1. 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 the
The Food Safety Modernization Act overall food integrity by protecting the
was signed into law by President rights of employees in the food industry and Food Safety
Obama in January 2011. Aimed government who speak out against unsafe,
unhealthy and inhumane practices. Modernization Act
at making America’s food safer, the
law contains the first private sector
whistleblower protections enacted Contact Us! ~ 2011 ~
specifically for the food industry,
empowering millions of workers to Before you blow the whistle, know your
come forward before harm occurs. rights. Know how you can speak out and
protect yourself against retaliation. Or learn
The law safeguards “employees of how to blow the whistle and still remain
entities involved in the manufactur- anonymous, if you prefer.
ing, processing, packing, transporting,
distribution, reception, holding, or We know how to help. The Government
importation of food who provide in- Accountability Project, the nation’s leading
formation 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 workers
Act.” Therefore, workers who report
who expose wrongdoing on the job. We offer
FDA 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 call
Common ones! With the exception of 1-877-623-6636.
meat, poultry and some egg products,
the FDA regulates virtually all food. Government Accountability Project
This includes fruit, vegetables, cereal, 1612 K St., NW, Suite #1100
nuts, milk, cheese, baby food, and Washington, D.C. 20006
A Program of the
even pet food. 202-457-0034
Government Accountability Project

2. The Food Safety Modernization Act What Is Considered Retaliation?
• Job termination
This act provides sweeping protections for private sector food in- • Demotion
dustry employees who report a violation of food laws enforced by • Suspension
the Food and Drug Administration (FDA). Employers may NOT • Threat
retaliate against an employee who blows the whistle on any viola- • Harassment or other discrimination for
tion of these laws. engaging in whistleblowing
Victims of Retaliation May
Who 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