Eggo fined $85,000 for toxic gas release at waffle factory in California, DA says
The Eggo Company has been fined about $85,000 after being convicted for releasing toxic gas at a waffle factory in California, the Santa Clara County District Attorney's Office announced last week.
The Kellogg-owned waffle maker was convicted and sentenced on Friday for a "large release of toxic ammonia" from its San Jose factory in January 2021, the district attorney's office said.
It happened when a subcontractor damaged a pipe while on a scissor lift, the district attorney's office said. The pipe then "began leaking anhydrous ammonia, a toxic gas that can cause severe injury or death."
Eggo managers believed they had stopped the leak, and did not call 911 for more than an hour. The district attorney's office said that this delay "contributed to the emergency," which resulted in approximately 3,400 pounds of anhydrous ammonia escaping into the neighborhood surrounding the factory.
While no injures were reported, residents had to shelter in place for several hours while emergency responders worked to stop the leak, the district attorney's office said.
What has been recalled in 2022? Your complete database on all recalls, from food to cars.
CPI: Inflation slowed sharply to 7.1% but stayed high in November as gas prices fell
"Public safety and the environment are threatened with every passing minute in these cases," Santa Clara County's Deputy District Attorney Jason Bussey said in a statement. "When companies fail to immediately report a release, they face serious consequences."
In a statement sent to Paste BN Tuesday afternoon, Kellogg spokesperson Kris Bahner said the company had worked to improve the factory's processess and protocols since the 2021 incident.
"At Kellogg, the safety of our workers and the environment are top priorities," Bahner stated. "Thankfully, no one was injured in last year’s ammonia incident. Since that time, we’ve made a number of significant enhancements to our processes and protocols to ensure we have the safest possible environment for our employees and neighbors."
What is anhydrous ammonia?
Anhydrous ammonia is a source of nitrogen fertilizer that is widely used in agriculture, as well as refrigeration and manufacturing under state and federal regulations. The Occupational Safety and Health Administration notes that the substance is commonly used as a refrigerant in industrial facilities processing meat, dairy products, alcoholic beverages and more.
Eggo, for example, uses the substance at its San Jose factory to freeze waffles, the district attorney's office said.
What's everyone talking about? Sign up for our trending newsletter to get the latest news of the day
Could an ammonia leak be deadly?
If not handled properly, anhydrous ammonia can be dangerous. OSHA considers ammonia to be "a high health hazard" because of health and safety risks.
According to the Centers for Disease Control and Prevention, exposure to the toxic gas or liquid can result in injuries including burns, frostbite, lung irritation and corrosion damage to the eyes, throat, stomach and other parts of the body, depending on the type of exposure. The severity of injures ranges, but significant exposure can be fatal, the CDC says.
Criminal charges against Kellogg-owned Eggo
For the release of anhydrous ammonia at Eggo's San Jose factory, the waffle maker was "criminally charged with negligently discharging an air contaminant, failing to immediately report that release, providing inadequate training to its contractors, and failing to implement an adequate emergency action plan," the Santa Clara County District Attorney's Office said on Friday.
The district attorney's office added that, following the January 2021 incident, Eggo has "cooperated with regulatory authorities and is upgrading its systems and procedures to prevent future releases."