45 lines
4.5 KiB
Markdown
45 lines
4.5 KiB
Markdown
# Wellspring: Ingestible substance safety:
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In order to ensure that all food and ingestible substance production, warehousing/storage and distribution/vending is done in a sanitary manner, we provide a legal mechanism to enable customers to inspect the facilities used to produce and/or store and distribute ingestible substances. Where evidence of unsanitary operation is found, we provide remedies to enforce sanitary behaviour.
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## Warrant: Sanitation Inspection warrant:
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As with all `WS` warrants, the warrant shall specify its scope (places, things and effects to be searched/siezed); there shall be no general warrants in a `WS` polity.
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This warrant is a transferrable, vendable legal instrument. It is intentional that a successfully procured warrant may be sold off by its original obtainer (or any subsequent owner) to another entity to execute and prosecute it, under whatever terms are deemed mutually profitable to both parties to the transaction.
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### Standing and burden of proof:
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Any employee working for an employer that produces, warehouses or distributes/vends an ingestible substance shall have standing to seek a warrant against that producer/warehouser/distributor/vendor. The burden of proof and other requirements needed to obtain this warrant (including affidavits, etc) shall be legislatively defined.
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### Powers:
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This warrant grants the possessor the power to enter into the premises of a facility and search all areas and equipment/machinery which are used to store the materials for and/or produce an ingestible substance which is offered for sale; and to enlist the aid of law enforcement toward this end if need be. The executor of the warrant may gather such evidence as proves an unsanitary production/storage process. The executor of the warrant may take with itself such witnesses and equipment as are determined necessary by the court to procure relevant evidence, subject to such limitations as are defined by the legislature to allow the facility to protect trade secrets, unless such trade secrets are themselves relevant evidence.
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This mechanism may also be invoked to gather evidence of the use of input ingredients which have not been published by a producer in the ingredient list, and seek an injunction against such a producer to publish the use of such ingredients.
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Upon finding sufficient evidence, the executor has recourse in the courts to a cause of action known as the "Unsanitary or Undisclosed Ingestible Substance".
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## Cause of action: "Unsanitary or Undisclosed Ingestible Substance":
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### Burden of proof:
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The plaintiff must show according to a legislatively defined burden of proof:
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- Evidence of unsanitary storage, or an unsanitary process.
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- Evidence of the use of an unpublished non-trace ingredient which intentionally ends up in the final product.
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- Evidence of the use of an unpublished trace ingredient which is not intended to end up in the final product, but which has a legislatively defined likelihood of ending up in the final product.
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### Limitations:
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### Relief:
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Upon favourable judgment for the plaintiff, the plaintiff shall have redress in the form of legislatively defined injunctions and penalties against the defendant, including the levying of fines by the government (which the plaintiff shall receive a percentage of) and injunctions to suspend production of the product until such time that the defendant can show cause to resume production (i.e, the defendant must address the sanitation problem or publish the unpublished ingredient). At such time the defendant may sue the government to lift the injunctions and resume operation.
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### Defense:
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When invoked to show unsanitary operation, this mechanism is intended to prosecute the use of an unsanitary process, or the use of unsanitary warehousing in a facility that produces/warehouses/vends an ingestible substance. It is not intended to prosecute the negligence/failure of employees to apply the employer's recommended due diligence in carrying out their work in order to sabotage the employer and open them to prosecution.
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- Negligence on the part of employees to execute the employer's sanitation guidelines shall form a defense.
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- An employer may demonstrate due diligence by showing that the evidence presented for the unsanitary situation is the result of negligence by an employee rather than negligence by the employer, by showing that:
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- S/he has provided well-resourced and readily usable processes/tools for sanitary operation and,
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- S/he has enforced the use of said processes/tools for sanitary operation by putting into place (and enforcing) relevant incentives and/or penalties.
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