Prosecutors eye cantaloupe listeria case

DENVER, Nov. 21 (UPI) -- A Colorado cantaloupe farm is under threat of criminal prosecution for a listeria outbreak that killed 29 people, but such charges are rare, experts say.

Federal prosecutors require evidence of willful negligence to elevate cases to felonies, legal analysts say, and agricultural experts who have interviewed the family owners of Jensen Farms say the farm believed its 2011 changes would make melons safer, The Denver Post reported Monday.

No evidence has emerged that Eric or Ryan Jensen were aware of any problems with their cantaloupes before state and federal investigators tracked listeria to their farm, the newspaper said.

FDA inspectors said the Jensens significantly changed their post-harvest handling system this year, employing a used potato-sorting machine not designed for cantaloupes that allowed water to pool dangerously and spread the listeria.

To elevate a prosecution to a felony, there would have to be evidence the Jensens knew their handling of the cantaloupes was dangerous, or were aware they had contamination and delivered melons anyway, Amanda Hitt, an attorney and director of the Food Integrity Campaign in Washington said.

"There are elements for a felony where the 'knowing' element has to be there. Is a jury really going to find that?" Hitt said.