Under the terms of the settlement agreement, Kim Long Market Malden, LLC and its managers, Chien Hong Pham, Thomas Pham and Tien Manh Pham, will voluntarily close the business, pay civil penalties and restrict their future employment in the food retail business.
BOSTON – A retail food market in Malden – operating under a consent decree for previous violations of federal law relating to the sale and transport of misbranded and uninspected meat food and poultry products – has entered into a settlement agreement with the government to resolve allegations that it violated the law for the third time in four years.
Since entering into the consent decree, the defendants have violated the FMIA twice –in 2020 and again in January 2023 – by selling and offering to sell 217 pounds of uninspected and misbranded meat food products to retail customers.
In 2019, the defendants entered into a consent decree with the United States Department of Agriculture (USDA) and admitted that they had purchased, offered for sale and sold meat food products that were not inspected by USDA and were misbranded in violation of the Federal Meat Inspection Act (FMIA). In addition, the defendants admitted that they failed to maintain appropriate business records concerning those meat products. The defendants also agreed to pay civil penalties and be subject to other restrictions if they violated the FMIA again.
“Consumers should be able to trust that their food is produced and sold under safe and sanitary conditions,” said Acting United States Attorney Joshua S. Levy. “This settlement agreement protects the public and holds the defendants accountable for their repeated failures to comply with the Federal Meat Inspection Act.”
The settlement agreement, which resolves the January 2023 allegations, requires the defendants immediately pay $65,000 in civil penalties and holds in abeyance an obligation to pay an additional $262,000 in civil penalties if the defendants close Kim Long Market; Chien Hong Pham and Thomas Pham agree to not work in the retail food business again; and Tien Manh Pham agrees to not own or manage a food retail business and report his employment with any food retail business for a period of five years.
Acting U.S. Attorney Levy and USDA FSIS Administrator Kiecker made the announcement today. Assistant U.S. Attorney Steven Sharobem of the Affirmative Civil Enforcement Unit handled the matter.
“The work our personnel do every day is critical to protecting public health,” said Administrator Paul Kiecker of USDA’s Food Safety and Inspection Service. “We do not tolerate repeated violations of the laws and regulations in place to protect American families.”