Executive Sentenced to 28 Years in Prison for Food Safety Violations (From Sandler Travis )

Transcription

1 Oct 2015 Executive Sentenced to 28 Years in Prison for Food Safety Violations (From Sandler Travis ) For his role in a salmonella outbreak that was sparked by contamination in his company s product, sickened hundreds and killed at least nine, the former president of the Peanut Corporation of America was sentenced this week to 28 years in prison, the harshest penalty ever imposed in a food safety case. This case highlights both the federal government s increasing prosecution of individuals in relation to corporate misconduct and the serious consequences that can result from adulteration or misbranding of food products. The sentencing of Stewart Parnell followed his conviction last year for violating the Federal Food, Drug and Cosmetic Act by blatantly violating good manufacturing practice requirements, knowingly distributing adulterated food that posed a risk of death or serious injury to consumers even after internal tests revealed the contamination, and conspiring with others to deny and cover up the contamination. The government also used the Park doctrine, which renders FDCA violations strict liability crimes for corporate officials in positions of responsibility or authority. For more info, please go to [Ed Note: DOJ Deputy Atty General Sally Quillian Yates announced on Sept 10 tough new rules signaling an intensified effort to prosecute individuals for corporate misconduct in all industries. For more info on this, please go to We would be delighted to assist you with developing a compliance program for your company. Please contact us with any questions.] ATA: Truck technician shortage could threaten industry (From American Shipper)

2 U.S. lawmakers and industry advocates need to do more to address a critical shortage of skilled truck technicians and mechanics, according to Bill Graves, CEO of American Trucking Associations.In addition to the much publicized lack of qualified truck drivers, the trucking industry is currently dealing with a critical shortage of skilled technicians and mechanics, according to American Trucking Associations CEO Bill Graves In our industry, we often talk about the impact of the shortage of truck drivers, said Graves, but we mustn t forget trucking s need to have many skilled technicians and mechanics to keep their rigs in working order and their wheels moving. For more info, please go to ge_could_threaten_indus_61595.aspx [Ed. note: Finding reliable truckers to deliver your imports timely has become difficult and will likely get worse. Please allow extra time for us to find a good trucker. You should also factor increased trucking charges into your budgets. For more info on the driver shortage, please go to m_campaign=daily%25newswire&mgs1=50fekzbel6] FTC Amends Fair Packaging and Labeling Act Rules (From NCBFAA) The FTC has amended its rules under the Fair Packaging and Labeling Act (FPLA), which requires that certain products carry labels identifying the contents, source, item quantity, and other information to help consumers compare products. In February 2015, the FTC sought public comment on proposed amendments. In response to comments received, the Commission adopted all proposed amendments, including modernizing the place-of-business listing requirement to incorporate online resources, eliminating obsolete references to commodities advertised using the terms "cents off," "introductory offer" and "economy size," and incorporating a more comprehensive metric chart.

3 Product categories exempt from FTC regulations under the FPLA are meat products, poultry, tobacco products, items under the FDA's jurisdiction, alcoholic beverages, commodities subject to the Federal Seed Act, and any commodity subject to packaging or labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act, or certain provisions of the Virus-Serum-Toxin Act. In addition, the notice specifically lists numerous products that are not subject to the FPLA. The Commission vote that approved the amendments was 4-0. The amended FPLA regulations are available on the FTC's website and will be published in the Federal Register shortly. The proposed Federal Register notice is at 9/150928fplafrn.pdf Continuous bond payment now due 30 days prior to renewal Because of new requirements placed on the sureties by Customs, our surety now has a requirement that payment for your continuous bond be received 30 days prior to the renewal date. More importantly, they no longer offer a grace period after the renewal date. Going forward, they will cancel the bond if payment is not received timely, and they will charge a handling fee to reinstate a cancelled bond. Basically, you will need to pay your bond renewal 30 days earlier to avoid any problems. We regret this new requirement, but we must comply. Your understanding is greatly appreciated, and, as always if circumstances warrant, we will gladly work with you. Trade delegates reach deal on Trans-Pacific Partnership (From American Shipper) The TPP agreement, which includes the United States and 11 other countries in the Pacific Rim and the Americas, covers a range of industries and promises to reduce or eliminate tariffs and quotas on numerous products. Trade negotiators from 12 countries, including the United States, who were holed up in an Atlanta hotel, reached a deal on the Trans-Pacific Partnership in the early morning hours Monday, according to multiple media reports. The trade agreement covers a range of industries and promises to reduce or eliminate tariffs and quotas on numerous products

4 traded between the member countries. In addition to the United States, TPP includes Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. Please note that the governing bodies of each country must ratify this agreement, including our Congress, in a process that is likely to take years. Advance notice required for imports of two chemical substances (From Sandler Travis) The Environmental Protection Agency has issued a final rule that, effective Nov. 23, will impose import restrictions on two chemical substances collectively referred to as HBCD. This rule requires persons who intend to manufacture (including import) or process hexabromocyclododecane or 1,2,5,6,9,10-hexabromocyclododecane for use in consumer textiles (other than for use in motor vehicles) to notify the EPA at least 90 days before commencing that activity. The definition of consumer textile in this rule can include bolts of cloth and draperies as well as textiles that are part of household furniture and mattresses. The EPA notes that the general provisions for SNURs include an exemption for persons who import or process chemical substances as part of an article. However, this exemption does not apply to importers and processors of HBCD as part of a textile article (e.g., as part of a bolt of cloth or part of an upholstered chair). For more info, please go to EPA html Refugee crisis in Europe hindering road traffic (From Voice of the Independent) The influx of refugees into Europe has begun to affect freight at some border crossings, causing excessive wait times for truckers. There have been reports of backlogs in Germany, Austria, Hungary, Serbia, and Croatia. If your shipments cross these borders, you should allow extra transit time. If your terms are ex works or you are otherwise responsible for the European trucking, we urge you tobe prepared for increased charges by the trucker Please contact us with any questions. Lee Hardeman LeeH@LHCB.com Direct:

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