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Settlement Reached in Grouper Bait And Switch Scandal

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The Florida Attorney General's Office announced today a settlement with a national food distributor involved in a bait and switch scandal at more than a dozen local restaurants accused of serving fake grouper to customers.

As part of the settlement, Sysco Food Services -- West Coast Florida will donate $100,000 worth of food to area soup kitchens and charities and pay a $200,000 fee to the state for investigative costs.

State investigators began the investigation two years ago after complaints had been filed that some local eateries were serving up something other than grouper to patrons ordering grouper dinners.

The settlement with Sysco Food Services -- West Coast Florida, concludes the probe, said Attorney General Bill McCollum in a news release issued this morning.

"Grouper is an important part of Florida's market and everyone gains from ensuring that our restaurants are receiving and serving the real thing," McCollum said in the release.

In 2006, the Attorney General's Economic Crimes Division opened the probe after allegations that some Tampa Bay area eateries served and billed customers for grouper, but served up less expensive fish.

Investigators collected samples from more than 20 restaurants and had the DNA from the samples tested at a St. Augustine lab.

Of the 20 restaurants targeted, 17 were identified as substituting other species of fish for grouper, the release said. The Attorney General concluded its investigation of the restaurants last year. Settlements were made with the eateries, including La Teresita Cafeteria on West Columbus Drive which was ordered to repay the state $4,500 to cover investigative costs; The Casual Clam on Ninth Street North in St. Petersburg and Woody's Waterfront Café of St. Pete Beach, each of which repaid the state $2,500.

Each restaurant also donated $500 to the laboratory that conducted DNA tests to show the fish were not grouper.

The state's probe continued, however, and investigators began looking at Sysco, which distributes food and related supplies to restaurants across the state.

The investigation concluded that Sysco supplied grouper to 14 of the 17 restaurants under investigation.

Today's settlement orders Sysco to stop marketing to its clients any items described as grouper without taking reasonable steps to determine that the item is genuine, the release said. Furthermore, the release states, "if Sysco undertakes scientific testing of its fish supply and the tests do not positively identify a product as grouper, or if Sysco has any other reason to believe the product is not grouper, Sysco will not market the product as grouper."

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