William Marler: American Food Safety System a "Train Wreck"

SEATTLE--(BUSINESS WIRE)--In just a year and a half, the American meat industry has experienced a whiplash of beef recalls. 40 million pounds of meat tainted with highly toxic E. coli O157:H7 has been publicly recalled, up by a staggering factor of two hundred from the 2006 amount of only 181,900 pounds.

This is beyond the wheels coming off of the meat supply system, said food borne illness attorney William Marler. Its the entire train in a tangled heap. And the people caught in the train wreck are you and me and all of our neighbors. When reports say that there is a one in 400 chance that the package of ground beef you pick up at the supermarket will be tainted with a lethal bacterium, the food safety system is no longer functioning, and immediate, radical steps must be taken.

In more than thirty recalls ranging from a few hundred to millions of pounds, the Food Safety Inspection Service (FSIS) has deemed E. coli contaminated meat a class I (one) health hazard to consumers. (A class I recall involves a health hazard situation in which there is a reasonable probability that eating the food will cause health problems or death.)

There are many theories as to why there has been such an unprecedented jump in E. coli, said Marler. It could be regulatory complacency, better reporting, or immigration sweeps that have left slaughterhouses empty of skilled workers. Global warming may be spreading fecal dust. High oil prices may have led to an E. coli-producing diet for cattle. The microbe itself may even be evolving to elude capture. Another possibility is that the higher costs of slaughterhouse inputs (beef cattle) have collided with retailers low price pressures on outputs (hamburger) from those same slaughterhouses. These ideas need investigation and research, so that real change can begin.

To advance that change, Marler reached out to the food safety community and asked for ideas from experts, scientists, regulators, and food agency brass. He distilled the volumes of submitted suggestions into ten action items (full text can be found here):

  • Improve surveillance and reporting of bacterial and viral diseases.
  • Require real training and certification of food handlers at restaurants and grocery stores.
  • Stiffen license requirements for large farm, retail, and wholesale food outlets.
  • Increase food inspections.
  • Reorganize federal, state, and local food safety agencies to increase cooperation and reduce wasteful overlap and conflicts.
  • Establish tax credits for companies with good food safety records, and greater legal consequences for sickening or killing customers with tainted food.
  • Use our technology to make food more traceable.
  • Promote university research.
  • Improve consumer understanding of the risks of food-borne illness.
  • Provide Presidential leadership on a topic that impacts every single one of us.

There are a lot of very smart, very dedicated professionals in the food safety community, Marler concluded. They have spent their careers working toward a better food supply, and that collective knowledge is available to design and implement change. We need our leaders to get on board, and get the food safety train back on track.

BACKGROUND: Marler Clark has represented thousands of victims of foodborne illness outbreaks since 1993. The firms attorneys have litigated high-profile food poisoning cases against such companies as ConAgra, Wendys, Chilis, Chi-Chis, and Jack in the Box. Marler Clark currently represents thousands of victims of outbreaks traced to ground beef, peppers, pot pies, spinach, and peanut butter, as well as other foods. For further information contact Mary Siceloff at msiceloff@marlerclark.com or (206) 719-4705, or visit www.MarlerClark.com.

Do Not Eat Tomalley In Maine Lobsters, Warns FDA

Just in time to ruin your summer vacation to Bar Harbor and other locations on the beautiful Maine coast comes this warning from our friends at the U.S. Food & Drug Administration (FDA):

Avoid eating tomalley in American Lobster (Maine Lobster), regardless of where the lobster was harvested, because of potential contamination with dangerous levels of the toxins that cause Paralytic Shellfish Poisoning (PSP).

American lobster, also known as Maine lobster, are harvested from the waters of the Atlantic Ocean from Northeastern Canada to South Carolina, inclusive.

The FDA advisory applies only to tomalley, the soft, green substance found in the body cavity of the lobster that functions as the liver and pancreas. Cooking does not eliminate the PSP toxins. However, studies have shown that, even when high levels of PSP toxins are present in lobster tomalley, lobster meat itself is typically unaffected.

Symptoms of PSP include tingling and/or numbness of the mouth, face or neck; muscle weakness; headache; and nausea. In extreme cases, when large amounts of the toxin are consumed, these symptoms can lead to respiratory failure and death. Symptoms usually occur within two hours of exposure to the toxin. Anyone experiencing these symptoms should seek medical attention.

For more, go to the FDA here.

Raw Milk Isn't Cheap, That's For Certain

Got Raw Milk? It ran on American Public Media. Pointed out one thing we didn't know. Raw milk sells for $12 a gallon! Check it out here.  It is fair and balanced.

Deadly Form of Tuberculosis Linked To Raw Cheese

Raw Milk's first cousin Raw Cheese is bringing death to San Diego in the form of a disease most Americans think no longer exists in the United States.   Doug Irving, writing in the Orange County Register, yesterday reported:


Researchers have found a potentially deadly strain of tuberculosis infection spreading through Latino communities in Southern California and suspect the disease is being imported from Mexico in unpasteurized cheese...

Tuberculosis is an infection of the lungs that kills nearly 2 million people worldwide every year. The strain of tuberculosis that researchers found in San Diego County is more often linked to cattle, but can spread to people through raw dairy products.

That particular strain remains rare, even in San Diego County, the researchers concluded. But more than 90 percent of the people who were sickened by it were Latino, mostly from Mexico.

There's one error in Irving's story, his report has all unpasteurized milk and cheese being illegal in the United States.  Some may wish that were true.   However,  the OC Register is well worth the read and can be found here.


South Dakota Recalls Unpasteurized Milk

South Dakota is recalling milk  for a potential health risk due to improper pasteurization.

 We are wondering if the "dirty dairy" bill passes in California if states that discover unpasteurized milk could in the future just send it to the Golden State where it could be mixed into the "bacteria cocktails" for sale by retailers like Whole Foods.

But we digress.  Health officials in South Dakota are urging people not to drink any half-gallon, 1 percent Hy-Vee Health Market Milk with a product code before June 2nd.  The recall was issued by the South Dakota Department of Agriculture.

Unpasteurized milk may contain E. coli, Salmonella, and other harmful bacteria that can cause life-threatening illness.  

