Seized products include dry non-fat milk powder and buttermilk powder packaged in 40- and 50-pound bags for further manufacturing and are worth nearly $4m, according to authorities.
The company is owned by the Maryland and Virginia Milk Producers Cooperative Association in Reston, Virginia.
Valley Milk’s testing
It said multiple tests by third parties on the milk powder have been negative for Salmonella and it tests all finished products prior to sale.
Valley Milk is currently not producing dry powdered milk and no illnesses have been linked to products.
“In light of the FDA’s concerns, we have retested the powder in the warehouse and all tests are negative for Salmonella,” it said.
The US Department of Justice filed the complaint, on behalf of the Food and Drug Administration (FDA), in the court for the Virginia Western District.
FDA and regulators from Virginia are investigating powdered ingredients produced during the spring and summer of 2016 at the Strasburg, Virginia plant.
The Virginia Department of Agriculture and Consumer Services (VDACS) placed the Valley Milk powder under quarantine at the end of August. Last week, FDA took custody of the powder.
It will remain on hold until the two parties reach an agreement on how to move forward.
Recall refusal or not?
Confusion initially surrounded whether the firm refused to issue a recall or not. The FDA said it did but the firm said it did not. When asked about this, the FDA did not offer an explanation.
Melinda Plaisier, the FDA’s associate commissioner for regulatory affairs, said the agency urged Valley Milk to conduct a voluntary recall of implicated products.
"The firm refused to recall and, as a result, we have had to intervene and seize this adulterated food to prevent it from reaching consumers who could be exposed to Salmonella from these products."
However, the firm said it had not refused to conduct a product recall.
Valley Milk Products did recall 50-pound bags of nonfat milk powder and sweet cream buttermilk powder produced from December 10, 2015 to July 5, 2016 on 2 December (see here for affected lot numbers).
High Heat Nonfat Dry Milk Powder Loin 50# bags have a shelf life of 18 months and Sweet Cream Buttermilk Powder in 50# bags a shelf life of 12 months.
They are not sold directly to consumers but used as ingredients in items such as bakery products.
FDA raised concerns about cleaning records for the drying equipment used to produce the recalled products, casting doubt on whether they may contain Salmonella.
Sanitary issues and Salmonella positives
During an inspection of Valley Milk from July to September this year, FDA investigators found what it called ‘poor sanitary practices’ and reviewed company’s records, which showed positive results for Salmonella in the internal environmental and finished product samples.
Investigators observed residues on internal parts of the processing equipment after it had been cleaned and water dripping from the ceiling onto manufacturing equipment.
Environmental swabs confirmed Salmonella meleagridis on surfaces food came into contact with after being pasteurized.
The FDA used whole genome sequencing (WGS) to link the samples from the facility over time.
Sampling results indicate the Salmonella strains from 2016 are nearly identical to strains found at the company in 2010, 2011 and 2013.
FDA said the findings of S. meleagridis dating back several years ‘demonstrate the existence of a persistent strain of Salmonella’ at the facility.
The agency worked with the Virginia Department of Health and VDACS during the investigation.
Valley Milk Products said it was working with the FDA to resolve concerns related to milk powder placed under hold.
“Out of an abundance of caution, we have not produced any dry milk powder at Valley Milk since the FDA initiated its inspection in late July.
“We are confident in the work of our farmers, our dairy industry and government regulators that allows us to continue to produce a safe and nutritious product for our customers.”
Valley Milk is capable of processing over 200 million pounds of milk each year in the form of cream, butter, dried milk powder and condensed milks. These ingredients are used in making bread, ice cream, baby food and frozen dinners.
- This article was updated to reflect the voluntary recall by Valley Milk Products