News from New York State Department of Environmental Conservation

For more information contact: Maureen Wren, 518-402-8000

Illegal Clam Dealer Snagged by State DEC

Owner of Bao Ding Sea Food, Inc. To Face Felony Charges

ALBANY, NY (05/30/2008; 1550)(readMedia)-- A Manhattan-based seafood vendor has been arrested on criminal charges involving the alleged unlawful sale of foreign, contaminated shellfish, the New York State Department of Environmental Conservation (DEC) today announced. Shi-Ben Zheng, the owner of Bao Ding Sea Food Inc., surrendered himself yesterday on two counts of felony charges of illegal commercialization of shellfish and a misdemeanor charge of reckless endangerment.

The case stems from the storage of approximately 7,500 packages of raw razor clams falsely labeled as “cooked” and with the alleged intent to sell them in New York area markets. DEC’s shellfisheries lab tested the clams and analyses showed that the clams had high levels of fecal coliform, with some samples registering 20 times the allowable public health standard. The clams, with an approximate retail value exceeding $10,000, were seized and destroyed.

The clams were imported from China, which does not a have a shellfish program that is approved by the United States Food and Drug Administration. Neither Bao Ding nor the alleged supplier of the clams in China, Eastern Seafood, is a certified shellfish dealer in New York and therefore the clams could not legally be sold or offered for sale in the state.

Shi-Ben Zheng faces a maximum penalty of $5,000 and/or up to four years in prison for each E felony count of illegal commercialization of shellfish. Additionally, the defendant could face up to a $1,000 fine and up to one year in prison for reckless endangerment. The New York State Attorney General’s Office is prosecuting the case for DEC.

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