Sarah Brew Explains the FDA's Increase in Criminal Prosecution over Food Safety Issues with The Packer

Faegre Baker Daniels partner, Sarah Brew recently spoke with The Packer about the Food and Drug Administration (FDA) and the agency's increased enforcement of criminal liability for food companies.

In a webinar hosted by Western Growers, "Criminal Liability for Food Safety Violations: Jensen Farms and the FDA's Heightened Enforcement Efforts," Brew discusses the history and evolution of the "Park Doctrine," which permits misdemeanor charges even though criminal intent is not apparent. She examines its use in the case against Eric and Ryan Jensen, owners of Jensen farms in Holly, Colo. Jensen Farms was charged with violating the FDA by introducing contaminated cantaloupe into interstate commerce, and implicated in the outbreak leading to 33 deaths.

Brew explains, "I think the main new development, and something that all growers, packers and food manufacturers should be aware of, is that Jensen Farms was charged criminally without having any intent to do anything wrong or any knowledge of any problem." She continues, "The fact that you can be found strictly criminally liable is yet another reason to take the new regulations seriously, to start preparing now for what it looks FDA is going to require down the road and for investing in getting it right from the get go."