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

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