Whistleblower Protections in the Food Safety Modernization Act

What is the Food Safety The mission of the Food Integrity Campaign Whistleblower Modernization Act? (FIC) – a program of the Government Ac- countability Project (GAP) – is to enhance Protections in theThe Food Safety Modernization Act overall food integrity by protecting thewas signed into law by President rights of employees in the food industry and Food SafetyObama in January 2011. Aimed government who speak out against unsafe, unhealthy and inhumane practices. Modernization Actat making America’s food safer, thelaw contains the first private sectorwhistleblower protections enacted Contact Us! ~ 2011 ~specifically for the food industry,empowering millions of workers to Before you blow the whistle, know yourcome forward before harm occurs. rights. Know how you can speak out and protect yourself against retaliation. Or learnThe law safeguards “employees of how to blow the whistle and still remainentities involved in the manufactur- anonymous, if you prefer.ing, processing, packing, transporting,distribution, reception, holding, or We know how to help. The Governmentimportation of food who provide in- Accountability Project, the nation’s leadingformation relating to any violation of whistleblower protection and advocacy or-the Federal Food, Drug and Cosmetic ganization since 1977, provides confidential expert legal advice and counseling to workersAct.” Therefore, workers who report who expose wrongdoing on the job. We offerFDA violations are covered. independent and objective information – and we’ll protect your privacy. What Foods are Regulated by the FDA? Please visit our FIC website at foodwhistleblower.org or callCommon ones! With the exception of 1-877-623-6636.meat, poultry and some egg products,the FDA regulates virtually all food. Government Accountability ProjectThis includes fruit, vegetables, cereal, 1612 K St., NW, Suite #1100nuts, milk, cheese, baby food, and Washington, D.C. 20006 A Program of theeven pet food. 202-457-0034 Government Accountability Project

The Food Safety Modernization Act What Is Considered Retaliation? • Job terminationThis act provides sweeping protections for private sector food in- • Demotiondustry employees who report a violation of food laws enforced by • Suspensionthe Food and Drug Administration (FDA). Employers may NOT • Threatretaliate against an employee who blows the whistle on any viola- • Harassment or other discrimination fortion of these laws. engaging in whistleblowing Victims of Retaliation MayWho Is Protected? Receive:An employee who discloses a food safety violation to the proper authorities • Job Reinstatement Example: A peanut butter plant manager who is fired for providing FDA inspectors negative pathogen test results, OR a forklift operator who is • Back pay plus interest transferred to another facility for notifying the FDA that animal droppings • Restoration of all terms, conditions, are adulterating fresh produce. and privileges associated with the job • Reimbursement by employer for legal costs and expenses A worker who refuses to engage in activity that could harm consumers. Example: A line worker who refuses to package eggs she reasonably believes could be contaminated with salmonella, OR a trucker who refuses to transport imported If You Are Retaliated Against goods that don’t meet safety standards. for Whistleblowing: Don’t hesitate – give GAP a call! We want to help,An employee that participates in any legal or government proceed- and advise you on how to proceed with your case:ing related to Food Safety Modernization Act violations Example: A worker who is threatened by a superior for cooperating with 1-877-623-6636 FDA investigators or who serves as a witness in a whistleblower case. You can also file a complaint with the Depart- ment of Labor’s Occupational Safety and Health Not all food industry employees are protected under the law. The Food Safety Modernization Administration (OSHA). You can contact your Act covers violations of FDA regulations – generally not USDA violations – but other whistleblower regional office directly (info at http://www.osha. protections may apply to you! To find out more, please contact GAP! gov/html/Ramap.html) or make a toll-free call to 1-800-321-OSHA

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Whistleblower Protections in the Food Safety Modernization Act

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