Food, Risk & Liability: More than Menu Planning

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Every good meeting professional knows to plan around food allergies and dietary restrictions. It’s good business. But it’s also the law. Expanding disability laws, stricter corporate liability laws, and new food labeling and disclosure laws are making food-related risk and liability a ripe topic for legislation and litigation. In this session, an industry lawyer and a meeting planner address questions that even seasoned meeting professionals may have: To whom do I owe a legal duty of care? Am I meeting it? And what is the personal and organizational risk for failing to? Learning objectives: • Define “duty of care” as it applies to persons with food allergies and dietary restrictions. • Assess the applicability of specific laws to food-related liability risk including those related to disability, health and safety, and corporate manslaughter. • Incorporate risk mitigation techniques to create best practices in planning for and executing food-related elements of meetings.
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  • 1. © August 2015 | Thrive! Meetings & Events | @tstuckrath © August 2015 | Thrive! Meetings & Events | @tstuckrath | @drtyra More than Menu Planning Food, Risk & Liability
  • 2. © August 2015 | Thrive! Meetings & Events | @tstuckrath millions peopleworldwide diabetes 347 food allergy 225 coeliac disease 53 vegetarian 27 vegan 1 chronic disease 38 obese 4550 religious 36 gluten intolerance 389
  • 3. © August 2015 | Thrive! Meetings & Events | @tstuckrath Elc #1 ELEVATING DUTYOFCARE
  • 4. © August 2015 | Thrive! Meetings & Events | @tstuckrath a Requirement with Watchfulness, Attention, Caution and Prudence Care of Others WHAT IS DUTY OF CARE?
  • 5. © August 2015 | Thrive! Meetings & Events | @tstuckrath Legal | Ethical | Financial OBLIGATION
  • 6. © August 2015 | Thrive! Meetings & Events | @tstuckrath Corporate Liability Disability Laws Allergen Labeling
 Laws Stock Epinephrine
  • 7. INTERNATIONAL TRENDS United Kingdom
 Corporate Manslaughter and Corporate Homicide Act of 2007 Australia
 Model Workplace Health and Safety United States
 Occupational Safety and Health Administration Act of 1970 Workers’ Compensation © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 8. SAFE ENVIRONMENTS • Outline potential hazards & threats • Ensure Worker Safety • Monitor health and safety of employees • Dispense health and safety advice • Track location conditions • Maintain Employee records TRAVELMANAGEMENT © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 9. DISABILITYAND NON-DISCRIMINATION LAWS MAJOR LIFE ACTIVITIES Disability: a physical or mental impairment that substantially limits one or more major life activities Accessibility: that people with disabilities have access, on an equal basis with others, to goods and services. Obligation: to make reasonable adjustments to help disabled individuals access their goods, facilities and services. © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 10. © August 2015 | Thrive! Meetings & Events | @tstuckrath FoodAllergies & the Law • FALCPA • FAAMA • Food Allergy Awareness Act • GF Labeling • EU 1169 • UK Medicines Act • Epinephrine
  • 11. FOODSAFETY © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 12. FOODSAFETY • 50 million • 1:6 chance • Salmonella, E. coli,
 Listeria, Campylobacter • Food Allergens © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 13. © April 2015 | Proprietary and Confidential | Thrive! Meetings & Events | @tstuckrath RFPs Pre-Con Registration Site Visits Surveys Tastings Information BEOs REQUEST & PROVIDE
  • 14. © August 2015 | Thrive! Meetings & Events | @tstuckrath REGISTRATION © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 15. © August 2015 | Thrive! Meetings & Events | @tstuckrath Check the food functions you plan to attend REGISTRATION © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 16. © August 2015 | Thrive! Meetings & Events | @tstuckrath Check the food functions you plan to attend Indicate Your Dietary Restrictions REGISTRATION © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 17. © August 2015 | Thrive! Meetings & Events | @tstuckrath Check the food functions you plan to attend Indicate Your Dietary Restrictions REGISTRATION Vegetarian Vegan Halal Kosher Gluten-free Food Allergy Other________ None © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 18. © August 2015 | Thrive! Meetings & Events | @tstuckrath Check the food functions you plan to attend Indicate Your Dietary Restrictions Eggs Wheat Milk Soy Gluten Crustaceans Mollusks Fish Tree Nuts Peanuts Mustard Sesame Lupin Celery Sulfites Tomatoes Buckwheat Peaches Pork Barley Bee Pollens Royal Jelly Other _______________ REGISTRATION © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 19. © August 2015 | Thrive! Meetings & Events | @tstuckrath Check the food functions you plan to attend Indicate Your Dietary Restrictions REGISTRATION Do you require a special certified Kosher or Halal meal? Is a vegetarian mealacceptable? Is a vegan mealacceptable? © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 20. © August 2015 | Thrive! Meetings & Events | @tstuckrath Check the food functions you plan to attend Indicate Your Dietary Restrictions REGISTRATION Is there treatment or accommodation you want us to be aware of to ensure your health and safety at the event? Please complete this emergency action plan for yourself © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 21. © August 2015 | Thrive! Meetings & Events | @tstuckrath Check the food functions you plan to attend Indicate Your Dietary Restrictions Disclaimers REGISTRATION Dietary restrictions must be indicated here to receive a special meal for the food functions. Special requests cannot be provided at meal functions without a ticket. We strive to work with our food service vendors to provide safe and delicious meals for those with dietary restrictions. Despite taking every precaution, we cannot guarantee that menu items are free of trace amounts of allergens or other ingredients. © August 2015 | Thrive! Meetings & Events | @tstuckrath
  • 22. © August 2015 | Thrive! Meetings & Events | @tstuckrath HIPAA Registration Special Needs Emergency ICE
  • 23. © August 2015 | Thrive! Meetings & Events | @tstuckrath • American Red Cross Training • ServSafe Training • Good Samaritan Acts • Duty to Rescue • Contracts RISK MITIGATION
  • 24. © August 2015 | Thrive! Meetings & Events | @tstuckrath Tracy Stuckrath CSEP, CMM, CFPM @tstuckrath www.thrivemeetings.com tracy@thrivemeetings.com (404) 242-0530 Tyra Hilliard PhD, JD, CMP @drtyra www.tyrahilliard.com tyra.hilliard@gmail.com (912) 506-8708 www.thrivemeetings.com/IMEX15risk
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