Day 069 - 19 Dec 94 - Page 15


     
     1        Over the page:  "Warehouse, Greenfield, South Carolina, who
     2        advised this product was purchased through Tyson and was
     3        processed in Nashville.  Contacted Dr. Hemphill over
     4        Epidemiology Branch, who said they would not make a case
     5        file of this complaint since product was raw and prepared
     6        by the consumer.  Discussed with David Keith, Supervisor,
     7        of Tyson Foods, who said their firm did process chicken
     8        drumsticks under this labelling.  Supervisory comment:
     9        information obtained is not conclusive enough on plant of
    10        origin to forward this complaint.  The original will be
    11        filed at the Sub Area with a copy to the Area."
    12
    13        Have you spoken to Tysons about this incident?
    14        A.  Yes, I have.
    15
    16   Q.   What did they tell you?
    17        A.  Basically, the same things that are written here, that
    18        they are not sure about the origin of products; they do
    19        make those kinds of product.  Secondly, it is a raw product
    20        that they sell, and the consumer is the one who cooks it.
    21        So, therefore, for that reason there is not enough -- we
    22        are not liable for what the consumer does to the product.
    23        Third, it is an incident where it seems to be a food-borne
    24        illness, which is documented here in this form, and that
    25        could take place from many other things that the consumers
    26        ate prior to eating what they are supposed or alleged,
    27        Tyson products.
    28
    29        It is for this reason -- and taking into consideration the
    30        pounds that this plant produces of chicken -- when you have
    31        two cases, and Winn Dixie, which is a big retail store  --
    32        bigger than anything I have seen here in London -- if they
    33        had a case of food poisoning, it would have been a lot more
    34        than just two complaints.  So when the inspector visited
    35        their plants and follow up, they found no evidence of
    36        neglect that could be attributed to Tysons.
    37
    38   Q.   Can we pass on to the next one?  I will do these now as
    39        quickly as I can, Dr. Gomez Gonzalez.  The complainant here
    40        seems to have been Mr. Joseph Smith.  The item of chicken
    41        was something called a Rock Cornish Game Hen.  What is
    42        that?
    43        A.  It is a small -- basically, it is a small hen, a small
    44        bird, small chicken.
    45
    46   Q.   It was supplied by Tyson Poultry Inc. of Springdale,
    47        Arkansas.  Does that plant supply McDonald's or not?
    48        A.  No, they do not.
    49
    50   Q.   Is that a plant that you, yourself, have visited or not? 
    51        A.  No, I have not. 
    52 
    53   Q.   This is a complete bird then, was it, that was sold?
    54        A.  That is correct.
    55
    56   Q.   It is said that he became ill 10 to 12 hours, apparently,
    57        after eating the product.  The foreign object which was
    58        said to have been found inside it might have been, or
    59        appeared to be a chicken gizzard which was not cut or
    60        inside cleaned out.  He said, did Mr. Smith, that he was

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