worried that overcooking would make them tough to eat. In the ensuing years, Marler obtained a $US15.6 million settlement for Brianne, and represented scores of other victims of the Jack in the Box outbreak, with settlements reaching more than $US50 million. Within 18 months, the restaurant chain lost $US160 million both in court and from lost sales. “Food production,” Marler says, “is a risky business. But it has to be. If you are a food manufacturer and your food hurts or kills someone, the game’s over. It doesn’t matter if you are a good company. You are at fault. Period. Outbreaks just don’t happen if people are doing the right thing and have the right processes in place.” You can hear the disgust in his voice when talking about another case – the story of a Californian company’s organic unpasteurised juice marketed to children and their health-conscious parents. When the company was told its juices weren’t safe enough to give to US Army troops after being extensively tested in 1996, it decided not to act and continued selling the product to defenceless customers. Two months later, an E.coli outbreak caused by apple juice manufactured using blemished fruit hit scores of children, resulting in 66 people sickened and a 16-monthold baby killed by kidney failure. “The company had decided not to do product testing. They chose not to, even though they knew the US Army was worried An employee at a frozen food plant in Japan in 2013 sprayed malathion, an insecticide that is also toxic to humans, onto the frozen food as it travelled down the production line. Although it is believed that the employee was upset with only the company, his actions caused 2800 illnesses and a recall of six million products, with more than 100 employees losing their jobs due to company shut down and substantial brand damage. Food manufacturers, food service and food retail establishments are at risk of intentional adulteration attacks. The Rajneeshee Commune in Oregon in northwestern United States was under the spiritual leadership of Bhagwan Shree Rajneesh in 1984. After land use disputes with local government, commune members acquired a supply of pathogenic Salmonella Typhimurium, cultured it in their own laboratory facility, and put the bacteria into the food at restaurant salad bars in a nearby city. Their intent was to incapacitate local voters and secure seats in the county circuit court. As a result of this attack, 751 illnesses were confirmed and 45 people hospitalised. about their ‘wholesomeness’,” Marler says. “It was a conscious disregard.” Since the Jack in the Box incident, the US has moved to protect consumers from bad food. The Food Safety Modernisation Act of 2009 has greatly improved the food production market, and Marler took victims to Washington to show politicians that the cases they were looking at were real people with often debilitating and ongoing health issues. These days, he rarely sees cases coming across his desk relating to hamburgers, and for that he’s grateful. Leafy greens cases – which once were another large slice of his business – have dwindled to nearly zero. But Marler’s worried about the raw and unpasteurised trend that could bring issues with food such as bean sprouts, raw milk, raw juices and soy nut, as well as decisions some parents make not to vaccinate their children. It’s simple, he says. Food manufacturers have several responsibilities: • Identify hazards – a safety plan understood and utilised every day by all staff, trained and committed employees; • Create a culture – where food safety is a priority through all processes; • Involve suppliers – is a food safety regime in place, and have you ever visited them? • Establish relationships – inspectors and regulators are generally out to help you successfully run your business…they don’t see themselves as policemen and you should ensure good relationships with them. Marler tells a tale of a company director who relayed why he kept a photo of a child severely affected by a foodborne illness on hand when he’s making decisions for his company. “I look at the photo, and I think ‘What would she want me to www.foodtechnology.co.nz 15
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