Shook Agribusiness and Food Safety Practice Co-Chair Madeleine McDonough will serve on a panel during the American Conference Institute’s “3rd National Forum on FoodBorne Illness Litigation, Advanced Strategies for Assessing, Managing & Defending Food Contamination Claims,” to be held October 26-27, 2009, in Chicago. McDonough joins a faculty that includes federal regulators and in-house counsel for industry trade associations and food companies. She will discuss issues relating to “Global Food Safety: Factoring in New Threats Associated with Foreign Food Product Imports.” Among the specific topics she will address are risks and threats to the food supply and managing those risks.
Tag Archives food safety
The Food Safety Working Group (FSWG) created by President Barack Obama (D) has unveiled a “new, public health-based approach to food safety based on three core principles: prioritizing prevention; strengthening surveillance and enforcement; and improving response and recovery,” according to a July 7, 2009, White House press release. Chaired by Health and Human Services (HHS) Secretary Kathleen Sebelius and U.S. Department of Agriculture (USDA) Secretary Tom Vilsack, FSWG has set in motion several new strategies to advance these principles, including plans to (i) tighten standards governing the safety of eggs, poultry and turkey; (ii) increase inspections at beef facilities; (iii) issue new industry guidance for leafy greens, melons and tomatoes; (iv) build a trackback and response system incorporating “clearer industry guidance, a new unified command system and improved use of technology to deliver individual food safety alerts to consumers”; and (v) strengthen the organization of federal food safety functions. FSWG…
A new documentary titled Food, Inc. apparently paints a vivid picture of the foods Americans eat–from bigger-breasted chickens fattened artificially to new strains of deadly E. coli bacteria, to a food supply controlled by a handful of corporations. The filmmakers claim these purported dangers create harmful effects on public health, the environment, and worker and animal rights. Robert Kenner, the movie’s director, reportedly called it a “horror film,” and told ABC’s “Good Morning America” on June 9, 2009, “If you visit feed lots, as I have, you lose your appetite for certain kinds of food. Some people are in denial. But, increasingly, people are curious to know the story about their food.” Food industry trade associations, however, have countered the movie’s claims by creating a number of websites, including one led by the American Meat Institute called SafeFoodInc.com., and a campaign that promotes the U.S. food industry as safe, abundant…
The Environmental Protection Agency (EPA) has issued a final rule that amends the exemption from the requirement of a tolerance for residues of silver, excluding silver salts, in or on all foods when used in public eating places or applied on dairy- or food-processing equipment that comes into contact with surface-sanitizing solutions. The regulation requires the silver concentration in the solutions not to exceed 50 parts per million. Objections and requests for hearings about the regulation, which took effect June 10, 2009, must be received by August 10. See Federal Register, June 10, 2009.
U.S. Food and Drug Administration (FDA) Commissioner Margaret Hamburg has expressed support for the Food Safety Enhancement Act of 2009, which seeks to increase the agency’s authority over U.S. and foreign food producers, including the power to issue mandatory recalls of tainted foods. “FDA needs new legal authorities to succeed in these roles and protect the public health,” she was quoted as saying before the U.S. House Committee on Commerce and Energy on June 3, 2009. “This legislation would provide those tools.” A group of congressional Democrats in late May released a discussion draft of the Act, which would take effect in 18 months if passed. The legislation includes provisions that would (i) create an up-to-date registry of all food facilities serving American consumers, (ii) require such facilities to pay a $1,000 fee to generate resources to support FDA oversight of food safety, (iii) strengthen criminal penalties and establish civil…
The Food Safety Research Consortium (FSRC) has released a report titled Strong Partnerships for Safer Food: An Agenda for Strengthening State and Local Roles in the Nation’s Food Safety System, which recommends the creation of an “integrated food safety system that operates as a full partnership among federal, state and local agencies.” A collaboration among diverse research institutions, FSRC aims to develop “analytical and decision tools for devising research, regulatory, and educational interventions and making resource allocation decisions” related to food safety reform. This latest project involved the George Washington University School of Public Health and Health Services in partnership with the Association of Food and Drug Officials, Association of State and Territorial Health Officials, and National Association of County and City Health Officials. In addition to detailing the strengths and weakness of the current system, the report makes 19 recommendations designed to support the state and local agencies that…
The U.S. Department of Agriculture (USDA) has launched a website designed to inform and welcome input about President Barack Obama’s Food Safety Working Group. The group, chaired by the secretaries of USDA and the Department of Health and Human Services, is charged with upgrading food safety laws for the 21st century, fostering coordination throughout government, and designing and enforcing laws to keep the American people safe.
This student-authored article, prepared with the assistance of an attorney from the office of food litigator William Marler, discusses the inconsistent interpretations Washington courts have given to the definition of “manufacturer” in the state’s product liability statute. The issue is critical in foodborne illness cases because those food sellers not deemed to be manufacturers can be held liable for negligence only, which requires conduct-related proof of culpability, and not under the strict liability regime, which does not. According to the author, “without consistent statutory interpretations, both food producers and consumers face unpredictable trial outcomes and costly litigation.” The author recommends the application of “a test that assesses manufacturer liability not only by the apparent physical changes an entity makes to a product, but also by the increased monetary value the entity adds to the product.” This “value-added” test could, according to the author, include simply washing and bagging produce or…
The Food and Drug Administration (FDA) apparently failed to meet its 2007-08 goals for auditing food-safety inspections that states did on its behalf, according to a news source. State agencies apparently do half of FDA’s food inspections, and FDA aims to audit 7 percent to make sure states reach a satisfactory standard. But FDA fell short of its goal in 17 of 39 states, according to FDA data. In five states, including Kansas, FDA did no audits. But data show that FDA’s performance has apparently improved. For example, data for the 2006-07 contract year show its audit goal was unmet in 21 of 37 states, with no audits performed in eight states. In 1998, the FDA reportedly did no audits in 21 of 38 states. “We don’t meet our target ever year, but . . . we’re looking at continuous improvement,” Richard Barnes, FDA director of federal-state relations, was quoted…
The consumer advocacy group Food & Water Watch (FWWatch) recently launched a campaign to block chicken imports from China, where several U.S. companies are reportedly building plants. Alleging that these corporations are “putting pressure” on lawmakers, FWWatch has asked Congress to uphold its 2008 ban on imported processed poultry in light of “specific problems” with China’s food safety standards and inspection system. In particular, the group pointed to the rejection of other Chinese imports due to “contamination with melamine or banned chemicals like chloramphenicol; pesticide residues and unsafe additives; and conditions inspectors described as ‘poisonous’ and ‘filthy.’” “Even worse,” according to FWWatch, “China has experienced several outbreaks of the very contagious bird flu that has not only infected poultry but also been fatally transmitted to humans.” See Food & Water Watch Action Alert, April 14, 2009.