"Dirty Dairy" Bill Introduced In California Senate

Let’s call it what it is: the “dirty dairy” bill.

California has always been silly about its organic movement. Yet, it’s usually been serious about food safety and public health.

Raw milk is NOT pasteurized. According to the Centers for Disease Control & Prevention, more than 1,000 people got sick from raw milk and raw cheese between 1998 and 2005. More than 100 went to the hospital. Two died.

There’s a small market commercial market for raw milk in California—about 40,000 people. (Or 1/10th of one percent of all California consumers)

But with just two raw milk producers in the state, the troubled Organic Pastures of Fresno County and Claravale Farms on San Benito County, the raw milk market is big enough. OP sells to 300 retail stores, including Whole Foods.

Hang in there; we will get to the “dirty dairy” bill in a minute.

Sacramento health officials are very much aware of the destruction caused by Organic Pastures. It is implicated in both E. coli and Campylobacter outbreaks and a Listeria recall. Attorney Bill Marler represents a couple of OP’s former customers, both HUS victims with one for sure requiring a transplant.

So, California, being a serious state, opted to regulate raw milk with a scientifically measurable standard of 10 coliform bacteria per milliliter of raw milk.

The “dirty dairies” howled and went into action, filing a lawsuit against the new state regulation. They lost. Now, the “dirty dairies” are commanding their minions, specifically Sen. Dean Florez, D-Shafter, to introduce the “dirty dairy” bill to lift the safety standard.

The limits are there to make sure dairies are clean because dirty dairies are more likely to breed pathogens. The California Department of Food & Agriculture views the standards as “reasonable and attainable.”Current regulations allow the dairies to use independent labs and only if specific harmful pathogens are found and verified could raw milk production be halted.

Not good enough for Dean’s “dirty dairy “ bill, which would eliminate bacteria limits.
The crux of what he is saying is that what raw milk customers want to buy is the bacterium cocktail that only a “dirty dairy” can produce.

All those dairy cases at Whole Foods can get pretty confusing.   Lot's of people are just grabbing for a bottle of milk, and are not aware they might be buying a "bacterium cocktail."  Today California is in business to protect consumers.  Tomorrow, it might be in business to protect Dean's dirty dairies.

Pennsylvania Department of Health Views Raw Milk As "Inherently Unsafe"

We've been wondering if we'd ever hear anything from the public health side of Pennsylvania government.   The state or more specifically its Ag department issues licenses to dairy farms that want to sell raw milk.
Pennsylvania tests raw milk and when those tests show the raw milk has gone bad, it does issue warnings and recalls.
Dr. Stephen Ostroff, Bureau of Epidemiology Director for the Pennsylvania Department of Health, has stepped up to the plate with a guest editorial in the Lebanon Daily News.  Under the headline: Raw milk raw deal for many consumers,  Dr. Ostroff calls raw milk "inherently unsafe."
Here's some more of what Dr. Ostroff has to say:

While the permitting process unquestionably enhances the safety margin of raw milk, and we strongly endorse this program, it is not a substitute for milk pasteurization.

Milk pasteurization is one of society’s greatest public-health achievements. Since its widespread adoption in the 1930s, it has prevented millions of needless illnesses and saved countless lives.

Despite that, some advocates are promoting raw milk in the mistaken belief that it is healthier or more nutritious. The scientific evidence simply does not support this claim.

All of Ostroff's comments can be found here.

 



 

Food Labs Asked To Provide Info To House On Import Tests

Food labs responsible for testing imports for safety are being put under suspicion by the U.S. House Committee on Energy & Commerce.

The Committee's Oversight and Investigations subcommittee has sent out letters to ten food labs, suggesting they had been encouraged by importers to keep testing until the product was found to be safe.

A story on the Oversight subcommittee's action in today's Chicago Tribune comes complete with a picture of a San Francisco chemist--who just happens to be Chinese--working in her laboratory. 

"We're gathering information from both the FDA and private industry about the labs almost being complicit in helping importers game the system," said Rep. Bart Stupak, D-MI, chairman of the Oversight and Investigations subcommittee that is investigating the labs and food companies. "Someone told us you pay for the result you want to get from the labs."

In addition to the May 1st letter to the labs, the Oversight subcommittee on May 8th wrote to 50 multi-national food companies demanding recall and import documents going back to the year 2000.

"We wish to assess the extent of microbiological and/or chemical contamination occurring during the processing of food and the extent to which controls have failed to prevent or eliminate contamination in food," the committee wrote.

According to the Chicago Tribune:

The role of food testing laboratories became an issue in February, when the CEO of one private lab, Anresco Laboratories of San Francisco, said private labs don't always tell the FDA when tests show that imported food may be contaminated.

So far, only two of the ten food labs have cooperated with the Subcommittee.   We soon will be seeing a bunch of  lab executives rising before the Subcommittee to swear to tell the truth!


Go here for more.

Lifeway Pushes Back Against FDA Order To Shutdown Its Cheese & Seafood

This is interesting.

Lifeway Foods, Inc. and its subsidiary, LFI Enterprises, Inc., both Illinois companies, are pushing back against the U.S. Food & Drug Administration (FDA).


The federal government last Thursday (5/15/08) ordered Lifeway to shutdown its cream cheese and seafood operations.  FDA said:

A consent decree of permanent injunction, signed by both corporations and two of their top executives, Julie and Edward Smolyansky (the defendants), halts cream cheese and seafood processing in facilities in Skokie, Ill., and Philadelphia, Pa.

The Smolyanskys did not see it that way.   On the Manufacturing Business & Technology website, they weighed in with separate statements.

Julie Smolyansky, CEO commented, "The Consent Decree has absolutely no impact or affect upon Lifeway's products or production facilities. We vigorously disagree with the allegations of the complaint. These same products have been produced for over 15 years for a very small and select group of customers in the Philadelphia area without one consumer complaint, and while we of course respect the government's position, we do not agree with their unfounded assertions. We know that we are and have been compliant as to any alleged violation asserted in the complaint. We would never place our customers at risk."

Edward Smolyansky, CFO commented, "Lifeway and LFI filed an answer to the complaint denying all material allegations. Lifeway will continue to produce and ship all of its products including its kefir, farmer's cheese, and spreadable cheese products without any interruption. As our most recent quarterly report filed on May 15, 2008 exhibits, our core product lines continue to grow at a tremendous pace, and we have never been more confident about the future of our business as a whole."

