Food Poisoning Lawyer & Attorney : Marler Clark : Food Poison Blog

Annys Shin wrote in today's Washington Post:

After three relatively quiet years, the 20 recalls this year have raised new doubts about whether the beef industry's attempts to keep the pathogen out of ground beef, and the government's oversight of those efforts, are working.

Agriculture Department officials, who oversee the safety of pork, beef and poultry, say they did not recognize that anything was seriously amiss with the beef supply until the Topps recall hit.

Microbiologists say the prevalence of E. coli O157:H7 in the environment is highly variable, and no one can say with certainty what caused the spike in outbreaks. In several instances this year, however, USDA officials missed red flags and were slow to correct longstanding deficiencies in the way they monitor beef processors' efforts to contain the pathogen.

This year we've seen at least two industries battle E. coli - the leafy greens industry and the meat industry.  Lettuce and spinach growers worked through industry associations to develop marketing agreements.  In a press release issued by the California Department of Food and Agriculture, Chairman of the Leafy Greens Marketing Agreement communications committee and member of LGMA board of directors Tom Nunes stated, "The service mark [used by members of the agreement] reflects a handler's commitment to implementing enhanced food safety standards. By using it on their bills of landing, our signatories will be communicating to customers that they are members in good standing of the LGMA."  To date, the meat industry continues to rely on the USDA mark of inspection as its "service mark".

Ria Megnin wrote in today's Salinas Californian about Mexico's decision to once again begin importing US-grown lettuce:

After more than a year of frustrating international efforts, shoppers in Mexico soon will find California-grown spinach on store shelves again.

Mexico has announced that after a 16-month ban, it will allow imports of California spinach - as long as it's grown and shipped by member-companies of the California Leafy Greens Marketing Agreement.

Maybe demand for ground beef will also increase after FSIS makes changes to the USDA's inspection programs - a somewhat similar move to what the spinach growers have done.  In the Washington Post article, Annys Shin concluded with the following:

In November, the agency [USDA] required all plants to verify that their safety plans were working to contain O157:H7. Next month, it will begin testing imported trim -- the meat left after quality cuts are removed. Its a significant development because processors are increasingly buying trim from suppliers overseas. Canadian trim turned out to be the source of contamination at Topps. For the first time, it will also look at corporate practices to see whether there is a pattern of violations at multiple plants, FSIS spokeswoman Amanda Eamich said. The inspector general is also reviewing the FSIS E. coli testing programs.

Raymond said he welcomed the scrutiny. "Any time you have somebody from outside come in and take a look, it's always helpful," he said. "I didn't come here to supervise recalls. I came to prevent recalls."

Maybe meat association members should take a look at what the leafy greens industry has done and not wait for government regulation by USDA, but come up with a solution on their own.

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At least seven children have been confirmed ill with E. coli O157:H7 infections, with another six illnesses awaiting confirmation from health officials in an E. coli outbreak among students of Galena Elementary School and their siblings.  In an article about the Floyd County E. coli outbreak that looked into whether the outbreak was part of an E. coli outbreak traced to consumption of Topps Meats ground beef, the Louisville Courier-Journal interviewed school district and health department officials about the investigation into the  Floyd County children's illnesses.

Dave Rarick, a spokesman for the New Albany-Floyd County schools, said the district does not use frozen hamburger supplied by the Topps Meat Co. in New Jersey, which on Tuesday announced a recall of more than 330,000 pounds of frozen meat because of possible E. coli contamination.

The Floyd County cases all involve students or siblings of students at Galena Elementary in Floyds Knobs, with seven of the cases confirmed as caused by the E. coli bacteria and six others deemed probable.

Rarick said the school system uses precooked hamburger supplied by the J.T.M. Co.

E. coli outbreaks and outbreaks of other foodborne illnesses have been traced back to school lunches in the past.  There have been outbreaks associated with improperly cooked ground beef, ammonia-contaminated chicken tenders, contaminated lettuce, and other foods. 

Background on the National School Lunch Program (NSLP):

Congress created the NSLP decades ago, as a measure of national security, to safeguard the health and well being of the Nation's children. It was a direct response to the fact that many of the young men responding to the draft call in WWII were rejected due to conditions arising from serious nutritional deficiencies. The 1946 National School Lunch Act was enacted to provide the opportunity for children across the United States to receive at least one healthy meal every school day. It is presently an $8 billion program.

The NSLP provides per meal cash reimbursements as entitlements to schools to provide nutritious meals to children. The NSLP provides school children with one-third or more of their Recommended Dietary Allowance (RDA) for key nutrients. United States Department of Agriculture (USDA) research indicates that children who participate in school lunch have superior nutritional intakes compared to those who do not.

The NSLP provided meals to 26.1 million children in 1998. More than 15 million low-income children receive free or reduced-price school lunches daily. Over 93,000 schools currently participate in the NSLP. About 95 percent of all elementary and secondary school students are enrolled in participating schools.

The USDA spends over $200 million annually buying over 200 million pounds of meat through its commodities program to supply, in part, the NSLP and to support food prices when the market has gone soft. An arm of USDA, Food Safety and Inspection Services (FSIS), has the responsibility of inspecting plants that supply meat to the NSLP and the public at large.

In most States, the meat is distributed by the USDA to the Superintendent of Public Education (SPI) through the Child Nutrition Program (CNP), at no cost to school districts throughout the state.

