A permanent injunction requested in federal court Monday by the U.S. Food and Drug Administration revealed new details of the unsanitary conditions and repeat violations that led to the downfall of a prolific Baltimore County frozen dessert plant nine months after a listeria recall sent the business into a tailspin.

On June 21, 2024, the Totally Cool Inc. manufacturer, formerly one of the largest producers of ice cream in the state, was forced to recall more than 60 of their products sold across 13 brands nationwide as part of the FDA’s investigation into a listeria-exposed production line. Operations at the 42,000-square-foot Owings Mills factory ceased immediately as the company filed for bankruptcy and laid off 68 of its 71 employees. The abrupt closure had a ripple effect on the company’s longtime distributors — some of whom were small family businesses — that lost millions of dollars incinerating their storage from the local supplier.

In a request for a permanent injunction against the company, the FDA cites repeated violations discovered during the plant’s 2024 inspection that led to its shutdown, including faulty protocols, unsanitary conditions and a persistent strain of listeria that’s believed to have existed at the facility since 2017.

Attorneys for Totally Cool Inc. owner Michael Uhlfelder could not immediately be reached for comment.

The FDA’s request shows that 11 of the 70 subsamples taken from varied spots inside the Owings Mills facility last year tested positive for listeria. Some of the strains matched samples from previous inspections at the facility in 2017 and 2019, indicating that the bacteria had a “persistent” presence at the plant. Laboratory tests conducted by the agency showed the strain was also capable of causing illness, documents said.

Unlike other bacteria causing food sickness, listeria can survive and multiply in cold, damp spaces, making it a common pathogen that can be seen in around the production of ice cream.

The inspection, which began May 20, also found issues with condensation dripping on conveyor belts making ice cream sandwiches, staff using spray hoses in proximity to production lines, and standing water near areas where food was being made, which carries the potential for the growth of more pathogens, according to the court documents. Staff also did not consistently wash hands or change gloves and struggled to identify effective protocols to prevent the contamination of products

Nearly all of the violations were brought to the facility’s attention during previous inspections, including the staff’s lack of sanitizing utensils and equipment, the documents said.

In November 2019, the company was cited for not addressing a positive test for listeria that personnel discovered in-house. That same inspection also made note of a cracked floor, which also yielded a positive test for listeria.

In response to what the FDA says was a the lack of corrections taken to remedy the reported violations, as well as the increase in positive listeria samples found at the facility in 2024, the agency suspended the company’s food facility registration, which barred it from distributing its products.

The agency believes Totally Cool has yet to make alterations to improve the facility’s sanitary conditions. While the business remains unable to import or export food, the agency’s request seeks to bar Totally Cool staff from reopening the business in a separate facility and resuming operations until they are reinspected and found in compliance with FDA standards.

Totally Cool is being asked to pay the associated costs of the FDA investigation. The business has also been tasked with paying off a series of claims filed by major brand distributors. Some of the company’s products were sold under famous brand names that included Friendly’s, Abilyn’s, Hershey’s Creamery Corporation, Schwan’s/Yelloh!, Jeni’s, Cumberland Farms and ChipWich.