Food Safety
search
cart
facebook twitter linkedin
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Safety
  • NEWS
    • Latest News
    • White Papers
  • PRODUCTS
  • TOPICS
    • Contamination Control
    • Food Types
    • Management
    • Process Control
    • Regulatory
    • Sanitation
    • Supply Chain
    • Testing and Analysis
  • PODCAST
  • EXCLUSIVES
    • Food Safety Five Newsreel
    • eBooks
    • FSM Distinguished Service Award
    • Interactive Product Spotlights
    • Videos
  • BUYER'S GUIDE
  • MORE
    • ENEWSLETTER >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • Sponsor Insights
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • EMAG
    • eMagazine
    • Archive Issues
    • Editorial Advisory Board
    • Contact
    • Advertise
  • SIGN UP!
ManagementBest Practices

Establishing and Implementing a Facility Photography Policy

By Richard F. Stier, M.S.
inspector using phone camera at food factory

Image credit: leksandarGeorgiev/E+ via Getty Images

October 3, 2023

Imagine the following scenario: A quality manager at a food plant is doing some research and finds a URL link with the name of his plant. He clicks on the link and finds a video of the processing operations in his own facility. After viewing the video, several thoughts go through his head, with the first being, "Where the heck did that come from?" The quality manager also realizes that the company would not want this video to be viewable on the internet, as it is a threat to trade secrets also divulges some unflattering information about the company's operating procedures. The manager also thinks, "How did this happen? I thought we had a policy regarding cameras and photography." 

This is not an implausible scenario. The author has heard of several processors that have experienced this issue. It is up to each and every food processor, handler, and warehouser to develop, document, and implement a policy regarding photography of their operations. This is a much greater challenge today compared to 20 years ago because nearly every cellphone has a high-quality camera with the ability to capture both pictures and video. Additionally, most people tend to carry their cellphones on their person at all times, which means they are always in possession of a portable camera/video recorder. With this in mind, every thorough photography policy must include a ban on cellphones within the plant. This should be described in a separate policy that specifically addresses cellphones.

Food processing operations that are regulated by the U.S. Food and Drug Administration (FDA) must also factor the agency into their camera policy. Ideally, every processor or handler should have established, documented procedures on how to address a regulatory inspection—a procedure that should start with the receptionist or whomever is responsible for meeting visitors to the facility. The Investigations Operations Manual (IOM) emphasizes that investigators have the right to take photographs:1

Since photographs are one of the most effective and useful forms of evidence, every photo should be taken with a purpose. Photographs should only be taken for evidentiary purpose, e.g., to document violations and environmental surface subsample sites. Photographs should be related to insanitary conditions contributing or likely to contribute filth to finished product, or to practices likely to render it injurious or otherwise violative.1

The IOM lists seven specific conditions or examples of insanitary practices that could be photographed:

  1. Evidence of rodents or insect infestation and faulty construction or maintenance, which contributes to these conditions
  2. Routes of, as well as, actual contamination of raw materials or finished products
  3. Condition of raw materials or finished products
  4. Employee practices contributing to contamination or to violative conditions
  5. Manufacturing processes
  6. Manufacturing and various control records showing errors, substitutions, penciled changes in procedure, faulty practices, deviations from GMPs, NDAs, or other protocols, altered or inadequate assays or other control procedures, and any variation from stated procedure
  7. Effluent contamination of water systems.1

The IOM also describes two court cases that support FDA's position on its legal right to take photographs. The food industry may not agree with FDA's policy, but industry must abide by it. One point that should be mentioned is that the photography policy may vary between investigators and districts. This situation has created some tension between the industry and FDA.

 Now, this is not to say that pictures should never be taken in a warehouse or plant. There are many conditions that might demand a photograph or two. Examples would be the delivery of a damaged or contaminated load, or a photograph of a rail car or truck to verify that it was properly loaded and that dunnage is properly located. With these kind of situations, it is the responsibility of management to give a one-time approval to document the situation. 

 An example of how a photography policy for a food processing facility might read is offered below.

Photography Policy

  1. This processor and warehouse does not permit photography on the plant grounds or within the facility by any visitors including guests, auditors, regulators, and suppliers. 
  2. No cameras, or cellphones outfitted with a camera or video capabilities, are allowed in the plant or warehouse.
  3. Pictures may be taken in the facility with written permission from top management. 

Photography Policy for an FDA Investigation:

  1. The only exception to the Photography Policy outlined above shall be an FDA inspector who presents a warrant explicitly authorizing the taking of pictures. If the inspector has no such warrant, politely inform the inspector that the camera must be left in the office and may not be taken into the plant or warehouse.
  2. If the inspector asks for an explanation of refusal to permit the possession or use of a camera during the inspection, inform the inspector that it is a company policy not to permit photography without a valid warrant. Make sure to show the inspector the written Photography Policy. 
  3. If a warrant authorizes picture-taking of the warehouse only, it is not applicable for taking photographs within the processing operations. Photography must be limited to the area and object of the warrant.
  4. Top management may waive the warrant requirement.