Continue Reading...

FDA Tells Hope Food Supply to Shut Down

We've been watching the Houston area media today for reports on the Hope Food Supply, which has been shutdown on the order of the U.S. Food & Drug Administration (FDA).  But, we ain't seen much.

There's been no comment out of Hope Food Supply, which has also been ordered to recall all its dried smoked catfish steaks and any other seafoods it has ever produced.  No one seems concerned about people being put out of work.

So maybe Hope Food Supply is a little pissant business, and its passing isn't going to be missed by anybody.  Here's what FDA is saying:

The U.S. Food and Drug Administration today directed Hope Food Supply Inc., a Pasadena, Texas, food processing company, to shut down and immediately recall all products manufactured from its Texas facility since 2007.

The company, under a different name, had manufactured dried smoked catfish steaks and other smoked seafood products and had been subject to a consent decree of permanent injunction requiring it to develop and implement an adequate Hazard Analysis and Critical Control Point (HACCP) plan for its fish and fishery products. The firm had not developed this plan. The company cannot restart manufacturing until they have implemented an FDA-approved HACCP plan.

"We simply will not allow a company to put the public's health at risk by not implementing adequate procedures and plans to produce safe food," said Margaret O'K. Glavin, associate commissioner for regulatory affairs. "The FDA will take action against companies and against their executives who violate the law and endanger public health."

The rest from FDA can be found here.

More Stool Cultures Needed to Catch More Food Poisoning Cases

The Centers for Disease Control and Prevention (CDC) estimates that 76 million foodborne illness cases occur in the United States every year. This amounts to one in four Americans becoming ill after eating foods contaminated with such pathogens as E. coli O157:H7, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria.  On an annual basis, approximately 325,000 people are hospitalized with a diagnosis of food poisoning, and 5,000 die.

While most foodborne illness cases go unreported to health departments, nearly 13.8 million food poisoning cases are caused by known agents—30% by bacteria, 67% by viruses, and 3% by parasites (Mead, et al., 1999).  Now an article in Clinical Infectious Disease this month explains why so few cases get reported - Emergency care physicians' knowledge, attitudes, and practices related to surveillance for foodborne disease in the United States

The article suggests:

• Because public health surveillance for bacterial foodborne diseases fundamentally depends on stool cultures, we conducted a survey of physicians who attended an emergency medicine conference to describe knowledge, attitudes, and practices among this provider population.

• Thirty-eight percent reported having ordered a stool culture for the most recent patient with acute diarrheal illness examined in the emergency department, but only 26% of the physicians subsequently received the stool culture results.

• For only 2 pathogens (Escherichia coli O157:H7 and Salmonella species) did at least one-half of the respondents provide the correct response regarding whether selected diarrheal disease pathogens were reportable in their state.

FDA Has Blocked (for a while) 2,964 Farm Fish Shipments From People's Republic Of China

Something called the U.S. China Economic and Security Review Commission last week held a hearing on “Chinese Seafood: Safety and Trade Issues.”

The big talker was Don Kraemer from the U.S. Food and Drug Administration’s Center for Food Safety and Applied Nutrition. He is deputy director in the Office of Food Safety.

Kraemer went into some extensive detail on the legal authority FDA maintains over Chinese imports to the United States; and all the policies and procedures it employs.

With doctors telling us all to eat fish twice a day, Kraemer started to get our attention with statements like this: “More than 80 percent of the seafood consumed in the U.S. is imported from approximately 130 countries, and over 40 percent of that seafood comes from aquaculture operations.”

And about China specifically, this:


"By volume, China is the largest exporter of seafood to the U.S., and the second largest in terms of monetary value. In particular, China exports significant amounts of shrimp and catfish products, which represent two of the ten most consumed seafood products in the U.S.


As the aquaculture industry continues to grow, concern about the use of unapproved drugs and unsafe chemicals in aquaculture operations has increased significantly. There is clear scientific evidence that the use of unapproved antibiotics and other drugs and chemicals, such as malachite green, nitrofurans, fluoroquinolones, and gentian violet, can result in the presence of residues in the edible portions of aquacultured seafood.

 

Fluoroquinolones are not approved for use in food fish and have been prohibited from extra-label use in the U.S. and many other parts of the world because of public health concern about the development of antimicrobial resistance. Moreover, prolonged exposure to nitrofurans, malachite green, and gentian violet, or their metabolites, has been shown to induce cancer in humans or animals.

 
Since June 28,2007, there’s been a detention order on all farm-raised catfish, basa, shrimp, dace and eel from China. This means the Chinese farm fish are subject to detention FDA without examination.


Since imposition of the countrywide Import Alert, FDA has detained 2,964 shipments of aquacultured seafood from China, and through laboratory testing, 1,387 of those shipments have been released into U.S. commerce.
Only one company, Zhanjiang Guolian Aquatic Products Corporation, Zhanjiang, China (Guolian), has taken the steps needed to get out from under the detention order.

The Review Commission is a 12-member panel created by Congress to monitor trade with China.


For Kraemer’s complete statement, go here.

Two-Day Food Labeling Workshop Being Held In Lansing In July

The Institute for Food Laws & Regulations (IFLR) at Michigan State University will present a Food Labeling Workshop on July 23-24, 2008, at The James B. Henry Center for Executive Development adjacent to the MSU campus.

This workshop is designed for food industry personnel and regulatory officials who are responsible for reviewing food labels and labeling for compliance with state and U.S. federal law.

Those involved with label evelopment or review will find the course of invaluable interest. Trade association staff, food consultants, and attorneys will also find this program valuable.

Topics to be covered in the workshop include the latest information on food allergen labeling, requirements for principal and information panels, ingredient statements, nutritional labeling, nutrient content claims, and health messages along with practical issues in food labeling regulation. The workshop format will also allow time for questions and a hands-on review of label problems.

“Labeling regulations are a specialized, complex area of law,”
said Neal Fortin, IFLR Director, “understanding these requirements is both essential for staying within the law and for ensuring food safety."

