By: Stephanie Barnes, Regulatory Counsel, Food Marketing Institute
Former Peanut Corporation of America (PCA) owner and president Stewart Parnell was sentenced to 28 years in prison this week after being convicted of crimes related to a Salmonella outbreak in 2008 and 2009, which led to the deaths of nine people and the hospitalization of hundreds more. According to the Department of Justice, the punishment is the largest criminal sentence ever imposed in a food safety case. Two other individuals, including a food broker who worked on behalf of PCA and a QA manager received prison time as well. Although the PCA case was egregious and involved knowledge and wrongdoing on behalf of the company, it is a reminder that serious sentences can be imposed for introducing adulterated or misbranded food under the Food, Drug and Cosmetic Act. The Salmonella outbreak was a significant catalyst driving Congress to reform the nation’s food safety system and passing the Food Safety Modernization Act (FSMA) during the 111th Congress. This week’s sentencing also highlights the critical role that food company executives and management play in protecting our food supply.
The sentencing and the associated PCA Salmonella outbreak are especially timely as the Food and Drug Administration (FDA) begins its final stage of implementing FSMA. Last week, the agency published final rules on preventive controls for human and animal food. The preventive controls rules are the first set of FSMA final rules being released from FDA, with additional rules to be issued in October and during the first half of 2016.
The preventive controls for human food rule requires facilities that manufacture, process, pack or hold human food to register with FDA and prepare and implement a written food safety plan. The rule covers distribution centers, manufacturing facilities, central kitchens, but does not include retail stores. Most food facilities covered under FSMA’s preventive controls will have one to two years to comply with the rules depending on the size of their business.
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FMI is in the process of updating our draft food safety plan to reflect the changes in the final rule. We will be getting feedback from our policy committees and sharing the plan with FDA in order to provide a final template for members to use as a template as they begin to implement the new preventive controls requirements. FDA officials presented to FMI’s Food Protection Committee last week on the human food preventive controls, and FMI hosted a webinar this week to help our members understand the many new responsibilities associated with FSMA for food manufacturers and retailers. We will continue educating all stakeholders throughout the supply chain on how to comply with various rules published pursuant to FSMA.
For more information and resources, visit FMI’s FSMA Resource page.