Publisher’s Platform: Boar’s Head Leadership should get jail time for Listeria Illnesses and Deaths

The Federal Meat Inspection Act (FMIA), which was enacted in 1906, includes provisions for criminal sanctions against individuals and entities that violate its regulations. The FMIA aims to ensure that meat products are slaughtered and processed under sanitary conditions and are humane and safe for consumption. 

Here are the Inspection Reports in PDF.

The FMIA contains specific sections that outline the criminal penalties for violations. These sections are primarily found in Title 21 of the United States Code, Section 676. 

Here’s a summary of the relevant criminal provisions:

1. Section 676 – Criminal Penalties: This section establishes penalties for individuals who willfully violate the requirements of the FMIA.  It identifies violations such as using misleading labels, selling adulterated or misbranded meat, and failing to comply with inspection requirements. 

• Misdemeanors: Violators may face misdemeanor charges for less severe violations, which can result in fines and imprisonment for up to one year.
• Felonies: Serious violations, particularly those involving the intent to deceive (such as knowingly selling adulterated products), can be classified as felonies. Penalties may include larger fines and longer imprisonment terms.
• Responsibility of Officers: The law also holds corporate officers and agents accountable for violations committed under their authority, emphasizing that liability extends beyond just the business entity.

Everyone recalls felony jail time given in the Peanut Corporation of America case. Here are some examples of misdemeanor sanctions:

As for the deadly Listeria outbreak: Epidemiologic, laboratory, and traceback data showed that meats sliced at deli counters, including Boar’s Head brand liverwurst, were contaminated with Listeria and made people sick. Since the last update on Sept. 25, two more illnesses were reported. As of November 19, a total of 61 people infected with the outbreak strain of Listeria were reported from 19 states. 

Arizona – 1

Florida – 3

Georgia – 2

Illinois – 1

Indiana – 1

Louisiana – 1

Massachusetts – 3

Maryland – 8

Minnesota – 1

Missouri – 3

North Carolina – 1

New Jersey – 6

New Mexico – 1

New York – 19

Pennsylvania – 2

South Carolina – 2

Tennessee – 1

Virginia – 4

Wisconsin – 1

Sick people’s samples were collected from May 29, 2024, to Sept. 13, 2024. Of 61 people with information available, 60 were hospitalized. One person got sick during their pregnancy and remained pregnant after recovering. Ten deaths were reported, including one in Illinois, one in New Jersey, two in New York, one in Virginia, one in Florida, one in Tennessee, one in New Mexico, and two in South Carolina.

Source: https://www.foodsafetynews.com/2024/11/publishers-platform-boars-head-leadership-should-get-jail-time-for-listeria-illnesses-and-deaths/