Eggo fined $85,000 for toxic gas release at San Jose waffle factory

SAN JOSE – The Eggo Co. was ordered Friday to pay an $85,000 fine for a toxic gas release from its waffle factory in San Jose, prosecutors said.

On Jan. 22, 2021, a subcontractor on a scissor lift damaged a pipe, which began leaking anhydrous ammonia, a gas that can cause severe injury or death, according to the Santa Clara County District Attorney’s Office. Mistakenly believing they had stopped the leak, Eggo managers did not call 911 until more than an hour had passed.

Prosecutors said about 3,400 pounds of the gas escaped into the surrounding neighborhood, forcing residents to shelter in place while first responders stopped the leak. No injuries were reported.

Anhydrous ammonia is commonly used as a refrigerant in food processing operations, and the San Jose waffle factory uses the substance to freeze the waffles it produces.

According to prosecutors, Eggo 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.

“Public safety and the environment are threatened with every passing minute in these cases,” said Jason Bussey, a deputy district attorney in the Environmental Protection Unit. “When companies fail to immediately report a release, they face serious consequences.”

Eggo cooperated with regulatory authorities and is upgrading its systems and procedures to prevent future releases, according to prosecutors.