Food Law Prof Blog

FDA's new regs on animal feed

Last week the FDA issued new regulations barring certain cattle materials from animal feed.  From the FDA news release:

The U.S. Food and Drug Administration today [April 23, 2008] issued a final regulation barring certain cattle materials from all animal feed, including pet food. The final rule further protects animals and consumers against bovine spongiform encephalopathy (BSE, also known as "mad cow disease").

"This FDA action serves to further protect the U.S. cattle population from the already low risk of BSE," said Dr. Bernadette Dunham, Director of FDA's Center for Veterinary Medicine. "The new rule strengthens existing safeguards."

The new measure builds on FDA's 1997 feed regulation, which prohibited the use of certain mammalian proteins in ruminant feed.

The materials that can no longer be used in animal feed are the tissues that have the highest risk for carrying the agent thought to cause BSE. These high risk cattle materials are the brains and spinal cords from cattle 30 months of age and older. The entire carcass of cattle not inspected and passed for human consumption is also prohibited, unless the cattle are less than 30 months of age, or the brains and spinal cords have been removed. The risk of BSE in cattle less than 30 months of age is considered to be exceedingly low.

more on the FDA website

FDA: pet food maker needs emergency operating permit

From an FDA news release (April 24, 2008):

The U.S. Food and Drug Administration issued an order requiring that Evanger's Dog & Cat Food Co., Inc., in Wheeling, Ill., obtain an emergency permit from the FDA before its canned pet food products enter interstate commerce.

A recent inspection revealed significant deviations from prescribed documentation of processes, equipment, and recordkeeping in the production of the company's thermally processed low acid canned food (LACF) products. These problems could result in under-processed pet foods, which can allow the survival and growth of Clostridium botulinum (C. botulinum), a bacterium that causes botulism in some animals as well as in humans.

Read the news release

Protozoa May Enable Food-Borne Pathogens On Leafy Vegetables.

From ScienceDaily.com:

Protozoa found on lettuce and spinach may sequester harmful food-borne pathogens ultimately contributing to their survival on produce surfaces say researchers from Tennessee Technological University, Cookeville, and the Produce Safety and Microbiology Research Unit, Albany, California [an arm of the USDA Agricultural Research Service].

In case high school biology was a long time ago, the Science Daily article explains "protozoa":

Protozoa are single-celled organisms whose main function is bacterial consumption. They are commonly found in the natural microflora of plants and several species of amoebae have been associated with fresh salad vegetables. The recent occurrence of multiple outbreaks has encouraged researchers to further examine the interaction between food-borne pathogens and protozoa.

Above: video of amoeba gobbling algae cells

For a light education on protozoa (amoeba, paramecium, and Euglena), go to VirtEd Virtual Education for an easy to process introduction and a short quiz.

American Society for Microbiology (2008, April 27).

Six Flags Great Escape Lodge Can't Escape Norovirus

Found on efoodalert.com :

According to a recent announcement by the New York State Health Department, the state is investigating over 200 cases of gastrointestinal illness caused by the Norovirus among people who stayed at the Six Flags Great Escape Lodge and Indoor Waterpark in Queensbury during March 7 – 19th, 2008. That number has grown to over 400 cases as of March 26th, 2008. From the efoodalert article:

The outbreak, which is now confirmed to have been caused by Norovirus, began earlier this month, and peaked on the weekend of March 15th. The state is maintaining a full time presence at the facility to ensure that all cleaning and disinfection measures are being carried out properly and that the resort is in full compliance with state health regulations.

Thank you to William Mitchell College of Law student Paul Judd for preparing this post.

Got Food Poisoning? Try Raw Milk….Feta Cheese

On April 3, 2008 researchers at the Society for General Microbiology’s 162nd meeting in Edinburgh Scotland announced that eating Feta cheese made from raw milk combats food poisoning.  Panagiotis Chanos, a researcher from the University of Lincoln, isolated and identified friendly bacteria called enterococci in raw sheep milk from small farms in northern Greece.  These friendly bacteria naturally produce antibiotics that kill off dangerous food-poisoning bacteria like Listeria. Listeria is one of the most dangerous food poisoning bacteria because it can survive where other bacteria perish.  Listeria is commonly found in post-product contamination of food animal products.   

Mr. Chanos hopes that his work will lead to finding new ways of fighting foodborne pathogens instead of putting additives and synthetic preservatives in foods.  Minimizing the use of “not-so-friendly” synthetic preservatives in foods by replacing them with naturally produced bacteria may open up new avenues for organic food production.

Thank you to William Mitchell College of Law student Wendy O. Sanchez for preparing this post.

Food Protection Plan and Third Party Certification Programs for Foods and Feeds

CFSAN Constituent Update:

On Tuesday, April 1, 2008, the U.S. Food and Drug Administration held a teleconference to announce the establishment of two public Dockets. The FDA is requesting information and comments on its 2007 Food Protection Plan that presents a robust strategy to protect the nation's food supply from both unintentional contamination and deliberate attack. The FDA is also requesting stakeholder comments on the use of Third-Party Certification Programs for Foods and Feeds.

Commenting on FDA's Food Protection Plan
FDA encourages interested persons to submit written comments on the Food Protection Plan to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852. The Federal Register Notice can be viewed and electronic comments can be submitted to http://www.regulations.gov. All comments should be identified with docket number FDA-2008-N-00188.

Third-Party Certification Programs for Foods and Feeds
FDA also encourages interested persons to submit written comments on Third-Party Certification Programs for Foods and Feeds to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852. The Federal Register Notice can be viewed and electronic comments can be submitted to http://www.regulations.gov. All comments should be identified with the docket number FDA-2008-N-0183.

Teleconference Replay
A replay of the teleconference is available now and ends Tuesday, April 8, 2008 (CT). You can access the replay by calling 1-866-505-6449.

