The vital role played by a food lawyer in case of food borne illnesses

The habit of home cooked food is becoming a myth now as in today’s fast paced world people are getting more and more used to fast foods or processed foods. Preparing a meal is time consuming and people nowadays are so busy that cooking has taken a back seat. It is far easier to pick up something or the other from the supermarket shelf and pour a little hot water into it, or oven-heat it and have a ready lunch or dinner in two minutes flat. In today’s world everyone is running around to meet their deadlines and therefore these processed food or fast food has become the ideal solution for the time crunched population. Ready made food both tastes good and is easy to procure. They are also cheap and tasty so no doubt more and more families or even single people are getting into the habit of consuming fast food or preserved food.  There are stores all over the world that are selling a variety of ready-made pastes, bread spreads, mixes, jellies, jams and or simply eat out at cafes, restaurants, pubs, bars, or even roadside stalls having n array of tasty spreads. But all that is easy has some or other drawbacks. There are no shortcuts to good health and there are a number of drawbacks and health hazards that becomes apparent with continuous fast food eating.  

People place all their trust on the people who manufacture these food products without having any real knowledge about the ingredients that are put in such items and hence might as well be consuming harmful substances which do more harm than good to an individual’s health. The direct result of these can be seen in the various foodborne illnesses. “Food safety” is a word that has been coined for controlling the different stages of food production, manufacturing and processing so that when the end consumer actually consumes this food they are eating things which are free from harmful chemicals, man-made tampering, and other substances that enhance the color and look of the food products. But there are loopholes in the system despite the various stringent checking methods and therefore there is no guarantee when a food product or a finished food becomes contaminated and pose a health hazard to the consumer. There are various stages where a food can become contaminated, like when a raw food is developed in contaminated soil or water. There can be different kinds of viruses, animal or human waste, bacteria, and other chemical components that can contaminate the soil or the water, and these can be passed into the produce. These foods when cooked can cause illness to the person who is consuming it and that is the classic example of food borne sickness. This is where a food lawyer can help the consumer to sue the seller or the eatery for the damages caused by food poisoning.

Many people are unaware of the fact that they can claim compensation for the suffering that has been caused to them by a contaminated food product, whether cooked or uncooked. A food lawyer will help the victim of the food poisoning to gather evidence that a particular food or restaurant is responsible for the food borne illness and prepare the case accordingly so that the victim receives the adequate compensation for all the hospital and treatment bills. Thus, next time you have an upset stomach, think hard and you will most probably find that it is the result of food poisoning rather than stomach flu. There are various other symptoms of food poisoning and they can be pretty serious. You can suffer from symptoms like vomiting, abdominal pain, nausea, and diarrhea because chances are that the food you ate at that corner eatery served you food which had different viruses, parasites, and bacteria. There are many different types of bacteria like Campylobacter, Salmonella, Botulism, E.Coli, which can cause food borne sickness. There is serious food poisoning which includes noroviruses rotaviruses and hepatitis A. Harsh food poisoning can cause you to visit the hospital to help you recover and miss work and pay. The other side effects are lost wages as well as high medical bills which cannot be ignored. Hence the guilty party should pay and a lawyer will help in precisely preparing the case which proves your case in the court of law.

Why should you hire a business litigation lawyer?

Business litigation lawyers are mainly hired by companies and businesses around the world to safeguard their business interests and to avoid financial burden. Business litigation lawyers tailor a particular strategy as per the company's requirements and condition.

Business litigation lawyers are mainly hired by companies and businesses around the world to safeguard their business interests and to avoid financial burden. Business litigation lawyers tailor a particular strategy as per the company's requirements and condition.

We have collected a list of the top five reasons why you should employ a Business litigation lawyer:

Peace of mind

Even though you are capable of representing yourself in the court, you might end up regretting in case the outcome is not good. A business litigation lawyer can give you peace of mind and confidence that your case will be handled with utmost professionalism.

Protect your business interests

A business litigation lawyer will assist you in understanding the different legal issues. They will ensure that your business interests are at the forefront.

