The Marler Clark Network
Posted by Food Poisoning Lawyer on December 28, 2007

California: Raw Milk Legislation Contested

raw milk law ab1735Two California raw milk dairies filed a lawsuit yesterday against the state of California Department of Agriculture in an effort to stop AB1735 from going into effect.  The law, which was passed by the California legislature, will require raw milk producers to reduce the number of coliform bacteria in bottled raw milk to 10 per milliliter. 

In an article for the San Francisco Chronicle, Carol Ness wrote about the new law and the debate it has caused.  She interviewed Department of Agriculture spokesman Jay Van Rein, who was quoted in the article as saying that the new standard for raw milk is, "just a matter of staying ahead of the curve on food safety."

She continued:
The lawsuit contends that "it's not technically possible nor economically feasible" for raw milk to meet such a low limit.

Van Rein, however, said California Agriculture Secretary A.G. Kawamura has checked with his counterparts in Washington and Pennsylvania, which also have adopted a 10-coliform limit, "to make sure their dairies have been able to comply."
A quick search of the International Food Safety Network's Barf Blog for "raw milk" shows that foodborne illness outbreaks traced back to raw milk are not uncommon.  One would argue that stricter standards are not a bad thing.
Posted by Food Poisoning Lawyer on December 28, 2007

Ground beef recalled for E. coli contamination in Texas

Ecoli recall labelThe US Department of Agriculture's Food Safety and Inspection Service announced yesterday that Texas American Food Service Corporation of Fort Worth, Texas, was recalling 14,800 pounds of ground beef products for possible E. coli contamination. The products were sold under American Fresh Foods labels (right).

Consumer products being recalled include:
  • 2-pound approximate weight packages of "73/27 GROUND BEEF" bearing a sell-by date of "12.30.07"
  • 2-pound approximate weight packages of "80/20 GROUND BEEF CHUCK" bearing a sell-by date of "12.31.07"
  • 1-pound approximate weight packages of "85/15 GROUND BEEF ROUND" bearing a sell-by date of "12.31.07"
  • 1-pound approximate weight packages of "90/10 GROUND BEEF SIRLOIN" bearing a sell-by date of "12.31.07"
  • 1-pound approximate weight packages of "96/04 EXTRA LEAN GROUND BEEF, 4% FAT" bearing a sell-by date of "12.31.07"
Bulk ground beef being recalled includes:
  • 40-pound "net wt." box of "73/27 100% GROUND BEEF; REWORK MAP"
  • 260-pound "net wt." combo bin of " CHUCK 100% GROUND BEEF; REWORK MAP"
  • 370-pound "net wt." combo bin of "SIRLOIN 100% GROUND BEEF; REWORK"
  • ervice announced yesterday that
Posted by Food Poisoning Lawyer on December 27, 2007

Massachusetts: Milk recalled after 2 deaths

The Milford Daily News reported that two people died after drinking milk produced by Whittier Farms in Shrewsbury, Massachusetts.  According to the story, the Massachusetts Department of Public Health issued a warning to consumers not to drink milk produced by the dairy because it might be contaminated with Listeria monocytogenes. 

Whittier Farms distributes most of its milk to homes in the greater Worcester/Shrewsbury area under the brands Whittier, Schultz, Balance Rock, Spring Brook, and Maple. The dairy has ceased production until health officials are able to determine where the contamination occurred.

According to the Milford Daily News:
Four cases of listeriosis infection have been identified by DPH, according to a statement released by the state department late this afternoon. The cases occurred in June, October and two in November. The four cases involved three elderly residents and a pregnant woman from Worcester county. Two of the people have died. They have not been identified.

DNA fingerprinting conducted by the State Laboratory Institute showed that the bacteria causing these infections came from a common source. Samples collected showed product contamination.
Pregnant women are about 20 times more likely than other healthy adults to get listeriosis. About one-third of listeriosis cases happen during pregnancy. The incidence of listeriosis in the newborn is 8.6 per 100,000 live births. There is no routine screening test for susceptibility to listeriosis during pregnancy, as there is for rubella and some other congenital infections. Newborns, rather than the pregnant women themselves, suffer the serious effects of infection in pregnancy. Persons with weakened immune systems due to treatment, particularly transplant recipients10 and persons on treatment for lymphoma, but also other cancer victims, are at significantly increased risk for Listeria infection.
  • Persons with AIDS suffer listeriosis 65-145 times more frequently than the general population.
  • Persons who take glucocorticosteroid medications (also called cortisone) are also at increased risk. The most common medication prescribed in this class is prednisone. The threshold above which prednisone begins to have a significant effect on the immune system is 20 mg per day for 5 days.
  • The elderly and certain debilitated patients (such as those on dialysis or alcoholics) are at minor increased risk for listeriosis.
Posted by Food Poisoning Attorney on December 27, 2007

