Guilty Verdict Sets Precedent For Food-Safety Negligence
By Laurel Maloy, contributing writer, Food Online
For the first time in American history, individuals, rather than entities of a company, responsible for perpetuating a foodborne-illness outbreak have been held accountable
In a decision that doesn’t bode well for food processors that put profits above food safety, three people have been convicted by a jury of their peers. This landmark case involved seven weeks of testimony and an ever-growing feeling of disgust as the facts played out for the public.
Stewart Parnell, age 60, the former owner of the now bankrupt Peanut Corporation of America (PCA), was found guilty of obstruction, fraud, and conspiracy for knowingly shipping adulterated products to his customers. Conspiracy charges were also levied on his brother, Michael, for intentionally faking Salmonella testing results. A third co-defendant, Mary Wilkerson, was convicted of obstruction, along with Stewart Parnell, for withholding information from investigators. The Parnell brothers face up to 30 years in prison, while the plant’s quality control manager, Wilkerson, could get 20. The original indictment was on 76 counts with allegations of mail and wire fraud, conspiracy to introduce adulterated food into interstate commerce, and conspiracy with the intent to defraud customers.
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U.S. Attorney, Michael Moore, with the prosecuting office in Georgia’s Middle District stated clearly, “Corporate officials are now on notice.” He went on to explain that the days of finger- pointing and excuses are a thing of the past. Even delegating the responsibility to someone else will not absolve an owner or executive from being accountable for intentionally unsafe manufacturing practices. Samuel Lightsey, the plant operations manager, pled guilty last May, the result of a plea bargain for his testimony against the other defendants. Under the terms of the plea agreement, Lightsey is expected to serve no more than six years.
Once PCA was identified as the source for the multi-state Salmonella outbreak, Federal investigators found a filthy plant with a leaking roof and undeniable evidence of a cockroach and rodent infestation. The plant was a virtual breeding ground for Salmonella. Further investigation discovered emails and evidence that Salmonella-tainted product was knowingly shipped to customers. One email, in particular, made a big impact in court. While waiting for Salmonella screening results to come back, and after being informed of a shipping delay due to that fact, Parnell wrote, “Just ship it. I cannot afford to (lose) another customer.”
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The outbreak, occurring in 2008 and 2009, is partially credited with elevating the focus on food safety and President Obama’s subsequent signature on the Food Safety Modernization Act (FSMA). 714 people in 46 states were sickened with Salmonella Typhimurium infections. Nine deaths were also suspected to be a result of the outbreak, though the Centers for Disease Control and Prevention (CDC) was unable to unequivocally prove that fact. The deceased did indeed have Salmonella infections — which can cause other adverse medical consequences — though the cause of death could not be attributed solely to the pathogen.
This court case is a wake-up call for those in the food-processing business. It states loudly and clearly that food safety must be the first priority. FSMA speaks to prevention and provides the latitude to shut down plants on the basis of negative findings. And now, the justice system has held individuals criminally liable in regard to food poisoning and the part they played. The sentencing phase will illustrate how serious these criminal acts are perceived to be by the justice system and the public.