Resource material on the Food Protection Plan is available on the FDA Web site.

Constituent Updates are also available on the web at http://www.cfsan.fda.gov/~dms/cfsupdat.html.

More Foul Fowl: An Updated Analysis of Salmonella Contamination in Broiler Chickens

Food & Water Watch - a nonprofit consumer organization that works to ensure clean water and safe food: More Foul Fowl - An Updated Analysis of Salmonella Contamination in Broiler Chickens, March 2008: "The bacteria Salmonella is the leading cause of food-borne illness in the United States with nearly a million cases of salmonellosis attributed annually to meat and poultry consumption. Of these, more than 14,000 of the victims are hospitalized and more than 400 die. The estimated total annual cost of all cases, foodborne and otherwise, of salmonellosis is about $2.46 billion (in 2006 dollars). Concern about the potential for pathogens, including Salmonella, to become resistant to antibiotics also is increasing. Infections caused by antibiotic–resistant bacteria are more frequently associated with illness and death than those caused by bacteria that are not resistant."

Special thanks to Mary Ann Archer of the Warren E Burger Library at William Mitchell College of Law for preparing this post.

Health Warning and Recall: Total Body Formula and Total Body Mega Formula

FDA Warns Consumers about "Total Body Formula" and "Total Body Mega Formula"

The U.S. Food and Drug Administration is advising consumers not to purchase or consume Total Body Formula in the flavors of Tropical Orange and Peach Nectar, or Total Body Mega Formula in the Orange/Tangerine flavor. The liquid dietary supplement products may cause severe adverse reactions, including significant hair loss, muscle cramps, diarrhea, joint pain and fatigue.

The Total Body Formula products are sold in eight-ounce and 32-ounce plastic bottles. The Total Body Mega Formula is sold in 32-ounce plastic bottles. Both products are distributed by Total Body Essential Nutrition of Atlanta. The company is the sole distributor of the products and has voluntarily recalled Total Body Formula in the flavors of Tropical Orange and Peach Nectar and Total Body Mega Formula in Orange/Tangerine flavor.

The Florida Department of Health recently provided reports to the FDA on 23 individuals who experienced serious reactions to these products seven to 10 days after ingestion. In all cases, the reactions included significant hair loss, muscle cramps, diarrhea, joint pain and fatigue. The FDA subsequently learned and is investigating a report that some individuals in Tennessee using the same products have experienced similar reactions.

FDA laboratories are analyzing samples of the products to identify the cause of the reactions, including the possibility that the products contain excessive amounts of selenium, which is known to cause symptoms such as those described in the adverse events reported to the agency. Selenium, a trace mineral, is needed only in small amounts for good health.

The products have been distributed in Alabama, California, Florida, Georgia, Kentucky, Louisiana, Michigan, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Texas and Virginia.

The FDA is advising consumers in all states to avoid using the products immediately and to discard the products by placing them in a trash receptacle outside of the home.

Consumers who have been taking the products and have experienced adverse reactions should consult their health care professional. Consumers and health care professionals can also report adverse events to the FDA's MedWatch program at 800-FDA-1088 or online at www.fda.gov/medwatch/report.htm.

The FDA is working with the Florida Department of Health in its investigation.

For more information, consumers can call the FDA's toll-free Food Safety Hotline at 1-888-SAFEFOOD.

FDA Alert -- Cantaloupes and salmonella

   The U.S. Food and Drug Administration has issued an import alert regarding entry of cantaloupe from Agropecuaria Montelibano, a Honduran grower and packer, because, based on current information, fruit from this company appears to be associated with a Salmonella Litchfield outbreak in the United States and Canada. The import alert advises FDA field offices that all cantaloupes shipped to the United States by this company are to be detained.

In addition, the FDA has contacted importers about this action and is advising U.S. grocers, food service operators, and produce processors to remove from their stock any cantaloupes from this company. The FDA also advises consumers who have recently bought cantaloupes to check with the place of purchase to determine if the fruit came from this specific grower and packer. If so, consumers should throw away the cantaloupes.

To date, the FDA has received reports of 50 illnesses in 16 states and nine illnesses in Canada linked to the consumption of cantaloupes. No deaths have been reported; however, 14 people have been hospitalized. The states are Arizona, California, Colorado, Georgia, Illinois, Missouri, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin.

The FDA is taking this preventive measure while the agency continues to investigate this outbreak in cooperation with the Centers for Disease Control and Prevention and state partners. Such intervention is a key component of FDA’s Food Protection Plan.

Symptoms of foodborne Salmonella infection include nausea, vomiting, fever, diarrhea, and abdominal cramps. In persons with poor health or weakened immune systems, Salmonella can invade the bloodstream and cause life-threatening infections. Individuals who have recently eaten cantaloupe and experienced any of these symptoms should contact their health care professional.

The FDA recommends that consumers take the following steps to reduce the risk of contracting Salmonella or other foodborne illnesses from cantaloupes:

Purchase cantaloupes that are not bruised or damaged. If buying fresh-cut cantaloupe, be sure it is refrigerated or surrounded by ice.

After purchase, refrigerate cantaloupes promptly.

Wash hands with hot, soapy water before and after handling fresh cantaloupes.

Scrub whole cantaloupes by using a clean produce brush and cool tap water immediately before eating. Don't use soap or detergents.

Use clean cutting surfaces and utensils when cutting cantaloupes. Wash cutting boards, countertops, dishes, and utensils with hot water and soap between the preparation of raw meat, poultry, or seafood and the preparation of cantaloupe.

If there happens to be a bruised or damaged area on a cantaloupe, cut away those parts before eating it.

Leftover cut cantaloupe should be discarded if left at room temperature for more than two hours.