The mission of the Institute for Food Laws and Regulations is to further the education of food laws and regulations. In addition to the Food Labeling Workshop, the Institute offers the International Food Law Distance Education Certificate Program with nine courses to choose from including the International Food Laws and Regulations overview course and courses on Food Regulation in the United States, Canada, Latin America, European Union, Asia and Codex Alimentarius (the Food
Code), OIE (animals) and IPPC (plants).

Through the generosity of the Michigan Department of Agriculture and the Michigan food industry, a number of tuition scholarships are available. More information about the scholarship opportunities and the Food Labeling Workshop can be found at www.iflr.msu.edu/label.html, by calling 517-355-8295, or e-mailing IFLR@msu.edu.

###

EVENTS AND SEMINARS:

US Food Labeling Workshop
Lansing, Michigan, USA
July 23-24, 2008
8:00 a.m. to 5:00 p.m.
Institute for Food Laws & Regulations, MSU
Special early-bird registration rate before May 16, 2008
Attendance limited to first 40 registrations
Telephone: Mary Anne at 517-355-8295
Email: IFLR@msu.edu
http://www.iflr.msu.edu/label.html
http://www.iflr.msu.edu <http://www.iflr.msu.edu/>

Common Misspellings of Food Poison - food poision, food poison, food poisin, food poisons, food poisen

The CDC estimates that 76 million foodborne illness, or food poisoning, cases occur in the United States every year, which means that one in four Americans contracts a foodborne illness annually after eating foods contaminated with such pathogens as E. coli O157:H7, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria. Approximately 325,000 people are hospitalized with a diagnosis of food poisoning, and 5,000 die. The estimated costs in terms of medical expenses and lost wages or productivity are between $6.5 and $34.9 billion (Buzby and Roberts, 1997; Mead, et al., 1999).  While most foodborne illness cases go unreported to health departments, nearly 13.8 million food poisoning cases are caused by known agents – 30% by bacteria, 67% by viruses, and 3% parasites (Mead, et al., 1999).

Food Safety In Canada Put In Danger By Daffy Decision

The British Columbia Human Rights Tribunal has ruled that there is no evidence of: the relationship between food contamination and hand-washing; nor is there any  risk to the public if a restaurant employee's hand-washing is limited (or non-existent) and no reason for concern about other employees being adversely affected.  

So maybe  if your planning a vacation trip or convention in Vancouver, BC, you may want to cancel now and RUN FOR YOUR LIFE!  

The context for this daffy decision by the BC Tribunal was a dispute between McDonald's and long-time employee Beena Datt.   After working at McD's for more than 20 years, Ms. Datt came down with a skin condition that her doctor said limited or prevented her from being able to wash her hands as often as required by McDonald's policy for all employees.

There's a long story here and it is told by the blog Northern Exposure, which covers employment law for U.S. companies with employees in Canada.    It's a great read.  Check it out here.

The bottom line is McDonald's was ordered to pay Ms. Datt about $55,000 for what apparently amounts to unlawful dismissal.   Who among us can be critical of someone else for getting McDonald's to pay up?  

Still to make an actual finding that there is no link between food contamination and failure of restaurant workers to wash their hands is so stupid, one has to question what's going on in name of "human rights" in Canada.   No restaurant worker has the right to make his or her fellow workers or their customers sick.

Canada may want to be taken seriously in the worst way.   Well, this is the worst way.

 

 

FoodNet Data For 2007 Shows No Progress Against Food-borne Illness

The Centers on Disease Control & Prevention today (4/10/08) held a telephone press conference to mark the release of "Preliminary FoodNet Data on the Incidence of Infection with Pathogens Transmitted Commonly Through Food - 10 States, United States, 2007" which is also being published in this week's Morbidity and Mortality Weekly Report.

Dr. Robert Tauxe, Deputy Director, CDC Division of Foodborne, Bacterial and Mycotic Diseases, said that after marking declining trends for food borne diseases after FoodNet was established in 1996, more recent data--including that for 2007--is not showing progress.

"The lines go up and the lines go down," Dr. Tauxe said.  "We cannot say we've made significant progress in the last few years.

FoodNet monitors every diagnosis of a major food borne illness in each of ten states and then projects on the population to spot trends.

FoodNet has picked up on a signficant increase in cyptosoridium that Dr Tauxe says may be partially due to a better lab test and treatment for the parasite.

Here's the preliminary data from FoodNet for 2007 from the MMWR;  Go here for the real thing.


TABLE. Incidence* of laboratory-confirmed bacterial and parasitic infections in 2007 and postdiarrheal hemolytic uremic syndrome(HUS) in 2006, by site and pathogen, compared with national health objectives† -- Foodborne Diseases Active Surveillance Network,United States

Colorado's El Paso County Admits It Cannot Keep Up with Inspections

The top health official for Colorado's El Paso County, home of the U.S. Air Force Academy,  U.S. Northern Command,  and the Northern American Aerospace Defense Command (NORAD), just acknowledged local restaurants could be unsafe.

"We've got a large increase in the number of complaints that are coming to us, we really ought to be out there finding these things before they end up to be a complaint," says El Paso County Public Health Administrator Rosemary Bakes-Martin.  "We think what's lagging the most right now is restaurants, a restaurant inspection is pretty time consuming."

Colorado law requires local health departments inspect restaurants twice a year.  El Paso County budget constraints keep them from inspecting even once every two years.

At a budget hearing, the health department said the number of restaurant-related complaints and violations increased six-fold.   Maybe someone should call Homeland Security.

Butter Is Poison And We Should Tax It, Says Professor

Every year the Mid-Atlantic Dairy Association and Pennsylvania Diary Promotion Program sponsor the "butter sculpture" at the Harrisburg Farm Show.  This year, the buttery likenesses of Benjamin Franklin and the Liberty Bell were big hits.   At the end of the show, they were converted into high quality biodiesel.

Butter would become a whole lot more expensive if Auckland University epidemiologist Professor Rod Jackson gets his way.   Professor Jackson says butter is poison and should be hit with high taxes just like tabacco and alcohol.

Here's the news about the proposed butter tax from Stuff.co.nz

A top public health expert is calling for a health tax on butter, saying it's "pure, natural poison" and as bad as cigarettes.

 New Zealanders eat more butter per head than any other nationality and Auckland University epidemiologist Professor Rod Jackson says that's why our cholesterol levels are also among the world's highest.

