1. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. 1 FSMA to Feed to Liability Lance Reeve Sr. Risk Mgt. Consultant Food Safety and Food Defense Systems

2. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Disclaimer The information included in this presentation and accompanying materials was obtained from sources believed to be reliable, Nationwide® Mutual Insurance Company and its employees make no guarantee of results and assume no liability in connection with any training, materials, suggestions or information provided. It is the user’s responsibility to confirm compliance with any applicable local, state or federal regulations. Information obtained from or via Nationwide® Mutual Insurance Company should not be used as the basis for legal advice or other advice, but should be confirmed with alternative sources.

3. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Food Safety Modernization Act (FSMA) – New regulations for production of animal feed Attorney Perspective – What is a reasonable standard for an animal exhibitor? Insurance/Risk Management Perspective – What do we look for when visiting a farm with agritourism? Topics

4. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. FSMA Animal Food Rules (At a Glance) Current Good Manufacturing Practices (CGMPs) –Standards for producing safe animal food –Flexibility for wide diversity in types of facilities –Topics such as: Plant and Grounds Sanitation Water supply Equipment and Utensils Holding and Distribution

5. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. FSMA Animal Food Rules (At a Glance) Food Safety Plan –Hazard analysis Biological, Chemical and Physical –Biological traditionally not evaluated in animal feed for livestock –Typically no “kill step” in a feed mill –Preventive Controls Measures required to ensure hazards requiring a preventive control will be minimized or prevented

6. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. FSMA Animal Food Rules (At a Glance) Exemptions –Primary production farm Farm raises beef cattle and operates a feed mill for their cattle –Feed mills associated with fully vertically integrated farming operations (feed mills, land and animals all owned by the same entity) Note: FDA remains concerned that not having these operations subject to the PC rules leaves a gap in protection of human and animal health

7. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Attorney Perspective “According to Marler” “I think counties and states may have to reassess whether it is worth having fairs, petting zoos, and other events that bring people in close contact with animals,” suggests prominent food litigation lawyer William Marler of the Seattle law firm Marler Clark. “I know it sounds un-American, but we are now having outbreaks of E. coli O157:H7 linked to these events almost on a yearly basis,” Marler told Food Protection Report.

8. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Attorney Perspective “According to Marler” Suit filed on behalf of 12 families against Lane County, OR from Aug. 2002 outbreak –Suit withdrawn in Oct. 2004 “You can test animals to see if they carry E. coli O157:H7, and if they do, exclude them from human contact,” “We may have to rethink whether fairs and other venues are something we really have to have,”

9. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Attorney Perspective “According to Marler” If we want petting zoos we need rules to deal with these bugs that are far more deadly than many that plagued our great grandparents. If we want to protect children and save petting animals, we do need “A Petting Zoo Preservation Act.”

10. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Attorney Perspective “According to Marler” “Under premises liability law, the entity or entities responsible for managing an animal exhibition have a duty of care to those it invites onto the premises. This duty includes the responsibility to adequately reduce risks the entity is or should be aware of. The duty also carries a responsibility to warn fairgoers of risks present at the exhibition,” according to Marler.

11. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Attorney Perspective “According to Marler” “To successfully bring a negligence claim, a sickened person would need to show that the actions of an animal exhibitor fell below a reasonable standard of care in the operation of the exhibit,” according to Marler. –Sources for Attorney Perspective Slides: Food Safety News/Publishers Platform Food Protection Report

12. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Insurance/Risk Management Perspective Agritourism – What We Insure Bed and Breakfast Events Haunted Attractions Hay/Sleigh Rides Horse Hotels Petting Zoo Playgrounds Public Tours Pumpkin Patch Winery/Vineyards

13. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Insurance Considerations Discuss changes in your operation with your Agent! –Review what you are planning to make sure coverage is in place before you start an activity or conduct an event Things to know: –What type of event? –Number of people on premise –Controls in place – what is already in place to create a safe environment for customers? –Do I need additional coverage for this event?

14. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Identifying Risks Around the Farm Liability Exposures Could your operation cause harm/damage to others? Could your product cause harm/damage to others? Could others be hurt while on your farm? Should I have visitors sign waivers?

15. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Risk Management Considerations Premises Considerations –Location –Operations –Fencing –Security Systems –Building Condition –Health inspector certificate or review –Trained food handlers –Parking –Attractive Nuisances –Hand wash stations –Signage –Housekeeping –Supervision of animals –Waiver of Liability

16. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Corn Maze Parking Fire More than 20 vehicles burned The smell of burned rubber and wisps of smoke remained along with the charred frames of more than 20 cars damaged in a blaze spread by wind in a wheat field.”

17. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Attractive Nuisances - Farm Chemicals Electricity Silos Manure lagoons/Pits Machinery Ponds Ladders Animals Unsecured vehicles Etc.

18. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Petting Zoos Hand washing stations Animal Temperament Customer Supervision Employee Communication Restrict food from animal areas Etc.

19. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Emergency Action Plan Run through “What If” scenarios –Fire –Medical –Weather –How do you direct your customers? –What role do your employees have?

20. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company.. All rights reserved. Thank You Lance Reeve Sr. Risk Mgt. Consultant Nationwide Agribusiness reevel2@nationwide.com