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As industry continues to announce recalls of peanut butter products affected by the ongoing Salmonella Typhimurium outbreak, Congressman Waxman held hearings focused on shortcomings in the third-party food safety audits perfomed on behalf of the Peanut Corporation of America (“PCA”). The hearings were triggered after the American Institute of Baking (“AIB”), a private auditing company hired by PCA, was accused of failing to identify various sanitary problems during food safety audits of PCA's facility. Click on the link to view a copy of Congressman Waxman's Opening Remarks.
On March 5, 2009, Michael Moss and Andrew Martin of the New York Times were the first to critique the AIB audits in their article, “Food Safety Problems Slip Past Private Inspectors.” We similarly reported about various inconsistencies found in AIB's reports involving PCA’s plants. On March 27, 2008, for instance, an AIB Food Safety Audit gave PCA credit for developing and implementing a HACCP program “for all processes and product lines.” On April 29, 2008, however, a NSF Cook & Thurber Audit found “[no] documented . . . Hazard Analysis for each of the process steps.”
During the hearings, held by the House Energy and Commerce Subcommittee on Oversight and Investigations, it was also revealed that at least one food company, Nestle USA, used its own inspectors to audit PCA’s facilities. Following a 2002 Nestle Audit, the company concluded that PCA failed to meet its minimum requirements for suppliers. In turn, Nestle elected not to purchase peanut butter products from PCA. In a separate 2006 Nestle Audit of PCA’s Plainview, Texas facility, the company once again concluded that PCA failed to satisfy its food safety standards. While Nestle’s own audits identified numerous key food safety and sanitary issues in this facility, AIB in 2008 awarded PCA a certificate for "superior quality” following its own audit of the plant:
As we reported previously, PCA voluntarily closed its Plainview facility in February 2009 (only months after this certificate was issued), after governmental investigators discovered numerous sanitary issues existing in the plant. As a result of its own, continuing investigation, Texas health officials eventually ordered a recall of all products ever produced at the facility since it opened in March 2005. Click on the link to view photos of the insanitary conditions of PCA's facilities.
Many companies that purchased peanut butter from PCA, of course, relied upon the inspections and conclusions of auditors like AIB. Kellogg, one of the companies which relied upon such third-party reports, lost $70 million after having to recall millions of packages of peanut butter crackers manufactured using PCA raw materials. In turn, David Mackay, Kellogg’s chief executive officer, recently joined the growing ranks of responsible food companies seeking tighter food safety laws. Click on the link to view a copy of Mackay's Statement. Also providing statements were Martin Kanan (President and CEO of Kanan Enterprises, Inc. d/b/a King Nut), and Heather Isely (Vice President of Vitamin Cottage Natural Foods). On January 6, 2009, Salmonella was isolated from King Nut peanut butter manufactured using raw materials from PCA's Blakely, Georgia facility. As recalls of King Nut peanut butter were announced, the source of the pathogen was quickly traced to PCA. In turn, Vitamin Cottage peanut butter products, made from raw materials from PCA's Plainview, Texas facility, were also found to contain Salmonella.
During testimony today, the committee also released numerous emails exchange before and during the ongoing recalls. In one email, written before the source of the outbreak was identified, Pete Hatfield (an AIB Auditor) tells Sammy Lightsey (a PCA plant manager) that he’s “lucky” Hatfield is performing his annual food safety audit. Click on the link to view the Lightsey email.
In a second email, written as the source of the emerging outbreak was discovered, Stewart Parnell (the President of PCA) tells Joe Valenza (the Vice President of King Nut) that he “[was] sure it's something we did." Recognizing that recalls could not be avoided, Parnell concludes: "now my heart is really in my throat. I think I'm going to church tonight." Click on the link to view the Parnell email.
In the third email, written as hundreds of recalls had already been announced, NSF representatives discuss the concerns raised by the AIB audits, the lack of micro data made available by PCA to auditors, and the potential implications for third-party auditing firms. Click on the link to view the NSF / Slawinski email.
Debate has begun and will surely continue regarding the quality of third-party food safety audits. Although most audits are valuable, and play an important role in our food safety system, we trust that, moving forward, all auditors, and the companies that rely upon their conclusions, will not repeat the mistakes of a select few.
Following recent increases in public and media attention focused on food-borne illness, outbreaks and recalls, the House Energy and Commerce Committee has approved the Food Safety Enhancement Act of 2009. The proposed legislation is designed to enhance FDA food safety-related authority. 
