1. Producing Food canbe a Risky BusinessWilliam D. Marler, Esq.

2. Why Food Production is Risky Competitive Markets both large and small Lack of Clear Rewards for Marketing and Practicing Food Safety Risk of Litigation 3. To Put Things in Perspective According to the CDC, pathogens cause an estimated 48 million cases of human illness annually in the U.S. 125,000 hospitalized Cause up to 3,000 deaths Most Illnesses are not linked together nor to a product 4. Why What WE Do Is Important 5. Strict Product Liability Strict Liability Are you a manufacturer? Was the product unsafe? Did product cause injury? Negligence Punitive Damages /Criminal Liability Are you a product seller? Did you act with conscious disregard Did you act reasonably? of a known safety risk? 6. Who is a Manufacturer?A manufacturer isdefined as a productseller who designs,produces, makes,fabricates, constructs,or remanufactures therelevant product orcomponent part of aproduct before its saleto a user or consumer. 7. Its called STRICT Liability for a Reason The only defense is prevention It does not matter if you took all reasonable precautions If you manufacture a product that makes someone sick you are going to pay Wishful thinking does not help 8. Litigation as IncentiveOdwalla Jack in theBox 9. Worthless Excuse No. 1I never readthe memo. 10. Bugs in Strange Places 72 E. coliO157:H7 Illnesses 10 withHemolytic UremicSyndrome Likely Source Tainted Flour Nestle now usesHeat TreatedFlour 11. Two Years Hospitalized 12. Bugs in Strange Places Listeria Tainted Cantaloupe 133 Sickened with 28 Deaths First Outbreak Linked with Cantaloupe and Listeria 13. Strange Bugs Non-O157 E. coli E. coli O104:H4 4,321 Ill, 852 withHemolytic UremicSyndrome 50 Dead Six U.S. Cases Egyptian FenugreekSeeds Likely Source 14. Planning AGAINST Litigation What Is Really Important Identify Hazards What is your Culture? Involve Vendors and Suppliers Involve Customers 15. Planning AGAINST Litigation Establish RelationshipsThey are your best friends! 16. Lessons Learned From An OutbreakYou can insure your reputation1. Arm yourself with good, current information2. Since you have a choice between doing nothing or being proactive, be proactive3. Make food safety part of everything you do4. Believing your food is safe is not enough 17. Even Comedians Love Safe Food 18. Questions?