Use a cooler with ice or use ice gel packs when transporting or storing cantaloupes outdoors.
For more information on produce safety, please visit:
http://www.cfsan.fda.gov/~dms/prodsafe.html.

For additional information on FDA’s Import Program, please visit: http://www.fda.gov/ora/import/default.htm.

Photo credit:  USDA image gallery photo by Scott Bauer

How a mouse got in the salad

Marlerblog has posted a link to a great powerpoint presentation about the investigation of a mouse-in-the-salad restaurant incident:

CSI: Critter Salad

Warning:  includes some closeups of the dead mouse, but you don't have to look closely if you don't want to.

UK study: consumers misinformed about food risks

From Food Productiondaily.com (Europe)

A survey of consumer perceptions of food risks in the United Kingdom indicates that many people are misinformed, prompting the Food Standards Agency (FSA) to seek out constructive ways of engaging with the public over concerns.

“The survey, which involved 2,019 adults aged over the age of 16, set out to assess the level of risk that consumers associate with food-related issues and who consumers trust most to provide them with accurate information.”

“Professor Colin Blakemore, chair of the FSA's new committee, expressed concern at the results, which included 90 per cent of people being unnecessarily concerned about eating chicken from a factory contaminated with bird 'flu, and almost a quarter wrongly believing there is little or no risk from drinking raw [un-pasteurized] milk.”

The Survey Found:

Bird Flu
”Contrary to the belief of the 90 per cent [surveyed], the FSA says that there is no evidence that humans can catch bird 'flu from food - and, in any case, proper cooking would kill the disease before it reached the plate.”

Raw milk
”As for raw milk, the FSA said it cannot be guaranteed to be germ-free, no matter how high the hygiene standards.”

GM
”Sixty-five per cent of people said they were concerned about the safety of consuming GM food.”

”The scientific evidence tells us that the GM foods currently available are as safe as their non-GM counterparts, and pose no additional risk to the consumer," said the FSA. It did, however, point out that there is general agreement that GM foods should be labeled to allow for consumer choice.”

Link to FSA General Committee on Science: http://www.food.gov.uk/science/ouradvisors/gacs/

Thank you to William Mitchell College of Law student Brian Adamovich, who prepared this post.

Interesting and thoughtful commentary on downer cows on Marlerblog

Marlerblog featured two posts this week giving a broader perspective on downer cows.  Both pieces give clear and useful background information with links to sources:

Should ALL Downers be banned from the food supply? (posted 3/2/08)

I  am thinking about the reasons, ethically, medically and financially why we allow "downer" cattle into our food supply - at any level.  Over the next few days I will give you my thoughts.  Please feel free to weigh in. 

To put things in context, The USDA suggested, and Westland/Hallmark issued, the largest beef recall in history (143 million pounds of meat and now recalls have been issued for retail food items containing traces of the banned beef) just a few weeks ago. This all after the Humane Society released undercover video showing workers at Westland/Hallmark shoving sick or crippled cows (a.k.a. “downers”) with forklifts to get them to stand. So, what is a “downer?”

and

The Raw Economics Driving the Use of Downers (posted 3/4/08)

This is the land of capitalism.  So, we all know that when it comes to using Downers, or non-ambulatory cows, there has to be that raw underbelly of profit or, perhaps more accurately, the illusion of profits.  Let’s examine if the use of downers makes good economic sense.

First some background: In the U.S., we both import and export slaughtered beef and dairy cattle. According to USA Today, some 35 million U.S. cattle are slaughtered each year in the U.S.  According to a recent report by JAVMA, the exact number of nonambulatory cattle on US farms or feedlots or sent to slaughter facilities is difficult to ascertain. However, estimates may approach 500,000 animals per year according to a recent

Both posts are available on MarlerBlog: www.marlerblog.com

Mandatory meat recall authority -- House Bill

Twice in the past week I've been interviewed on the issue of mandatory food recall authority.  The agencies want it; Grocery Manufacturers Association thinks it's a good idea; and now Representative Tom Udall (D- NM) has introduced

Unsafe Meat and Poultry Recall Act

H.R. 5518, A bill to amend the Federal Meat Inspetion Act and the Poultry Products Inspection Act to authorize the Secretary of Agriculture to order the recall of meat and poultry that is adulterated, misbranded, or otherwise unsafe. (Introduced 2-28-08).

The bill provides mandatory recall if the company refuses to voluntarily recall tainted meat.  It applies to meat and poultry --

"If the Secretary finds that a meat product is in violation of this Act and that there is a reasonable probability that human consumption of the meat product may present a threat to public health. . ."

The announcement from Representative Udall's website, February 27, 2008:

Where's the Beef

You have probably heard by now that the USDA recently requested a recall of 143 million pounds of beef. The United States Department of Agriculture's (USDA) Commodity Foods Program had sent 3,000 cases of the questionable beef to New Mexico's Human Services Department to be distributed to school lunch programs. Almost all of the recalled beef has been found, but the episode should remind us that our system for protecting Americans from unsafe meat needs reform. Currently, the USDA cannot force meat companies to recall dangerous products. This leads to time-consuming negotiations between the USDA and the meat companies instead of swift action to protect the public, and it gives meat companies an effective veto on recalls. This situation also undermines America's faith in the safety of the food we eat, which hurts ranchers in New Mexico and across the country. To protect American consumers, restore faith in the meat industry and help our ranchers, I have introduced legislation giving the USDA the power to institute mandatory recalls. No American should be poisoned because the USDA doesn't have the tools it needs to do its job, and I will do all I can to keep Americans safe.

Note:  Food Law Prof Blog is an equal opportunity blog; if you introduce a bill, I will blog it too.  This post was updated March 7, 2008, to incorporate the previously unavailable bill text.

