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Valuable Information for Companies in the Food Industry |
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Welcome to PSV Food Safety Consultants
Welcome to our newsletter. It delivers important news and information, as well as identifying useful resources that can enhance your organization's competitiveness in the food industry. Our focus is on helping you to achieve and maintain an approved GFSI food safety certification. In doing so, we typically become a valued business partner to our clients. |
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Can Food Safety Violations Send You to Jail?
For those of you who hold positions of responsibility at companies in the food industry, have you ever wondered if you could go to jail if your product or service sickens customrs? The short answer is "Yes."
And it does not have to be a blatant violation as occurred with the Peanut Corporation of America that will likely result in felony jail terms for the former managers of the company. The defendants face jail time that could put them behind bars for the rest of their lives and fines that would bankrupt many businesses and most people. Source: Bill Marler, writing in Food Safety News.
Even if a manger is unaware of a food safety issue, they can still be convicted: A misdemeanor conviction under the Federal Food, Drug, and Cosmetic Act, unlike a felony conviction, does not require proof of fraudulent intent, or even of knowing or willful conduct. Rather, a person may be convicted if he or she held a position of responsibility or authority in a firm such that the person could have prevented the violation. Convictions under the misdemeanor provisions are punishable by not more than one year in jail or a fine of not more than $250,000, or both. Source:Food Safety News.
Take the case of the Jensen brothers. Their negligence led to the 2011 Listeria cantaloupe outbreak that sickened 147 and killed 33 people. The FDA and Center for Disease Control's investigation ultimately determined that the root cause of the outbreak was the farm's failure to utilize an anti-bacterial spray component of their newly installed cantaloupe cleaning system.
On January 28 of this year, Eric and Ryan Jensen were sentenced to five years of probation, six months of home detention, 100 hours of community service, and $150,000 in restitution to each victim of the deadly 2011 listeria outbreak.
As Bill Marler noted: Business owners, and those in authority at food manufacturing facilities, be forewarned - you can go to jail if you ship tainted food into interstate commerce - knowingly or not.
PSV Food Safety Consultants offers a comprehensive Gold Star Maintenance Program to help certified companies maintain readiness for unannounced audits or FDA inspections. Our affordable program is customized to satisfy your specific needs. Please contact us for a FREE consultation to learn how we can help your organization. |
