Burger Contamination – Recommendations for all Food Producers

If food producers take only one lesson from the latest media furore surrounding contamination of burger products it is the importance of not only checking suppliers have the requisite systems in place but actually their implementation and testing the products supplied. Also, food suppliers can give themselves a competitive advantage by providing these reassurances to customers.

It is recommended that all food businesses take this as an opportunity to review their due diligence and crisis management programmes. Clearly, in these straightened times, resources for testing and review can be hard to come by and this may need to be considered when contracts are being agreed. However, with some news outlets reporting an initial £300 million wiped off Tesco's market value and with the subject of quality being key to brand reputation, the lack of any tests and reviews could well be a false economy.

Prioritising Checks on Suppliers

A number of risk factors might be taken into account when considering prioritising the testing of supplies:

• The location of a supplier; UK, European or Worldwide and any difference in product or manufacturing regulations.
• The size of the supplier and the sort and number of other products potentially supplied from their premises.
• The compliance with and provision of up to date quality certification, evidence of Hazard Analysis Critical Control Points (HACCP) checks and risk assessments and any audits/reviews thereof. Test certificates from accredited, independent third parties will add particular reassurance.
• Product specifications, ingredient listings and claims.
• Insurance terms and conditions of cover.

There is pressure for someone to be held accountable in relation to the contamination of beef burgers with horse and pig content. Food minister David Heath told MPs today that the contamination was "almost certainly a matter of criminality". An appropriate due diligence defence requires proof that all reasonable precautions were taken as well as all due diligence exercised. What is reasonable will therefore depend on the risks involved, the resources of the business and their respective specialist knowledge.

It is important as part of a company’s due diligence process that they have in place a crisis management plan, including appropriate media response. Companies should always put customer safety first and not only do this but should be perceived to do this by the regulatory authorities and the consumer. A crisis plan should allow the company to act responsibly, decisively and with transparency.

Advantages of ensuring the highest quality checks are primarily the protection of brand image and market share, limiting criminal and civil liability and possibly insurance premiums, reduction of wastage costs, litigation costs and costs of regulatory compliance, improvement of supplier product quality and improved relationships with trading partners.