CRS Report on USDA Meat Inspection

USDA Meat Inspection and the Humane Methods of Slaughter Act is now available through Open CRS (Congressional Research Service).  Here is the abstract:

Revelations in early 2008 that cattle were mistreated at a California slaughter plant have raised questions about enforcement of the federal Humane Methods of Slaughter Act (7 U.S.C. �� 1901 et seq.), which is intended to ensure that animals are handled humanely when being killed for food. Evidence emerged that the plant had permitted nonambulatory or so-called "downer" cattle to be slaughtered for human food, also potentially jeopardizing public health. Following these revelations, the U.S. Department of Agriculture (USDA) effectively halted plant operations, announced the largest meat recall ever, alerted school food authorities to hold and destroy any unconsumed products from the plant, and launched an investigation into the matter. The 110th Congress also has stepped in, with hearings planned and proposals to change current policies possible.

House subcommittee hearing on industry role in food safety

Subcommittee on Oversight and Investigations hearing -- Contaminated Food; Private Sector Accountability,(Feb 26, 2008) From the Statement of The Honorable Bart Stupak:

Our food safety system is broken. So-called voluntary compliance—relying on the food industry to place safety before profits—does not appear to be working. The budgets and regulatory policies of this Administration have crippled both the Food and Drug Administration (FDA) and, the Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture (USDA). In fact, some 76 million Americans – 1 out of every 4 - are affected each year by illness from contaminated food.

Since sickness from contaminated food is largely preventable, this Committee has actively pushed the public and private sectors to focus on preventing this epidemic. What have we learned so far? We have found a fragmented food safety system suffering from woefully inadequate resources, inconsistent oversight, and ineffective coordination. In December the FDA’s own Science Board report noted that FDA’s food safety program has put American lives at risk and the FDA “does not have the capacity to ensure the safety of food for the nation.”

read more

California Senate Committee holds hearing on Hallmark/Westland

California State Senator Dean Florez of the California Senate Select Committee on Foodborne Illness held a hearing in Sacramento yesterday (2-25-08) on the lapses that led to the Hallmark/Westland downer cow situation.  Bill Marler (Marlerblog) was one of the speakers, and his testimony is availbable on his website.  The following is the announcement of the hearing from Senator Florez's website:

SACRAMENTO-- Senator Dean Florez, D-Shafter, will hold a hearing Monday in Sacramento into the lapses that led to the largest beef recall our nation has ever experienced. Reports this week indicate that more than 50 million of the 143 million pounds of beef  recalled were distributed to schools across the nation through a federal nutrition program, and 20 million of those were consumed by students.

The Senate Select Committee on Food-borne Illness will focus its inquiry on how California’s food safety system allowed “downer” cattle deemed “unfit for human” consumption into the food chain.  Officials from the California Department of Public Health (DPH) and the California Department of Food & Agriculture will be asked to report what additional steps they are taking to prevent potentially contaminated meat from entering our food supply in the future.

The Committee will explore the roles of federal and state officials in these tasks, and what the state is doing to fill the obvious gaps in the federal system. The magnitude of the recent recall, dating all the way back to 2006, indicates that the federal inspection system has been deficient for some time.

The state’s failure to catch the misconduct over a two year period is another crucial shortcoming which must be addressed.  To that end, Florez has proposed the installation of cameras in plants like Westland/Hallmark to document that cattle intended for human consumption are healthy enough to walk unaided to the slaughterhouse.  Westland/Hallmark, which installed such cameras only after its plant was shut down, has declined to send a representative to Monday’s hearing.

Officials with DPH will also be asked to answer questions regarding the implementation of SB 611, which requires notification of health officials in the event of a recall.

Florez, an outspoken advocate of improved food safety precautions, has also called on the Governor to reimburse cash-strapped school districts their expenses from the recall, to be recouped from Westland/Hallmark through the efforts of California’s Attorney General.

"Schools shouldn't have to go through a complicated process of getting reimbursed, and I hope this bill will help cut through some of the bureaucracy,” Florez said.  “We are facing tough cuts as it is. Student’s educational opportunities shouldn’t be further stifled because of this company’s actions.”

Transcript and Audio of Hallmark/Westland technical briefing

The transcript (and audio recording) of last week's technical briefing on the downer cow plant are available on the USDA website.  And now I see that it is not surprising that the media think that recalls are mandatory.  Read this comment by Dr. Kenneth Petersen, assistant administrator, Office of Field Operations for USDA Food Safety and Inspection Service.  Dr. Petersen describes the significant role of the USDA in carrying out the recall, but it also almost sounds as if USDA initiates the recall:

DR. PETERSEN: Hi, this is Dr. Petersen. While we are initiating this recall, really consistent with how we would do other recalls, other than the size of it, but we have rather defined procedures. We have a recall direction board, where my folks follow certain prescribed procedures. That directive is available on our home page for those who want to get into any of the details of that. But basically the way it works is, the recalling firm, obviously in this case Hallmark, identifies their initial primary customers, who they sent products to. And that could be either other producing facilities—obviously in this case some of them were facilities that produced for the School Lunch Program. They could be facilities that produced for commercial markets or also in the School Lunch Program. And then those locations typically distribute further down the distribution chain.

And so we start out going to those locations, find out what they made and who else they distribute to. And as part of that initial notification that Hallmark would do, they would tell them, "Here's the products you receive," and tell them what they would do with it, which is in this case obviously control it, and then to destroy the product by either landfill, incineration or inedible rendering.

And we work our way down the distribution chain until we develop basically all points of distribution down to the point of purchase for consumption. And once we have that, then we go randomly to various locations. Again this is a Class II recall, so I would go to a certain prescribed number of locations—that's based again on my directive—and make sure that folks throughout the distribution chain were notified that they had the products, they knew what to do with it, and that they took the appropriate action. And if we get to a location where that didn't occur, then we will cite them for failing to follow the provisions of a recall.

