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Food & Beverage Expert Witness Newsletter
March 2010 |
Greetings!
 WELCOME to the first issue of Food & Beverage Legal Expert Witness Newsletter. The purpose of the newsletter is to highlight hot legal topics in the food & beverage industry, discuss food safety industry trends, review prior case studies, and showcase deficiencies in the food and beverage industry that make it vulnerable to litigation. Please feel free to email topics of interest for future newsletters.
Darrel Suderman PhD, President Food Technical Consulting
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Hot Industry Issues!: 2009 Federal Class I, II, & III Recall Trends
At the beginning of 2010, 26 FSIS recall cases remained open from 2009 - 42% represented cases with food pathogens, and 30% represents the potentially deadly E. coli O157:H7 pathogen. Most E. coli cases involved ground beef. Listeria and Salmonella represented the two other pathogens. Proper sanitation, QA process adherence, and outright negligence appear to be the cause agents - because how else can you explain Class II recalls that represent undeclared allergens, no inspection, prohibited materials, undeclared ingredients, or misbranding! A skilled Expert Witness can identify the safety links breakdowns in its "farm-to-fork" supply chain.
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USDA FSIS Recall Classes:

If the FSIS Recall Committee recommends a recall, the Committee classifies the recall based on the relative health risk, as follows:
- Class I - A Class I recall involves a health hazard situation in which there is a reasonable probability that eating the food will cause health problems or death.
- Class II - A Class II recall involves a potential health hazard situation in which there is a remote probability of adverse health consequences from eating the food.
- Class III - A Class III recall involves a situation in which eating the food will not cause adverse health consequences.
In addition to determining the class of the recall, the Recall Committee verifies that the company has identified production and distribution information to facilitate the recall.
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