Ground beef recalled for Listeria contamination

The USDA announced Tuesday that ground beef patties distributed to schools had been recalled for contamination with Listeria monocytogenes.  According to the USDA recall announcement:
hamburgerThe Maramont Corporation, a Brooklyn, N.Y, firm, is voluntarily recalling approximately 88 pounds of a beef patty product that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

The following product is subject to recall:

* 2-oz packages of "BROILED BEEF PATTY (MICROWAVE)." The products were individually packaged and delivered from 17.25-pound cases. Each case label bears a lot code of "07352" and product number "2801." Each case label also bears the establishment number "EST. 5370" inside the USDA mark of inspection.

The beef patty products were produced on Dec. 18 and distributed on Dec. 19 to schools in the Jersey City, N.J., area.
It is believed that ingestion of as few as 1,000 cells of Listeria bacteria can result in illness. After ingestion of food contaminated with Listeria, incubation periods for infection are in the range of 3 to 70 days, usually 4 to 21 days.

Five days to three weeks after ingestion, Listeria has access to all body areas and may involve the central nervous system, heart, eyes, or other locations. Fetuses of pregnant women are particularly vulnerable to the Listeria bacterium. A person with listeriosis usually has fever, muscle aches, and gastrointestinal symptoms such as nausea or diarrhea. If infection spreads to the nervous system, symptoms such as headache, stiff neck, loss of balance, confusion, obtundation or convulsions can occur. With brain involvement, listeriosis may mimic a stroke.

Infected pregnant women ordinarily experience only a mild, flu-like illness; however, infection during pregnancy can lead to miscarriage, infection of the newborn, or even stillbirth. The perinatal and neonatal mortality rate is 80%.

Human cases of Listeria are, for the most part, sporadic and treatable. Nonetheless, Listeria remains an important threat to public health, especially among those most susceptible to this disease. With the increase of the numbers of immunocompromised people, the risk multiplies. The fact that Listeria is a disease easily transmitted from mother to fetus through the placenta is worrisome to an expectant mother, especially since pregnant women themselves rarely show outward signs of such a devastating infection.
Posted by Food Poisoning Attorney on December 27, 2007

Botulism found in green beans

green beansThe discovery that 1,026 cans of green beens were possibly contaminated with Clostridium botulinum, the bacterium that causes botulism, resulted in a recall of the product last week.  The Food and Drug Administration issued a notice to consumers, which was subsequently distributed through the media.  According to MSNBC:
New Era Canning Company said it was recalling 171 cases of GFS Fancy Blue Lake Cut Green Beans with the lot code 19H7FL. Each case contained six cans in 6-pound, 5-ounce sizes.

The canned green beans were distributed to foodservice customers in Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Mississippi, Missouri, North Carolina, Tennessee and Virginia, a company statement said. They were sold through GFS Marketplace stores in Indiana, Kentucky and Tennessee.
Posted by Food Poisoning Lawyer on December 21, 2007

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.
Posted by Food Poisoning Attorney on December 20, 2007

FSIS issues Salmonella alert for ground beef

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) issued a public health alert today after a joint investigation by state public health officials and the Centers for Disease Control and Prevention identified ground beef as the source of a multi-drug-resistant strain of Salmonella.  At least 38 people in Arizona, California, Hawaii, Nevada, and New Mexico became ill with Salmonella Newport infections after consuming the ground beef between September 19 and November 5, 2007.

FSIS stated in its public health alert:

This alert is being issued after an exhaustive and continuing investigation whereby FSIS could not identify specific establishments, lots and products that would be subject to a recall. FSIS has no reason to believe that these products are still available for sale in commerce.

Consumers that may have purchased these fresh ground beef products between Sept. 19 and Nov. 5, 2007, and stored them in the freezer should look for and discard or destroy these products if they find them. . . .

This particular strain of Salmonella is resistant to many commonly prescribed drugs, which can increase the risk of hospitalization or possible treatment failure in infected individuals.

