A week ago, I walked into lunch at the Michigan Agri-Business Association annual conference and was delighted to see a room full of folks; I was even more delighted to hear several of the lunch speakers (including Senator Debbie Stabenow) talking about how “times are good right now” for our food and agriculture industries. That’s a new tone for Michigan business, and a welcome relief.
After lunch, we broke out into workshops. I was one of four speakers at the Food Safety workshop speaking on the topic: “Food Safety Requirements: What the Law Says”. My presentation focused, as you might expect, on the new requirements set forth in the Food Safety Modernization Act. An interesting question was raised during my speech (I didn’t have an immediate answer to it): Is there any personal liability under FSMA to the individual (owner, operator, person in responsible charge) who signs the plan/report verifying that a food safety program is in place and that it’s adequate and effective. Is the signor at risk of personal liability? Does anyone have any insight or thoughts on this topic? I’m going to look into it, particularly given how all of us tend to prioritize personal liability issues to the top. I’ll keep you posted on what I uncover.
(Editor's Note: Attorney Steve Kluting authored this post while working in Varnum's Grand Rapids office. Steve is currently with another company.)