The Inspector General of the U.S. Department of Agriculture has begun investigating how the USDA managed noncompliance issues reported at the Boar’s Head plant in Virginia, which is linked to a widespread listeria outbreak, according to a statement from a congressional member on Tuesday.

Inspector General Phyllis Fong is scrutinizing the USDA’s response to reports of “noncompliances” at the Jarratt, Virginia facility, as identified by inspectors from the USDA’s Food Safety and Inspection Service (FSIS) in the months leading up to the listeria outbreak, as mentioned by Senator Richard Blumenthal, D-Conn., in a recent press release.

Last month, Blumenthal and Representative Rosa DeLauro, D-Conn., urged the USDA and the Justice Department to enhance the listeria prevention measures adopted by the agency and to consider legal action against Boar’s Head.

Since Boar’s Head announced a recall of its liverwurst and other ready-to-eat deli meats due to possible listeria contamination in late July, at least 59 individuals have been hospitalized, with 10 reported deaths across 19 states amid the outbreak, as reported by the Centers for Disease Control and Prevention.

Senator claims USDA ‘took practically no action’ at the Boar’s Head facility

The Inspector General’s office did not provide a comment in response to inquiries from YSL News. However, indications were surfacing that the outbreak had led to some kind of investigation.

In late September, YSL News’s multiple requests for FSIS records under the Freedom of Information Act were rejected, citing an exemption that prevents disclosure of “records or information compiled for law enforcement purposes.”

Senator Blumenthal addressed the inspector general in a letter last month expressing concern over the USDA’s lack of action, stating he was “shocked” at the extent to which the plant had “repeatedly violated federal laws.” Boar’s Head halted operations at the plant on September 13, but Blumenthal asserted that “the situation should never have escalated to this degree of seriousness.”

Insects, mold, and mildew among cited violations at Boar’s Head

“The USDA took practically no action – allowing Boar’s Head to carry on with its normal operations at its persistently unsanitary Virginia facility – despite identifying serious repeated violations,” stated Blumenthal in the release. “The Virginia plant should have been closed down years ago before any illnesses or fatalities resulted from listeriosis. The Inspector General’s investigation is an important first step to ensure accountability and avert similar tragic errors in the future.”

The investigation “will assess if appropriate corrective and enforcement measures for reported noncompliances at the Boar’s Head facility were executed; and if the agency has a competent system to recognize, escalate, and address recurrent noncompliances reported at state-inspected establishments to minimize the risk of tainted products entering the food supply,” said Blumenthal in the press release.

Blumenthal and DeLauro also reached out to Attorney General Merrick Garland and USDA Secretary Thomas Vilsack to discuss the potential for criminal charges against Boar’s Head “for their part in this crisis,” as outlined in their letter dated September 26. “In this specific instance, the USDA should also contemplate thorough inspections of all Boar’s Head facilities to confirm that the practices at the Jarratt plant have not spread to other locations,” they asserted.

In the aftermath of the outbreak, several lawsuits have been filed against Boar’s Head, including a wrongful death lawsuit representing the family of a Holocaust survivor who passed away after consuming contaminated liverwurst.