While Nestle has fully complied with the investigation, the company for years refused inspector requests to voluntarily turn over some records not regularly required for submittal, according to the FDA.
When an inspector noticed “three live ant-like insects” near a powdered sugar dump station, dirty stainless steel utensils in the “cookie dough cleaning area” and “water or other clear liquid dripping from an overhead line in the liquid egg receiving bay” in 2006, some of the inspector’s requests for additional information were denied, according to the FDA.
The inspector inquired about the use of a camera, pest control records and a complaint log, among other records.
Nestle was not required to comply with the requests related to the Danville, Va., plant from inspectors in 2004, 2005, 2006 and 2007, although some companies do voluntarily disclose similar information to the agencies, FDA spokeswoman Stephanie Kwisnek said in an e-mail.
“Companies can attempt to make conditions on what they will or will not permit during an inspection, and some companies have a policy that they will outline this for our investigator at the beginning of the inspection,” Kwisnek said. “However, by law, they must provide the FDA with access to the records that the agency is entitled to under the Federal Food, Drug & Cosmetic Act and associated regulations.”
Nestle did provide access to those records.
The company issued a statement in response to initial reports on its refusal to voluntarily turn over some documents, rejecting the “implication that it did not cooperate with the FDA.”
“Nestle simply provided the FDA with all information required under the law,” the statement.
The agencies are continuing their investigation into the outbreak, which has sickened 69 people in 29 states since March.
ZAIN SHAUK covers education. He may be reached at (818) 637-3238 or by e-mail at zain.shauk@latimes.com.