So we've already begun that practice. We really began it over the weekend. I mean certainly on the commercial side the folks in Marketing Regulatory Programs, because of the School Lunch contracts and tracking, have a slightly different nuance on it. So we're starting to track it through the chain.

TRANSCRIPT: Technical Briefing - Hallmark/Westland Meat Packing Company - (02/21/08)

The personal side of salmonella

Heather Currie posted a comment early today regarding the Banquet pot pie recall (blogged here, here, and here).  Heather's comment highlights both the horror of food poisoning and the challenge of trying to establish causation:

I am the consumer who reported salmonella to the USDA in December from a Banquet turkey meal. I keep reading about my report in different websites, and I thought everyone who seems to be so interested in it would be interested in the whole truth. 

My 3 year old disabled son nearly died from salmonella poisoning. I am told it is the worst case in the country from the Banquet recall -- he was sick for 10+ days and hospitalized for 4 days. He had seizures and had blood stools, not blood in his stool but actually blood instead of stool and nearly died.

We were contacted by an adjuster from ConAgra who wanted to know what happened and said that it was not ConAgra's fault that my son became ill and that I had no proof without the meal to be tested. Now how am I supposed to have a meal that can be tested when the kid ate it? How conveinient for ConAgra! The adjuster then went on to tell me that ConAgra has no liability to my family and that I can't prove anything. I said we have confirmed salmonella here, and he said Oh well no meal no deal. And I said well my son almost died, and he said, No meal no deal, and I said, Your company should be ashamed, and he HUNG UP on me!

Now ConAgra's stand in the media is we apologize blah blah blah - but in real life they almost kill your child and then yell at you and treat you like you are stupid and hang up!

Bill Marler has information about all the major foodborne pathogens on Marlerblog.  The following is just a small excerpt from the page on Salmonella:

Salmonella infection occurs when the bacteria are ingested, typically from food derived from infected food-animals, but it can also occur by ingesting the feces of an infected animal or person. Food sources include raw or undercooked eggs/egg products, raw milk or raw milk products, contaminated water, meat and meat products, and poultry. Raw fruits and vegetables contaminated during slicing have been implicated in several foodborne outbreaks.

Symptoms of Salmonella infection

The acute symptoms of Salmonella gastroenteritis include the sudden onset of nausea, abdominal cramping, and bloody diarrhea with mucous. Fever is almost always present. Vomiting is less common than diarrhea. Headaches, myalgias (muscle pain), and arthralgias (joint pain) are often reported as well. The onset of symptoms usually occurs within 6 to 72 hours after the ingestion of the bacteria. The infectious dose is small, probably from 15 to 20 cells.

Stephen Colbert and the Happy Meal video

Stephen Colbert defended the McDonald's happy meal the other night:

My 15 year-old son and I enjoyed this, but thanks to Marion Nestle (What to Eat) for reminding me that it was blogworthy.

Voluntary Recalls and news reports

Recalls are voluntary, even this one, but that fact seems not to be widely known. One of my students is writing a term paper on mandatory recall authority, something the federal food agencies want, but do not now have. 

The USDA can launch an investigation and shut down an operation, and it can seize adulterated food still in commerce, and in this case it was able to pull a lot of food from its own programs (the National School Lunch Program, the Emergency Food Assistance Program and the Food Distribution Program on Indian Reservations) and suspend future contracts with the producer.  But recalls are voluntary. 

When a company does recall a product, the USDA issues a Recall Notice, which is published on its website, but it is actually the company that is asking you to look into your freezer and send back the recalled product.  After all the recalls of the past year and a half, I would have thought the distinction would be more clear.  But it's not.

Andrew Martin of the New York Times got it right, although the headline could be misconstrued:

Largest Recall of Ground Beef Is Ordered

A California meat company on Sunday issued the largest beef recall in history, 143 million pounds . . .

Technically, the Department of Agriculture does not have the authority to recall meat. However, it can withdraw its inspectors from a plant, putting pressure on a company to issue a recall.

But the International Herald Tribune article, also by Andrew Martin, did not:

The U.S. Department of Agriculture has ordered the largest recall of beef ever by far, . .

Associated Press via FoxNews.com:

The U.S. Department of Agriculture on Sunday ordered the recall of 143 million pounds of beef from a Southern California slaughterhouse that is the subject of an animal-abuse investigation.

At least the message is getting out that there is a recall.  But the Humane Society of the United States released its damning video on January 30, 2008. The USDA immediately suspended Hallmark/Westland as a supplier to the national school lunch program. But the voluntary recall was not issued until February 17, a full two and a half weeks later.

More news clips:

The Washington Post:

The Agriculture Department has ordered the largest meat recall in its history

Associated Press via MSNBC.com:

USDA recalls 143 million pounds of beef

The U.S. Department of Agriculture on Sunday ordered the recall of 143 million pounds of beef

ClickonDetroit.com:

LOS ANGELES -- The government is issuing a huge beef recall.

The U.S. Department of Agriculture is calling back 143 million pounds of frozen beef

And CNN.com gets the headline wrong, but then gets it right. 

USDA orders recall of 143 million pounds of beef

A slaughterhouse that has been accused of mistreating cows agreed Sunday to recall 143 million pounds of beef in what federal officials called the largest beef recall in U.S. history.

AlJazeera.com (Wait -- Aljazeera?!  This recall was big news, and once a headline starts its way around the world, it really goes around the world.)

US agency orders beef recall

The US department of agriculture (USDA) has recalled 65,000 tonnes of beef produced in a Californian abattoir.

Obama on Beef Recall

Senator Obama has also released a statement on the beef recall.[Bill Marler gets the credit for finding this.  Go to Marlerblog to see Bill's post including a swimsuit photo of Obama.]

