Ground beef source of E. coli

ecoli-infosheetThis week's food safety infosheet (pdf) from the International Food Safety Network focuses on what we learned this week - that ground beef is once again the source of a multi-state E. coli outbreak.  At least five people in Wisconsin and one California resident became ill with E. coli infections after consuming meat produced by Rochester Meats of Michigan.  According to the Food Safety and Inspection Service's recall announcement from last weekend:

The problem was discovered through an investigation initiated by the Wisconsin Department of Health and Family Services and the California Department of Public Health into five illnesses in Wisconsin and one illness in California. Anyone concerned about an illness should contact a physician.

The ground beef products subject to recall were produced on Oct. 30, 2007, and Nov. 6, 2007. The products subject to recall were shipped to distributors nationwide for further distribution to restaurants and food service institutions. These products were not available for purchase by consumers in retail establishments.

A look back on 2007's E. coli problems

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.

Our food safety system

USA Today published two articles about food safety for this weekend's USA Today.  In the first article, titled, "Report: FDA so underfunded, consumers are put at risk," Julie Schmidt reports on a report that was released by an advisory panel to the FDA which concludes:

The Subcommittee concluded that science at the FDA is in a precarious position: the Agency suffers from serious scientific deficiencies and is not positioned to meet current or emerging regulatory responsibilities.

The Subcommittee found that the deficiency has two sources:

  • The demands on the FDA have soared due to the extraordinary advance of scientific discoveries, the complexity of the new products and claims submitted to FDA for pre-market review and approval, the emergence of challenging safety problems, and the globalization of the industries that FDA regulates.
  • The resources have not increased in proportion to the demands. The result is that the scientific demands on the Agency far exceed its capacity to respond. This imbalance is imposing a significant risk to the integrity of the food, drug, cosmetic and device regulatory system, and hence the safety of the public.
The Subcommittee further noted that the impact of the deficiency is profound precisely because science is at the heart of everything FDA does. The Agency will flounder and ultimately fail without a strong scientific foundation. That foundation rests on three pillars. The first pillar is strong selective scientific research programs that are appropriately mission-supportive, in all areas of FDA responsibility. This research is critical because it is not conducted by other public or private entities, but is fundamental to the discharge of FDA’s statutory responsibilities to protect and promote the public health. The second pillar is excellent staff with cutting-edge scientific expertise appropriate to the mission. This expertise includes the ability to access, understand and evaluate science; effectively apply this science to the regulatory process; and communicate the implications of its findings for product safety and efficacy to the public. The third pillar is an information infrastructure and processing capability that ensures the FDA has access to the best data and information necessary to support the regulatory science required to fulfill FDA’s mission.

The USA Today article provides more background on the report, and highlights deficiencies identified by the advisory committee:

The report — developed in the past year by experts from academia, industry and other government agencies — delivers a scathing review of the state of the FDA, which regulates 80% of the nation's food, its drugs, vaccines and medical devices.

The report details a "plethora of inadequacies" in the agency, including:

•Inadequate inspections of manufacturers, noting that foodmakers, for example, are inspected about once every 10 years.

•A "badly broken" food-import system and food supply "that grows riskier each year." In the past 35 years, FDA inspections of the food supply have dropped 78% due to soaring numbers of products and inadequate FDA funding.
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•A depleted FDA staff, which is about the same size as it was 15 years ago despite huge growth in agency responsibilities. Instead of being proactive, the agency is often in "fire-fighting" mode.

•A workforce with a "dearth" of scientists who understand emerging technologies. Turnover rates in some scientific positions at the FDA run twice that of other government agencies.

•An "obsolete" information-technology system.