Maintain your legal documents

Business litigation lawyers, who are architects of the legal system, will help your company by creating business entities and drafting contracts. Your business attorney will also assist you in evaluating records, navigating regulations, valuation reports, organizing funds, contracts, and designing different policies for new businesses and companies.

Access to legal knowledge

Your experienced business litigation lawyer having a wide breadth of legal knowledge can advise you about the different legal matters concerning your company including taxes, mergers, contracts.

Alert you about possible legal matters

Legal matters can pop up any time which can pull your time and money. An experienced business litigation lawyer can assist you and your staff by providing legal advice timely and handle any immediate legal issues on your behalf.

Develop smarter relationship with your business partners

Your business litigation lawyer will help you and your business partner in constructing a legal contract which will benefit both the parties in the long term.

Use your lawyer’s connections to spread your word

Experience business attorneys have a wide number of connections. You can use your business lawyer's connections to spread your business proposals.

The PACA Trust And How It Works

The Perishable Agricultural Commodities Act or PACA was passed in the year 1930 by Congress to establish fair trade and business practices in the vegetable and fruit industry. All agricultural produce exporters must be familiar with these government regulations. PACA is managed by the U.S. Department of Agriculture or USDA.

Important facts about PACA are mentioned below:

How to get a PACA License

Companies that buy or sell more than one ton of produce on a daily basis must get licensed by PACA. Companies which buy or sell produce which crosses the U.S. state lines also need to be licensed which can be obtained through the U.S. Department of Agriculture or USDA. PACA license fee is $995 for a year and $600 for the other branch locations across the United States. Companies which operate without a PACA license could pay a penalty upto $1200. Having a PACA license protects your PACA trust rights even if the buyer goes out of the business.

Protection under PACA

The PACA trust was developed as a means for sellers and suppliers to obtain payment on undisputed amounts which are owed for product sales.  Provisions under PACA require produce sellers to maintain a statutory trust on vegetables and fruits received but not yet paid for. In case the buyer's company or business becomes bankrupt, the trust will ensure that the produce vendors are compensated before other creditors if they file claims for confidence.

PACA licensed sellers must have the following wordings on their billing documents as well as invoices.

The perishable agricultural commodities listed on this invoice are sold subject to the statutory trust authorized by section 5(c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received.

Produce sellers who don't have these wordings in their bills are required to send a written notice to all buyers within 30 days of payment due date ensuring the buyer that the vendor wishes to preserve the trust benefits of PACA.

Reparation and Dispute Resolution Cases

In case a PACA licensed company fails to pay for produce, USDA can suspend the license of that company. PACA licensed companies can file for reparation cases through PACA. This case can take six months and the reparation case requires $100 filing fee. A formal proceeding begins involving the seller and the buyer if the case is not resolved informally.

Understanding Bankruptcy

Bankruptcy is a legal process through which a person or business who is unable to repay debts to the creditors may seek relief from their debts. The process of bankruptcy begins with a petition which is commonly filed by the debtor or less commonly by the creditors. During the bankruptcy process, assets of the debtor are measured and evaluated which are then used to repay a portion of the outstanding debt. With the help of New York Bankruptcy Lawyers, you can clear your debts, set up payment plans and protect your business from creditors.

Uses of Bankruptcy

Bankruptcy offers a person or a company an opportunity to start fresh by forgiving debts that simply cannot be paid while providing creditors an opportunity to acquire some repayment based on the business's or the individuals' assets available for liquidation. Bankruptcy can theoretically benefit an overall economy by offering people and companies a second chance to obtain access to consumer credit and measures to repay their debts to the creditors. Once the bankruptcy procedures are successfully completed, the debtor is relieved of the debt commitments incurred prior to filing for bankruptcy.

Basics of Bankruptcy

All bankruptcy cases are handled by federal courts in the United States. Bankruptcy judges make decisions against federal bankruptcy cases including whether a debtor should be discharged of his debts or whether he is eligible to file a bankruptcy. Most often, an officer of the Department of Justice is appointed by the United States Trustee to represent the debtor's estate in the proceeding. Usually there is very little interaction between the debtor and the judge unless a creditor makes any objection in the case.

