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Incident Summary Report

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION3440 SE 19TH STREETHOLLYWOOD, FL. 33316

MOffense Description

Clearance:Other06/04/2019 16:21:42 -6/4/2019 4:21:42 PMFL0068000Status:JurisdictionOccur Date RangeReported to Agency DateOriginating Agency ORI

NALL, COREYOFFICER / WP165FWSA19OFF006811 /FWLR19CAD011300

ISR057694 (01)6/7/2019 1:16:16 PMReporting Officer NameReporting Officer Rank / IDReport Case/Cad NumberReport NumberReport Date / Time

LOCATION(S)

FLMARGATEN SR71332Ext.Phone NumberZip CodeStateCityApt/Lot/BldgStreetStreet Number

X2[US-441]COMPLAINT LOCATIONBROWARDLocation DescriptionLocation TypeCounty

Person: DEFENDANT

BROWNBALD5'07"MALEASIANQIUZHIHUAEyesHairWeightHeightSexRaceSuffixLast NameMiddle NameFirst Name

EFLQ000980713060, ,4708/26/1971FWC19MNI030600ID TypeStateDrivers License or other IDPlace of BirthAgeDate of BirthSSNMNI #

• RESIDENCE / 5814 NW 49TH LN, COCONUT CREEK, FL 33073 / 954-865-9998 Addresses

Business: INCIDENT LOCATION

CHINA SUPERMARKETExt 2Phone Number 2Ext 1Phone Number 1MBI #Officer Name

FLMARGATEN SR71332BROWARDZip CodeStateCityApt/Lot/BldgAddressStreet NumberCounty

China SupermarketOther Information

Charge: STATE STATUTE

379.362(1)1Arrest Offense Code DescriptionChargeCounts

MISDEMEANORSECOND DEGREEGeneral Offense CodeCharge LevelCharge Degree

NO RETAIL LICENSECharge Description

UCR Code / UCR Description

of 14Incident Summary Report





Charge: ADMINISTRATIVE CODE

CONSERVATION379.401(2)(a)1Arrest Offense Code DescriptionChargeCounts


VIOLATION OF FLORIDA ADMINISTRATIVE CODE PERTAINING TO THE SEAFOOD QUALITY CONTROL CODE - EXAMINATION AND CONDEMNATION OF SEAFOOD [68E-27.018]

Charge Description


68E-27.018 - NO SEAFOOD INTENDED FOR HUMAN CONSUMPTION SHALL BE SOLD OR OFFERED FOR SALE THAT IS UNSAFE OR IN ANY WAY LIKELY TO INJURE THE PUBLIC HEALTH

Administrative Code - Description

Charge: STATE STATUTE

CONSERVATION-LICENSE-STAMP379.363(1)1Arrest Offense Code DescriptionChargeCounts


UNLAWFUL TO SELL FROGS OR FRESHWATER FISH WITHOUT LICENSE.Charge Description


FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

Officer Agency

FWSA\SO REGION A\BROWARD

WP165OFFICERNALL, COREY

Officer Org/UnitOfficer ID NoOfficer RankReporting Officer

6/7/2019 1:29:17 PMNarrative SynopsisNarrative Date/Time

Narrative

Who: Zhihua Qiu (DOB: 8/26/71)What: Misdemeanor Fish ViolationsWhere: China Supermarket (1332 N State Rd 7 Margate FL)When: On 6/4/19 at approximately 1630 hours

On 6/4/19 at approximately 1630 hours, I, Florida Fish and Wildlife Conservation Commission

Officer Signature






(FWC) Officer Corey Nall was on patrol in my marked agency vehicle in Broward County. Ireceived information from dispatch that our agency had received a call about ChinaSupermarket (1332 N State Rd 7 Margate FL) selling live whole Stone Crabs. In Florida, no oneis allowed to possess the body of a stone crab dead or alive. I drove to the Supermarket toconduct an inspection of their fish products.

Upon initial inspection, I found a tank labeled as having Stone Crab in it. The crab in the tankdid not look like Stone Crab. After doing some more research, I found out that the crabs thestore had labeled as Stone Crab were actually Jonah Crab. I asked an employee working inthat section for the licensing and invoices for the store. He advised me that the manager of thestore should have them at the front. He went to grab her for me. I was then advised that theywere going to get the paperwork from the owner who was not currently at the store. I was toldthat the store manager was new and that the owner had all of the paperwork. I was told by theemployees that the owner had left but would be coming back.

