Auditor liability changing as courts, companies speak up - The Packer

Auditor liability changing as courts, companies speak up

04/17/2014 05:04:00 PM
Coral Beach

Coral BeachConsultant Patricia Wester says the performance of third-party auditor Primus Corp. in relation to the deadly 2011 cantaloupe-related listeria outbreak will prove to be a landmark case in terms of auditors' responsibilities.BALTIMORE — The responsibilities of food safety auditors, brought into the spotlight by the deadly cantaloupe-related listeria outbreak of 2011, are increasing as their customers and the courts review who is liable in foodborne illness outbreaks.

About 250 attendees at the annual Food Safety Summit April 8-10 participated in a “hot topics” discussion session where third-party audits were center stage. Consultants, lawyers, academics and members of the fresh produce industry at the session all said auditors should be held accountable if they approve operations that are later implicated in outbreaks.

“Primus is a landmark case,” said Patricia Wester, former auditor and president of PA Wester Consulting, referring to more than 60 civil cases that have been filed against Primus Group Inc. in relation to the 2011 listeria outbreak that killed 33.

Wester said auditors should not only be held liable for approving inadequate systems, but there should be sector-specific training for them and some kind of calibration of audits to ensure they do what they are intended to do.

A member of the audience agreed with Wester’s comments and described an inconsistency at her business. The attendee said a hole in the ceiling that had been overlooked by food safety auditors for five years was suddenly an issue when a different auditor visited.

Bill Marler, Will Daniels and Joan Menke-SchaenzerCoral BeachBefore a session on hot topics at the Food Safety Summit, food safety attorney Bill Marler (left) talks with Earthbound Farm chief integrity officer Will Daniels and Joan Menke-Schaenzer, former vice president for food safety at Wal-Mart and current global chief quality officer for ConAgra Foods Inc.Such inconsistencies could be partially resolved with a move away from checklist auditing, said Joan Menke-Schaenzer, chief quality officer for ConAgra Foods Inc. She said critical thinking questions and quantitative risk analysis would be a better way to go.

“Our in-house audit team shuts down lines and whole plants when they see something. External auditors have never shut down our lines or plants,” said Menke-Schaenzer, who is on the board of NSF and was previously vice president for food safety for Wal-Mart.

Food safety attorney Bill Marler, who represents more than 40 victims and victims’ families in civil cases related to the 2011 cantaloupe-related listeria outbreak, said during the hot topic session that a recent ruling by a federal judge in Oklahoma shows a “fundamental change.”

Judge David Russell refused to dismiss Primus from a lawsuit related to the 2011 listeria outbreak saying it had a responsibility to consumers. A subcontractor for Primus gave the cantaloupe grower-packer Jensen Farms a score of 96% on an audit of its packing shed days before the 2011 harvest began. Federal officials later blamed conditions at the shed for the outbreak.

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