The Denver Post has published an October 30, 2011, investigative report that
examines the record of private auditors hired by manufacturers to ensure
food safety. According to the article, “Many of the most notorious food-illness
outbreaks in the recent years were preceded by glowing private safety audits
of the producers, prompting calls for oversight of auditors and forcing grocery
store chains to tighten screening of cantaloupes and other foods.”

Highlighting several high-profile food contamination cases that allegedly
slipped past third-party audits, the article claims that the latest incident
involving Listeria-tainted cantaloupe resulted in 28 fatalities even though
the supplier received a “superior” safety rating from its private inspector.
“I cannot think of one private audit that I’ve ever seen in 20 years that said,
‘These are bad things, fix them,’” confirmed plaintiffs’ attorney Bill Marler. “A
private auditor is not going to list a farm’s flaws, tell it to shut down, then say, ‘I
finished my audit—can I have my $2,000?’”

Other food safety experts also took issue with the current auditing system,
saying it represents a conflict of interest when inspectors hired by food
producers are expected to report and enforce corrective actions. Moreover,
the Food and Drug Administration has reportedly noted that it lacks the
authority under the 2011 Food Modernization Safety Act to oversee domestic
third-party auditors or implement a credentialing system for them. As a result,
grocery stores and other retailers are now considering whether to conduct
their own audits using more stringent benchmarks such as “test and hold” procedures.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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