FDA Bars Dairy Trader from Importing into U.S. for 30 Years
The Food and Drug Administration has issued an order under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) debarring Anneri Izurieta for a period of 30 years from importing articles of food or offering such articles for importation into the U.S. FDA bases this order on Ms. Izurieta's conviction of six felony counts under Federal law for conduct relating to the importation into the U.S. of dairy products. The order is effective January 13, 2012.
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Conspired to Import & Distribute Adulterated Dairy Products from 2007-2010
FDA states that on or about April 18, 2007, and continuing through on or about December 23, 2010, in violation of 18 USC 371, Ms. Izurieta knowingly, and with the intent to further the object of the conspiracy, conspired with others to commit an offense against the U.S. to fraudulently and knowingly import and bring into the U.S. merchandise contrary to law in violation of 18 USC 545. Specifically, Ms. Izurieta conspired to distribute and sell imported dairy products that FDA had detained after receiving notice from FDA that the dairy products were suspected to be adulterated.
Failed to Disclose Location of Shipments Slated for Exam & Distributed Those Products
While serving as president and director of Naver Trading, Ms. Izurieta caused dairy products and other food to be imported from Honduras and Nicaragua. Despite a request from FDA to disclose the location of shipments of dairy products after learning that FDA had slated specific shipments for examination due to concerns of adulteration with Escherichia coli, Staphylococcus aureus, and Salmonella, Ms. Izurieta failed to do so. Ms. Izurieta also distributed shipments of dairy products after learning that FDA had slated these specific shipments for examination.
Failed to Redeliver, Destroy or Export Products Found Adulterated by FDA
In addition, Ms. Izurieta failed to redeliver for destruction and exportation shipments of dairy products that FDA had determined to be adulterated with E. coli, S. aureus, and Salmonella and that were not authorized for entry into the U.S.. Ms. Izurieta then distributed dairy products that were adulterated and not authorized for entry into the U.S.. This conduct was in violation of 18 USC 545.
Convicted of Six Felonies, Given Max Debarment of 30 Years
As Ms. Izurieta was convicted of six felony counts under Federal law for conduct relating to the importation of an article of food into the U.S., FDA determines that she is subject to the maximum possible period of debarment. As a result, Ms. Izurieta is debarred for a period of 30 years from importing articles of food or offering such articles for import into the U.S.
Importing Food with Ms. Izurieta’s Assistance or Direction Also Prohibited
In addition, pursuant to section 301(cc) of the FD&C Act (21 USC 331(cc)), importing or offering for import into the U.S. an article of food by, with the assistance of, or at the direction of Ms. Izurieta is a prohibited act.
(See ITT’s Online Archives 10082519 and 10081628 for summaries of previous FDA debarments which were for 15 and 5 years, respectively.)
FDA contact - Kenny Shade (301) 796--4640
(FR Pub 01/13/12)