A Pomona food wholesaler was sentenced Monday to 15 months in federal prison for smuggling Chinese frozen roasted eel for human consumption that had been previously refused entry into the U.S., federal authorities announced.

Kevin Sheng Hsiang Fang, 41, and his City of Industry-based food wholesale business, Yong Chang Trading Co., Ltd. (dba Heng Xing Foods, Inc.), each pleaded guilty in May 2023 to one count of smuggling and one count of introducing adulterated food into interstate commerce.

Fang, who had faced a maximum sentence of 21 years, was a high-volume importer of Chinese frozen roasted eel, commonly known as unagi. The criminal case stemmed from a shipment of Fang’s imported Chinese frozen roasted eel that was sample-tested by the Food and Drug Administration (FDA) and found to be unsafe for human consumption, which prompted the FDA to refuse its entry into the U.S.

Fang admitted that he knowingly re-imported the previously refused Chinese frozen roasted eel, using new entry information and comingling it with other eel to evade detection.

When he pleaded guilty, Fang admitted that the Chinese frozen roasted eel which he tried to import and distribute was adulterated with Gentian Violet, Leucogentian Violet and Malachite Green, unsafe new animal drugs. The use of these antibiotics or chemicals during various stages of aqua-cultured food can result in the presence of residues of the parent compound or its metabolites in the edible portion of the aqua-cultured seafood.

The presence of antibiotic residues may contribute to an increase of antimicrobial resistance in human pathogens, according to an FDA alert

Moreover, prolonged exposure to Malachite Green and Gentian Violet has been shown to have a carcinogenic effect.

The FDA, in partnership with U.S. Customs and Border Protection (CBP), serves as the first line of defense for America’s imported seafood supply chain and utilizes import alerts for aqua-cultured seafood from countries around the world. Seafood and fish products are temporarily detained with FDA detention holds to prevent the introduction of contaminated food product into commerce.

The FDA contacts importers to advise of the hold with a detention hold notification and waits for the sample testing results to establish that a seafood or fish product is non-violative. The regulatory framework prevents the entry and distribution of potentially violative or unsafe seafood to customers in the U.S., and serves to protect the integrity and safety of the imported fish and seafood supply chain for human consumption.

“Federal laws that prohibits the smuggling of certain food products are intended to protect consumers from hazards to their health,” U.S. Attorney Martin Estrada said at the time of the guilty plea. “We are committed to working with our law enforcement partners to protect the American people from such public health dangers and to ensure the safety of our food supply.”

“Today’s announcement serves as a reminder that food importers have a critical responsibility to sell food that is safe for American consumers to eat,” said Special Agent in Charge Robert M. Iwanicki of the FDA’s Office of Criminal Investigations, Los Angeles Field Office. “We will continue to pursue and bring to justice those who put the public health at risk by distributing adulterated foods in the U.S. marketplace.”

“This individual showed complete disregard for the health and safety of the U.S. consumer by knowingly bringing tainted products into the market,” said Eddy Wang, Homeland Security Investigations (HSI) Los Angeles acting special agent in charge. “Thanks to the professionalism and dedication of multiple partner agencies, this criminal activity has been disrupted.”

“The result of this investigation to detect and prevent the illegal trade of wildlife species was made possible through the diligent work, dedication, and collaboration among all law enforcement agencies involved,” said Special Agent in Charge Manisa Kung of the U.S. Fish and Wildlife Service’s Office of Law Enforcement, Pacific Southwest Region.

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