From Obama's website:

Senator Barack Obama released a statement on the Department of Agriculture’s decision to recall 143 million pounds of frozen beef that came from “downed” animals.  The consumption of downed cattle can pose a higher risk of contamination from E. coli, salmonella or mad cow disease.

"Senator Obama said:  “Although the Department of Agriculture has now recalled the tainted beef, an estimated 37 million pounds has gone to school lunch programs, and unfortunately, officials believe that most of the meat has already been consumed by schoolchildren.  This incident demonstrates yet again the inadequacy of the food recall process.  Far too often, tainted food is not recalled until too late.

"When I am President, it will not be business as usual when it comes to food safety.  I will provide additional resources to hire more federal food inspectors.  I will also call on the Department of Agriculture to examine whether federal food safety laws need to be strengthened, in particular to provide greater protections against tainted food being used in the National School Lunch Program. 

"As the parent of two young daughters, there are few issues more important to me than ensuring the safety of the food that our children consume.  I commend the Humane Society of the United States for bringing this important issue to the public attention and believe that the mistreatment of downed cows is unacceptable and poses a serious threat to public health.”

Hillary Clinton on the Beef Recall

Senator Clinton released a statement about food safety after Sunday's beef recall (blogged here), and yesterday unveiled a Food Safety Plan.  The statement:

The news today of the largest beef recall in our nation's history is yet another troubling reminder that we have done too little to protect our food supply. This incident also reveals a danger to our children, since the Hallmark company is the second largest supplier to the U.S. School Lunch program. I believe that American families should not have to worry about the safety of the food on their dinner tables or in their children's school lunches. That is why I have long been calling for common-sense – and long-overdue – food safety reforms, building on my work in the Senate. As President, I will fully fund our food safety system so that our inspectors have the resources and manpower they need to do their jobs. I will create a single food safety to replace the patchwork of regulation we have now. I will implement an effective recall system so that potentially tainted food immediately comes off of grocery store shelves and families receive instant notification. I will strictly enforce safety rules and impose stiff criminal and civil penalties on violators. And I will crack down on the slaughter of sick or injured cows, a practice which poses health risks to families and children. Now more than ever, America needs a President who will deliver concrete reforms that fill the gaps in our food safety system.

Click to read the full plan

Largest ever ground beef recall

The Hallmark/Westland recall is a Class II recall (health risk: low), but it is reportedly the largest in history.  From the USDA news release:

Hallmark/Westland Meat Packing Co., a Chino, Calif., establishment, is voluntarily recalling approximately 143,383,823 pounds of raw and frozen beef products that FSIS has determined to be unfit for human food because the cattle did not receive complete and proper inspection. Through evidence obtained by FSIS, the establishment did not consistently contact the FSIS public health veterinarian in situations in which cattle became non-ambulatory after passing ante-mortem inspection, which is not compliant with FSIS regulations.

Such circumstances require that an FSIS public health veterinarian reassess the non-ambulatory cattle which are either condemned and prohibited from the food supply, or tagged as suspect. Suspect cattle receive a more thorough inspection after slaughter than is customary.

Read the news release

USDA Q & A on Hallmark/Westland meat packing

QUESTIONS AND ANSWERS HALLMARK/WESTLAND MEAT PACKING CO.

February 17, 2008

Q. Why didn't USDA's Food Safety and inspection Service immediately suspend operations at Hallmark/Westland Meat Packing Company?

A. On Feb. 4, FSIS issued a Notice of Suspension based on the Hallmark/Westland Meat Packing Company's failure to maintain and implement controls to prevent the inhumane handling and slaughter of animals at the facility required by USDA Food Safety and Inspection Service (FSIS) regulations and the Humane Methods of Slaughter Act. Issuing a Notice of Suspension is a normal course of action when FSIS finds egregious violations of humane handling regulations. The suspension will remain in effect and the plant will be unable to operate until written corrective actions are submitted and verified by FSIS to ensure that animals are handled and slaughtered humanely.

Q. Why didn't FSIS suspend the establishment upon learning of the allegations?

A. FSIS initiated the investigation after receiving allegations of inhumane handling of cattle at the Hallmark/Westland Meat Packing Company. The plant voluntarily ceased operations on Friday, Feb. 1, pending Agency investigation that led to verification of alleged activities documented in undercover videos.

On Feb. 4, FSIS suspended inspection at Hallmark/Westland Meat Packing Company, and the plant will not be able to resume operations until they adequately respond to the Notice of Suspension. The response must explain how these violations occurred, what actions they have planned to address the violations, when they plan to implement those changes and must demonstrate that it has acceptable corrective actions in place. When the Hallmark/Westland Meat Packing Company is permitted to resume operations, FSIS inspectors will increase oversight and verification of the plant's implementation of the corrective actions.

Read the rest on the USDA website:

Mercury in Fish

William Mitchell College of Law student Michael Niemann prepared this post:

My wife (who is expecting) and I were talking with another couple (who also have children) about the relative risks that mothers have to consider when pregnant. One of the issues that came up was mercury. I became curious because we eat a decent amount of fish, especially during Lent. I searched and found a few articles. Here's one written by a mother who has read the report referenced below. Here is one describing tests on sushi and other fish around New York.

The first article references a study (summarized here) commissioned by Oceana, an environmental group. Its conclusions are troubling. According to Oceana,

“recent independent laboratory testing of 94 samples of fish and sushi bought in 26 U.S. cities revealed that the mercury content of fresh tuna and swordfish approaches or exceeds levels that may pose risks to human health, particularly for children and women thinking of having kids.”

Volunteers purchased fish in 26 American cities and had samples tested by an independent laboratory using standard techniques. They found that mercury levels in sushi tuna and swordfish were commonly in excess of the one part per million threshold published by the FDA.

