Day 069 - 19 Dec 94 - Page 17


     
     1        taken."
     2
     3        Can you help us about this one, Dr. Gomez Gonzalez?
     4        A.  Yes, I can.
     5
     6   Q.   So far as the Tyson process is concerned, what possibility
     7        or probability is there that a piece of chicken could leave
     8        their premises in a frozen state with bad bruising and in a
     9        condition where, when it is defrosted, it has a very bad
    10        smell?
    11        A.  None.
    12
    13   Q.   No prospect?
    14        A.  No possibility.  The product -- they have their own
    15        supply of chicken, so the product will arrive at the plant
    16        and will be processed within a day.  There is not enough
    17        time for the meat to spoil.  It is processed within a few
    18        hours, once the chicken is dead.  It is frozen with what is
    19        called an instant quick freezer, which means it is
    20        immediately frozen; and that product leaves the plant
    21        immediately; we do not store product there.  So there is
    22        not a chance that it could have left that facility under
    23        those conditions.
    24
    25        In addition to that, any bruised meat does not -- an
    26        inspector will condemn that meat.  In addition to that, we
    27        have our own production people, as well as our quality
    28        assurance people, that will ensure that that does not
    29        happen.
    30
    31   Q.   What, then, does this history -- assuming it were right;
    32        one must not assume that of course -- but assuming it were
    33        right, what does it suggest was the stage at which this
    34        product became damaged?
    35        A.  From looking at the information that is provided here,
    36        what probably happened is that the consumer thaw out the
    37        product and probably refroze it again and damaged the
    38        product itself, and then made a claim.
    39
    40   Q.   Is it possible that it could have been unfrozen and
    41        bruised, and then refrozen not by Tysons, but by the
    42        company to whom Tysons supplied the chicken?
    43        A.  That is the only option I can think of.  The product
    44        will not spoil while it is frozen, will not smell when it
    45        is frozen.  That leaves the only possibility that the
    46        consumer abused the product and probably raised the code
    47        date, because it probably had been in his freezer for a
    48        long, long time.
    49
    50   MR. JUSTICE BELL:  It could either the person who bought it from 
    51        the store or the store; you are just saying that it must 
    52        have happened somewhere after leaving Tysons, are you? 
    53        A.  That is correct.
    54
    55   MR. RAMPTON:  Can I ask you a couple of questions about
    56        freezing?  This plant at Nashville, Arkansas, we saw a
    57        moment ago, they have maybe two others in Arkansas.  Is
    58        Arkansas big chicken country?
    59        A.  Yes.  It is the biggest chicken producing state in the
    60        country.

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