Procedures to Be Followed When Photographs are Taken:

  1. Advise the inspector to take photographs from an area or areas that are safe so that the inspector will not be injured, nor contaminate the product undergoing processing.
  2. If background or foreground of the picture includes trade secrets, then the supervisor accompanying the inspector shall inform the inspector to that effect and request that the photograph be held in confidentiality by FDA. The supervisor shall note which photograph is to be held as a trade secret.
  3. The supervisor must have a camera when accompanying the investigator. If the camera is not digital, ensure that film is installed and the flash is functioning.
  4. The supervisor shall take a photograph of the inspector taking a photo of an object. Both the inspector and the object shall be in the same scene, if physically possible, so that anyone would be able to appreciate the perspective involved in photographing the object. A second photograph should be made of the object from the same place in which the inspector stood. If the objectionable material is very small, it is good practice to place a ruler or any sanitary, non-hazardous object that could serve as a reference of dimension near the object.
  5. At the exit meeting, remind the investigator of any photographs taken that the company wishes to be classified as trade secrets.

When a processor decides to develop, document, and implement a photography policy, it is a good idea to review the policy with the company's legal team or even work with the legal team on its development. The legal team may favor a policy that is either more or less conservative than what was outlined above. How the final policy reads may well be dependent on a processor's or handler's past experience with FDA inspections and inspectors.

References

  1. U.S. Food and Drug Administration. Investigations Operations Manual 2023. "Chapter 5: Establishment Inspections." https://www.fda.gov/media/166533/download?attachment.
KEYWORDS: photo evidence

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Richard stier 200px
Richard F. Stier, M.S. is a consulting food scientist who has helped food processors develop safety, quality and sanitation programs. He believes in emphasizing the importance of how these programs can help companies increase profits. Stier holds degrees in food science from Rutgers University and the University of California at Davis. He is also a member of the Editorial Advisory Board of Food Safety Magazine.


Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • people holding baby chicks

    Serovar Differences Matter: Utility of Deep Serotyping in Broiler Production and Processing

    This article discusses the significance of Salmonella in...
    Microbiological
    By: Nikki Shariat Ph.D.
  • woman washing hands

    Building a Culture of Hygiene in the Food Processing Plant

    Everyone entering a food processing facility needs to...
    Training
    By: Richard F. Stier, M.S.
  • graphical representation of earth over dirt

    Climate Change and Emerging Risks to Food Safety: Building Climate Resilience

    This article examines the multifaceted threats to food...
    Management
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Subscribe For Free!
  • eMagazine Subscription
  • Subscribe to eNewsletter
  • Manage My Preferences
  • Website Registration
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Food Safety Magazine audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Food Safety Magazine or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Deli Salads
    Sponsored byCorbion

    How Food Safety is Becoming the Ultimate Differentiator in Refrigerated and Prepared Foods

Popular Stories

Image of Tyson Foods logo and the logos of Tyson Foods brands

Tyson Foods is Reformulating Food Products to Eliminate Petroleum-Based Synthetic Dyes

USDA building.jpg

More Than 15,000 USDA Employees Take Trump Administration's Resignation Offer

Woman reading the warning label on a bottle of wine

A 40-Year Hangover: Efforts to Revive 1980s Advocacy About the Potential Negative Effects of Alcohol Consumption

Events

May 12, 2025

The Food Safety Summit

Stay informed on the latest food safety trends, innovations, emerging challenges, and expert analysis. Leave the Summit with actionable insights ready to drive measurable improvements in your organization. Do not miss this opportunity to learn from experts about contamination control, food safety culture, regulations, sanitation, supply chain traceability, and so much more.

May 13, 2025

Traceability Next Steps—Supply Chain Implementation

Live Streaming from the Food Safety Summit: Join us for this engaging and highly practical workshop focused on building and sustaining traceability efforts across the food supply chain. 

May 13, 2025

Effective Sanitation Basics

Live Streaming from the Food Safety Summit: This dynamic workshop will help participants understand the sanitation process, effective monitoring, use of data streams, and root cause analysis basics.

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products
Environmental Monitoring Excellence eBook

Related Articles

  • woman washing hands

    Building a Culture of Hygiene in the Food Processing Plant

    See More
  • food manufacturing bread stock

    Facilities Focus: Manage Your Physical Plant as a Prerequisite

    See More
  • technologist looking at screen for equipment in dairy factory

    Building a Rigorous Calibration Program

    See More

Related Products

See More Products
  • 1119258073.jpg

    FSMA and Food Safety Systems: Understanding and Implementing the Rules

  • 9781138198463.jpg

    Food Safety Management Programs: Applications, Best Practices, and Compliance

  • 0813808774.jpg

    Improving Import Food Safety

See More Products

Related Directories

  • Westlake Epoxy Inc., a Westlake Co.

    Westlake Epoxy is a global manufacturer and supplier of epoxy resin systems. From lighter weight and durable, mass-producible composite parts to components that are protecting from fire, smoke and toxicity to low-VOC coatings that offer superior appearance, Westlake Epoxy resin systems, backed by our decades of formulation expertise, can enable innovation and provide state-of-the art performance characteristics of strength, heat-, corrosion- and chemical resistance, in addition to superior adhesion in a wide variety of applications from coatings, composites and building materials to adhesives. Westlake Epoxy’s brands include EPON™ and EPIKOTE™ epoxy resins, EPI-REZ™ waterborne resins and EPIKURE™ curing agents.
  • CECO ADWEST, A CECO Environmental Co.

    CECO ADWEST PROVIDES REGENERATIVE THERMAL OXIDIZERS AND VOC CONCENTRATOR SYSTEMS FOR COST EFFECTIVE VOC & ODOR ABATEMENT. ADWEST HAS PROVIDED OVER 1300 RETOX RTOS FOR FOOD PROCESSING, BAKERY OVEN, PROTEIN, ROASTING, ETHANOL, CHEMICAL AND PHARMA APPLICATIONS.
×

Never miss the latest news and trends driving the food safety industry

eNewsletter | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • eNewsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing