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Food and Beverage Contamination - Spoilage Expert Witnesses: 8

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Dr. Ewen Todd is a Food Safety Expert with over 45 years of knowledge and experience in general food safety and Food Microbiology Issues. Specifically, he has extensive experience in the reporting and surveillance of Foodborne Disease, as well as development of analytical methods for identifying foodborne pathogens. As a result of his work with the industry and his knowledge of foodborne disease, Dr. Todd has influenced research programs and regulatory approaches taken by the Health Protection Branch of Health Canada. In the US, he held the position of Director of the National Food Safety and Toxicology Center and the Food Safety Policy Center at Michigan State University.

A leader in microbial research, foodborne disease surveillance, costing of outbreaks, food safety policy, seafood toxins, standard-setting, risk assessment, risk management, and risk communication. He has worked in numerous countries educating and training, and collaborating to set up surveillance systems, food safety policies, regulations, and HACCP and other control strategies, including China, Cambodia, Japan, United Arab Emirates, Lebanon, Kuwait, Saudi Arabia, and Europe, as well as Canada and the USA. He is also familiar with food defense and food fraud issues, and waterborne disease. He is familiar with the US and Canadian food industry, both foodservice and food processing, HACCP, disease investigation, food, and equipment contamination.

Since leaving the Canadian government and entering academia and as a consultant, he has been an expert witness in 25 cases in both the U.S. and Canada where foodborne illnesses have occurred. He has testified on the behalf of plaintiffs who suffered from E. coli O157:H7, Campylobacter, Salmonella, ciguatoxin fish poisoning, yeast, and unknown agents. He has also represented defendants in two illness cases. Therefore, his litigation services are available for both Plaintiff and Defense.

Areas of Expertise

General Food Safety and Spoilage Issues
HACCP and GHP Systems
Standards for Poultry
Listeria Monocytogenes in Soft Cheeses
Standards for Poultry
Seafood Toxins
Food Workers
Investigation of Foodborne and Waterborne Illnesses
Foodborne Disease Surveillance Systems
Risk Assessment, Risk Management and Risk Governance
Safety of Aquaculture Systems
Norovirus in Elder Care and Other Facilities
Salmonella and Shigella in Schools and Child Care Centers
Salmonella in Tahini and Other Oil-based Foods
Escherichia coli O157:H7 in Leafy Greens
Staphylococcus aureus in Cheese, Clostridium botulinum in Canned or Preserved Food and Native American / Inuit Fermented Food
Listeria monocytogenes in Deli Meats and Soft Cheeses
Controlling Listeria monocytogenes in Ready-to-eat Foods
Hydrophobic Grid Membrane Filter Systems

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• View Dr. Todd's Curriculum Vitae

• Full Biography

• Peer-Reviewed Publications

9/26/2014 · Engineering

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 11. Use of Antiseptics and Sanitizers in Community Settings and Issues of Hand Hygiene Compliance in Health Care and Food Industries

By: Dr. Ewen Todd

Hand washing with soap is a practice that has long been recognized as a major barrier to the spread of disease in food production, preparation, and service and in health care settings, including hospitals, child care centers, and elder care facilities. Many of these settings present multiple opportunities for spread of pathogens within at-risk populations, and extra vigilance must be applied. Unfortunately, hand hygiene is not always carried out effectively, and both enteric and respiratory diseases are easily spread in these environments. Where water is limited or frequent hand hygiene is required on a daily basis, such as for many patients in hospitals and astronauts in space travel, instant sanitizers or sanitary wipes are thought to be an effective way of preventing contamination and spread of organisms among coworkers and others. Most concerns regarding compliance are associated with the health care field, but the food industry also must be considered.

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8/26/2014 · Engineering

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 10. Alcohol-Based Antiseptics for Hand Disinfection and a Comparison of Their Effectiveness with Soaps

By: Dr. Ewen Todd

Alcohol compounds are increasingly used as a substitute for hand washing in health care environments and some public places because these compounds are easy to use and do not require water or hand drying materials. However, the effectiveness of these compounds depends on how much soil (bioburden) is present on the hands. Workers in health care environments and other public places must wash their hands before using antiseptics and/or wearing gloves. However, alcohol-based antiseptics, also called rubs and sanitizers, can be very effective for rapidly destroying some pathogens by the action of the aqueous alcohol solution without the need for water or drying with towels.

