Neptune Manufacturing agreed to a permanent injunction amid claims that it did not ensure a safe environment for seafood production.  The Order prohibits Neptune from committing violations of the federal Food, Drug, and Cosmetic Act, and it requires Neptune to cease all manufacturing operations.

FDA inspections dating back to 2006 “documented a pattern of continuing conduct of insanitary conditions resulting in the persistent presence of Listeria monocytogenes.”  The FDA conducted its most recent inspection in December 2013, allegedly documenting a failure by Neptune with regard to “Hazard Analysis and Critical Control Point plans that control for Clostridium botulinum and L. mono hazards.”

Inspectors noted the observation of cutting utensils “with dried pieces of fish on them, and exposed cracks, pits and crevices on the floor allowed water to pool in them, increasing the risk of L. mono contamination.”

FDA samples taken from the brining room, the smoking-drying room and the walk-in cooler, where finished products are stored, all tested positive for L. mono, the Justice Department alleged, noting that these are “critical areas.”