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Eight Washington state and Oregon residents have been confirmed ill with E. coli infections since eating E. coli-contaminated ground beef sold by Interstate Meat Dist., Inc. of Clackmas, Oregon, under the Northwest Finest brand.  The ground beef was sold in Alaska, Idaho, Oregon, and Washington between July 19 and July 30, 2007.  Health officials believe consumers could still have the product in their freezers.

On July 21, E. coli attorney Bill Marler posted about this summer's meat recalls and outbreaks due to E. coli contamination.  Yesterday, one of the victims of an outbreak in Huntsville, Alabama, passed away. 

E. coli contamination in our food supply is a serious issue, as are other concerns such as contamination with Salmonella and other foodborne pathogens.  A post from earlier today highlights the downturn in consumer confidence since last year's E. coli outbreak traced to spinach.

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An 86-year-old North Carolina resident died yesterday after suffering from an E. coli O157:H7 infection and subsequent complications that led to multiple organ failure.  Faye Sides was hospitalized at the Rowan County Medical Center after eating at the Captain's Galley restaurant in China Grove, North Carolina.  She was one of twenty people who ate at the restaurant and became ill with E. coli infections.

This morning's Charlotte Observer reported on Ms. Sides' death and the E. coli outbreak that was traced to Captain's Galley:

Cabarrus and Rowan health officials say they have as many as eight confirmed cases of the intestinal illness, including Sides. They suspect 12 other people were infected.

Sides and the others got sick after eating at the Captain's Galley Seafood Restaurant on Main Street in China Grove, health officials said.

Officials are still trying to determine whether the infection came from the restaurant's food, an employee or another source. That answer could take weeks, Pilkington said, or officials might never find out.

Rowan County Health Director Leonard Wood said Thursday he had not ordered the restaurant closed. But Sides' death has made him "pause and look at that more closely."

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The owners of a Woodland, Washington, dairy paid an $8,000 fine that was assessed after an E. coli O157:H7 outbreak was traced to the dairy in 2005.  The fine was issued by the Washington Department of Agriculture not as punishment for selling E. coli-contaminated raw milk, but for selling raw milk without a license to do so.  Barbara Laboe of the Longview Daily News reported extensively on the outbreak, and has followed the Dee Creek Farm owners' battle with the State over paying the fine.  She wrote:

The Pucketts were fined $8,000 in March 2006 in connection with the 2005 E. coli investigation concerning Dee Creek's raw cow milk. The fine isn't for the E. coli outbreak, just violations uncovered during that investigation.

The Pucketts appealed that fine last summer and today's hearing was to argue their case before an administrative law judge. Late Monday they notified the state they were withdrawing the appeal. Included in the violations was distributing raw, or unpasteurized, milk without the proper state license and inspections.

Raw milk can be sold legally in Washington, but only with a state license and regular inspections. According to state officials, the Pucketts' farm had numerous health and hygiene violations in 2005 and could not have come close to passing an inspection.

Marler Clark represented victims of the E. coli outbreak traced to Dee Creek Farms raw milk in claims against the dairy.  All claims have been resolved.

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E. coli outbreaks and the discovery of E. coli contamination in ground beef and other meat products have resulted in a number of recalls in recent months (see E. coli Attorney:  Recent outbreaks traced to meat products 'cause for concern').  In particular, United Food Group has recalled hundreds of thousands of pounds of ground beef products for E. coli contamination.  At least 14 people have been confirmed ill with E. coli O157:H7 infections after eating UFG ground beef. 

And while much of the nation, from California to Washington to Minnesota and Michigan, is focused on E. coli in ground beef, North Carolina health officials are trying to determine the source of an E. coli outbreak at a restaurant.

After last year's E. coli outbreak traced to spinach and Salmonella outbreak traced to peanut butter, we are reminded that E. coli contamination in ground beef is still a threat to public health.

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Richwood Meat Co. has recalled hamburger patties that may be contaminated with E. coli O157:H7.  The recall was initiated after at least three children became ill with E. coli infections after eating the hamburgers at two California Little League snack shacks, according to the Eureka Reporter.

Three children fell ill after eating hamburgers at the St. Helena and Calistoga Little League baseball snack shacks and have since recovered. Two other possible cases are being investigated.

Sample tests on the children and the meat will be completed Wednesday, said Mike Bowman, spokesperson for the California Department of Health Services.

E. coli O157:H7 infection often causes abdominal cramps and diarrhea, sometimes bloody diarrhea. There is usually little or no fever and the illness typically resolves itself in five to 10 days. Consumers with any of these symptoms should contact their physician.

Infection with this organism can also cause hemolytic uremic syndrome and lead to kidney failure. Those most at risk for serious complications of this food-borne illness include young children, the elderly and those with compromised immune systems.

The hamburger patties were distributed to Winco, Raley's, Save Mart, and Vons retail stores, as well as to discount grocers, food distributors, and food service vendors in California, Arizona, Idaho, Oregon, and Washington.  Consumers checking their freezers for the potentially E. coli-contaminated hamburgers should note that the hamburgers were produced in April of 2006, and were sold under the Fireriver, Chef’s Pride, Ritz Food, Blackwood Farms, California Pacific Associates, C&C Distributing, Golbon and Richwood brands.

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