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Essay / Research Paper Abstract
A 6 page discussion of California law as it relates to food contamination. The author outlines a fictional case involving contaminated ice cream, a case in which tort law is probably more applicable than food contamination laws. An analysis is presented regarding the burden of proof facing the plaintiff in regard to proving negligence on the part of the ice cream manufacturer. Bibliography lists 4 sources.
Page Count:
6 pages (~225 words per page)
File: AM2_PPlawCaF.rtf
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Unformatted sample text from the term paper:
his home, and partially consumes ice cream which he subsequently discovers is contaminated with a foreign non-food object. The object, a tampon, is later determined to have been contaminated
with human blood which is infected with hepatitis. Paul is later tested and found positive for hepatitis. Pauls case is further complicated, however, by the fact that he
was recently notified that the cadaver-extracted insulin supply he had been using was also contaminated with the hepatitis virus. Paul chooses to sue the ice cream company, Cholesterol Gourmet
Corp. Issues Did an entity other than Paul
introduce the contamination into the ice cream? Can Cholesterol Gourmet Corp. be proven guilty of negligence?
If so was this negligence willful and wanton? Rule of Law
California code 113967 requires that no employee shall commit any act that results in the contamination of food, food contact surfaces or equipment and code 12275 provides
specific examples of acts which are to be prevented in regard to employee handling of food. These codes include numerous requirements for employee personal hygiene such as hand washing,
fingernail care, clothing cleanliness, etc. The acts even prevent such actions as spitting on the floor and allowing the food to become contaminated with perspiration, hair, and medicaments.
Code 12280 even requires that toilet lines be kept separated from industrial waste lines, that discharges of toilets and urinals be kept separate from other facility waste products to a
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