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As far back as 2007, salmonella-laced products were shipped by a Georgia peanut company that knew the peanuts probably were tainted and sometimes after tests confirmed that contamination, inspection records show.
Federal law forbids producing or shipping foods under conditions that could make it harmful to consumers' health.
Food and Drug Administration officials earlier had said Peanut Corp. of America waited for a second test to clear peanut butter and peanuts that initially were positive for salmonella. But the agency amended its report Friday, saying that the Blakely, Ga., plant actually shipped some products before receiving the second test and sold others after confirming salmonella.
In 2007, the company shipped chopped peanuts on July 18 and 24 after salmonella was confirmed by private lab tests, the FDA report said. Peanut Corp. sold products "on or after the positive salmonella results were obtained."
In other cases, the company didn't wait for a second round of salmonella tests.
"In some instances, peanut products were shipped by (the company) prior to having assurance that the products were negative for salmonella," said Michael Rogers, head of field investigations for the FDA.
Rogers said the FDA made the discovery after a more detailed analysis of records submitted by the company.
The salmonella outbreak has been blamed for at least eight deaths and 575 illnesses in 43 states. The Justice Department has opened a criminal investigation. More than 1,550 products have been recalled.
Wary consumers are shunning all brands of peanut butter, even those not caught up in the massive recall, driving sales down by nearly 25 percent, The New York Times reported Saturday.
A Peanut Corp. lawyer said the company is investigating what happened at the plant and had no comment on the latest FDA findings.
"We have not made a determination yet on liability," said attorney Amy Rotenberg. "We are neither denying or admitting liability at this point. We are still investigating."