Marler Clark Managing Parnter Bill Marler's presentation about reducing foodborne illnesses at the 2011 Dubai International Food Safety Conference.

7. Litigation as Incentive Jack in the Box Odwalla

16. What ConAgra Should Have Known

17. Establishment Inspection Report February 23, 2005 “ Inspection revealed the following concerns: 2 areas on production lines where filled containers of peanut butter were not completely covered from overhead contamination, an accumulation of spillage and or dust at wall/floor juncture around air handling cabinet in the ingredients room, and a temporary baffle made of cardboard in use on an empty jar line.”

18. “ . . . Inspection found the lot in question had been shipped and management cited corporate policy in refusing to allow review of production and shipping records. The current inspection was conducted in response to several complaints including most recently, number 29134, an anonymous complaint alleging poor sanitation, poor facilities maintenance, and poor quality program management. Specifics in that complaint include an alleged episode of positive findings of Salmonella in peanut butter in October of 2004 that was related to new equipment and that the firm didn ’t react to, insects in some equipment, water leaking onto product, & inability to track some product.” Establishment Inspection Report February 23, 2005

19. These complaints include: 29134 dated 1/13/05, an anonymous complaint reporting several issues at the firm that in summary allege poor sanitation practices, poor quality program management and poor facilities maintenance. Establishment Inspection Report February 23, 2005

21. What ConAgra Should Have Known The documentation that you have provided does not support your decision that vegetative pathogens including salmonella are not reasonably likely to occur when receiving ingredients in each of your processes. Therefore, you have failed to meet the requirements of 9 CFR 417.5(a)(1). There is no processing cooking step to eliminate vegetative pathogens that may be the line blended with the fully cooked meat and gravy. Lethality is addressed through the handling and cooking instructions on the finished product package. Your validation records did not explain why the labels would indicate four minutes on the front of some brands of product and six minutes on the front of the Great Value brand. Your validation documentation did not indicate if you had taken into consideration how the consumer is likely to interpret the cooking instructions or if the consumer will actually prepare the product according to the instructions under normal conditions of use, especially with the statements on the front of the packages which do not reflect the need to let the products stand after heating.

22. What ConAgra Should Have Known Your establishment has not provided documentation to support that some of the temperatures reported in your cooking instruction validation documentation for frozen dinners will provide an adequate lethality. Your establishment has failed to demonstrate that the biological hazard of vegetative pathogens including Salmonella are not reasonably likely to occur and will not affect the safety of the products for human consumption. This precludes FSIS from determining that the food safety hazards are being controlled and that the products are not adulterated.

26. Questions?