FDA Found Cleanliness Issues at Nestle plant

By Kathy Will

The latest inspection report from the FDA was signed July 9 by four investigators who inspected the Danville facility from June 18-July 9. The investigators noted two issues of cleanliness and Nestle is being given a chance to refute the findings or implement corrective action.

The FDA and Centers for Disease Control and Prevention (CDC) has said that at least 72 people have been sickened in 30 states with the same strain of E. coli O157:H7. The agencies have associated the outbreak with Nestle Toll House refrigerated cookie dough eaten raw and they have warned consumers against eating any variety of the dough. But so far they have not pinpointed what ingredient or manufacturing condition caused the outbreak.

iStock_000007438226XSmall[1A review of FDA inspection reports since 2004 shows that investigators have had occasion to be concerned about cleanliness at the Nestle cookie dough plant in Danville, Virginia. In addition, the reports analyzed by national food safety law firm Pritzker Olsen show that Nestle has been steadfast in blocking federal health investigators from viewing internal company records regarding consumer complaints about cookie dough

During an inspection of the Danville plant June 18, investigators found an overhead pipe with ice build-up. Condensate from the ice dripped onto a metal rake that workers were using to scrape cookie dough from the mixer into a dough trough for transport to the filling line. The report said: “Lack of appropriate design to enable manufacturing systems to be maintained in an appropriate sanitary condition.”

The same inspection report said: “The workmanship of equipment does not allow proper cleaning.” This was in reference to certain gate valves on hoppers containing dry cookie dough ingredients. Nestle disassembled the valves as a result of the inspection on four production lines. “The gate valves appear to have food contact surfaces that are not easily cleanable,” the report said.

Going back to 2004, FDA investigators conducted an inspection of the Danville plant that resulted in a discussion with plant managers over four concerns. According to the report, these were:

  • Three live ant-like insects were seen along a wall of the powdered sugar dump station in the cookie dough manufacturing area.
  • Dirty equipment and utensils were in a bin marked as “clean” in the cookie dough cleaning area.
  • Clear liquid was dripping from an overhead line in the liquid egg receiving bay.
  • Equipment was not functioning properly to remove trays of cookie dough on one of the production lines.

The 2004 report also noted some areas where Nestle was uncooperative. Quoting from the report: “The firm refused to provide the following:

  • Percent of products which move in interstate commerce.
  • Review of complaint log
  • Use of camera
  • Review of pest control records
  • Review of HACCP program
  • Information on environmental testing program

In several of the reports dating back to 2004, the company denied investigators access to company logs of consumer complaints. In one instance, according to the reports, investigators saw a heading from a consumer complaint about insects found in cookie dough. When investigators asked to see the complete file, they were denied.

To contact an E. coli lawyer at Pritzker Olsen about the Nestle cookie dough recall and outbreak, call toll-free 1-888-377-8900 or fill out a form online to receive a free case consultation from one of our attorneys.

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