Tag: salmonella
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EU Court of Justice Allows Retailer Liability for Poultry with Salmonella
The European Union’s (EU’s) Court of Justice has determined that the law requires fresh poultry meat to satisfy the microbiological criteria for foodstuffs and that national law may impose a penalty on “a food business operator which is active only at the distribution stage” for placing a contaminated food product on the market. Reindl v.…
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USDA Should Strengthen Approach to Pathogens in Poultry Products, GAO Says
The Government Accountability Office (GAO) has released a report assessing the U.S. Department of Agriculture’s (USDA’s) current approach to Salmonella and Campylobacter in chicken and turkey products and recommending that the agriculture secretary direct the Food Safety and Inspection Service (FSIS) to take steps to improve the approach. The report reviews past USDA action on…
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Shook Lawyers Address Tomato Growers’ Taking Claim Ruling in Law360
Agribusiness & Food Safety Associates Ann Havelka and Jara Settles have co-authored an article titled “FDA Warning Isn’t Enough Proof for Takings Claim” published on October 17, 2014, by Law360. The authors discuss a recent Court of Federal Claims ruling that rebuffed a takings claim filed by tomato growers who alleged that a 2008 Food and…
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PCA Executives Seek New Trial
Stewart Parnell, former CEO of Peanut Corp. of America (PCA), and his brother Michael Parnell, former vice president of sales, have filed a joint motion for a new trial following their recent convictions on charges stemming from a Salmonella outbreak traced to their peanut processing facilities. United States v. Parnell, 13-12 (M.D. Ga., motion filed October 7).…
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FDA Warnings on Salmonella in Tomatoes Not a Taking, Court Says
The U.S. Court of Federal Claims has ruled that the U.S. Food and Drug Administration (FDA) is not required to compensate tomato growers for a regulatory taking after incorrectly warning the public in 2008 that a Salmonella outbreak was linked to tomatoes. Dimare Fresh Inc. v. U.S., No. 13-519 (Fed. Cl., order entered September 18,…
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Citizen Petition Calls on USDA to Declare Salmonella Strains Adulterants
The Center for Science in the Public Interest (CSPI) has filed a citizen petition with the U.S. Department of Agriculture (USDA) seeking a declaration that four antibiotic-resistant (ABR) strains of Salmonella are adulterants under federal law. This is CSPI’s second petition on the matter and attempts to respond to data gaps identified by USDA’s Food…
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Jurors Convict Peanut Corp. of America Defendants in Salmonella Outbreak
Following a seven-week trial in Albany, Georgia, a jury has reportedly convicted former Peanut Corp. of America owner Stewart Parnell, his brother Michael Parnell and quality assurance manager Mary Wilkerson on charges stemming from a 2008-2009 Salmonella outbreak that sickened hundreds of people nationwide and was linked to nine deaths. United States v. Parnell, No.…
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Peanut Corp. of America Salmonella Outbreak Trial Nears End
Defense counsel and a U.S. attorney made their closing arguments September 11-12, 2014, in the criminal trial of three former Peanut Corp. of America officials and employees who were charged with mail and wire fraud, obstruction, conspiracy, and other counts relating to a nationwide 2008-2009 Salmonella outbreak linked to the company’s Blakely, Georgia, facility. United States…