Types of Bankruptcy

Chapter 11

This sort of bankruptcy is the most complicated and time-consuming, and is most frequently submitted by companies. If a company has declared Chapter 11 bankruptcy, it will continue to operate, maintain possession of all property, and attempt to develop a strategy to pay off its creditors. It is essential to remember that Chapter 11 does not dismiss debt commitments, but rather renegotiates, often leading in longer repayment windows, smaller payments or reduced interest rates.

Chapter 7

Small companies and Sole proprietorships that have no feasible future or lack substantial assets file Chapter 7. In this case, all the properties of the business are sold to meet debts, and any debts that cannot be covered by the purchase of assets are released. This is why Chapter 7 is also frequently referred to as "liquidation." Chapter 7 also works on the assumption that the person /or the company do not have enough revenue to repay their debts. It is not possible to carry out further business operations once a company has filed a Chapter 7, so the company is basically dissolved.

Chapter 13

A chapter 13 bankruptcy is typically reserved for consumers although it can also be used for sole proprietorships. People submit a repayment scheme to the bankruptcy court describing how they will repay the debts. The sum that is required to repay relies on how much the person earns, how much they owe and how much property they own.

Food Safety Compliance: Rules and Regulations

There is no official definition of food safety, mainly because the laws and guidelines should be followed depending on where and what sort of food service you provide. However, each restaurant should follow certain basic rules for food safety. HACCP has also been created to serve its customers and help companies in food facilities. HACCP is a globally recognized system of food management that addresses food safety and regulates potential biological, physical and chemical hazards. It can be simply defined as a system which was set up to recognize potential food safety issues and methods to control them and also to reduce diseases and contamination among the customers. If you go through the official website of HACCP, you will find out that it contains a long list of how to recognize risks and methods to regulate them. The HACCP website is informative and worth reading thoroughly if you have time, but it can be condensed to a much simpler format.

Some of the food safety rules and regulations one should follow before setting up a business are as follows:

Food and General Supply Storage:

Food, Spices and other edibles should always be kept away from the cleaning supplies. This implies that the cleaning machine should not be positioned closer to the kitchen area or the food preparation and storage region. Everybody should follow cross-contamination prevention practices before or while moving between the two areas.

Cleaning Processes Should Always Be Clear:

Cleaning processes and sanitizing rules for all food services include proper hand washing procedures, cleaning and sanitizing techniques for the kitchen, dining and food storage areas. Also, don’t forget about the region of waste disposal. An important element of operating a secure and tidy restaurant is proper disposal of waste and recycling. Dirty dumpsters attract pests, and many pests are hard and expensive to get rid of once they have gone in.

Raw Meats, Poultry, Seafood and Eggs Pose Potential Risk:

Items like raw meats, seafood, eggs and poultry should always be stored away from all other food items. All of these should have a separate preparation area with separate cuttings boards and washing stations and all should be color coded for easy and quick identification. This will help prevent cross contamination which is one of the major problems, every restaurant faces today.

Proper Dry Storage and Refrigeration:

Appropriate refrigeration and dry storage is crucial and everyone should follow the process rules. For proper storage and processing, product labels should always be verified.

Maintain Accurate Records:

Food safety compliance implies that you need to maintain accurate records of all you do. This includes food temperature logs, ordering histories, task checklists and corrective action logs when things don't go as scheduled. If your restaurant is ever audited or inspected, these things should help you in proving that you have taken care of every little detail.

