Is Writing An Audit Report Overlooking Servere Food Safety Issues A Criminal Offense?

August 5, 2012

Last week Bill Marler had a post asking whether the Jensen brothers should face criminal charges for the deaths and illnesses caused by their listeria tainted cantaloupes.http://www.marlerblog.com/lawyer-oped/should-brothers-ryan-and-eric-jensen-face-criminal-charges-will-producers-of-listeria-tainted-cantal/  The post includes the report from the FDA’s investigation.  The place was an absolute disaster.

 This brings another question to mind – is writing an audit report overlooking severe food safety issues a criminal offense?  The Jensens had been audited by Primus and none of the significant food safety issues found by the FDA came to light.  Did the auditors just miss the issues?  It’s possible.  Or did the auditors intentionally fail to report the food safety issues?  Intent in the future could separate the incompetent from the criminal.  Right now we are seeing auditors being pulled into the same liability litigation as those they audit.  Is it possible that in the future will we see auditors before the same court as their clients.