The findings call into question the FDA’s understanding of mercury in fish and, according to Oceana, militate for a more serious warning from the FDA. Though the FDA has issued a memo to consumers on mercury in fish, the volunteers in the study asked fish vendors about mercury risks and found that most knew nothing. There is a sign (left) issued by the FDA to warn consumers, but note that tuna, a common form of sushi, is not listed there.

This report raises serious questions for consumers. Clearly the report, though drawn from a small sample size, points to both higher levels of mercury than the FDA assumes, as well as to the fact that it has been years since the FDA studied mercury in fish. What other thresholds or research are out of date? Fortunately, we are not big sushi eaters, and there are many fish varieties that are considered quite low in mercury content. But with many sources singing the praises of fish as a part of a healthy lifestyle, consumers may be ingesting more mercury than they know.

Thank you to William Mitchell College of Law student Michael Niemann for preparing this post.

Austin, MN meatpacking probe

From an article in the Rochester (MN) Post Bulletin:

AUSTIN -- The state Health Department plans to interview another 25 people at Quality Pork Processors in Austin as part of its investigation into a mystery disease.

State Epidemiologist Dr. Ruth Lynfield says the next group of interviewees work in the rendering portion of the plant directly below the "head table." . . .

The meatpackers in Austin have reported fatigue, numbness and tingling in their arms and legs, with a wide range in severity.

One theory is that the air compression system sprayed droplets of pig brain tissue into the air, which somehow caused nerve damage in workers who were exposed to it.

So far there have been 13 workers identified with neurological symptoms.

Thank you to William Mitchell College of Law student Lucas Nesse for preparing this post.

USDA oversight at Chino, CA, meatpacking plant

According to a recent statement made by the U.S.D.A, operations at the Hallmark/Westland Meat Packing Company in Chino, CA, have ceasedfter the Humane Society of the United States raised concerns about oversights in inspections at the plant. From an L.A. Times article:

“...hidden camera video showed workers there using various inhumane methods to force "downer" -- or non-ambulatory -- cattle to their feet and into the slaughter box.

"We rely on a system, and the system dropped the ball,” said Dean Cliver, a food safety expert who has served in advisory roles with the Food and Drug Administration and the Department of Agriculture.

Cattle that are unable to walk are banned from use as human food because they show a higher occurrence of bovine spongiform encephalopathy, commonly known as mad cow disease.

Undercover activists with the Humane Society of the United States insist that downer cattle have entered the commercial food chain and that they have "very clear documentation" on video of at least four downer cows being slaughtered for human food.”

Link to statement by Agriculture Secritary Ed Schafer on U.S.D.A. website:
http://www.usda.gov/wps/portal/usdahomecontentidonly=true&contentid=2008/01/0025.xml

Link to statement by U.S.D.A on U.S.D.A. website:
http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2008/02/0033.xml

Thanks to William Mitchell College of Law student Rebecca Steffen for preparing this post. (Photography credits also Rebecca Steffen.)

CROI: Pre-Chewed Food Passes HIV to Children

When HIV-positive mothers or caregivers pre-chew an infant's food, they may transmit the virus to the child, investigators reported at CROI 2008, the 15th Conference on Retroviruses and Opportunistic Infections last week. 

From a MedPage Today Article (Including news video featuring Dr. Kenneth Dominguez):

The cases came to light when local doctors were unable to find other modes of HIV transmission.  Together with local authorities in Memphis and Miami, CDC researchers conducted an intensive investigation before concluding that food, pre-chewed by a caregiver, had been the way the three children contracted the virus.

In two cases, the mother was HIV-positive and transmitted the virus to her child, while in the third case -- with an HIV-negative mother -- the virus was passed from an infected great aunt who had been caring for the infant..

Gaur AH, et al "Practice of offering a child pre-masticated (pre-chewed) food: an unrecognized possible risk factor for HIV transmission" CROI 2008; Abstract 613b. Abstract: http://www.retroconference.org/2008/Abstracts/31723.htm

Link to Aidsmap a worldwide AIDS news and information source

Thank you to William Mitchell College of Law student Emily Brooks-Lipor for preparing this post.

Draft guidance, public meeting on Lysteria in Ready-to-eat foods

From a CFSAN Constituent Update:

The Food and Drug Administration (FDA) today [Feb. 7, 2008] issued draft compliance policy guidance on Listeria monocytogenes (L. monocytogenes) in ready-to-eat (RTE) foods, and draft guidance for the industry on controlling the food-borne pathogen in refrigerated or frozen RTE foods. The agency is inviting public comments on both.

In addition, FDA announced it will convene a March 28 public meeting to discuss and share information with stakeholders about the new guidance.

The draft Compliance Policy Guide (CPG) is intended to provide clear policy and regulatory guidance for FDA staff regarding L. monocytogenes in certain foods. In particular, the draft CPG sets forth an enforcement policy concerning L. monocytogenes in RTE foods that support the growth of L. monocytogenes and RTE foods that do not support the growth of L. monocytogenes. The draft CPG describes the characteristics of RTE foods that do and do not support the growth of L. monocytogenes and identifies examples of foods that fall into each category.

The new guidance is expected to provide a public-health benefit by enabling FDA to focus inspection resources on food products that pose the highest risk of Listeriosis to public health.

Read the Constituent Update on the CFSAN website.

USDA Extends ban on meat from cow-abusing slaughterhouse

Bill Marler has a great post on this, in which he points out that

. . .the Westland plant had been cited in 2005 for using electric prods on animals. This was the same year that Westland Meat Company was awarded “The Supplier of the Year for 2004-2005 for the National School Lunch Program.”

