Atlas Insurance Magazine Atlas Insurance Magazine Spring 2017 | Page 7

PRODUCT RECALL Beware Of Food Contamination Risks BY: RUSSELL PARK ATLAS INSURANCE Product Recall I n this day and age of a global economy and supply chains, the U.S. is securing more food products from abroad than ever before. The myriad of product manufacturers and suppliers often operate in environments that are free from the regulation, standards or enforcement that we’ve come to expect as consumers of American food products. As consumption expands, so too will the difference between product quality expectation and reality. When product deficiencies pose a real threat to the public, government regulation will immediately demand recall of the products. It is no surprise, therefore, that product recall events are on the rise. In fact, new FDA rules under the Food Safety Modernization Act will enact stricter standards and greater penalties for those manufacturing and serving food products in the U.S. Criminalization of these infractions are expected to set a new standard of safety that is great for consumers, but could cut into profitability for those in the food industry, and even worse, result in jail time for proven offenders. As busy consumers, we work hard to enjoy the luxuries of eating out or buying prepared foods from outside establishments. In doing so, we consume an array of imported foods -- think scallops from the Philippines, eggs from the U.S. mainland, beef from New Zealand, fish from Iceland and so on. If you are in the business of supplying these foods to consumers, are you ready for a potential recall of these products due to contamination or poor quality? After all, a product recall may be more apt to happen than a fire to your building. And you probably have insurance for that possibility. There are three basic ways to prepare for such a recall: 1. Have some rainy day funds available to finance the additional expense of tracking down the products, notifying the customers of such a recall, and collecting and disposing of the products. 2. Transfer the risk to an insurer by looking at Product Recall insurance (specific limits and deductibles should be tailored to fit your needs). 3. Transfer risk to the supplier or manufacturer in an enforceable written contract – with evidence that they can financially underwrite such a recall. This may entail changing to those that demonstrate proof of Product Recall insurance (Note: foreign distribution lines may be less prepared for recalls than the regulated domestic distributors). Beyond the recall costs, the simultaneous costs of food contamination liability and loss of revenue due to your tarnished reputation? Depending on where you are in the food chain (pun intended), even with a successfully completed recall, your business can still suffer. To prepare for the additional fallout, your agent can provide food contamination liability coverage, as well as explore reputation insurance. If you decide to transfer the risks to your supplier, you may decide it is not necessary to purchase your own protection. The point here is not to blindly purchase protection, but to evaluate your options before an event occurs, and dovetail your chosen solutions into a common sense cost- benefit plan that works well for your business. Your Atlas Insurance agent is available to consult with you regarding these options and will recommend the best solutions for your particular situation. + Russell Park is Senior Vice President – Property and Casualty. With nearly 30 years in the insurance industry, Russell’s experience includes insurance for real estate, retail, hospitality , and construction, focusing on complex coverage issues, contractual risk transfer, and alternative funding techniques such as self-insurance and captives. 7