Food Poisoning Cases - Time for More Criminal Prosecutions?

Several food poisoning and related outbreaks have been popping up in the U.S. And while a lot of people are getting ill, public health investigators, lawyers and businesses have been discussing criminal sanctions for those in charge and connected with the outbreaks.

The latest coming from the Salmonella laced cucumbers that affected 838 people in several states. Of course, there's the controversial E.coli outbreak from Chipotle where 45 people were infected with the strain.

With so many people getting sick because of infected produces and meat, discussions raised concluded that it may be time for someone to take responsibility. Someone in position or authority may face criminal sanctions if found to have connection with these outbreaks. The question being posed is - Should they? The debate continues. Owners, handlers and suppliers are involved in this situation.

In 1938, Congress passed the Federal Food, Drug and Cosmetic Act (FDCA) because of growing public food safety concerns. The act was set to protect the health and safety of people by preventing deleterious, adulterated, and misbranded articles from entering insterstate commerce.

As stated in Section 402 (a)(4) in the FDCA - the food product is deemed adulterated if it was prepared, packed or held under insanitary conditions whereby it may become contaminated with filth, or whereby it may have been rendered injurious to health. The act also includes food articles that contains poisonous or deleterious substances - these can be considered adulterated. Violators are subject to both civil and criminal liability.

A person who has committed any violations under the FDCA will be guilty of felony. It's just a matter of investigating if the act is intentional or not. If it is not intentional, then it's a misdemeanor. Misdemeanor convictions are punishable by not more than a year or a fine not more than $250,000, or both, as posted in Food Safety.

So if investigations have found that food producers or suppliers of cucumbers, chicken salad or burritos are responsible for the outbreaks, are they going to face criminal prosecution?