Tag: peanut butter recall

The Uniform Commercial Code and Food Recalls

Article 2 of the Uniform Commercial Code ("UCC") is the source for determining the contract rights between parties, often including completely innocent parties, involved in a product recall. The terms of the parties' contract, often subject to the so-called "battle of the forms" will determine their relative rights. The timing of the recall, whether it occurs before acceptance, during the time when a revocation of acceptance can still be possible, or when the only remaining claims are for breach of warranty, will also have a critical effect on the parties' relative rights.… Continue Reading

Nestle’s Makes the Very Best Peanut Decision

March 19's House hearings on food safety highlighted that Nestle has used its own inspectors in 2002 and 2006, who had found fault with Peanut Corporation of America's plants, while Kellogg's and others had relied on PCA's own inspections by IAB. The question is: why did Nestle's results never see the light of day and can policies be developed that allow such information to reach the public without grinding the food industry to a halt?… Continue Reading

Senator Durbin Likely to Introduce New Food Safety Legislation

The National Grain and Feed Association has reported to its members that Senator Richard Durbin (D-IL), is likely to reintroduce food safety legislation next week.  Senator Durbin has introduced similar bills in prior Congresses.  Likely, co-sponsors include Senator Edward M. Kennedy, chairman of the Senate Health, Education, Labor & Pensions (HELP) committee, and Republican Sens. Richard Burr … Continue Reading
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