Tag: peanut

PCA Investigation: Anatomy of A Recall

FDA has a short video "anatomy of a recall" about the investigation of the Salmonella outbreak and recalls associated with Peanut Corporation of America (PCA). Anyone interested in learning how the federal government  (with the help of Minnesota’s "Team Diarrhea") goes about a food borne illness investigation and recall should take a look.    … Continue Reading

Sustainability and Consumer Confidence in Food Safety

For food sellers interested in promoting a “sustainable” brand and inspiring food safety confidence in their consumers, meet Food Alliance. Food Alliance “is a nonprofit organization that certifies farms, ranches and food handlers for sustainable agricultural and facility management practices.” It bills itself as “the most comprehensive certification program for sustainably produced food in North … Continue Reading

Tracking the Food Safety Working Group – More or Less Legal Exposure For Food Sellers?

This week the Obama administration announced the launch of a new website for the recently formed food safety working group. Obama announced the formation of this group in March in the wake of the high-profile food safety issues surrounding PCA peanut products.  This website will assist in tracking the efforts of the working group. As discussed … 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

Georgia House Unanimously Passes Food Safety Bill; Kellogg CEO Calls for Food Safety Reforms

Update to today’s earlier post: the Georgia House of Representatives unanimously passed a bill today that would strengthen food safety laws in Georgia. The Georgia House and Senate now will resolve minor differences in the proposed legislation and send a final version to Georgia Gov. Sonny Perdue for his signature. Also today, the AP reports that … Continue Reading

Georgia is One Step Closer to Tough New Food Safety Law

The Georgia House of Representatives today considers proposed legislation to strengthen food safety rules in that state.  Among other things, Senate Bill 80 includes a provision that would require food makers to alert state inspectors within 24 hours if a plant’s internal tests show products are tainted.  Experts say no other state has such a rule. … 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

The Peanut Recall Hits Bird Food

Reuters is reporting that Scotts Miracle-Gro shares dropped today on news that some of its bird food may contain peanut meal that was bought from now-bankrupt Peanut Corporation of America.  A blog called Birdchick reports that many other bird feed companies were able to confirm that they did not include PCA peanut meal in their … Continue Reading

PCA Files for Chapter 7 Bankruptcy

Peanut Corporation of America has filed for Chapter 7 liquidiation under the U.S. Bankruptcy Code in the Western District of Virginia. It claims its secured debt exceeds its assets, which means that persons harmed by salmonella in its peanut butter may only be able to collect to the extent of any insurance.… Continue Reading

A Nicely Balanced Article from the AP

An AP story by Holly Ramer does a good job of balancing the issues about the peanut butter recall and isn't afraid to identify parents who are still feeding peanut butter to their kids--including the President and First Lady.… Continue Reading

PCA President Parnell Pleads Fifth Amendment Before House Committee

Stewart Parnell, President and owner of Peanut Corporation of America, appeared before a subcommittee of the House Committee on Oversight and Government Reform today.  The hearing did without his testimony, howevver, as he pleaded the Fifth Amendment.  As we try to follow the breaking news (including, sadly, a ninth death linked to the salmonella in … Continue Reading

The Human Cost of the Peanut Recall Part Three

This article in today’s Seattle Post-Intelligencer is, of course, pretty much self-explanatory.  That I’ve left this side of the tragedy to Part Three is because it’s been so hard to face.  The article did a great job of handling it, and is a reason I’m going to miss the P-I if, as it is expected … Continue Reading

The Human Cost of the Peanut Butter Recall Part Two

As the troubles at Peanut Corporation of America intensify, unaffected makers of peanut butter such as ConAgra, makers of Peter Pan, and J.M. Smucker, makers of Jif, have seen sales declines, too. Consumer reluctance to buy any peanut butter products, while understandable on a surface level, will have consequences throughout the economy, and will hurt many small grocers as well as big agribusinesses.… Continue Reading

PCA Recall – Insurance Lessons for Food Sellers

Bill Marler posted on his blog recently a complaint for declaratory relief filed by an insurer for Peanut Corporation of America (“PCA”). Mr. Marler comments, “Frankly, I read this suit several times and still do not see what the fight is about.” For those who represent commercial insureds in pursuing coverage from their insurers, the suit … Continue Reading

Update on Criminal Risk Management: The Peanut Case

Peanut Corporation of America's way of dealing with positive salmonella tests for its peanut products is a case study in exactly what not to do to avoid criminal prosecution. The FDA's investigation indicates that PCA shipped product before test results came in and then continued to ship after receiving positive tests. This is precisely the kind of actions that are likely to compound, not lessen, the likelihood of criminal prosecution. Indeed, the FBI is now involved in the case, assisting the FDA's Office of Criminal Investigations.… Continue Reading

FDA’s Searchable Widget for Peanut Product Recall

UPDATE to the Salmonella-driven peanut product recall: as the number of peanut products recalled continues to rise, the U.S. Food and Drug Administration has created a Web widget that allows users to search for peanut-containing product recalls (see below).  The FDA updates the list as it receives new information from companies that have recalled products. As … Continue Reading

Avoiding Criminal Prosecution Under The FFDCA

By guest blogger Per Ramfjord The FDA’s recent announcement that it is pursuing a criminal investigation of Peanut Corporation of America, arising out of the Salmonella-driven peanut product recall, is sure to raise concerns with executives in food product companies throughout the country. White House Press Secretary Robert Gibbs’s comment that the Obama administration intends … Continue Reading

Upcoming Hot Topics in Food Law Teleconfernce

UPDATE – This panel will address emerging issues related to the recalls and investigations related to the Peanut Corporation of America. The panel includes persons intimately involved with these issues. Anybody with an interest in the peanut recall should register and tune-in. The American Bar Association is presenting its second Hot Topics in Food Law teleconference on … Continue Reading
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