jail time for peanut corporation of america executives and qa manager: lessons for food producers
TRANSCRIPT
Jail Time for Peanut Corporation of America Executives and QA Manager: Lessons for Food Producers Speakers: Shawn Stevens & Terra BrimberryJanuary 13th, 2016
Welcome!
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• Audio Options:– Choose “Mic & Speakers” to
use computer speakers– Choose “Telephone” to dial in
using info provided
• All lines are in listen-only mode
• Please post your questions at any time
• A link to the recording will be emailed shortly after the event
Today’s Speakers
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Shawn StevensGlobal Food Safety Lawyer
www.foodindustrycounsel.com
Terra BrimberryAlchemy Systems
www.alchemysystems.com
Agenda
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• FDA Criminal Liability
• Peanut Corporation of America Case Study
• Building a Food Safety Culture
• Q & A
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FDA Criminal LiabilityFOR
FOOD COMPANY EXECUTIVES AND MANAGEMENT
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FDA Criminal Liability
• What is your risk of criminal exposure?• Why is there risk of criminal exposure?• What did FDA do with PCA?• What is FDA doing to other companies?• What can you do to prevent it from happening to you?
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HighMediumLow
What is your risk of exposure?
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FDA Microbiological ProfilingPulseNet DatabaseFederal Grand Jury Subpoenas
What is your risk of exposure?
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Why is there risk of exposure?
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Why is there risk of exposure?
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Why is there risk of exposure?
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FSMA
Why is there risk of exposure?
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Why is there risk of exposure?
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What did FDA do to PCA?
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• Failing to report positive results• Retesting product that tested positive• Denying existence of any positive results• Creating false COAs• Shipping product contaminated with filth
2001Parnell takes over PCA
2003Economic Adulteration
2004-2008Microbiological Adulteration
The PCA Timeline
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PCA Adulteration Timeline
September 6, 2008First illness identified
November 2008-April 2009• 714 illnesses confirmed• 46 states• 9 people died• 2,833 products affected
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PCA Trial Timeline
February 11, 2011Sickened victims call for criminal charges
Grand jury subpoenas are issuedOctober 24, 2012
February 11, 2013An operations manager pleads guilty to criminal charges
February 21, 2013
DOJ files a 76 count indictment against former PCA officials
September 21, 2015PCA employees sentenced
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Mary Wilkerson Michael ParnellStewart Parnell
- 5 years in prison- 20 years in prison- 28 years in prison
Sentences
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THE PARK DOCTRINE
What is FDA Doing to Other Companies?
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What is FDA Doing to Other Companies?
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What can you do to Prevent it from Happening to you?
• Criminal Protection Audit (CPA)• Attorney / Client • Environmental Profiling• 3 Cs
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Building a Food Safety Culture
Building a Food Safety Culture
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Food safety culture starts at the top…
Maple Leaf Foods– Leaders of food safety have to
create a culture of safety
…but lives on the front line
Maple Leaf’s Challenge
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• Improve food safety so it never happens again
• Create a sustainable culture of food and worker safety
• Align 32 plant sub-cultures into one shared safety culture
Maple Leaf’s Approach
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• Remembrance at every company meeting
• Implemented consistent and engaging safety training across all plants
• Use real-time frontline coaching to observe and change behavior
• Share food safety best practices with everyone – not a competitive issue
Maple Leaf’s Outcomes
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• Common safety culture across all 32 plants
• Management tools for continuous improvement
• 61% reduction in safety incidents
“Employees understand the critical issues of food and workplace safety.”
- Lone Jespersen, Director of Food Safety, Maple Leaf Foods
PCQI Certification Onsite Training
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Background• New FSMA regulations require that key personnel in charge of managing the Food
Safety Plan at a company must be a “Preventive Control Qualified Individual.” • The Food Safety Preventive Controls Alliance (FSPCA) has partnered with the FDA
to develop course curriculum to meet the “Preventive Control Qualified Individual” requirements.
• Companies have a specific amount of time to comply depending on their size.• Alchemy will offer an FSPCA-approved classroom training to be PCQI certified.
Who Should Attend
• QA Directors and Managers• QA Supervisors • Operations Managers• SQF/BRC Practitioners and Auditors
Register at: www.alchemysystems.com/PreventiveControl
Locations
• Atlanta, GA – February 9-11• Austin, TX – February 23-25• Glendale, CA – March 16-18
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Q & A
THANK YOUTelephone: 888.988.8832
http://blog.alchemysystems.com/