"We have a health tax on alcohol and cigarettes and there should be a health tax on butter. It's the most poisonous commonly consumed food in New Zealand. It's about the purest form of saturated fat you can eat and it has no protein and no calcium. Butter has had all the good things taken out and just left the poison."

Find out more here.

An Important Story We Missed Last Sunday

The decline of the print media gets much attention.   So much so, that one sign of life for the print media goes un-noticed.   That is the rise of the number of Sunday newspapers.   We are a weekend people in this 21st Century, and newspaper publishers while often stupid are usually are not fools.

For that reason, according to figures from the Newspaper Association of America, the number of Sunday newspapers today is over 900, up from 549 in 1950.

We bring this up as an excuse because it sometimes takes us the whole week to get to what was really important in one of America's Sunday newspapers.   In fact, we cannot really make any excuses because we should always check on what Phil Brasher at the Des Moines Register is reporting.

Last Sunday, writing from the newspaper's Washington bureau, Brasher filed a story that ran online under the headline: Inspectors didn't catch cattle abuse in California.

We ran across it on www.the-inspector.com

That's the website for the federal "badge-carrying" inspectors.  However, Brasher's focus was not on those guys, but the "third party" auditors that the Westland/Hallmark Meat Co,. owner made the central item in his testimony to Congress.

In the system that grown up, we've been led to believe that meat packers are more likely to jump to their feet if one of their customers ---like Jack In The Box or Sam's Club-- are in town with "third party" auditors.  This is suppose to relieve our worries about their not being enough federal inspectors around with those badges.  Brasher reports:

Independent inspectors from auditing firms based in Virgina and Illinois both missed the livestock abuse at the Westland/Hallmark's Chino slaughterhouse that resulted in the plant's entire production for the past two years - 143 million pounds - being recalled.

The vice president of HACCP Consulting Group, a Virginia-based auditing firm, inspected the California plant last Nov. 13-14 and reported that it had a well-designed humane-handling program "to ensure that live animals are treated in a manner conducive to the tenets of established humane-handling practices."

A week later, a representative of an Illinois-based auditing firm, Silliker Inc., graded the plant's humane-handling practices according to an audit system that's in wide use through out the meatpacking industry.

The plant received 106 out of a possible 110 points, including perfect scores on the condition of the cattle and the way they were unloaded and treated in holding pens.

How could a plant treat cattle poorly - the company president says he was sickened by what he saw on the videos - and yet pass its outside inspections with no problem?

One possible explanation is that the company knew the auditors were coming and cleaned up its act.

There's a link to Brasher's story here.

Typhoid Fever Strikes Long Island Pizzeria

The Centers For Disease Control & Prevention says we do not need get a vaccine for Typhoid Fever unless we travel to Third World countries or work in a laboratory with Salmonella Typhi bacteria.  Oh, and if you happen to come into contact with anyone who is a typhoid carrier.

That last category now applies to at least 100 customers of  who ate at Mama Sbarro's at 265 Broadway in Hicksville, New York on Long Island on March 14, 15 and 16.  It seems a kitchen worker had come down with Typhoid Fever.

Typhoid fever is an acute, life-threatening febrile illness caused by the bacterium Salmonella enterica serotype Typhi.  The CDC estimates there are 22 million cases resulting in 200,000 deaths worldwide.

Newsday reports customers were upset with the Nassau County Department of Health for not closing Mama Sbarro's.  The Newsday story can be found here.

Website Names Most Dangerous States For Eating Out

The quickest way to get ink in newspapers is to do some place-based rankings.   Name the states where you are most at risk while eating out, and you are certain to get some play.   That's what the website www.healthinspections.com found out last Friday when it named "the five most dangerous states for eating out."

The dangerous five are: Florida, California, Minnesota, Ohio and New York.   The rankings stem from 2006 data on restaurant-related outbreaks tallied by the Centers for Disease Control.  The website said:

Restaurants in these five states spread bacteria such as E.coli and salmonella, making nearly 3,000 customers sick and putting 65 in the hospital.

Labeling these five states as the "most dangerous" does not mean you're safe eating out in any of the other 45.  Its no surprise that mega states like California, Florida and New York are on top of any most list.   Medium-sized states like Minnesota and Ohio well might want to review the job they are doing if they end up on a worst list.
As for the website, we don't know anything about who is behind it, but it is a quick way to connect to the online world of restaurant inspection reports and for that reason alone, it's a handy reference.

Chairman Dingell Lists What Congress Has Learned

Before the witnesses got to testify in yesterday's hearing of the House Subcommittee on  Oversight & Investigations,  Chairman John  D. Dingell had a few things to say, including:

Those who heard the testimony at our first food safety hearing of the parents of the children who became very sick or seriously injured from contaminated food understand how important these efforts are.

What have we learned so far from our work?

• CEOs of major food companies testify that they will do better—only to find that they have not.

• FDA employees and our own staff investigators tell us that the FDA has little or no control over the quality of the food entering the U.S. because the agency is understaffed.

• Yet, the FDA rewards Headquarter bureaucrats with bonuses, while they systematically starve their field inspection and laboratory forces.

• The new FDA food Czar, its enforcement chief, and the Commissioner himself tell us that the FDA can do more with less, a patently false claim I have heard for 30 years.

• FDA promises new technologies, yet they have delayed the deployment of irradiation, a technology that some experts say promises a truly effective “Kill Step” for the pathogens that contaminate our food.

The Michigan Democrat is Chairman of the House Energy & Commerce Committee to which the Subcommittee reports.  His entire  statement can be found here.

Seattle Food Safety Conference

Seattle food safety conferenceFew subjects draw more immediate attention or concern than the safety of the food we eat. Recent years have seen a plethora of food warnings and recalls, raising new questions about the quality and integrity of our existing system for assuring food safety. In addition to explaining how our present system works, this program is intended to generate discussion on how changing consumer preferences are affecting the development and distribution of food, examine whether Federal, state, and industry oversight roles are changing, and discuss how regulatory and judicial processes can be most efficiently balanced. Participants include national and local representatives of government, the food industry, consumer organizations, and scientists.

