The Food and Drug Administration (FDA) has suspended operations at
nut and seed spread manufacturer Sunland Inc.’s New Mexico plant after
investigators reportedly discovered Salmonella-tainted peanut butter linked
to an outbreak that has allegedly sickened 41 people in 20 states this year.
According to FDA, “the fact that peanut butter made by the company has
been linked to an outbreak . . . coupled with Sunland’s history of violations led
[the agency] to make the decision to suspend the company’s registration.”

In a November 26, 2012, letter to Sunland’s president, FDA Commissioner
Margaret Hamburg said evidence the agency collected in response to
the outbreak demonstrated that “[n]ut butter and nut products manufactured,
processed, packed, and held by your facility are contaminated with
salmonella, or are at risk for contamination with salmonella, based on the
conditions in your facility. Your facility’s testing records over the past 3 years
include multiple positive salmonella results throughout your facility and in finished product. Due to this contamination and/or risk for contamination, FDA has determined that these products have a reasonable probability of
causing serious adverse health consequences or death to humans.”

Further FDA review of Sunland’s product testing records showed that “11 product lots of nut butter revealed the presence of salmonella between June 2009 and September 2012. Between March 2010 and September 2012, at least a portion of 8 product lots of nut butter that Sunland Inc.’s own testing program identified as containing Salmonella was distributed by the company to consumers.” During September and October 2012 plant inspections, FDA also found Salmonella in 28 environmental samples (from surfaces in production or manufacturing areas) and in 13 nut butter product samples and one product sample of raw peanuts.

The suspension order offers the company an opportunity to request an
informal hearing on certain issues. If, after providing this opportunity, FDA
determines that the suspension remains necessary, it will require Sunland
to submit a corrective action plan to address the immediate problems and
to implement a sustainable solution to those problems in a sound scientific
manner. The FDA will reinstate the company’s registration only when the
agency determines that the company has implemented procedures to
produce safe products. See Agri-Pulse and NBC News, November 26, 2012.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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