Articles

Can a Warranty Against Adulteration be Enforced?

By Paul Rovella

I am not making some earth-shattering revelation when I say that the 2006 spinach outbreak and subsequent investigations and litigation (“2006 Events”) have forever changed the way the agricultural industry does business. The changes in business practices that have resulted from the 2006 Events are apparent on the face of every new contract for the growing, harvesting, packaging, marketing, and/or...

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Categories: Litigation

"Voluntary” Recalls and Third Party Insurance Claims

By Paul Rovella

Shortly after the recent E. coli out-break attributed to bagged spinach, the federal Food and Drug Agency released a statement that the tainted spinach was grown in either Santa Clara, San Benito or Monterey Counties. Experts and government inspectors descended on the Salinas Valley in order to track down the source of the outbreak. Fueled in part by this...

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Categories: Recall

Reduce Your Risk of Getting Caught in the Web of Strict Liability

By Soren Diaz

With the recent major peanut salmonella outbreak, unfortunately, we are again reminded of the dangers of foodborne illness. Food is an excellent vehicle for a myriad of pathogenic microorganisms. It’s not only nutritious for people, but also for microorganisms, which are everywhere. While some pathogens may be present in low levels in the environment, they nevertheless can easily transfer to...

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Categories: Preparation

In Defense of Farms

By Dr. James Rushing

About fifteen years ago, while flying home from Mexico with a group of Carolina vegetable farmers that had been touring the industry south of the border, I overheard a conversation that I have never forgotten. One of the farmers in the row behind me found himself seated next to a young lady schoolteacher. When she learned that he was a...

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Categories: Editorial

A Statutory Look at Recalls

By Tim Ibbeson

The E. coli contamination of spinach this past September brought food-safety recalls back into our living rooms and kitchens. As Paul mentioned in his article, many farmers were forced by the FDA to “voluntarily” recall their product. What does it mean to “voluntarily” recall your product? Is there such a thing as an “involuntary” recall?

Statutes...

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Categories: Recall

CAFOs, Buffers and Row Crop Land

By Tim Ibbeson

Since the E. coli outbreak last fall, many clients have been asking about buffer zones between concentrated cattle operations and row crop land. The guidance provided in the GAP metrics that stemmed from the Marketing Agreement say, “due to a lack of science at this time, an interim guidance distance of 400 feet from the edge of crops...

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Categories: Preparation