Following the history of serious food safety noncompliances at Boar’s Head’s Jarratt, Virginia facility, which led to a fatal listeriosis outbreak, the U.S. Department of Agriculture’s Office of the Inspector General (USDA’s OIG) has launched an internal investigation into the agency’s handling of the repeated sanitary violations found at the Virginia plant. The decision to launch an investigation was made by Inspector General Phyllis Fong, prompted by a call to action made by U.S. Senator Richard Blumenthal (D-Connecticut) in September.

“I welcome the Inspector General heeding my call for investigation of USDA’s abject failure to protect consumers against fatally contaminated Boar’s Head products,” said Sen. Blumenthal. “USDA took virtually no action—allowing Boar’s Head to continue business as usual at its chronically unsanitary Virginia plant—despite finding repeated serious violations.”

The foodborne illness outbreak in question was caused by Boar’s Head ready-to-eat (RTE) deli products contaminated with Listeria monocytogenes. Since July 2024, 59 illnesses and hospitalizations linked to the outbreak have been reported by the U.S. Centers for Disease Control and Prevention (CDC), resulting in ten deaths. Patients have been identified in 19 states.

U.S. Congress Members Urge USDA to Take Action Against Boar’s Head and Look Into Agency’s Own Processes

On September 5, 2024, Sen. Blumenthal wrote to Ms. Fong urging an investigation into USDA’s handling of previous safety violations at the Boar’s Head plant in Jarratt, Virginia, following the discovery of USDA Food Safety and Inspection Service (FSIS) inspection reports dating back to January 2022 that showed dozens of instances of unhygienic conditions, including insects, mold, meat residues on equipment, and other problems.

On September 26, Sen. Blumenthal and Representative Rosa DeLauro (D-Connecticut) wrote a letter to USDA Secretary Thomas Vilsack and U.S. Department of Justice (DOJ) Attorney General Merrick Garland, calling on USDA and DOJ to work together to determine whether to bring criminal charges against Boar’s Head for its responsibility in the outbreak. Sen. Blumenthal and Rep. DeLauro also urged USDA to strengthen its rules for Listeria monocytogenes prevention and to investigate other Boar’s Head locations for safety violations.

Moreover, in another letter dated September 30, Sen. Blumenthal, Rep. DeLauro, Sen. Cory Booker (D-New Jersey), and Sen. Richard Durbin (D-Illinois) asked USDA to answer specific questions about its actions leading up to the event, and about the strength of the agency’s Listeria Rule.

Boar’s Head to Face Possible Criminal Investigation

On September 27, the Associated Press reported that USDA-FSIS denied a Freedom of Information Act (FOIA) request for inspections and enforcement records on the grounds that the “dozens of pages of documentation” are being used for “a law enforcement purpose, which includes both civil and criminal statutes,” and that releasing such records could “interfere with” and “hinder” the investigation.