Valuable Information for Companies in the Food Industry

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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 approved food safety certifications. In doing so, we typically become a valued business partner to our clients.

How Fast can your Company Implement a Food Recall? The Legal Implications are HUGE!

Although the FDA can mandate a food safety recall, they do not set a timeframe for completion. For example, a June report by the Inspector General of the Department of Health and Human Services found the FDA did not have sufficient policies in place to speed up voluntary recalls from food companies.

The report noted that in all 30 voluntary recalls it examined, the FDA did not mandate a timeline for the company in question to issue a recall. In two such cases, the companies didn't recall potentially contaminated products for 165 and 81 days after the FDA knew about the problem. (Huffington Post, 8/1/2016)

These companies may feel they have complied with the FDA mandate. However, that does not circumvent legal liability for consumers made sick while they delayed action.

To protect themselves, manufacturers of food products must demonstrate "due diligence" in preparation processes. According to Mettler Toledo: "In law, we each have a 'Duty of Care' which requires that we adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. The 'Standard of Care' is the degree of watchfulness, attentiveness, prudence and caution of an individual who is under a 'Duty of Care'. In the food industry, the Standard of Care' is determined by the standard that would be exercised by the reasonably prudent manufacturer of a product. Failure to meet the standard could be regarded as negligence, and any resulting damages may be claimed in a lawsuit by the injured party."

Recently, General Mills expanded a multi-state flour recall linked to legal

E. coli-contaminated products that have sickened 46 people so far. Although the outbreak began in December 2015, it wasn't addressed with a recall until the following May.

Guess who is going to be legally liable for the illnesses suffered by those 46 people while GM dilly dallied?! There is no excuse for delaying a food product recall, especially after an FDA order to do so. That's just stupid policy!

The best way to optimize a recall plan and minimize legal damages is to have an effective food safety management system. At minimum, this means operating under a verified HACCP or HARPC plan. Going further, companies with certified GFSI systems (e.g., SQF, BRC, or FSSC 22000 ) are well positioned to legally demonstrate "Duty of Care" compliance in court.

We can Help

If your organization needs assistance in becoming certified to a food safety standard, preparing for vendor or re-certification audits, or achieving HARPC compliance under the FSMA landscape, we can provide affordable local consultants to assist you. Learn more at Food Safety Consultants, a North American alliance of highly experienced consultants with proven track records.

August 2016

In This Issue

How Fast can You Implement a Recall?

Don Steele

We are a nationwide network of food safety consultants with seasoned expertise in helping clients become certified under approved GFSI schemes. Our consultants work closely with you to develop a certification strategy that best fits your unique situation and budget. And our turnkey consulting approach ensures your certification success in a timely fashion...satisfaction guaranteed!.

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How can your business and facilities become certified to a GFSI approved scheme? This detailed, customized report explains the steps involved and provides North American organizations with an estimate for consulting, Registrar and auditing fees. It also gives you an idea of the timeframe typically required for a company like yours to achieve a GFSI food safety certification. And just for requesting the Report, we will send a FREE publication, "Marketing your Food Safety Certification - How to Promote your Food Safety Certification," which explains how to leverage your GFSI-approved certification to gain more business.