Bankruptcy Lawyers

Bankruptcy is a legal process that is complicated and involves detailed planning. Even a tiny error can be costly. It is mainly a liquidation proceeding where a debtor submits all his non exempt assets to the Bankruptcy Trustee. The trustee sells all the assets to a creditor to avail benefits. Exemption law in most cases allows the debtor to retain all his assets. And debtor receives a release in exchange and becomes relieved of all his responsibilities of paying those debts included in the bankruptcy forever. When you file for bankruptcy, planning is very essential. Bankruptcy is a legal process which helps a person incapable of paying his/her bills, eliminate his debts and helps them to get a fresh start. Reorganization is a bankruptcy preceding that enables an individual to reorganize their assets. Federal law provides the right to apply for bankruptcy. In federal court, all bankruptcy cases are addressed. Bankruptcy estate is the submission of all your debts and all of your property before filing for bankruptcy. Everything you own, whether you owe it or not— for instance, a house, a car, apparels, books, television, audio system, furnishings, instruments, boat, artworks, even inventory or stock certificates— is incorporated in your bankruptcy estate. Once the case has been filed, a trustee is being appointed to supervise the bankruptcy estate. The responsibilities of the trustee involves examining the debtor (the person who filed the case) to determine whether the petition he filed is true and accurate and whether or not there is any property or asset which can be sold to the creditor by the debtor. The law permits that specific property can be exempted, or expelled from the bankruptcy estate, and hence it gets outside the reach of the appointed trustee. Most of the files cases are often given the term “no asset” cases; which depicts that the debts are released and there is no assets for the trustee to sell off in order to satisfy the debt owed creditors.

Food Laws and Regulations-an overview

Food Law is an agglomeration of laws and regulations that supervise food production, food manufacturing, food storage, distribution, consumption, food sale and import. Food laws aim to safeguard consumers and also ensure complete safety of the consumer consuming a particular food product. Food Safety and Standards Act (FSSA) is currently the governing law associated with food products in India. This Law was passed in India on August 23, 2006 by the Parliament and is mainly governed by the Ministry of Health and Family Welfare. The Indian Food processing industry had enforced many laws that dealt with food safety and were in operation prior to the inception of the Food Safety and Standards Act 2006. Some of them are:

·         The Vegetable Oil Products (Control) Order, 1947

·         The Prevention of Food Adulteration Act, 1954

·         The Fruit Products Order, 1955

·         Essential Commodities Act, 1955 (in relation to food)

·         The Solvent Extracted Oil, De oiled Meal and Edible Flour (control) Order, 1967

·         The Meat Food Products Order, 1973

·         The Milk and Milk products Order, 1992

·         The Edible Oils Packaging (Regulation) Order, 1998

FSSA was passed by the Parliament with the main intention to converge previous 8 laws into one comprehensive act and thereby having only one regulatory body. FSSA came into prominence mainly as it orchestrated the Indian Food Laws and regulations as per international standards. Later, Food Safety and Standards Authority of USA (FSSAI), an autonomous body was established and set up by FSSA on August, 2011. Main responsibility of FSSAI is to protect and promote public health through the supervision and regulation of food safety and also to set standards for food in a way that there is no confusion among the traders, consumers, investors and manufacturers.

FSSA has implemented many regulations to provide assurance of food safety. Key regulations include:

1.      Packaging and Labeling:

FSSA has enforced certain regulations on the packaging and labeling of food products which include general requirements of enclosing and labeling of the food products for its safe distribution, storage, sale and import.

2.      Signage and Customer Notices:

Under this section, FSSA has provisions with regard to the presentation and advertising of the food products by different food business operators. Under this act, no one is allowed to engage themselves  in any discriminatory trade practice for the promotion and sale of their products and also no one can adopt any deceptive approach by making false statements whether orally, or in writing or by any source of visual representation which:

a)      falsely represents that the food products are of good standard and quality

b)     makes falsification or misrepresentation of the product’s usefulness

c)      provides guarantee of the product without any adequate or scientific justification.

3.      Licensing Registration an Health And Sanitary Permits:

Under this provision, FSSA governs the license and registration of a business operator. FSSA ensures that each and every food operator is registered in accordance to the License and Registration Regulations so that no one can start a food business unless they possess a valid license. Prime purpose of FSSA is to ensure that each and every business operator maintains food safety, sanitary and hygienic standards.

Penalties by FSSA:

The Food Safety and Standards Act (FSSA) enforce the following penalties for misleading and dishonest trade affairs: