Quote:
Originally Posted by uggabugga
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This is the opening act of a squeeze by DOJ/CPB, who will try to show that Chipotle did something wrong at the Simi Valley restaurant that caused a food that had travelled in interstate commerce to become adulterated. Then they will try to 'settle' for several million dollars in fines and forfeitures. They did the same thing to a juice company in Sacramento a couple decades ago (but that company was seriously deficient in their manufacturing proceses, and lots of children got very sick).
The trouble is with this case is that norovirus is usually introduced to a restaurant (or cruise ship or nursing home or school cafeteria) by
the customer - or an employee who has contracted the virus but isn't yet symptomatic. That's going to be very difficult for the government to prove the element of the offense that the company did something that specifically allowed a highly transmissible virus, which is ubiquitous in the community, to adulterate their food.
Not the course I would have advocated. Even though it is a strict liability misdemeanor, CPB would have been smarter going after the e-coli restaurants. The customer doesn't bring e-coli to a restaurant they way they bring norovirus in.
Will be interesting to see if Chipotle was grossly deficient in their HACCP or sanitation operations. And if they were, why didn't the local health departments get involved sooner...?