Day 099 - 08 Mar 95 - Page 17

     
     1        first started testing for it.  We actually found that it
     2        was not there, basically.  We have continued the testing,
     3        nevertheless, just to monitor the situation.
     4
     5   Q.   You are aware, I expect, that there was an outbreak of food
     6        poisoning in Preston in January 1991 or in the north of
     7        England which was attributed to a McDonald's restaurant on,
     8        I think, one day in that month, at Friargate, I think it
     9        was ---
    10        A.  Yes.
    11
    12   Q.   -- and which, for the purpose of this case, McDonald's have
    13        accepted responsibility for.  That was said to have been
    14        caused by E.coli 0157.  The cause attributed or the reason
    15        attributed to the presence of that organism in the food was
    16        under-cooking?
    17        A.  Yes.
    18
    19   Q.   You are conscious of all that?
    20        A.  I am aware of that, yes.
    21
    22   Q.   Are you aware by repute only (because it would be long
    23        before ever you joined McDonald's) of another incident
    24        which happened some nine years earlier in Michigan or,
    25        I think, in Oregon in the United States also attributed
    26        E.coli in McDonald's products?
    27        A.  I have heard of about it but I have no intimate
    28        knowledge of it.
    29
    30   Q.   Aside from those two incidents, 1982 in America, 1991 in
    31        this country, do you know of any other established incident
    32        of food poisoning as a result of the consumption of
    33        McDonald's food?
    34        A.  I know of no others, no.
    35
    36   Q.   I would like, if we may, to have a look, Mr. Kenny, at some
    37        documents.  Before I get to the documents perhaps one
    38        should just look briefly at the means by which food may
    39        become contaminated with bacteria.  You mentioned I think a
    40        moment ago Staphylococcus aureus?
         A.  Yes.
    42
    43   Q.   I think you made a gesture intending to suggest that is
    44        something which came on to the food from a human source?
    45        A.  That is normally the case, yes.
    46
    47   Q.   If a human having fingers, or whatever, with Staphylococcus
    48        aureus on and touches a piece of frozen beef patty, to take
    49        an example, and it is then put on the grill, is the
    50        grilling apt to kill the surface contamination or not? 
    51        A.  Yes, the surface temperature is far in excess of the 
    52        temperature required. 
    53
    54   Q.   So does the problem really arise at the stage before the
    55        products are frozen?
    56        A.  That would be the most likely source for a
    57        contamination of Staphaureus, yes.
    58
    59   Q.   Or of any of the bacteria -- if we take meat, for example,
    60        your patties are ground up, minced, as we used to call it?