Peanut Salmonella Outbreak Reveals Inspection and Regulatory Problems

Greg Webb
Attorney
(866) 735-1102 Ext 530
Posted by Greg WebbFebruary 15, 2009 6:20 PM

The salmonella outbreak which occurred at the Georgia peanut plant Peanut Corporation of America (PCA) has caused eight deaths and sickened almost 19,000 people in 43 states. While the company, based in Lynchburg, Va., is under criminal investigation, the outbreak identifies a broader problem with thestate and federal regulatory system currently in place.

The plant had a number of health and safety issues, which would have been enough to alert inspectors to problems. Those issues included raw peanuts being stored next to the finished peanut butter, the roaster not being calibrated to kill deadly germs, workers donning their uniforms at home, potentially bringing contaminants into the plant, and rodents in the plant. The roof of the Georgia plant also leaked, giving salmonella water in which to thrive.

In addition to the obvious physical conditions of the plant, PCA’s own tests had found salmonella 12 times since 2007. The FDA accused the company of repeatedly shipping peanut butter and other products right after discovering salmonella; the agency had previously stated that PCA held the shipments until a second test for salmonella came back negative.

State and federal inspectors do not require the peanut industry to report salmonella contaminations to the public or the government.

Georgia was responsible for inspecting the plant, however state inspectors said their duties were hampered by budget cuts and rising needs. The state ran tests for salmonella on three samples from the plant in 2007, and none in 2006 or 2008. The last state inspection in October 2008 found two problems: mildew and dust in a storage room and the reuse of shipping bags.

While state inspectors did not find many problems, federal investigators last month found many, including salmonella living on the plant floors. A federal report shows that plant managers had not decontaminated the peanut butter processing line after detecting salmonella.

Georgia regulators said they will try to change state laws to require more disclosure of food safety tests. But Dr. Steven M. Solomon, an official in the federal agency’s Office of Regulatory Affairs, said such disclosures may be a "double-edged sword" that might prevent companies from testing in the first place.

Some people are questioning why stricter regulations weren’t put in place after a salmonella outbreak in ConAgra Foods’ Peter Pan peanut butter in 2007. A whistleblower reported that the company had found salmonella in its peanut butter produced at its plant in Sylvester, Ga. back in 2004, but the FDA did not pursue records after the plant refused to release the tests. After hundreds of people were sickened three years later, the FDA finally demanded the records. ConAgra spent $33 million to clean and improve its Georgia plant conditions and implement 80 rules employees must follow before beginning work. It has not, however, stated that it would notify the FDA if it found salmonella again.

David Marshall’s mother was one of those sickened by Peter Pan peanut butter back in 2007, and his wife testified before Congress. After hearing a congresswoman recently state that laws need to be enacted to prevent another salmonella outbreak, he thought "You idiot. What have you all been doing? The law should have been enacted years ago, and this made us wonder, what does the FDA even do?"

1 Comment

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

D Bolton
Posted by D Bolton
February 18, 2009 12:22 PM

Seems to me that if current FDA inspections and enforcement are inadequate and the food industry can not be relied upon to self-police, as they have show, then each and every plant should have to bear the burden of paying for on-site full-time inspectors.

Comments for this article are closed.

Subscribe to InjuryBoard Charlottesville

InjuryBoard Charlottesville RSS Feeds

Keep up with the latest updates using your favorite RSS reader

Injury Board Charlottesville is brought to you by Michie Hamlett Lowry Rasmussen and Tweel

Legal Assistance Center

More Info
Michie Hamlett Lowry Rasmussen and Tweel (866) 735-1102 Ext 530 www.michiehamlett.com/
google
Personal Injury Lawyers Serving: Charlottesville, Roanoake, Danville, Bedford, Covington, Culpeper, Farmville, Harrisonburg, Interstate 81, Lexington, Louisa, Lynchburg, Smith Mountain Lake, Staunton, Waynesboro, Winchester
500 Court SquareSuite 300, Charlottesville, Virginia 22902 [ Show Map ]120 Day Avenue SW, Roanoke, Virginia 24016 [ Show Map ]
Better Business Bureau Accredited Business Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Looking for an InjuryBoard attorney closer to home? Click here.

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address