|Responding to a Foodborne Illness Outbreak|
Best Practices

Responding to a Foodborne Illness Outbreak

Last year's E. coli O157:H7 outbreak, linked to a widely sold fast-food hamburger across several states, highlights that even major national brands with advanced food safety systems are not immune to foodborne illness incidents. This should remind independent concepts to shore up their guardrails against similar incidents with food inspection and handling best practices.

From a reputation and goodwill standpoint, have you developed a plan to deal with a foodborne illness outbreak at your restaurant? Here are a few measures on how best to respond to an emergency.

Designate key persons, typically the owner, general manager, or the business’s attorney, to field customer complaints, respond to media inquiries, and work with the health department. If the illness might be related to a vendor's product, you should notify the distributor and supplier immediately. Instruct staff not to discuss the matter with third parties. Direct inquiries to designated contact persons. If feasible, you might want to enlist the help of a public relations firm to assist with media inquiries and press releases.

Proactive cooperation with the health department demonstrates genuine concern and diligence and could provide access to resources to identify the source of foodborne illness and lessen your liability. If health department officials contact you first, treat them as a partner. Do not attempt to evade questions or hide facts relevant to food safety issues. Health department officials do not want to shut down your business unnecessarily; however, you must cooperate with them if you hope to maintain their assistance and support.

Hope for the best and be prepared for the worst.
– Maya Angelou

Create a form to document all reported guest ailments. It should capture the name, address, and telephone number of complaining guests, the time and date they dined at your restaurant, and the nature of their complaints, including physical ailments. The form should be signed and dated by the person submitting or recording the information, and carefully filed in a confidential and secure place.

When talking to complaining guests, indicate concern for their welfare and that you plan to investigate the incident and follow up with them. You should not admit liability; however, if the health department or you have identified a food safety problem at your restaurant, you should inform the complaining guests to contact their physicians and the local health department for instructions on how and where to receive prophylactic or therapeutic treatment.

Contact your restaurant's attorney and insurance company representative immediately. Your attorney can advise and provide representation. If such incidents are covered by insurance, the insurance company will assign the matter to its attorneys.

Conduct your own investigation, even if the health department is conducting its own, to determine the source of the illness. This includes inspecting the products and procedures and interviewing all food-handling staff on duty the day of the alleged outbreak. You should secure all remaining food products that are believed to be contaminated. Do not destroy it but freeze it (if spoilable) or lock it up for health department inspection. Take written statements from all individuals involved in the food handling, which they can show later as a good-faith effort to investigate the matter. Plaintiff's attorneys always claim there was "really" no investigation if there is no record.

Save these helpful resources for responding to a foodborne illness outbreak:

  • Foodborne Illness Outbreak Response: A step-by-step guide for managing foodborne illness incidents, covering essential procedures for investigations, guest communication, and preventive measures to protect customers and the restaurant’s reputation. 
  • Foodborne Illness/Complaint Report: A downloadable form to log foodborne illness complaints, ensuring essential information is recorded to help restaurants respond promptly and meet compliance standards.
  • Hand Sanitation Tips and Techniques: Best practices for hand hygiene, emphasizing the importance of proper sanitization for both bare and gloved hands to prevent contamination and ensure food safety.  

Have a profitable week!

The RestaurantOwner.com Team