Tag: salmonella fda FFDCA ‘federal food drug and cosmetic act’ ‘principles of federal prosecution of business organizations’ ‘prosecutorial standards’ OCI

The Egg Salmonella Sentencing: An Exercise in Imagination

Indulge me for just a moment in an exercise in whimsy. Except as will be expressly described below, any resemblance to real persons or substances, living or dead, is purely coincidental. Imagine if you will that in the processing of a particular foodstuff, unless care is taken during certain steps, the foodstuff will provide the … 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
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