A ballplayer became ill soon after consuming sunflower seeds marketed by a farm products company. The package of seeds was inspected and foreign matter was discovered on the seeds. Of the ballplayer brings an action against the farm products company on the basis of strict tort liability, what would be most helpful for the company to avoid liability?

Options:

A The foreign matter on the seeds was a rare mold that could not be detected by tests commonly used for establishing that sunflower seeds are safe for human consumption.

B The seeds were sold in their natural state, and had not been manufactured or processed by the farm products company in any way.

C In answer to an interrogatory, the ballplayer has acknowledged that he has no evidence that his illness was caused by the foreign matter on the seeds.

D Although marketed under the label of the farm products company, the seeds had been collected and packaged for distribution by another company and any foreign matter on the seeds was the other company’s fault.

B) The seeds were sold in their natural state, and had not been manufactured or processed by the farm products company in any way.

Explanation:

Farmers that sell their products in their natural state, without any type of processing or manufacturing, are less liable for any foreign objects found with their products. For example, a farmer that sells con is not liable if a worm is found in the ear of the corn. The key here is what represents processing or manufacturing. This varies a lot depending on the state and even the county or town.

Some states consider packaged food, as processed even if they were just put in a bag. Other states require actual processing and the food being labeled as ready to eat. This is based on the consumer expectations test. For example, can a consumer expect to find a worm in unprocessed corn, probably yes, it is something natural. But should a consumer expect to find a pebble in a can of peaches, certainly not.

The point is that if the producer didn't process the food, he/she is not liable for negligence, but again the definition of processed food varies form place to place. If the company can prove that they sell unprocessed sunflower seeds, then consumers should expect to find foreign objects on them, e.g. dirt, tiny rocks and even some small insects. Those are things that happen naturally, and are eliminated through food processing.

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