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Charge: USDA Covers Up Diseased Chicken and Retaliates Against Whistleblowers

June 2, 2000

Washington, D.C. --- The U.S. Department of Agriculture deliberately covered up evidence of diseased chicken being approved for consumers, and attempted to retaliate against the meat inspectors who brought the problem to light, a group of 28 consumer and civic watchdog groups charged Thursday in a letter to Thomas Billy, director of the Food Safety and Inspection Service of USDA.

The letter charged that Billy himself showed total disregard for the
Whistleblower Protection Act when he said at a February 15 meeting with inspectors that employees who talked to reporters about the situation "should have anticipated that there may be some risks to those that are involved in it."

The diseased chicken was approved under a new experimental slaughterhouse inspection system that shifts much of the responsibility for inspection from federal inspectors to the company itself. (emphasis added)

Last fall when the new system began on a pilot basis at the Gold Kist plant in Guntersville, Alabama, meat inspectors expressed concern that the plant was allowing diseased chicken to enter the food supply. On February 6, there were news reports that adulterated chickens were being approved at the plant and processed as chicken nuggets for the school lunch program.

In response, a senior government manager was sent to the plant on February 8 and the Office of Inspector General began a "preliminary inquiry" on February 9.

"We have no reason to believe product leaving these Gold Kist plants is anything other than safe and wholesome," the USDA press release said. But internal agency documents reveal that the senior manager, Karen Henderson, confirmed most of the inspector's charges that diseased chicken was receiving the USDA seal.

As soon as she arrived the plant added two "sorters" to the three already on the line to examine the chickens for filth and disease. The plant also slowed the line speed from 130 birds a minute to 51. Even then she found that some diseased birds passed all company controls.

Company records show that before her visit the plant was producing 177,000 birds a day, and condemning only 5.5 per cent. After her visit the plant cut production to 115,000 birds a day and condemned 33 per cent.

"These facts present a classic example of the value and necessity of
whistleblowers," the letter to Billy said.

When the Office of Inspector General began its investigation, instead of determining the facts, investigators asked meat inspectors if they had released data to reporters, and whether they spoke to reporters while on or off duty, a question that clearly indicated an intention to seek disciplinary action against them.

Felicia Nestor, Food Safety Project Director at the Government Accountability Project, told members of the OIG staff by phone that these kinds of questions were illegal under the Whistleblower Protection Act. The response was to end the investigation, indicating that it's purpose was to punish the whistleblowers, not determine whether adulterated food was going out to consumers.

"We are especially concerned about this," the letter said, "because collusion to discredit whistleblowers is recognized as one of the prime motivations behind many retaliatory investigations."

"Your agency showed disrespect for its own inspectors and violated the public trust when you repeatedly led the public to believe that there was proof their allegations were wrong," the letter said.

Signing the letter, in addition to Nestor from GAP, were Joan Claybrook, resident of Public Citizen, Rodney Leonard, executive director of the Community Nutrition Institute, Joseph Mendelson, legal director of the Center for Food Safety, and representatives from 23 other civic and consumer protection organizations.

(Note: Copies of the letter and other documents available upon request)

Government Accountability Project
National Office
1612 K Street · Suite 400
Washington, DC 20006
202-408-0034 - fax: 202-408-9855 - Email: gap1@erols.com ·
Website: http://www.whistleblower.org/gap