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7/22/2014 · Engineering

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 9. Washing and Drying of Hands To Reduce Microbial Contamination

By: Dr. Ewen Todd

During various daily activities at home and work, hands quickly become contaminated. Some activities increase the risk of finger contamination by pathogens more than others, such as the use of toilet paper to clean up following a diarrheal episode, changing the diaper of a sick infant, blowing a nose, or touching raw food materials. Many foodborne outbreak investigation reports have identified the hands of food workers as the source of pathogens in the implicated food. The most convenient and efficient way of removing pathogens from hands is through hand washing. Important components of hand washing are potable water for rinsing and soaps to loosen microbes from the skin. Hand washing should occur after any activity that soils hands and certainly before preparing, serving, or eating food.

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6/12/2014 · Food & Beverage

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 8. Gloves as Barriers To Prevent Contamination of Food by Workers

By: Dr. Ewen Todd

The role played by food workers and other individuals in the contamination of food has been identified as an important contributing factor leading to foodborne outbreaks. To prevent direct bare hand contact with food and food surfaces, many jurisdictions have made glove use compulsory for food production and preparation. When properly used, gloves can substantially reduce opportunities for food contamination. However, gloves have limitations and may become a source of contamination if they are punctured or improperly used. Experiments conducted in clinical and dental settings have revealed pinhole leaks in gloves.

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5/8/2014 · Food & Beverage

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 7. Barriers To Reduce Contamination of Food by Workers

By: Dr. Ewen Todd

Contamination of food and individuals by food workers has been identified as an important contributing factor during foodborne illness investigations. Physical and chemical barriers to prevent microbial contamination of food are hurdles that block or reduce the transfer of pathogens to the food surface from the hands of a food worker, from other foods, or from the environment. In food service operations, direct contact of food by hands should be prevented by the use of barriers, especially when gloves are not worn. Although these barriers have been used for decades in food processing and food service operations, their effectiveness is sometimes questioned or their use may be ignored. Physical barriers include properly engineered building walls and doors to minimize the flow of outside particles and pests to food storage and food preparation areas; food shields to prevent aerosol contamination of displayed food by customers and workers; work clothing designated strictly for work (clothing worn outdoors can carry undesirable microorganisms, including pathogens from infected family members, into the work environment); and utensils such as spoons, tongs, and deli papers to prevent direct contact between hands and the food being prepared or served. Money and ready-to-eat foods should be handled as two separate operations, preferably by two workers.

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4/8/2014 · Food & Beverage

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 6. Transmission and Survival of Pathogens in the Food Processing and Preparation Environment

By: Dr. Ewen Todd

This article, the sixth in a series reviewing the role of food workers in foodborne outbreaks, describes the source and means of pathogen transfer. The transmission and survival of enteric pathogens in the food processing and preparation environment through human and raw food sources is reviewed, with the main objective of providing information critical to the reduction of illness due to foodborne outbreaks. Pathogens in the food preparation area can originate from infected food workers, raw foods, or other environmental sources. These pathogens can then spread within food preparation or processing facilities through sometimes complex pathways and may infect one or more workers or the consumer of foods processed or prepared by these infected workers.

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2/28/2014 · Food & Beverage

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 5. Sources of Contamination and Pathogen Excretion from Infected Persons

By: Dr. Ewen Todd

In this article, the fifth in a series reviewing the role of food workers in foodborne outbreaks, background information on the routes of infection for food workers is considered. Contamination most frequently occurs via the fecal-oral route, when pathogens are present in the feces of ill, convalescent, or otherwise colonized persons. It is difficult for managers of food operations to identify food workers who may be excreting pathogens, even when these workers report their illnesses, because workers can shed pathogens during the prodrome phase of illness or can be long-term excretors or asymptomatic carriers.

