A few questions for Shelby:
Did she file a complaint with the Multnomah County Public Health Administrator (Jessica Guernsey, MPH, Public Health Director) as her food complaint involves a mobile food truck? If not, why not?
The Oregon Department of Agriculture would have as a matter of law investigated foreign objects in food, which wild boar would have been if Shelby had been served a pig offal-laden beef burrito. <b>Rule 21 CFR 117</b> is in place to examine adulteration and misbranding and was certainly of avail if Shelby wanted to protect anyone else from potentially absorbing something which they did not order.
<b>Rule 117.320</b> within the ODA mandates that records must be made promptly available to a duly authorized representative of the Secretary of Health and Human Services for official review and copying upon oral or written request. Has Houlihan requested records of where the food truck received its food supplies? If not, why not?
Shelby says she ate a burrito that tasted bad and was very greasy. Was her burrito sticky? Or tacky? Does she know if it was slimy? Pig offal has a particular odor. Did her burrito have an off-odor? If it did have an odor, it could have been spoiled. In any case, why did she not discontinue eating the burrito and exercise her consumer rights under the <b>Supply of Goods and Services Act 1982</b>? This stipulates that every single restaurant must serve food that is of <i>satisfactory</i> quality. This means that Shelby’s food must have been fit to eat. Shelby would have been entitled to request a replacement meal, or a full or part refund if the food that was served didn’t meet this standard.
Apparently, as it’s unknown if Houlihan requested another meal (the evidence provided only states that she ate approximately 3/4 of her burrito), it seems implausible that she did, in fact, exercise this free right.
The consequences of having eaten a ‘suspect’ burrito could have been dire in an Olympic year; she could have been introduced to fast-acting toxins (harmful bacteria) and become quite unwell for a day or two. Why did she continue to consume a ‘suspect’ burrito when she may have been food poisoned or worse, especially knowing that she’d potentially lose training time?
<b>Oregon Food Code 1-102.10</b> is designed within the food retail code to provide consumers food that is safe, unadulterated, and honestly presented. Has this particular food truck ever been cited for violation of this Food code or any food safety codes?
Shelby says, “I'm going to continue fighting to prove my innocence.”
In terms of implausibilities, this one climbs straight to the top as she could not — or did not — fight to right the wrongs within the food chain that she supposes caused her this injustice.