The maker of peanut butter linked to a nationwide outbreak of salmonella shipped tainted product it knew had tested positive for the bacteria, the Food and Drug Administration said Wednesday.
According to the inspection report, posted on the FDA's Web site, the "firm's own internal microbiological testing" found salmonella in peanut paste, peanut butter, peanut meal, peanut granules and oil-roasted, salted peanuts. Watch what violations occurred at the plant »
However, it added, "After the firm retested the product and received a negative status, the product was shipped."
That's not the way it ought to have been handled, according to one expert. "They were lab shopping," said Tommy Irvin, Georgia's agriculture commissioner. "They were trying to find a way to clear their product, so they can ship their product out," he told CNN.
He said proper practices demand that if any food product tests positive for salmonella and another test comes back negative, "you believe the one that is positive."
In a written statement, the company denied accusations it had been "lab shopping" to get a negative test result in order to ship the product.
"PCA uses only two highly reputable labs for product testing and they are widely used by the industry and employ good laboratory practices," the company said. "PCA categorically denies any allegations that the company sought favorable results from any lab in order to ship its products."
But according to Irvin, once salmonella is found in a product, "that lot should be destroyed, but [in this case it] wasn't."
the book should be thrown at them!!!
They should throw the library !!
Sure, when capitalism becomes synonymous with God, that's what happens...
How incredibly irresponsible!
They need to be made to eat their own peanut butter!
Until there is criminal accountability for the fraud generated by CEO's and the other officers and Board Members of Corporations we will not stop the irresponsible behavior of their organizations that result in injuries and deaths.
I don't understand why we can't control frivolous lawsuits without inhibiting justified lawsuits, of which this is one.
I agree in that I don't understand either. Perhaps there could be criteria that meet definition of frivolous.
Until there is criminal accountability for the fraud generated by CEO
I'm not a lawyer, but the FFDCA imposes strict liability standards. I can't say for sure if there is a technical violation of the Act, although I feel there probably is. If so, the CEO is guilty. Just like with statutory rape, intent and circumstances don't matter.
There have even been cases where the company was found innocent and the CEO guilty, and those verdicts have survived multiple Supreme Court challenges. If they put a misbranded or adulterated food into interstate commerce, this is a criminal not civil matter. Those take a long a time, as Justice will make sure every i is dotted and t is crossed before they go before the court.
waukone is exactly right. The current penalties for these so-called white collar crimes are so meaningless that there's no real incentive to follow the law. Lie, cheat, embezzle, defraud, whatever. What's the worst that'll happen? You lose your job (but still get a golden parachute) and have to pay a small fine? Whatever. The odds say that the actual punishment will be a lot closer to nothing.
That's precisely it, checker. There are little or no consequences to fraudulent and criminal activity that destroys people's lives and health. Look at Wall St, today, being chastised by Obama for their profligacy once again. They think it's just business as usual. I don't know whether harsher penalities would clear up the problem, even the death penalty in China doesn't stop ruthless people from poisoning babies. There's mercury in corn syrup, GMO foods everywhere unlabelled. Corporatism has seized political control, and it's time to take that power back.
I would take the Chinese lead on this one, what would they do? They would investigate and find out who know, and who approved this poison to be distributed to the public, then put these culprits on trial, and then execute them. This deterrent will perhaps prevent this greed from getting out of control.
It sure would!
Anything like this should carry a death penalty if they killed someone!
I'd be fired and sued if I spit in a sandwich at McDs, but it's OK for someone to die or spend months in the Hospital?!
But they would also ship none the less and that's exactly what these fools did.
We don't need business regulated let the buyer beware.
We don't need business regulated let the buyer beware.
Beware that a company is so selfish and greedy that it would knowingly ship a product of which they knew was dangerous to those who ingested it? Were you being sarcastic or sadistic?
Beware that a company is so selfish and greedy that it would knowingly ship a product of which they knew was dangerous
Pinto.
The Ford Company did a cost analyse and figure that it was cheaper to go to court or pay off the familes then fix the problem so what if a few people died in a fire because of a faulty disign that was easily fixed with a part that cost less then $25.00
Peanut Butter.
The company knew that it was cheaper to pay the fines then fix the problem.
Were you being sarcastic or sadistic?
Sarcastic. *rolleyes* I thought it was plain to see.
or sadistic?
I was having a GOP moment of less government is the answer to all the problems in the country.
Pardon me, I stand corrected...
The company knew that it was cheaper to pay the fines then fix the problem.
This is a sad day in American history, this country is falling apart because of the greed of our society. What kind of business institution would make a decayed moral decision like this?
I know, this isn't the only one, there are more.
There sure are more, like the mercury in corn syrup, and even melamine in baby formula made in the US.
There sure are more, like the mercury in corn syrup
I posted a contrary view on this to my column. You may want to take a look at it before jumping off the deep end on that one: it appears the media might have overblown that whole finding to drive up ratings. Perhaps not, but it might be worth looking at the other side's view calmly as well.
Rush Limbaugh is far from being the only sensationalist out there, after all.
OK, AA, I shall.
This is a classic example of corporate malfeasance. People who work in corporate frameworks often do bad things that are way beyond what they would do if they were personally accountable. Not one of the people who authorized the shipment of the tainted product would do so if their own name had to go on the container or if they knew they would have to face personal financial and criminal responsibility for the results. The remedy for this type of conduct is to make the corporation and the people who run it financially responsible for actual and punitive damages and to make the individuals who did this criminally liable. Would any of them have ginen this product to their own families? Of course not.