The employee who was working in the fish section told me that he could try and find theinvoices in the mean time for me. I asked him to see the invoice for the snook they had ondisplay. When I initially saw the snook on display for sale, the entire face of every snook hadturned yellow from spoiling. The employee advised me that they did not have an invoice for thesnook because those had been in the store since before he had worked there. I asked him howlong he had been working at this store. He advised me "6 months." While I waited for theowner to arrive at the store I went to inspect the fish cooler. When I walked into the back therewere 3 women cleaning out the fish cooler of old fish boxes and sweeping up dustpans full ofdead flys and dirty water into garbage bags. I asked when was the last time it had beencleaned. I was never given an answer because they did not know. (SEE BODY CAME 24:30)

The son of the owner of the store showed up at this time. He stated he did not work there. Hecalled the stores accountant who tried to locate the paperwork I had requested. The accountantcould not find the paperwork. I again requested that the owner needed to get to the store. As Iwaited for the owner of the store to arrive, I went to inspect the fish that was currently out ondisplay for sale. I found multiple different species of fish for sale in unwholesome condition.Many of the fish I saw were yellowing in the skin and had cloudy eyes from decomposition(SEE PHOTOS). I also observed tilapia in the live tank for sale that had turned completelywhite and developed a rash on their sides from poor quality control.

At approximately 1845 hours the owner Zhihua Qiu (DOB: 8/26/71) arrived at the store. Qiu






stated that he had owned the store for 6 years and the previous owner told him that he hadeverything he needed 6 years prior. The retail licenses for saltwater and freshwater fish mustbe renewed each year and available upon inspection. Qiu could not provide me with thelicenses after I allowed for plenty of time to search for it. I then took Qiu to his fish section. Ishowed him all of the violations I had found. I showed him fish that he had on display, that hadrotted so bad that it would make someone sick. I also advised him the crabs he had labeled asstone crab were Jonah crabs. I explained that he was also required to have invoices for whereall the fish came from. I told him that the fish cooler needed immediate attention and cleaning,as well as a thermometer to ensure fish was kept at the correct temperature.

Qiu was issued a Mandatory Notice to Appear for three of the multiple violations. Qiu wasissued the NTA for no freshwater retail license, no saltwater retail license, and offering fish forsale that is unsafe in any way that is likely to injure public health. I explained to Qiu that he hadbeen selling hundreds of dollars worth of product without proper licenses for a long time andwas selling and keeping fish in a condition that would make people sick. Qiu was told to get ridof any of the spoiled fish and to make sure that the entire fish section and cooler was cleaned.Qiu was released without further incident.

---Body Cam Footage was used during this inspection---

Violations:

68E-27.018 - No seafood intended for human consumption shall be sold or offered for salethat is unsafe or in any way likely to injure the public health379.362(1) - No retail license (Saltwater)379.363(1) - Unlawful to sell frogs or freshwater fish without license

Warnings:

Qiu received warnings for not having a thermometer in his fish cooler, unclean floors andstorage facilities, and failure to keep invoices for fisheries products.






Officer: Approving Supervisor (Supplement 01)

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSIONWM947LIEUTENANTMCDONALD, LINDSAY A

Officer AgencyOfficer ID NoOfficer RankOfficer Name

6/8/2019 4:57:57 PMApproval Date / Time

True930 KB144010806/4/2019 6:39:19 PMResizedPicture SizePicture WidthPicture HeightPicture Date Time

Picture

Yellowing and bloody fish for saleDescription


Officer Signature






Picture

Tilapia that has completely faded with rotting eye and bodyDescription







Picture

Faded coloring on Tilapia for saleDescription







Picture

Tilapia that had turned completely white with a rash forming down its side in the live tank.Description







Picture

Bug pad with roaches and flys stuck to it. (Not recently changed)Description







Picture

Gray slimy gills on fish for sale (SUPPOSED TO BE RED)Description







Picture

Grey gills on fish for sale (SUPPOSED TO BE RED)Description







Picture

Rotten fish completely cloudy eye (FOR SALE)Description







Picture

Yellowing head and rotten eye on fish for sale.Description

Officer AgencyOrg/UnitID #Reporting RoleInvolvement On ReportOfficer RankOfficer NameSup #FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

FWSA\SO REGION

A\BROWARDWP165REPORTING

OFFICEROFFICERNALL, COREY01

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

FWSA\SO REGION

A\BROWARDWM947APPROVING

SUPERVISORLIEUTENANTMCDONALD, LINDSAY A 01






Officer Signature

OFFICERFLORIDA FISH AND WILDLIFE CONSERVATION COMMISSIONDEPUTY OF THE COURT, NOTARY OR LAW ENFORCEMENTOfficer AgencyThis the ______ day of _________________, __________WP165OFFICERNALL, COREYSworn and subscribed before me, the undersigned authorityOfficer ID NoOffice RankOfficer Name

Officer: Reporting Officer (Supplement01)

The undersigned certifies and swears that he/she has just and reasonable grounds to believe that the above named Defendant, committed violation(s), of law, on the below date(s) and time(s), as listed in the narratives associated with this report:


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