Tag Archives: penalty

Department of Justice seal

Blue Bell Hit with Record $17.25 Million in Criminal Penalties for 2015 Listeria Outbreak

By Maria Fontanazza
No Comments
Department of Justice seal

Remember the 2015 Listeria outbreak linked to Blue Bell Creameries? The outbreak led to three deaths and 10 illnesses between January 2010 and January 2015. On Thursday the Department of Justice ordered the company to pay $17.25 million in criminal penalties for shipping contaminated products linked to that outbreak. The sentence, enforced by U.S. District Judge Robert Pitman (Austin, Texas), is the largest fine and forfeiture ever imposed in a conviction involving a food safety case.

“American consumers must be able to trust that the foods they purchase are safe to eat,” stated – Acting Assistant Attorney General Jeffrey Bossert Clark, Justice Department’s Civil Division in an agency news release. “The sentence imposed today sends a clear message to food manufacturers that the Department of Justice will take appropriate actions when contaminated food products endanger consumers.”

In May 2020 Blue Bell pleaded guilty to two misdemeanor counts of distributing adulterated ice cream. The following is an excerpt from the Department of Justice news release:

“The plea agreement and criminal information filed against Blue Bell allege that the company distributed ice cream products that were manufactured under insanitary conditions and contaminated with Listeria monocytogenes, in violation of the Food, Drug and Cosmetic Act. According to the plea agreement, Texas state officials notified Blue Bell in February 2015 that samples of two ice cream products from the company’s Brenham, Texas factory tested positive for Listeria monocytogenes, a dangerous pathogen that can lead to serious illness or death in vulnerable populations such as pregnant women, newborns, the elderly, and those with compromised immune systems. Blue Bell directed its delivery route drivers to remove remaining stock of the two products from store shelves, but the company did not recall the products or issue any formal communication to inform customers about the potential Listeria contamination. Two weeks after receiving notification of the first positive Listeria tests, Texas state officials informed Blue Bell that additional state-led testing confirmed Listeria in a third product. Blue Bell again chose not to issue any formal notification to customers regarding the positive tests. Blue Bell’s customers included military installations.”

OSHA

OSHA Fines Smithfield Foods, JBS for Failing to Protect Workers from COVID-19

By Food Safety Tech Staff
No Comments
OSHA

Last week OSHA cited Smithfield Packaged Meats in Sioux Falls, South Dakota for failing to protect its workers from COVID-19 exposure. The federal agency issued a fine of $13,494 and cited a violation of failing to provide a violation-free environment following an inspection. More than 1200 workers for Smithfield Foods have contracted COVID-19 and four have died since April. The company, which produces 5% of the nation’s pork, has been under investigation since the early spring for its workplace conditions and the large coronavirus outbreak among employees. It has continued to defend itself against “misinformation”, with President and CEO Kenneth Sullivan going as far as submitting a letter to Senators Elizabeth Warren and Cory Booker at the end of June. Smithfield has 15 business days to pay the fine or contest the citation—and the company will reportedly contest the fine, as a company spokesperson called it “wholly without merit”.

During the September 17 Episode of the 2020 Food Safety Consortium Virtual Conference Series, experts will discuss COVID-19, worker safety and managing quality in the new normal | Register NowOSHA also slapped meat packer JBS with a proposed fine of $15,615, also for a “violation of the general duty clause for failing to provide a workplace free from recognized hazards that can cause death or serious harm”. Nearly 300 workers have reportedly contracted COVID-19, and seven employees died. JBS also has 15 days to comply with or contest the fine, which a company spokesperson said is “entirely without merit” and that OSHA was trying to enforce a standard not even in existence in March.

“Contrary to the allegations in the citation, the Greeley facility is in full compliance with all recommended guidance and hazard abatements. The facility has been audited and reviewed by multiple health professionals and government experts, including the CDC, local and state health departments, third-party epidemiologists, and the Department of Labor, National Institute for Occupational Safety and Health, who twice visited the plant during the citation period, and issued favorable reports on April 20 and May 8,” according to a statement by a JBS spokesperson. “The Greeley facility has only had 14 confirmed positives in the past three and half months, representing 0.4% of our Greeley workforce, despite an ongoing community outbreak. The facility has not had a positive case in nearly seven weeks, despite more than 1,730 positives in the county and more than 33,300 positive cases in the state during the same time period.”

Meanwhile Kim Cordova, president of the union that represents JBS workers, stated that the company penalty is simply a drop in the bucket and not severe enough. “A $15,000 ‘penalty’ from OSHA is nothing to a large company like JBS. In fact, it only incentivizes the company to continue endangering its employees. The government has officially failed our members, the more than 3,000 workers at JBS Greeley, who have protected the food supply chain while our communities quarantined during the pandemic. It is immoral and unethical, but in the current Administration, unfortunately not illegal, that OSHA waited seven months to investigate the unsafe working conditions that led to this deadly outbreak. Because of this failure, JBS Greeley is the site of the most meat processing plant worker deaths in the nation due to Covid-19.”