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1/27/2014 · Food & Beverage

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 4. Infective Doses and Pathogen Carriage

By: Dr. Ewen Todd

In this article, the fourth in a series reviewing the role of food workers in foodborne outbreaks, background information on the presence of enteric pathogens in the community, the numbers of organisms required to initiate an infection, and the length of carriage are presented. Although workers have been implicated in outbreaks, they were not always aware of their infections, either because they were in the prodromic phase before symptoms began or because they were asymptomatic carriers.

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4/16/2013 · Food & Beverage

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 3. Factors Contributing to Outbreaks and Description of Outbreak Categories

By: Dr. Ewen Todd

In this article, the third in a series of several reviewing the role of food workers in 816 foodborne outbreaks, factors contributing to outbreaks and descriptions of different categories of worker involvement are discussed.

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3/13/2013 · Food & Beverage

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 2. Description of Outbreaks by Size, Severity, and Settings

By: Dr. Ewen Todd

This article is the second in a series of several by members of the Committee on the Control of Foodborne Illness of the International Association of Food Protection, and it continues the analysis of 816 outbreaks where food workers were implicated in the spread of foodborne disease.

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1/23/2013 · Food & Beverage

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease - Part 1: Description of the Problem, Methods, and Agents Involved

By: Dr. Ewen Todd

Food workers in many settings have been responsible for foodborne disease outbreaks for decades, and there is no indication that this is diminishing. The Committee on Control of Foodborne Illnesses of the International Association for Food Protection was tasked with collecting and evaluating any data on worker-associated outbreaks.

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Karl L. Linck, PE, is an expert in Food Industry Production and Packaging with over 45 years of experience. A Professional Engineer in WI, IL, AZ, CA, FL, and ID, his main area of experience is with Sanitary Systems and their Design in Hygienic Food Processing.

Litigation Support - Along with design of many food processing / packaging systems and engineering department development and leadership, Mr. Linck has provided expert witness testimony for cases involving IP and Contract issues. His services are available to attorneys representing plaintiff and defendant and include site inspection, thorough reporting, depositions, and trial testimony as needed.

Areas of Expertise:

Sanitary Food Systems
Food Processing Systems
Food Processing Equipment
Facility Sanitary / Hygienic Design
Facility Automation
Site Selection

Equipment and Engineering Contracting
Packaging Material Engineering
Packaging / Production Line Efficiency
MAP - Modified Atmosphere Packaging
Food Packaging Systems / Equipment
Food Production Operations

Background Experience - Much of Mr. Linck's career has focused around dry, oils, refrigerated and frozen products in the pasta, natural cheese, processed cheese, appetizer, and entrée areas. He has led strategic growth of engineering functions, including procurement and customization of production equipment, production line layouts and facilities design, automation, packaging material engineering, site selection, and support engineering functions for all production operations and distribution/office needs.

From 1992 to 2019, Mr. Linck served as Vice President of Engineering for Sargento Foods, Inc., where he provided key technical direction and management critical to growth and assembled the engineering department to support innovation, improvements, and production support with proper engineering/technician skill sets, among other duties.

Mr. Linck is currently the sole proprietor and engineer for Karl Linck, Technical Consulting, where he specializes in engineering educational material development, manufacturing consulting, expert witness work, and expert advice for the food industry.

• Karl L. Linck's Curriculum Vitae

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Claire K. Sand, PhD, is a Global Packaging Technology Leader with over 35 years of Food Science and Packaging experience.

Dr. Sand is the owner and founder of Packaging Technology and Research, LLC. She is also an Adjunct Professor at Michigan State University and CalPoly, and a monthly contributor to Packaging Digest.

Dr. Sand's background includes working with Total Quality Marketing, Nestle, General Mills, Kraft Heinz, Safeway, and academia, as well as in basic research, development market research, and marketing in Germany, Colombia, and Thailand.

She is an IFT Fellow, a recipient of the Lifetime Achievement in Food Packaging Award , a member of numerous Editorial Boards, the author of the Packaging Value Chain, and is in several leadership positions.