Join Seattle University, Marler Clark, and Stoel Rives in welcoming renowned food safety experts from across the globe at the Seattle food safety conference:  Who's Minding the Store?  The Current State of Food Safety and How it Can be Improved.

Who should attend:
• Food Industry Professionals
• Regulators and Policy Makers
• Consumer Advocates
• Plaintiff & Defense Attorneys
• Public Interest Representatives

SPACE IS LIMITED; REGISTER EARLY.


Conference Agenda

April 11, 2008
8:15 a.m. - 9:15 a.m.

Welcome & Introductory Remarks

Kellye Testy, Dean, Seattle University School of Law

Barbara Kowalcyk, Director of Food Safety, Center for Foodborne Illness Research and Prevention

Richard Raymond, MD, Under Secretary for Food Safety, USDA FSIS

9:15 a.m. - 10:45 a.m. Defining the Problem
How concerns about food safety are viewed by physicians, disease experts, state regulators, and consumers.

Tom Billy, President, International Food Safety Consulting LLC

Sandra McCurdy PhD, Extension Food Safety Specialist, School of Family and Consumer Sciences, University of Idaho

Carlota Medus PhD, MPH, Epidemiologist, Acute Disease Investigation and Control Section, Minnesota Department of Health

William Keene, PhD, MPH, Senior Epidemiologist, Oregon Public Health Services, Acute and Communicable Disease Program

Richard Siegler MD, Professor Emeritus, University of Utah School of Medicine

11:00 a.m. - 12:30 p.m. How the Regulation of Food Safety Works
The roles and responsibilities as seen by Federal and State regulators, industry, and consumers

Mansour Samadpour PhD, CEO, IEH Laboratories

Christine Bruhn PhD, Director, Center for Consumer Research, University of California-Davis

David Goldman MD, MPH, Assistant Administrator, Office of Public Health Science, Food Safety and Inspection Service, USDA

Bala Swaminathan PhD, Vice President, Technical and Business Development, IHRC Inc.

Caroline Smith DeWaal, Food Safety Director, Center for Science in the Public Interest

12:30 - 1:45 p.m. Lunch, Seattle University School of

Kellye Testy, Dean, Seattle University School of Law

Luncheon Speaker: Governor Christine Gregoire

1:45 p.m. - 3:15 p.m. Zones of Responsibility
What are the responsibilities of growers/producers, sellers, government, and consumers in the food safety system?

John Munsell, President, Montana Quality Foods & Processing; Manager, Foundation for Accountability in Regulatory Enforcement

Craig Wilson, Assistant Vice President / GMM, Food Safety & Quality Assurance, Costco Wholesale

Scott Rickman, Associate General Counsel, Del Monte Foods

Andrew Benson PhD, Professor, Department of Food Science and Technology, University of Nebraska -Lincoln

Devon Zagory PhD, Senior Vice President, Food Safety & Quality Programs, NSF Davis Fresh

3:30 p.m. - 5:00 p.m. Roles of the Civil and Criminal Justice System
Different perspectives on foodborne illness litigation

Neal Fortin JD, Director & Professor, Institute for Food Laws & Regulations, Michigan State University

Bradley Sullivan JD, Managing Attorney, Lombardo & Gilles LLP

Denis Stearns JD, Marler Clark LLP PS

Sarah Brew JD, Partner, Greene Espel PLLP

Alan Maxwell JD, Weinberg, Wheeler, Hudgins, Gunn & Dial LLC

5:00 p.m. - 6:00 p.m.

Reception, Seattle University School of Law Court Level Gallery


SATURDAY, APRIL 12, 2008
8:30 a.m. - 9:00 a.m.

Welcome and Introductory Remarks

Patricia Griffin MD, Chief, Enteric Diseases Epidemiology Branch, Centers for Disease Control and Prevention

9:00 a.m. - 10:30 a.m. How is Food Protected Overseas?
International perspectives on food safety

Liu Zhouhui, Deputy Director General of Certification and Accreditation Administration, People’s Republic of China

Jorgen Schlundt, Director, Department of Food Safety, Zoonoses and Foodborne Diseases; Acting Director, Department of Nutrition in Health and Development, World Health Organization

Canice Nolan PhD, First Counselor, Food Safety, Health, Consumer Affairs, Delegation of the European Commission, Washington DC

Chris Griffith PhD, Professor, Head Food Research and Consultancy Unit, University of Wales Institute-Cardiff

Deon Mahoney, Principal Microbiologist, Food Standards Australia New Zealand

10:45 a.m. - 12:15 p.m. Role of Media in Public Health and Food Safety
The contributions of media and science writers to food safety

Douglas Powell PhD, Associate Professor, Department of Diagnostic Medicine/Pathobiology, Kansas State University; Scientific Director, International Food Safety Network

Andrew Martin, Reporter, New York Times

Stephen Hedges, Reporter, Chicago Tribune

Philip Brasher, Washington Correspondent, Des Moines Register

Jim Pervor, Editor-in-Chief, Perishable Pundit

12:15 p.m. - 1:30 p.m. Lunch and Closing Remarks

John Kobayashi, MD, MPH, Clinical Assistant Professor, University of Washington School of Health

Got Food Borne Illness? Make Online Report!

We deal with many victims of food borne illness, often while they or family members are still being treated at hospitals and clinics.   Many of them use the Internet in those moments of crisis to find an attorney.   So, we cannot rule out the possibility that victims of food borne illness will also go on-line and fill out a lengthy questionnaire that ultimately will be shared with their local or regional health department.

That's exactly what the National Food Safety & Toxicology Center at Michigan State University wants victims of food borne illnesses to do.   They want anyone suffering from food poisoning to go to www.ReportFoodPoisoning.com and take about 20 minutes to fill out a report that will then be submitted to health department with jurisdiction over the specific case.

Goal of the project is to increase reporting of food borne illnesses.  Currently only 1-2 percent of all food borne illnesses get reported to health officials.  The on-line questionnaire requires the victim to submit pretty much the same information they would be asked to provide if interviewed in person by health officials.

Personal characteristics, residential information, symptoms, non-food exposures, food sources and a four day food history are all included in the on-line report.

Michigan universities and health agencies at the state and local levels designed the project.

We will be looking forward to finding out how its doing down the road.

