If you were not legally responsible for the food you sold, why would you give a %^&$ about food safety? The next time you walk down the produce aisle (with your kid in tow) picking out fruits and vegetables to feed your family, ask yourself the question I ask myself when I do the same: “Does this retailer– locally, regionally or world-wide owned–really care if what it sells you has a pathogen on it, or in it, that can kill or maim me or myfamily?” Of course they say they do. You can see it in their ads to entice you into the stores to buy the produce–“farm fresh” or “local” –you have seen it, and likely believed it. But, it could be a lie. The retailer might well talk about food safety of the produce it sells, but it knows very well that it has had a bevy–or, is it a gaggle?–of lawyers, whose job it was to write contracts to push responsibility for safe food as far away from the retailer as lawyerly possible. Please bear with me and actually read some real contracts between retailers and brokers, shippers and farmers, where retailers successfully pushed food safety responsibility on to those brokers, shippers and farmers.
INDEMNIFICATION. ___________ shall protect, defend,hold harmless and indemnify ___________, including itsofficers, directors, employees and agents, from and against anyand all lawsuits, claims, demands, actions, liabilities, losses,damages, costs and expenses (including attorneys’ fees andcourt costs), regardless of the cause or alleged cause thereof,and regardless of whether such matters are groundless, fraudulent or false, arising out of any actual or alleged:
(b) Death of or injury to any person, damage to any property,or any other damage or loss, by whomsoever suffered, resultingor claimed to result in whole or in part from any actual oralleged use of or latent or patent defect in, such Merchandise,including but not limited to:
(i) Any actual or alleged failure to provide adequate warnings,labelings (sic) or instructions,
(ii) Any actual or alleged improper construction or design of said Merchandise, or
(iii) Any actual or alleged failure of said merchandise to comply with specifications or with any express or implied warranties of Supplier.
And, here is another: Indemnification
a) __________ shall indemnify, defend and hold __________,its parent, subsidiary, and affiliated corporations, and theirrespective officers, directors, employees, and agents, harmlessfrom and against any and all liability, claims, and damages(including reasonable fees of an attorney of __________’schoice) arising from or in connection with the Products including,but not limited to: (i) claims for property damage, personal injuryor death; (ii) claims by governmental agencies; and (iii) claimsfor refunds or credits due to the weight of the packages or poorquality.
b) This indemnification shall not apply to the following: i) liability,claims, and damages which are caused solely by the negligenceor intentional misconduct of _________.
What does the above really mean? It means those retailers can push all responsibility for the production of safe food on to others. Simply put, you may well think that the retailer actually cares that the food you buy from them is safe, but they have spent much on lawyer fees to make the reality something very different. And, when you consider that those same retailers can also set the price they will pay for the produce that they buy, they also deny the pennies that brokers, shippers and farmers need for fair profits, fair wages and food safety. Retailers know that when brokers, shippers and farmers sign these contracts, and say a spinach E. coli outbreak sickens 200, killing five, or a Listeria cantaloupe outbreak sickens 147, killing 33, the retailer can talk about safe food but never really pay for it. The only ones who pay for it are sick consumers.