Day 095 - 02 Mar 95 - Page 40
1 retained/rejecting tag." Is that correct?
2 A. Yes, it is.
3
4 Q. Then it says on the next sentence that if it is defined as
5 a "major" deficiency it is up to the discretion of the
6 inspector whether they put a tag on it?
7 A. That is correct.
8
9 Q. If we go over the page, page 5, at the bottom of the page
10 it says on point 5: "There is a weekly conference or at
11 least weekly with plant management to check up on whether
12 corrective and preventative action on noted deficiencies
13 and deviations has taken place." Is that what they do?
14 A. I did not read it, but, yes.
15
16 Q. That is what happens, though, there is a weekly ----
17 A. There are daily meetings.
18
19 Q. Daily meetings, OK. At least weekly anyway. If we go on
20 to page 7 it says: "Deficiency Classification Guide." The
21 second sentence: "If tasks reveal that the plant is
22 properly controlled production and initiated corrective
23 action when problems arise within a process."
24 A. Sorry, page 7?
25
26 Q. Page 7 at the bottom.
27
28 MR. JUSTICE BELL: The second sentence in the first paragraph.
29 A. OK, yes.
30
31 MR. MORRIS: "If tasks reveal that the plant is properly
32 controlled production and initiated corrective action when
33 problems arise within a process, the inspector will not
34 record deficiencies." So if something is immediately
35 corrected it is not recorded as a deficiency?
36 A. That is what it says, yes.
37
38 Q. Then if we look at the actual classification underneath, if
39 you look at the sentence underneath, sorry, the sentence
40 hat starts "A critical deficiency", do you see that
41 sentence?
42 A. Yes.
43
44 Q. "A critical deficiency must show certain in A, B and C. So
45 for something to be defined as "critical" it would have to
46 be certain that it will result in adulterated or
47 misbranded, mislabelled products, that the product is
48 certain to reach consumers and is certain to have a
49 detrimental effect on customers". Underneath it defines
50 "certain", "likely", "potential" and "detrimental",
51 "certain" being inevitable with 95 per cent probability.
52 Do you accept that that is what their classification is?
53 A. Yes, I do accept all of the regulations here. Do you
54 have a specific question?
55
56 Q. I am just trying to check that this is their official ----
57 A. It is their official. That is what I said.
58
59 Q. --- thing. I have no more to say on that.
60