Hallmark/Westland Was One of USDA's Elite 10

This week, you are going to hear a lot about what the federal government should be doing to clean up its act when it comes to making sure our food supply is safe.  John D. Dingell, powerful chairman of the House Energy & Commerce Committee, is holding a public hearing on Tuesday that will hear from lots of experts, including our own Bill Marler.

With the Chino slaughterhouse scandal bringing the nation's largest beef recall in history, facts are dripping out of the United States Department of Agriculture (USDA) in bits and pieces.   USDA's big wigs held a press conference last Thursday (2/21), and the transcript was published on their website this morning (2/25).

We learned more about the current operation of the 62-year old National School Lunch Program.

Hallmark, which operated the Chino slaughterhouse, was one 23 meat packers eligible to sell product to USDA for schools.  Westmark was one 10 eligible grinders that was eligible.  USDA viewed Hallmark/Westland as "one operation" from which they purchased 20 percent of all beef used by the federal school lunch program.

Bill Session, USDA's Agricultural Marketing Service, explained:

We have an eligibility process for suppliers that they must go through to be eligible to supply. And this is in course with the federal acquisition regulations. First they have to demonstrate financial solvency and their ability to be financially independent. They have to have the technology and the means as far as the equipment and the personnel to perform the task. They then have to submit what we call a technical proposal, and that outlines all of how they, all the specific processes they will go through to meet the requirements that are contained in our specification and contracts. And then once they submit that technical proposal, it is subject to a desk audit by our scientific staff back here in Washington. Then if it passes that, then they are subjected to an in-plant audit, and that means that they have to be doing what they say they're doing and what they are doing meets the requirements contained in our specification and contractual requirements.

After that, they then become what was known as an "eligible supplier," and they then have to compete on a low-bid basis for the right to supply product. Once they are awarded a contract, we have an in-plant grader that is there monitoring the actual preparation and grinding process, and they oversee all aspects of that. In addition to that, we have monthly audits that they come in and look at all aspects of what was going on there. And additionally – I should say the plant would be operating under a federal grant of inspection; that's the foundation that we build on. We are really no different than any other large commercial purchaser of ground beef items. We rely on our colleagues at FSIS to provide that foundation of safety; then we build on that with other specific requirements that meet the end needs of our users.

As of the press conference, USDA figured that 50.3 million pounds of the Hallmark/Westland beef that is subject to the recall (143.3 million pounds in total) went to federal nutrition projects.  Officials said 19.6 million pounds were consumed (mostly by school children) and 15.2 were "on hold" (mostly in school freezers).  An additional 15.5 million pounds are "being traced."

All product recovered through the recall will be destroyed without further testing, according to USDA.   Contracts require Hallmark/Westland reimburse the school lunch program. 

No E. coli, salmonella or other common food-borne illnesses have been attributed to the recalled beef.  Any reports of Mad Cow disease probably won't be made  for 15 to 30 years.

The entire USDA transcript can be found here.

Clark Says Fruits And Vegetables Not Subject To "Kill Step"

New and troubling questions are raised in a story today by the Gannett News Service about the home grown problems that threaten food safety in the United States.   The story by Amanda Gardner quotes Marler Clark partner Bruce Clark about the lack of a "kill step" when it comes to the increasingly tainted fruits and vegetables.

The GNS story reports that:

Increasingly today, produce is grown in fields close to cattle and, sometimes, wild animals. The E. coli spinach contamination could have come from cattle or boar feces, or from contaminated irrigation systems, federal officials concluded.

The widening of E. coli cases from protein products to fresh fruits and vegetables is related to "the fact that U.S. agricultural commodities tend to be grown in areas that have cattle, which are reservoirs for bacteria," explained Bruce Clark, a partner in the Seattle law firm of Marler Clark, which represents victims of food poisoning. "As soon as you have manure on the ground, and you have birds and wild animals and water, you have all these vectors for transferring bacteria to fresh fruits and vegetables."

And most of the time, Clark added, produce is not subjected to the "kill step" (usually cooking), which would eliminate the pathogens. In fact, washing may not even help because of the ability of the organisms to cling to food surfaces.

Check out the whole story here.

New Era Recalls Still More Products Due To Botulism

We thought New Era's production of botulism was probably over in mid January when it expanded its recall to include all of the beans and garbanzo beans produced by the Michigan processing plant in the last five years.

We were wrong.

Today, New Era Canning Company announced it was further expanding its recall to include all "vegetable products in #10 cans (large cans containing between 6 and 7 pounds) on the list below because they may have been processed under conditions which could have led to contamination by Clostridium botulinum bacterium spores, which can cause life-threatening illness or death."

This includes a long list of products as New Era cans for many labels around the country.  It also requires consumers to have knowledge of both the Uniform Product Code (UPC) and lot codes.

This ongoing New Era botulism recall has its own website at the U.S. Food & Drug Administration.  Go here to check it out.

Meanwhile here's the latest list of recalled products:

Classic Sysco brand, Distributed by Sysco Corporation, Houston, TX.

Green asparagus cuts & tips (asparagus, water, salt) in 101 oz. (6 lb. 5 oz.) cans (UPC 7486510471). All lot codes beginning with "00249" are included.

Great Northern beans (Great Northern beans, water, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 7486510486). All lot codes beginning with "00249" or "NORTH" are included.

Green beans, Italian cut, (Italian green beans, water, salt), in 105 oz. (6 lb. 9 oz.) cans (UPC 7486511294). All lot codes beginning with "00249" or "ITAL" are included.

Light red kidney beans (kidney beans, water, corn sweetener, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 7486510642). All lot codes beginning with "00249" or "LRKID" are included.

Red beans (red beans, water, salt, calcium chloride, EDTA) in 110 oz. (6 lb. 14 oz.) cans (UPC 7486510638). All lot codes beginning with "00249" or "RED" are included.

Cut wax beans (wax beans, water, salt) in 101 oz. (6 lb. 5 oz.) cans (UPC 7486511434). All lot codes beginning with "00249" or "WAX" are included.

Code brand, Distributed by Code, Atlanta, GA.

Dark red kidney beans (soaked kidney beans, water, corn sweetener, salt, calcium chloride, EDTA) in 6 lb. 12 oz. cans (UPC 1207316042). All lot codes beginning with "00249" or "DRKID" are included.