Go to MarlerBlog to read more

Food-Borne Illness Litigation Conference Feb 28 & 29 in Scottsdale

From the American Conference Institute website:

Preventing and Managing Food-Borne Illness Litigation. For this unique event, we’ve assembled a multi disciplinary faculty of epidemiologists, microbiologists, key regulators and top litigators in the area, and an agenda that covers all the issues that arise in litigating and settling these complex cases. Get strategic and practical insights into:

• Understanding the science behind tracing and identifying a pathogen – so you can make or refute the causal link in your case
• Getting back on track with consumers after a crisis:getting out the right message
• Using Freedom of Information Act (FOIA) requests:why they are such an effective discovery tool in food borne illness cases
• Deposing food-borne illness experts: tips and techniques
• Effect of insurance coverage issues on how you proceed in a third party action
• Analysis of where plaintiffs been most successful in food-borne illness class actions and MDL proceedings

Conference Overview

Agenda

3 Companies indicted for tainted pet food!

From an article in the Washington Post:

"Two Chinese businesses and a U.S. company were indicted Wednesday in the tainted pet food incidents that killed potentially thousands of animals last year and raised worries about products made in China.

"Xuzhou Anying Biologic Technology Development Co.; Suzhou Textiles, Silk, Light Industrial Products Arts and Crafts I/E Co.; and Las Vegas-based ChemNutra Inc. were charged in two separate but related indictments. . . .

"The U.S. attorney's office in Kansas City said the U.S. Food and Drug Administration has received consumer reports suggesting 1,950 cats and 2,200 dogs died after eating food contaminated with the toxic chemical melamine."

The FDA press release:

Contaminated pet food caused pet illnesses and deaths last year

The U.S. Food and Drug Administration's (FDA) Office of Criminal Investigations announced that two Chinese nationals and the businesses they operate, along with a U.S. company and its president and chief executive officer, were indicted by a federal grand jury today in separate but related cases. The indictments are for their roles in a scheme to import products purported to be wheat gluten into the United States that were contaminated with melamine. These products were used to make pet food.

Xuzhou Anying Biologic Technology Development Co., LTD. (XAC), a Chinese firm that processes and exports plant proteins to the United States; Mao Linzhun, a Chinese national who is the owner and manager of XAC; Suzhou Textiles, Silk, Light Industrial Products, Arts and Crafts I/E Co. LTD. (SSC), a Chinese export broker that exports products from China to the United States; and Chen Zhen Hao, president of SSC and a Chinese national were charged in a 26-count indictment returned by a federal grand jury today in Kansas City, Mo.

Also indicted were ChemNutra, Inc., a Las Vegas, Nevada corporation that buys food and food components from China to sell to U.S. companies in the food industry, along with ChemNutra owners Sally Qing Miller and her husband, Stephen S. Miller, who were charged in a separate, but related, 27-count indictment. Sally Qing Miller, a Chinese national, is the controlling owner and president of ChemNutra; Stephen Miller is an owner and CEO of ChemNutra. The indictments charge all seven defendants with delivering adulterated food that contained melamine, a substance which may render the food injurious to health, into interstate commerce; introduction of a misbranded food into interstate commerce; and other charges.

The indictments allege that more than 800 tons of purported wheat gluten, totaling nearly $850,000, was imported into the United States between Nov. 6, 2006, and Feb. 21, 2007. According to the indictments, SSC falsely declared to the Chinese government that those shipments were not subject to mandatory inspection by the Chinese government prior to export.

Melamine can be used to create products such as plastics, cleaning products, glues, inks, and fertilizers. Under certain conditions, melamine mixed with wheat gluten can make the product appear to have a higher protein level than is actually present. Melamine has no approved use as an ingredient in human or animal food in the United States. Wheat gluten is a natural protein derived from wheat or wheat flour, which is extracted to yield a powder with high protein content. Pet food manufacturers often use wheat gluten as a thickener or binding agent in the manufacture of certain types of pet food.

ChemNutra contracted with SSC, a Chinese registered export broker, to purchase food grade wheat gluten, according to the indictment. SSC then entered into a separate contract with XAC to supply the wheat gluten it needed to fulfill its contract with ChemNutra.

The indictments allege that the products purported to be wheat gluten were misbranded because the labels incorrectly represented that the purported wheat gluten had a minimum protein level of 75%.

On March 15, 2007, a pet food manufacturer alerted FDA to the deaths of 14 cats and dogs, several reported by consumers and several that died during routine taste trials conducted by the company. The animals were reported to have developed kidney failure after eating pet food that had been manufactured with the purported wheat gluten.

FDA Press Release

Background on FDA Regulation of pet food

Thank you to William Mitchell College of Law student Lucas Nesse, who contributed to this post.

FDA Warns of Ciguatera Poisoning from Gulf of Mexico Fish

This week the FDA is warning consumers of the risk of ciguatera poisoning linked to fish harvested in the northern Gulf of Mexico.  The risky fish were traced to an area in federal waters south of the Texas-Louisiana coastline. The Associated Press reports at least 28 cases in people around the country since November.  The riskiest fish are grouper, snapper, amberjack, and barracuda.

According to the CDC, ciguatera poisoning is caused by eating fish that have eaten toxic marine algae.  Symptoms include nausea, vomiting, and neurological dysfunction such as sensing cold things as hot and hot things as cold. The FDA’s Bad Bug Book says that ciguatera poisoning usually sets in hours after eating the fish and, while generally short-lived, can last for years in some cases.

The FDA is stressing that seafood processors should review their HAACP (Hazard Analysis and Critical Control Point) plans concerning fish that can harbor the toxin.  Failure to do so may result in fish products being classified as adulterated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(4)). 

Link to FDA’s warning letter to the fisheries industry. 

Thank you to William Mitchell College of Law student Ellen Laine for preparing this post.