Updated 1/26/2009 11:44:12 PM
ATLANTA -- 11Alive has obtained the two most recent Food and Drug Administration inspection reports for the Peanut Corporation of America's Blakely, Georgia plant.
The two reports, from June and October of 2008, show a total of five violations. None of those violations indicated a presence of salmonella, an expert told 11Alive News' Jerry Carnes.
According to the FDA inspection report dated June 10, 2008, the PCA plant in Blakely, Georgia was not in compliance with the following items:
- In-use utensils: properly stored
- Food and non-food contact surfaces cleanable, properly-designed, constructed, and used
The report indicated that both of those violations were "Corrected on Site."
Pertaining to the non-compliance of "In-use utensils: properly stored", the following observation is noted in the report:
"Scraper for final bulk tank after metal detector (fill bulk tank) is stored over reject product. Scraper was not covered, no cleaning schedule. Plant mgr covered product with throw-away plastic bags. Scraper will be rotated and washed hourly. Corrected On-Site. New Violation."
As for the non-compliance of the item "Food and non-food contact surfaces..." the following observation was noted:
"Possible metal flakes from metal scrubber which is used to clean outside of equipment. Clean, properly stored wiping cloths to be used for cleanup. Corrected On-Site. New Violation."
The June inspection report also shows that the PCA plant was not in compliance with "adequate ventilation and lighting; designated areas used". The following observation was recorded in the report:
"Dust buildup on fan in butter room. New Violation. Correct by: 6/11/2008."
In the most recent inspection, on a report dated October 23, 2009, the PCA plant was found to be not in compliance with two items:
- Food and non-food contact surfaces cleanable, properly-designed, constructed, and used
- Physical facilities installed, maintained and clean
The October report indicated that the first violation was "Corrected on Site". There was no such note relating to the second violation.
Pertaining to the violation "food and non-food contact surfaces cleanable..." the report indicated the following observation:
"Totes returned from Boca Grande 3245 North Berkeley Lake Rd. Duluth GA 30096, are intended for reuse by this customer. Photographs taken of these totes show butter left on them as well as a black build up. A liner is placed inside of the totes prior to filling. Totes removed. Today is the first attempt at refilling these totes. Practice will be suspended. Corrected On-Site. New Violation."
As for the violation "physical facilities installed, maintained and clean", the following observation was noted in the October report:
"Mildew and possibly some static dust on ceiling of butter storage room. New Violation. Correct By: 11/05/2008".
Last Wednesday, 11Alive News made an Open Records Request with the Georgia Department of Agriculture, asking for the last two inspections of the Peanut Corporation of America's plant in Blakely.
The records are public records -- as are inspections at other plants, stores or restaurants in the state of Georgia. On Thursday, 11Alive News was denied access to those records.
The Georgia Department of Agriculture says they would not releasing those records, because a formal investigation of the Blakely plant has begun. At this point, the plant has been completely shut down.
Forty-three of 46 workers have been have been laid off.
On Thursday afternoon, attorneys for 11Alive News sent a letter to the state of Georgia, in part saying records that were created for the public cannot be made private.
The letter reads as follows:
We represent WXIA-TV ("WXIA-TV") in connection with written and oral requests made today by WXIA-TV reporter Jaye Watson to the Georgia Department of Agriculture (the "Department") for permission to access and inspect publicly-available health inspection reports of the Peanut Corp. of America facility in Blakely, Georgia, for the last four (4) years. We understand that the Department has denied the requested access on the grounds that the reports are "proprietary" and related to an "investigation" into the Peanut Corp. of America facility. Because as these are not proper bases to withhold public access to the requested documents under the Georgia Open Records Act, we respectfully insist that the Department permit access to and inspection of the records by WXIA-TV immediately.
The health inspection reports of facilities doing business in Georgia and subject to the Department's inspection authority do not fall within any exception to the Georgia Open Records Act. They are not "proprietary" records of the Department or of Peanut Corp. of America. Instead, the inspection reports are public records available for public review when created and, once public, the reports cannot thereafter become "non-public," even though an investigation may later take place.
Further, the requested records are not excepted from disclosure as "records of . . . regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity." O.C.G.A. § 51-18-72(a)(4). The requested health inspection reports were created, maintained, and made public by the Department well before any alleged investigation commenced, and do not, by definition, contain any non-public, confidential, or sensitive law enforcement information generated during or for any alleged investigation.
11Alive's attorneys felt there was a very strong argument and a right to get those public inspection records so they could be shared with the public.
Six people have died, 486 have been sickened in the five months this outbreak has been taking place.
The FDA has a complete list of the recalled products available on their Web site.
In June 2008, inspectors found dust on a fan in a butter storage room. In October, inspectors found reusable totes used to carry peanut butter in bulk with butter on them, as well as a black build up. They also found mildew and possible dust on the ceiling of a butter storage room.
11Alive News has now obtained ten inspection reports dating back to January 2006. Only once did inspectors test products at Peanut Corporation of America for salmonella, which came out negative.
The director of the University of Georgia's food service center says the inspections don't shed much light on the recent salmonella outbreak, but they are only a mere snapshot of what goes on at the plant.
"And it may be that at the point of time that the investigator was present, it was not obvious that there were any deviations," said UGA food expert Michael Doyle.
One inspection only took an hour. The longest was three hours and fifteen minutes.
At the state capitol, some legislators are calling for better assurances for the public.
"The sad part of the whole thing is we're going to have peanut producers, farmers who are going to suffer because of the lack of detail given to the problem or to preventing the problem," said Rep. Terry England, a Republican member of the House Agriculture Committee.
Sen. Nan Orrock, a member of the Senate's Agriculture Committee, says plants like Peanut Corporation need to do their own inspections along with the Department of Agriculture, and report those findings to the state.
"If you cannot go to the store and make a purchase and bring home food and know that it's safe for your family to eat it without being sick, then you don't have much assurance of safety," Orrock said.