As Bill Marler stated on his blog post titled, "Government Puts Consumers At Risk": 

The report says Congress has given the FDA more responsibilities over the past two decades, but no funds to cover the extra work. Meanwhile, the agency hasn't been able to recruit the sophisticated scientific expertise needed to oversee complex medicines and food. The report says the FDA needs at least an extra 350 million dollars to address drug safety, and 450 million more dollars to improve food safety. Actually, the same holds true for the USDA. Just in the last two months we have seen the USDA move slowly on the Topps recall, putting people at risk, and then we see them announce one day that the USDA is getting tough on Canadian E. coli imports, only to turn around quietly and stop testing a week later.

His comments are along the lines of another USA Today article's topic - the USDA.  Julie Schmidt partnered with Barbara Hansen to write, "Most recalled meat is never recovered, likely is eaten," an article about meat recalls conducted by the United States Department of Agriculture.  In the article, Schmidt and Hansen describe the current recall process and point out inefficiencies that result in ineffective recalls.

A particularly alarming statistic pointed out in the article is that ,"for five recalls that followed reports of consumer illness, recovery rates per recall averaged just 20%," which means that most of the meat recalled had already been eaten or was in consumers' freezers but never made it back to the manufacturer.  Improvements in the recall process are expected to come, but what is most promising in the short-term is, as reported:

To get more consumers to check homes for recalled meats, the USDA next year plans to publicize names of retailers selling meat that was later recalled. "We think it would be helpful for people to know, 'Gee, that is my store,' " says Petersen.

Recall notices now posted on the USDA's website typically name states where a product was sent but not retailers, unless their names are on the product. Retailer names have been considered confidential business information, as with any customer lists.

While much more must be done to improve our food safety system, the FDA report and USDA's proposed improvements to the recall process are baby steps in the right direction.

E. coli outbreak traced to Topps Meats

Proof that ‘Lightning does strike the same spot twice,’ says Marler Clark attorney

SEATTLE, WA September 26, 2007 -- The USDA’s Food Safety and Inspection Service yesterday announced that Topps Meat Company of Elizabeth, New Jersey, was recalling 331,582 pounds of frozen ground beef products that may be contaminated with E. coli O157:H7. The recall was prompted by a combined New York Department of Health and Centers for Disease Control and Prevention investigation into an E. coli O157:H7 outbreak that was determined to have been caused by consumption of Topps ground beef products.

New York is not the only state impacted by the beef recall and E. coli outbreak. The Associated Press reported today that residents of Connecticut, Indiana, New Jersey, Ohio, and Pennsylvania were part of the outbreak.

“We have a lawsuit pending in Albany County Superior Court that is the result of a 2005 E. coli case traced back to ground beef produced by Topps and sold at Price Chopper,” said William Marler, the nation’s foremost attorney representing victims of foodborne illness. “What we’re seeing here is that lightning does strike the same spot twice.”

Marler noted that for the first time since 2002, the number of meat recalls and E. coli outbreaks connected to ground beef has been increasing. “The CDC and USDA’s numbers have shown significant declines in E. coli outbreaks traced back to contaminated ground beef since 2002, and our client-base was backing those numbers up,” Marler continued. “Most of our E. coli cases in the last five years have been the result of contaminated produce, but not this year – we’ve filed lawsuits against California [UFG and the Fresno Meat Market], Minnesota, and Oregon beef producers in the last six months.

“To quote Buffalo Springfield, ‘Something’s happening here.’”

BACKGROUND: Marler’s Seattle-based law firm, Marler Clark (www.marlerclark.com) has represented thousands of victims of E. coli, Salmonella, Hepatitis A, Listeria, Shigella, Campylobacter and Norovirus illnesses in over thirty states. In 1998, Marler and his current law partners formed OutBreak, a non-profit food safety organization. Marler dedicates a significant amount of his time to travel to food-industry and public health conferences, giving speeches about how to prevent food poisoning and the consequences of foodborne illness outbreaks. Marler comments on foodborne illness outbreaks and litigation at www.marlerblog.com. He is in Houston, Texas, today meeting with attorneys representing ConAgra – the company whose peanut butter products were identified as the source of a nationwide Salmonella outbreak earlier this year. Mr. Marler can be reached on his mobile phone at (206) 794-5043.