Litigation Support - Dr. Claire Sand is an experienced food packaging expert witness for attorneys representing plaintiff and defendant. Claire has served as an expert witness in 18 cases since 2016, involving 8 patents, 4 food packaging and food spoilage cases, and 6 other cases.

Her cases include Food and Beverage, Packaging and Labeling, and Patent and Intellectual Property litigation and lawsuits. Dr. Sand is available to consult, construct and write expert reports, serve as expert in depositions and testify.

Areas of Expertise:

Patent Infringement and Invalidity - including patent infringement, patent invalidity, forensics related to patents and related lawsuits, design and utility patent infringement, food packaging patents, Patent or design infringement
Trademark, Trade Dress or Trade Secret Disputes
Food Package Interactions - including food damage and spoilage, food packaging safety, foods and how packaging interacts with food,
Food Package Design - including flexible film, rigid packaging - bottles, cans jars, etc., semi-rigid packaging- foam trays, Food packaging product development, Integrity of packaged goods for warehousing
Food Package and Packaging Forensics - including failure analysis, defective packaging
Material Science - including paperboard, polymers and plastics
Probable Cause in Food Packaging Contamination
Food Package Testing
Food Packaging FDA Regulations & GMPs
Food Packaging Machinery / Line Operations

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• Dr. Claire K. Sand's Curriculum VItae

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Dennis Gemberling, CHA, CFBE, FMP, FCSI, President and Founder of Perry Group International, has over 35 years of experience in the Hospitality Management industry. His experience includes managing, operating, and consulting on full-service, limited-service, extended-stay, all-suite, condo and timeshare hotels and resorts, casual, fine-dining, and quick-service restaurants, bars and nightclubs, catering and special event facilities, casinos, and mixed-use real estate.

Mr. Gemberling has held prior positions for different owners, operators, and chains as Senior Vice President, General Manager, Director of Food & Beverage, and Restaurant Unit Manager. He has been retained on over 400 projects with typical values in the $1 million to $75 million range and revenues in the $1 million to $100 million range both nationally and internationally. His many clients have include among others Biscuits & Blues, Cantina’s, Chevy’s, Choice Hotels, Embassy Suites, Hampton Inns, Hilton, Holiday Inns, Hooter’s Casino, Hyatt, Marriott, McDonald’s, Microtel Inn & Suites, Outback Restaurants, Radisson, Residence Inns, Signature Resort, Sizzler, Sonic Drive-Ins, Starbucks, Starwood, Sheraton, Togo’s, Wendy’s, and Willie Mays Skybox Lounge.

Litigation Support: Dennis Gemberling is a Certified Hotel Administrator, Certified Food and Beverage Executive, Certified Foodservice Management Professional, and Certified Food Safety Manager. He offers expert witness services to attorneys for plaintiff and defendant cases on a variety of Hospitality-related claims. He is a Professional Member of Foodservice Consultants Society International and the Forensic Expert Witness Association. Mr. Gemberling also provides expertise as a Court Appointed Receiver and Interim Property Manager and is currently the Past President and a Board of Director for the California Receivers Forum – Bay Area Chapter.

Areas of Expertise:

Management & Operations
Income Analysis & Valuation
Employment, Hiring & Labor Issues
Lost Profits & Future Earnings
Business Interruption
Planning & Feasibility
Upkeep & Maintenance
Customs & Trade Practices
Standards of Care

Franchise, Management & Operator Contracts
Brand, Franchise, Franchisee Apparent Agency Issues
Safety & Security
Contractor & Entertainment Use
Food & Alcoholic Beverage Handling
Costs, Economic & Marketing Impact
Procurement & Purchasing
Landlord / Tenant, Operator & HOA Issues
Discrimination & Harassment
Construction or FF&E Problems

View Dennis Gemberling's Consulting Profile.

• Biography

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• Clients

• Articles

• Blog

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Catherine Adams Food Safety Expert Photo

Catherine Adams Hutt, PhD, RD, CFS, has senior public and private experience as a Chief Science & Regulatory Officer in the Food Safety Industry. She is a Registered Dietitian and Certified Food Scientist.

