¶ … Tasty Foods Corporation is wholesale grocery company. Sophie is President of Tasty Foods, Will is Vice President. Uri is a government agent, likely from the USDA, who uncovered unsanitary conditions caused by Vic, a Tasty Foods Employee. Will meets with Uri and assures him that the anomalies will be immediately corrected, likely to avoid a citation. A later inspection reveals that the corrections did not take place. Sophie has not been made aware of any of these issues, nor has she been briefed by Will on his promise or lack of action. Has an actual crime been committed? Can Tasty Foods be convicted for anything?

RULE OF LAW: Two rules of law exist when dealing with the sanitation issues of food establishment, Federal and State. The FDA does not regulate restaurants and grocery stores (www.fda.gov), but assists in State and local agencies that do.

ANALYSIS: Without knowing the exact location...

However, it is likely that any state would have regulations based on their Department of Health, in the Food and Drug Branch. Depending on the circumstances of the law, civil as well as criminal penalties could be filed against Tasty Foods. However, there is no mention of a written warning or of due process in this case; simply a verbal exchange and warning that a problem should be addressed. The next step in the event would be a formal written citation from Uri, giving the company x days to solve the situation prior to a re-inspection.
CONCLUSION: With the present information, it is not likely that a criminal violation has occurred. Once a formal notice is given to Tasty Foods, then appropriate State rule of law applies based on the Department of Health regulations. Appropriate follow up would be necessary to ensure compliance with the relevant law.

Tasty Foods Legal…