Sealing Trailers

I read Oshkosh v Kruse but only perused your link as it is from 2010 and is just a Dear Abby question. The new Food Safety Modernization Act requires

http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm378628.htm

As I read the FSMA requires food handlers to create and follow a policy to identify and mitigate risks of food contamination. Failure to follow their own policies and procedures would then make the food handlers in violation of FSMA.

So no governmental regulation requiring a seal, but a governmental requirement to enforce specific company risk mitigation policies.

 

This doesn't even make any sense! The product should not be sold at ANY value, if there's reasonable belief that it was tampered with!
(I knew something just didn't look right there, but it took leaving the thread, coming back and re-reading it to see what it was...)

 

The insurance company probably sold it to someone for 19,000 less than market value, Oshkosh probably bought it from the third party for what they bought it for slightly more or maybe less. Even so, they (Oshkosh) would have made out even better than using the original product.

 

Not my link. Your post about the case. We both actually posted about the same case, but I looked up the court documents and read it all. Big Don is right, something fishy went on here.

All of what you said has mostly to do with the Sanitation Food Transportation Act of 2005, which is what I said. It's ALL guidelines for shippers and receivers. No actual law is in effect.

 

Each company/facility is required to have its own Food Defense Plan to control access to materials - particularly raw material that will be further processed. If they don't follow the written plan and there is some sort of incident the food processor/retailer has a high liability.

Thus it was reasonable for Oshkosh to reject the load for having a broken seal. This is the second point of proving a prima facie case under Carmack. Having proven the broken seal resulted in damages Oshkosh was able to win judgment against the carrier.

The FDA has guidelines for companies, as this section of the act didn't/doesn't go into effect until 2016 and there is a 3 year (??? not quite sure on that) compliance period I haven't found any penalties listed. I look at suggestions from Government Regulations the same way I look at suggestions from my Dad - they're a polite way of telling me to do something and my *** will be in a crack if I don't follow along.

 

I should add the carrier has almost no legal requirements for sealing outside of following their customers directions.

 

And I think, that is where the SFTA of 2005 talks about how transportation is one of the weak links in safe and secure food handling.

 

That's just because most trailers are so dirty I'd rather sleep with Tyfoid Mary than in the trailer.

 

I once saw a documentary that talked about Typhoid Mary. I'll take my chances in the trailer.

 

HACCP. took this training at my previous job. cant recall what the acronym stands for though.