With experience in the public and private sectors, Dr. Adams Hutt provides advice and guidance on a wide range of topics, including regulatory compliance, food safety, quality systems management, supply chain, health and wellness, business strategy, product development, and software solutions for management of quality and product development processes.

Dr. Adams Hutt was formerly Chief Quality, Food Safety, and Nutrition Officer for McDonald’s Corporation and led Supplier and Restaurant Food Safety teams for YUM! Brands. She was Chief Quality Officer for Coors Brewing Company, led the North America Quality team at H.J. Heinz, and developed next generation Quality programs for the Campbell Soup Company. Dr. Adams Hutt was Assistant Administrator for the US Department of Agriculture’s Food Safety and Inspection Service (FSIS) where she led the development of HACCP as a regulatory tool. She has been an active participant in international programs, and led the U.S Delegation for the Codex Food Hygiene Committee.

Litigation Support - Catherine Adams Hutt has high-level training and senior experience in a variety of food related fields, including food manufacturing, food service, food regulations, and nutrition. Her diverse background makes her ideally suited for challenging cases where it is important or helpful to be able to integrate information from a number of different disciplines. Her professional experience is truly unique and her credentials make her unimpeachable. Most of Dr. Adams Hutt's cases are settled before going to trial on the strength of her expert opinion. She has experience with both deposition and trial, understanding the art of the exercise, and works to deliver the optimal results for her clients - plaintiff or defendant.

Areas of Expertise:

Food Safety
Food Manufacturing
Nutrition
Foodborne Illness
Food Fraud
Food Forensics

Food Poisoning

Food Adulteration

Dietary Supplements

Food Labeling

Quality Management

Health Claims

Texas Office
4568 Elm Bottom Circle
Aubrey, TX 76227

Virginia Office
124 South Fairfax
Alexandria, VA 22314

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David Rutecki's career spans 39 years of Restaurant and Hospitality related experience. Working in more than 20 restaurants and involved in the opening of more than a dozen, he has worked every position possible within this industry. Mr. Rutecki currently owns and operates Mountain Deli in Hendersonville, garnering the 2016, 2017 & 2018 Blue Ridge Growth Award. He is a Member of the North Carolina and National Restaurant Associations. Mr. Rutecki has been invloved in the following selected restaurants:

Fancy’s Food and Wine, Gourmet Shop, Coral Gables, South Miami & Grove Isle, Fl.
Susie’s Bagels, Breakfast Restaurant, South Miami, Fl.
Pizzaria Uno, Full Service Restaurant, Miami, Fl.
Baystreet, Full Service Seafood Restaurant, Miami, Fl.
Rusty Pelican, Upscale Seafood, Key Biscayne, Miami, Fl.
Rudolph's BBQ, Upscale BBQ, Miami, Fl.
Signature Gardens, Upscale Catering Hall, Miami, Fl.
Chart House, Upscale Seafood, Coconut grove, Fl.
Cafe Tu Tu Tango, Coconut Grove, Fl.
Gatsby’s, Upscale Billiards and Cigar Bar, Boca Raton, Fl.
Prezzo, Casual Italian, Boca Raton, Fl.
Maxwell’s Chophouse, Upscale Steakhouse, Boca Raton, Fl.
Mountain Deli, Delicatessen, Downtown Hendersonville, NC
Tabica Grill, Upscale American, Jupiter, Fl.
Jonathon's Landing Marina Club, Upscale Boating Club, Jupiter, Fl
Jetty's, Upscale Seafood, Jupiter, Fl.
Austin Grill, Casual, Washington, DC.

Litigation Support - David Rutecki offers expert witness and litigation support for restaurant related issues in the United States. His services are available to counsel representing both Plaintiff and Defendant. Areas of Expertise:

Restaurant and Kitchen Design, Menu Development
Food Safety and Sanitation
Bar Operations & Liquor Liability... Dram Shop
Safety & Security - Slips, Trips and Falls
Daily Operations & Management, Employee & Staffing Issues
Retail Operations
Staff & Mgmt Training Programs & Handbooks
Business Plan Development

• David Rutecki's Curriculum Vitae

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Ted Simon Environemntal Toxicology Expert Photo

Ted W. Simon, PhD, DABT, is an award winning Environmental Toxicologist and Scientist. His expertise is in toxicology, risk assessment, mathematical modeling, statistics, neuroscience, and environmental / ecological health issues.

