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Liability Implications of the 2011 FDA Food Modernization Act

TASA ID: 1926

On Wednesday, September 12, 2012, at 2 p.m. ET, The TASA Group, Inc., in conjunction with food safety expert Dr. Darrel Suderman, presented a free, one-hour, interactive webinar, Liability Implications of FDA Food Modernization Act of 2011, for all legal professionals.

The 2011 FDA Food Safety Modernization Act (FSMA) has been called the most sweeping reform of our food safety laws in more than 70 years. It aims to protect public health by preventing food-borne illness, ensuring the safety of food, improving research on contaminants leading to food-borne illness, and improving security of food from intentional contamination, and for other purposes. The goal is to ensure the U.S. food supply is safe by shifting the focus from responding to contamination to preventing it. This act gives FDA new and enhanced mandates and authority to protect consumers and promote public health.

Even as bureaucrats and government attorneys work out the wording of new regulatory requirements, it is vitally important for both plaintiff and defense attorneys to understand the implications of not conforming to the law. This webinar will discuss critical details pertaining to record keeping, greater organic food protection, immediate FDA product recall authorization, establishing product tracking and tracing requirements, tracking and tracing food that has been internationally sourced, and the enhanced capacity to detect and respond to food contamination problems.

During this program, the presenter discussed various possible interpretations of the law:
  • Do tracking and tracing the food products require real-time electronic software systems?
  • Can data be 100% electronic – a progressive step from electronic signatures?
  • What is the minimum requirement before the FDA can issue a recall, and how wide of a scope can the FDA recall span?
  • How much time will it take before the FDA recall agents arrive to issue a recall – and will this create more deaths?
  • Can the FDA take over operational control (including finances) of a food processing plant?

About the Expert

Dr. Darrel Suderman, President of Food Technical Consulting, has worked for food manufacturing and leading restaurant chains for over 20 years.

For the last seven years, Dr. Suderman has served as an expert witness/consultant for both plaintiff and defense attorneys throughout the United States. Dr. Suderman received his B.S. and M.S. degrees in agricultural education and his Ph.D. in Food Science from Kansas State University in 1979. He holds two U.S. patents, co-authored a food processing book, and has written over 40 peer-reviewed and trade magazine articles and white papers. He has worked in Research & Development, Quality Assurance, and Food Safety for many of the leading restaurant chains including KFC, Boston Market, Church’s Chicken, Quiznos, Captain D’s, Chick-fil-A, and Wendy’s International.

In addition, Dr. Suderman co-founded Business IQ LLC as a business intelligence IT consulting company, which has been accepted as an official partner of SAP software company. A few of his clients have included Foster Farms, Jennie-O Turkey Store, Gold’n Plump Poultry, Johnsonville Sausage, E & J Gallo Winery, Tyson Foods, Organic Valley, and Givaudan Roure Flavors.
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Tasa ID1926

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