CORRECTION: This story has been updated to reflect that Aossey was convicted for mislabeling beef by removing USDA establishment numbers from shipments that came from an unapproved facility.
Dive Brief:
- Sentencing in food safety cases is anything but straightforward, especially when considering those like the mislabeling case brought against Halal food exporter William B. Aossey Jr.
- Aossey was convicted of more than a dozen federal felony counts for mislabeling beef by removing USDA establishment numbers from shipments that came from an unapproved facility. Since, Aossey has been in custody while his lawyers and prosecutors deliberate a sentence, specifically whether that sentence should be "enhanced."
- Prosecutors are demanding the enhancement "because he used 'sophisticated means' to commit the crimes, misused his position of trust and/or committed a crime with more than 10 victims," according to Food Safety News. But both sides disagree on both the enhancement and the specifics, like how many victims were involved.
Dive Insight:
The defense has argued that Aossey should not be subject to the enhancement because the defendant accepted responsibility for the mislabeling allegations from the beginning.
Sentencing for the salmonella case against former Peanut Corporation of America CEO Stewart Parnell and other PCA management came a year after the conviction, so it's possible the back-and-forth over the Halal mislabeling case could take just as long. Stewart Parnell and his brother Michael Parnell have already filed for appeals in their own case.
Food safety has been top of mind for manufacturers and regulators, particularly with the release of several FSMA rules in the past several months, including two preventive controls rules in September and three others in November.
Last year, the U.S. Dept. of Justice warned manufacturers that punishments for food safety infractions would be more severe going forward. The DOJ officially began its investigation of Blue Bell for last year's listeria outbreak last week.