By the way, if this was China, they might be facing death sentences.
We certainly cannot blame this one on lax Mexican or Chinese regulation. The audacity of this company is staggering. Their own tests indicated salmonella contamination 12 times! And one of their responses was to shop for testing that would yield favorable results.
WHY would this company do this (besides the obvious monetary reason)?
They would have to consider that this would come back to bite them in the A$$, No?!
Why would ALL the employees allow that to happen as well, for fear of losing their jobs?
Disgusting! If people have died, then this should become a criminal case and involve everyone that ALLOWED this to happen KNOWINGLY!
What people do not realize is that you cannot trust most labs and that will not change until the proper authorities have the courage to investigate laboratories and the pressures exerted by clients on labs. You don't cheat, you don't get work. You complain, you get ostracised. Labs are fighting against very powerful and politically connected clients. The cheating will not stop until many employees blow the whistle. Almost everybody in companies involved know of the cheating but are afraid to talk, lose their jobs. Perhaps an investigative journalist could start the ball rolling. You just have to scratch the surface and you will be amazed at what you will discover.
My question, which I have not seen brought up anywhere yet: Why is this one peanut processing facility in such a position of power and market dominance? Surely there are other processing plants, but the foods on the recall list run the spectrum from high-end Trader Joe's stuff to convenience store junk food. Are there monopoly issues at work here that could offer another avenue for prosecution? Hopefully one outcome of all this will be that one plant or factory will no longer be allowed to be so dominant....can you imagine the possible consequences if one dairy produced most of the nation's milk, or one slaughterhouse produced most of the nation's beef? If saving a few dimes in the short term is all that consumers and corporations care about, we'll continue to see this in the future and on a larger scale.
It's truly pathetic when we find diseases that are usually found in meat in non-meat products - spinach and other vegetables, peanut butter, etc. You aren't even safe from such diseases as a vegetarian!
Rome had lead poisoning...we'll be brought down by food borne diseases.
Organic tomatoes had a major salmonela outbreak a while back: it turns out that frogs from the farm pond would come out at night and catch pests in the tomato crop. Salmonela is endemic amongst frogs.
You aren't safe from diseases. You can't be, even if no modern farming techniques are used at all.
You aren't safe from diseases. You can't be, even if no modern farming techniques are used at all.
Risk can approach zero, but risk can never be zero.
You can wash the frog poop off the tomato before you eat it; you can't wash salmonella out from the inside of a peanut butter cracker or cookie.
Ah, but can you wash it out of the organic tomato juice, or salsa fresca? How about what happens once the bug gets from the tomatoes to other vegetables at the warehouse?
Diet won't help you, and as I have pointed out before the FDA simply isn't given the funds to inspect every single facility. And it doesn't matter which party is in charge: the costs of doing so would be astronomical.
What's the saying? Good old fashioned Made in America "Greed is good".
The food in the USA today is not tested like it was in the ealier years .. They cut out the middle man to save a few dollars , So there is where alot of the illnesses start... or they ship it to Mexico or China ... Peanuts , Then Tomatoes, then Peppers.. Whats next ?
How do you explain to your kids you can't have things with peanut butter when its their favorite thing to eat?
Alot of people that are on the proverty line eat alot of Peanut butter .. They said the jar kind is fine but the product with Peanut butter in crackers or dog buscuit are not!I don't get it .. The Peanut butter is made at the same place isn't it?
The sentence for the people responsible for the outbreak should be simple...make them eat their own contaminated products. If they get sick and die, too bad, it's what they were more than willing to do to the millions of people who buy the products that they knew were contaminated. People tended to behave better when the justice was eye for an eye. Our justice system is too humane and never truly punishes the people and the companies that allow such atrocities to occur.
amen to that
They bribed inspectors and lied about the problem.
IF they kill all their customers....who will buy their poison then?
If any agency should be getting a hefty allotment from the economic stimulus bill, it sounds like it should be the FDA. At least double the number of inspectors and the number of inspections.
Which would still come no where close to inspecting a majority of the registered establishments, it may be noted.
Which would still come no where close to inspecting a majority of the registered establishments, it may be noted.
Which just shows the sad state we're in regarding food safety. We can drum up more support for a war in some foreign land than we can for safeguarding the safety of the stuff we put into our own bodies every day.
I think the problem with inspection is that it just doesn't scale: there are too many food producers and too many third parties who handle the food before it gets on my plate. I personally think the fix is not going to come from universal inspection: it's going to be from universal accountability through a HAACP type program.
Inspection could be improved, however, if FDA were allowed to adopt USDA's approach: inspectors are required on the premises of every meat producer, and those inspectors are paid for directly by the producer, not through the appropriations process. It would definitely increase the cost of food, though.
Here's a new development.
Kentucky stopped distributing FEMA emergency meal kits for victims of last week's ice storm Thursday after authorities warned that the kits may include packets of peanut butter recalled over potential salmonella.
The kits were shipped to Arkansas and Kentucky to help feed some of the 1.3 million people left without power for days at the height of last week's ice storm. No illnesses have been reported, but several people consumed the suspect plastic packets of peanut butter.
Yeah, that's really the icing on the cake for those people:-(
And this is exactly where a HAACP system would have helped: the lot tags of that peanut butter would have been associated with those meals and they never would have left the warehouse.
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