Day 094 - 01 Mar 95 - Page 03
2 Q. But we have evidence in front of us, never mind -----
4 MR. JUSTICE BELL: Perhaps you had better ask him to explain
5 that because to an outsider like me, you see, it might seem
6 pretty poor, that 95 per cent of the equipment disassembly
7 checks deserve what I am taking to be some adverse
10 MR. MORRIS: Most of them are major and critical.
12 MR. JUSTICE BELL: If that is my reaction, it is totally
13 inconsistent with your answer, so I need you to explain to
14 me why you answer in the way you do. Just to take what you
15 are, no doubt, going to explain is the wrong attitude, if
16 one got 4.69 marks out of 100, you would fail most exams.
17 You explain the system so that I can understand your
19 A. OK. The numbers or compliance -- let me start with the
20 terminology. The definition of "minor", "major" and
21 "critical" has nothing to do with the sanitary
22 restrictions so that one can draw a conclusion this is an
23 unsanitary restriction. That is a statistical system that
24 is used to measure a performance level. That is what this
25 is. It has nothing to do with HACCP which, I understand,
26 has been discussed here before. It is not a critical point
27 when you are speaking to critical. These are
30 If I could make an analogy of what is the difference
31 between defects and non-conformity: If you buy a car, for
32 instance, and you turn the lights, the headlights, on at
33 night and they do not work, that is a defect. The same
34 car, if the lights are tilted five degrees to what they are
35 supposed to be to either side, up or down, that is a
36 non-conformance. That does not affect significantly the
37 performance of that car. That is what this data is telling
40 If there is a risk to humans, if there is a risk of
41 cross-contamination, if it actually happens, then the
42 product is condemned. An inspector will not let this plant
43 run, and these are issues that were corrected prior to the
44 operation. There is not a single panel or product that
45 has, according to this data, that has run through the plant
46 under unsanitary conditions. The data that you have
47 provided about consumer complaints, it is incredible.
48 Nobody, I have never seen anybody as good as that.
50 MR. JUSTICE BELL: We are not on that now. We are on these.
52 MR. MORRIS: So you are saying that when 45 out of 64 tests show
53 major non-conformity with standards according to the US DA
54 on equipment disassembly and 15 out of 64 tests on top of
55 that show critical, which is the maximum level of
56 non-conformity, that would not worry McDonald's?
57 A. That is correct. It is not the maximum.
59 MR. JUSTICE BELL: It is the maximum on the form, that is the