Fancy cut wax beans 4 sieve (wax beans, water, salt) in 6 lb. 5 oz. cans (UPC 1207310183). All lot codes beginning with "00249" or "WAX" are included.

Frosty Acres Restaurant's Pride Preferred brand, Packed for F.A.B., Inc., Alpharetta, GA.

Black beans (cooked black beans, water, ferrous gluconate, calcium chloride) in 6 lb. 15 oz. cans (UPC 4820049145). All lot codes beginning with "00249" or "BLACK" are included.

Blackeye Peas (Blackeye peas, water, salt, calcium chloride, EDTA) in 6 lb. 12 oz. cans (UPC 4820049146). All lot codes beginning with "00249" or "BEP" are included.

Fancy Great Northern beans (Great Northern white beans, water, salt, natural flavors and calcium chloride) in 110 oz. (6 lb. 14 oz.) cans (UPC 4820068288). All lot codes beginning with "00249" or "NORTH" are included.

Fancy cut Italian green beans (Italian beans, water, salt) in 105 oz. (6 lb. 9 oz.) cans (UPC 4820068390). All lot codes beginning with "00249" or "ITAL" are included.

Fancy dark red kidney beans (dark red kidney beans, water, corn syrup, salt, calcium chloride) in 111 oz. (6 lb. 15 oz.) cans (UPC 4820068171). All lot codes beginning with "00249" or "DRKID" are included.

Fancy Mexican style chili beans (white beans, water, corn syrup, sugar, tomato paste, salt, dextrose, onion powder, garlic powder, oleoresin paprika, natural flavors) in 111 oz. (6 lb. 15 oz.) cans (UPC 4820068534). All lot codes beginning with "00249" or "CHILI" are included.

Fancy pinto beans (pinto beans, water, salt, calcium chloride, EDTA) in 111 oz. (6 lb. 15 oz.) cans (UPC 4820068939). All lot codes beginning with "00249" or "PINTO" are included.

Fancy red beans (prepared red beans, water, salt, calcium chloride, EDTA) in 6 lb. 12 oz. cans (UPC 4820069023). All lot codes beginning with "00249" or "RED" are included.

Fancy vegetarian beans in tomato sauce (white beans, water, corn syrup, sugar, tomato paste, salt, dextrose, onion powder, garlic powder, oleoresin paprika and natural flavorings) in 112 oz (7 lb.) cans (UPC 4820069161). All lot codes beginning with "00249" or "VEG" are included.

GFS brand, Distributed by Gordon Food Service, Grand Rapids, MI

Fancy all green asparagus cuts & tips (asparagus, water, salt) in 6 lb. 5 oz. cans, reorder no. 229601 (UPC 9390122960). All lot codes beginning with "00249" are included.

Fancy black beans (black beans, water, salt) in 6 lb. 12 oz. cans, reorder no. 557714 (UPC 9390155771). All lot codes beginning with "00249" or "BLACK" are included.

Italian cut green beans (Italian green beans, water, salt) in 6 lb. 9 oz. cans, reorder no. 769878 (UPC 9390176987). All lot codes beginning with "00249" or "ITAL" are included.

Medium lima beans (lima beans, water, salt) in 6 lb. 12 oz. cans, reorder no. 118796 (UPC 9390111879). All lot codes beginning with "00249" or "LIMA" are included.

Fancy Mexican style chili beans (soaked red beans, water, chili seasoning, salt, corn starch, tomato paste, sugar, calcium chloride) in 6 lb. 12 oz. cans, reorder no. 192015 (UPC 9390119201). All lot codes beginning with "00249" or "CHILI" are included.

Fancy cut wax beans 4 sieve (wax beans, water, salt) in 6 lb. 5 oz. cans, 118834 (UPC 9390111883). All lot codes beginning with "00249" or "WAX" are included.

Kitchen Essentials brand, Distributed by Gordon Food Service, Grand Rapids, MI.

Cut wax beans mixed sieve (wax beans, water, salt) in 6 lb. 5 oz. cans, 274453 (UPC 9390127445). All lot codes beginning with "00249" or "WAX" are included.

Monarch Heritage brand, Packed for PYA/Monarch, Inc, Greenville, SC.

Italian style cut green beans (green beans, water, salt) in 6 lb. 5 oz. cans, 173865 (No UPC code). All lot codes beginning with "00249" or "ITAL" are included.

Necco brand, Packed by New Era Canning Company, New Era, MI.

Cut wax beans (wax beans, water, salt) in 6 lb. 6 oz. cans (UPC 3683513440). All lot codes beginning with "00249" or "WAX" are included.

New Era brand, Distributed by New Era Canning Co, New Era, MI.

Asparagus cuts & spears (asparagus, water, salt) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511220). All lot codes beginning with "00249" are included.

Black beans (black beans, water, salt) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511692). All lot codes beginning with "00249" or "BLACK" are included.

Black-eyed peas (black-eye peas, water, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511698). All lot codes beginning with "00249" or "BEP" are included.

Butter beans (lima beans, water, salt, sugar, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511694). All lot codes beginning with "00249" or "LIMA" are included.

Chili beans in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511675). All lot codes beginning with "00249" or "CHILI" are included.

Great Northern beans (Great Northern beans, water, salt, calcium chloride, EDTA) in 110 oz. (6 lb. 14 oz.) cans (UPC 3683511688). All lot codes beginning with "00249" or "NORTH" are included.

Italian Cut Green Beans (Italian beans, water, salt) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511342). All lot codes beginning with "00249" or "ITAL" are included.

Light red kidney beans, (kidney beans, water, corn sweetener, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511682). All lot codes beginning with "00249" or "LRKID" are included.

Dark red kidney beans, (kidney beans, water, corn sweetener, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511680). All lot codes beginning with "00249" or "DRKID" are included.

Lima beans (lima beans, water, salt) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511696). All lot codes beginning with "00249" or "LIMA" are included.

Pinto beans (pinto beans, water, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511686). All lot codes beginning with "00249" or "PINTO" are included.

Red beans (red beans, water, salt) in 6 lb. 12 oz. cans (no UPC). All lot codes beginning with "00249" or "RED" are included.

Vegetarian beans (w