Dr. Simon has over 10 years of experience as a toxicologist employed by the Environmental Protection Agency (EPA). He served as EPA’s senior toxicologist in the waste management division working on risk and soil cleanup.

Teaching Experience - Since 2001, Dr. Simon has served as an Instructor / Adjunct Professor in the Department of Environmental Health Science, College of Public Health, at the University of Georgia.

Public Speaker - Well published, including the author of a textbook on toxicology and environmental risk assessment, Dr. Simon has extensive national and international public speaking experience. Since 1996, he has been delivering seminars and lectures to universities and national institutes on many subjects within his area of expertise. In 2016, he delivered a lectures on “Bayesian Methods for Application of Uncertainty Factors,” to the Society of Toxicology Annual Meeting, New Orleans, LA, and “Quantitative Prediction of Phenotypic Change from High Throughput Assay Results,” to the EPA's Workshop on In Vitro to In Vivo Extrapolation, Research Triangle Park, NC.

Litigation Support - Dr. Simon has over 15 years of experience offering expert witness services to counsel representing both plaintiff and defendant. He has been retained over 20 times since 2000 for cases involving environmental risk, drug and alcohol cases, DUI, accidental poisoning, and intellectual property. Dr. Simon has particular expertise in dioxin-like chemicals and polychlorinated biphenyls (PCBs). His services include consulting, reports, deposition, and trial testimony when necessary.

Areas of Expertise:

Dioxins
PCBs
Drugs
Alcohol
Poisoning
DUI / DWI
Water Contamination
Soil Contamination
Environmental Risk Assessment

Environmental Toxicology

Carcinogenicity

Food Contamination

Pesticides

Fracking

Lead

Marijuana

Polychlorinated Biphenyls

Intellectual Property

• Dr. Simon's Curriculum Vitae

9/26/2016 · Environment

Just Who Is At Risk? The Ethics of Environmental Regulation

By: Dr. Ted Simon

The willingness to view risk as part of daily life has vanished. A risk-averse mindset among environmental regulators engenders confusion between the ethics of intention and the ethics of consequence, leading to the elevation of the precautionary principle with unintended and often unfortunate outcomes. Environmental risk assessment is conservative, but the actual level of conservatism cannot be determined. High-end exposure assumptions and current toxicity criteria from the USEPA, based on linear extrapolation for carcinogens and default uncertainty factors for systemic toxicants, obscure the degree of conservatism in risk assessments. Ideally, one could choose a percentile of the target population to include within environmental standards, but this choice is complicated by the food, pharmaceutical and advertising industries, whose activities, inadvertent or not, often promote maladaptive and unhealthy lifestyle choices.

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Kenneth Kuscher is fully qualified Food Safety expert witness by knowledge, education, training, and experience (as per rule 702). Mr. Kuscher nearly 40 years of extensive experience hands-on operational experience. In addition, he has extensive teaching experience at the college level, including food safety instruction.

Areas of Expertise: Food Safety, Food Illness, Food Poisoning, Food Serving, Restaurant Accidents, Food and Beverage Spills, Proper Food Cooking, Food Temperature Cooking, Food Holding Temperatures, E.Coli Prevention and all Viruses, Coffee Spills at Drive Thru, Food Safety

• Kenneth Kuscher's Curriculum Vitae

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expert witnesses

Food and Beverage Contamination - Spoilage Expert Witnesses: 8

Food Safety Foodborne Illness Expert Witness Ewen Todd

Food Industry Production Expert Witness Karl Linck

Packaging Technology Expert Witness Claire Sand

Hospitality Management Expert Witness Dennis Gemberling

Food Safety Expert Witness Catherine Adams Hutt

Restaurant Hospitality Expert Witness David Rutecki

Environmental Toxicology Expert Witness Ted Simon

Food Safety Expert Witniss Kenneth Kuscher

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