PCA Representatives Decline To Give Testimony
Stewart Parnell, president of the Peanut Corporation of America (“PCA”), along with Sammy Lightsey, a PCA plant manager, were called today to testify before the House Energy and Commerce subcommittee. It has been alleged that PCA shipped certain peanut butter products from its Blakely, Georgia facility after receiving conflicting laboratory reports about the presence of salmonella. The testimony lasted only 10 minutes, however, as both individuals cited Fifth Amendment protections against self-incrimination and refused to answer questions. Prior to the appearance by PCA representatives, the subcommittee received statements from family members of individuals believed to be affected by the outbreak.
Also testifying today was the president of Deibel Laboratories, a company previously hired by PCA to conduct sampling on its products. Charles Deibel told the subcommittee that his company had consistently informed PCA of positive test results when salmonella was isolated from samples. According to Deibel, "[i]t is not unusual for . . . food testing laboratories to find samples that test positive for salmonella and other pathogens." In turn, when ready-to-eat samples are found to be positive for a harmful pathogen, companies should either dispose of such products or employ additional safeguards (such as a lethality step or adopting other interventions) to ensure product safety. Characterizing product testing of ready-to-eat foods as "the last chance to catch a problem," Deibel also expressed his view that FDA regulations needed to be updated to enhance the overall safety of our food supply. Notably, with the coming months, the FDA will likely introduce a new food registry that will require food companies to promptly report any positive testing results, along with the disposition of any potentially implicated products, directly to the FDA.
To date, the 2008-2009 salmonella outbreak has affected more than 1,800 consumer products. (use the FDA Recall Interface on the left-hand column of our blog to search for recalled products). The FBI, working closely with the FDA, is continuing its investigation into PCA and its operations to determine whether, and to what extent, there was wrongdoing.
