Salmonella Cheese

Four people were indicted this week on charges they washed and repackaged moldy, bacteria-laden Mexican cheese and distributed it nationally through a facility in Elmhurst, according to a press release from the Northern Illinois District of the U.S. Department of Justice.

The four allegedly ignored U.S. Food and Drug Administration orders in 2007 to hold the cheese after inspections determined that samples contained salmonella, e. coli and other dangerous bacteria.

Indicted were:

Baldemar Zurita, 39, of Chicago, who was employed by Quesos Sabrosos Mexicanos, the Illinois company that imported the cheese from Mexico. Baldemar pleaded not guilty to charges of conspiracy in U.S. District Court Thursday, according to an article in the Chicago Sun-Times.
Guadalupe Zurita, 42, of Villahermosa, Mexico, Baldemar’s brother, who owned and operated Quesos Sabrosos Mexicanos. A warrant was issued in the U.S. for Guadalupe Zurita, who lives in Mexico.
Miguel Leal, 47, of Monroe, Wisc., who was president and owner of Mexican Cheese Producers in Darlington, Wisc., which also operated the distribution company in Elmhurst.
Cynthia Gutierrez, 37, of Cicero, who was the finance and operations manager at the Elmhurst facility. Leal and Gutierrez will be arraigned at a later date in Federal court, according to an article in Food Safety News.

According to the six-count indictment handed down on Wednesday, the Illinois company shipped 110,986 pounds of dried Mexican cheese to the Elmhurst facility over three consecutive months. The cheese was distributed to retail stores in Illinois, Indiana, Michigan, Georgia and Texas under the brand name Queso Cincho DeGuerrero. It was sold in 35- and 40-pound wheels.

On April 15, 2007, the FDA placed a hold on the first shipment, and on April 20, 2007, an FDA inspector attempted to inspect and sample the shipment at the Elmhurst facility but found that some of the cheese was missing. Leal and Gutierrez allegedly distributed 311 cartons of cheese from the April shipment prior to the April 20 inspection.

Baldemar Zurita and Gutierrez lied to the inspector, saying that the 311 cartons of cheese were not sold but were sent to the Darlington plant, the indictment alleges. On April 23, 2007, Guadalupe Zurita and Leal allegedly arranged to place 311 boxes of “stand-in” cheese in the Darlington plant with no labels in case the FDA inspector went there to look for the cheese.

In April and May 2007, Leal and Gutierrez allegedly distributed the remainder of the April shipment despite the FDA’s hold order. The FDA subsequently changed the hold on the April shipment to “detained” because the cheese was found to contain salmonella, e. coli, and staphylococcus, all of which can cause illness.

The FDA initially placed hold orders on the May and June shipments as well and, following inspections, detained both shipments. Subsequently, the FDA changed the status of the April and May shipments to “refused,” ordering that they be destroyed or exported from the country under supervision. Despite the hold orders, between May and September 2007, Leal and Gutierrez allegedly distributed the May and June shipments to customers throughout the United States.

The indictment alleges that between June and September 2007, Baldemar Zurita “washed” the cheese that dissatisfied customers had returned from all three shipments in an attempt to remove mold and fungus so they could resell the cheese to other customers. He allegedly washed the cheese under the direction of his brother and at the request of Leal and Gutierrez.

All four defendants were charged with conspiracy to violate the federal Food, Drug, and Cosmetic Act by introducing adulterated cheese into interstate commerce and three counts of violating the food safety law. Leal, Gutierrez and Guadalupe Zurita were charged with obstructing the FDA for allegedly concealing the sale and distribution of 311 boxes of dried Mexican cheese, and Gutierrez and Guadalupe Zurita were also charged with obstructing the FDA for allegedly making a false bill of lading referencing the 311 boxes and submitting the document to an FDA inspector.

The conspiracy count and one of the FDA obstruction counts carry a maximum prison term of five years, while each count of violating the Food, Drug and Cosmetic Act carries a maximum of three years in prison. The FDA obstruction count against Gutierrez and Guadalupe Zurita carries a maximum of 20 years in prison, and all six counts in the indictment carry a maximum fine of $250,000.

The indictment does not allege any instances of illness or other public health consequences.

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