Pago Pago, AMERICAN SAMOA — Concerns raised by House Representatives (faipule) about restaurants and businesses reopening after repeated health‑safety violations backfired on the Fono when a senior Department of Health (DOH) official revealed that most of these re-openings were ordered by senators, faipule, or directors.

This was openly stated by Eileen Solaita, manager of the DOH Environmental Health Services Division, during testimony before the House Health Committee last Friday. Solaita said her division works hard to enforce food‑safety and sanitation laws, but one of their biggest challenges is interference from senators, faipule, and directors.

Solaita stated bluntly that on the very same day her office shuts down a business for health‑safety violations, a faipule, senator, or government director will often intervene and instruct them to reopen the establishment the next day. She said these officials are usually the sponsors of the business owners whose operations were closed. She further revealed that staff have even been offered money to reopen businesses that were shut down for violations.

Explaining one of the most recent DOH cases to illustrate what transpires when a business is legally closed and then allowed to re-open — Jade Restaurant and Jade Fast Food — Solaita said that the two businesses were not shut down because of food‑safety or sanitation violations. Instead, DOH closed them after discovering that a storage area used to keep food supplies, including seafood, did not have a health permit and failed to meet environmental health standards. She said the facility that had been shown to inspectors — and approved — was not the one the business was actually using.

Solaita said DOH closed both the restaurant and fast‑food operation and made sure all food items stored in the unapproved facility were condemned and disposed of. The business has since moved its supplies back to the storage area originally approved by DOH. Jade Restaurant and Jade Fast Food were then allowed to reopen after paying a fine and completing the corrective action plan required by the DOH.

Faipule Lua‘itaua Gene Pan questioned how a business with repeated health‑safety violations could be allowed to reopen under the current system. He underscored the seriousness of the issue, saying, “You need to slaughter one lamb in order for the flock to follow.” Pan asked what would happen if unsafe food handling led to someone becoming seriously ill or even dying, emphasizing that the stakes extend far beyond administrative procedure.

Faipule Faimealelei Anthony Allen echoed those concerns, noting that he has personally experienced food poisoning and described it as deeply unpleasant. “Imagine having your young children or your elderly grandparents eating at these places and becoming sick because the food is not safe,” he said, stressing that vulnerable members of the community would bear the brunt of lax enforcement.

House Vice Speaker Fetu Fetui and Faipule Fagaima Larry Sanitoa stated that under the statute, once a citation is issued for a health‑safety violation, the matter must proceed to the court, which alone has the authority to adjudicate the case and impose any penalties.

During the discussion, Faipule Trudie Ledoux‑Sunia shared a complaint from a business that had been ordered to shut down and pay a $5,000 penalty before being allowed to reopen. Although she did not identify the business, Ledoux‑Sunia said the owner felt the enforcement was unfair and raised concerns about the disproportionate number of photos of their premises posted on Facebook. She noted that other businesses facing closure had only a few images shared publicly, while some had none at all.

Solaita explained that it can take up to three weeks — and sometimes longer — for a citation to reach the court for a hearing. As a result, any business ordered closed remains unable to reopen during that entire period. She said many owners are eager to pay the penalty and complete corrective actions immediately so they can resume operations, but the current process leaves them waiting. 

She noted that under the 2023 penalty schedule, fines are set at $5,000 for a first closure, $7,000 for a second, and $10,000 for a third. She further revealed that they did not start enforcing the fines until 2025 and carried out outreach and training for business owners and staff. 

The majority of House members attending the hearing commended Solaita and her staff for their work to safeguard public health, acknowledging that their enforcement efforts often make them unpopular with business owners. 

Faipule emphasized, however, that the division must apply the law uniformly and ensure that all businesses are treated the same, regardless of political connections or public pressure.

Faipule Fiu John Saelua asked whether the list of businesses cited or closed could be distributed to House members, and Solaita confirmed that it can be made available. Faipule Avagafono Maiava also requested access to the list.

House Vice Speaker Fetu noted that he had spoken with Solaita last year when his own business was closed, reiterating that his understanding of the statute is that inspectors may issue a citation, but the case must then be adjudicated by the court.

He emphasized that his conversation with Solaita at the time was made in his capacity as a businessman — not as a faipule — pointing out that he has operated a business for more than 30 years and believes that perspective deserves to be heard in discussions about enforcement and due process.