Antimicrobial Resistance in Salmonella Bacteria

Antimicrobial resistance in bacteria is an emerging and increasing threat to human health. Physicians should be aware that antimicrobial resistance is increasing in foodborne pathogens and that patients who are prescribed antibiotics are at increased risk for acquiring antimicrobial resistant foodborne infections. In addition, “[i]increased frequency of treatment failures for acute illiness and increased severity of infection may be manifested by prolonged duration of illness, increased frequency of bloodstream infections, increased hospitalization or increased mortality.”

The use of antimicrobial agents in the feed of food animals is estimated by the FDA to be over 100 million pounds per year. Estimates range from 36% to 70% of all antibiotics produced in the United Sates are used in a food animal feed or in prophylactic treatment to prevent animal disease. The use of antibiotics is thought to promote growth and to prevent disease in beef, pork, and poultry production as well as on fish farms and some fruit and vegetable farms.

According to the National Antimicrobial Resistance Monitoring System (NARMS), Campylobacter has been recovered from 47% of chicken breasts tested in recent studies. In the same NARMS studies, five mulit-drug resistant strains of Salmonella Newport were recovered from ground beef, ground turkey and pork chops. According to the report, “[a]ntimicrobial resistance among these foodborne bacteria is not uncommon and often associated with the use of antimicrobial agents in food animals.” Ceftriaxone-resistant Salmonella has also been reported (Fey et al., 2000). The emergence of multidrug-resistant Salmonella typhimurium in the United States is another example of a drug-resistant bacteria spreading from animals to humans (Glynn et al., 1998).

The use of antibiotics in feed for food animals, on animals prophylactically to prevent disease, and the use of antibiotics in humans unnecessarily must be reduced. European countries have reduced the use of antibiotics in animal feed and have seen a corresponding reduction in antibiotic-resistant illnesses in humans.
Posted by Food Poisoning Attorney on December 20, 2007

Basil recalled for Salmonella contamination

California health officials and the Food and Drug Administration are warning customers who purchased basil imported by Top Line Specialty Produce that the product could be contaminated with Salmonella. The warning came after testing revealed some of the basil, which was imported from a farm in southern Baja California, Mexico, was contaminated.

The San Francisco Chronicle reported on the recall:
5,500 pounds of basil grown in Mexico and sold in the United States was recalled because of fears it may be infected with salmonella, a spokesman for the importer said Thursday.

The basil was imported from a farm in Mexico's southern Baja California region on Dec. 5 and sold to food distributors in Southern California, Texas and Illinois the following day, said Alberto Martinez, a spokesman for Los Angeles-based importer Top Line Specialty Produce.

The Southern California distributor sold the basil to restaurants and other food service customers, but it was unknown whether the other distributors sold to food service customers or retailers, he said.
While many dried spices are irradiated to prevent illness, fresh spices, such as basil and parsley, have been identified as the source of foodborne illness outbreaks in the past.
Posted by Food Poisoning Attorney on December 20, 2007

Health officials: cause of food poisoning unknown

Public health officials in North Carolina have not been able to identify the foodborne pathogen that sickened at least 76 people who attended a Force Protection Industries plant dedication in Roxboro.  The cause of the food poisoning outbreak has thus far been narrowed down to pork loin and/or pasta vegetable salad, according to an article in the Roxboro Courier. 

When interviewed, David Bergmire-Sweat of the Epidemiology Section of the N.C. Division of Public Health noted that improper holding temperatures for food can contribute to the growth of bacteria.  As reported by the Courier:
“Cold foods should be held at 45 degrees or below and hot foods should be cooked to the proper temperature or reheated to 165 degrees and then maintained at 135 degrees or above,” officials emphasized.

The Force Protection function was held on Friday, Nov. 30, at the former Collins & Aikman Corp. Elm Plant, which FP has refitted for production of the company’s Cheetah bomb-resistant armored vehicle.

Approximately 400 people attended the dedication ceremony, and the health department reported that 76 of the 335 people contacted, after health officials began investigating on Dec. 4, reported suffering from symptoms such as abdominal cramping, diarrhea and chills.
Improper food handling and holding temperatures have contributed to the spread of pathogens in several other outbreak-situations.
Posted by Food Poisoning Attorney on December 20, 2007

Pizza recall leads to loss for General Mills

BakeryandSnacks.com reported on a Q2 loss for General Mills today.  According to the article, a recall of the company's Totino's and Jeno's pizza for possible E. coli contamination in November resulted in a $20 million loss in operating profit. 

On November 1, General Mills announced that it was recalling Totino's Crisp Crust Party pizzas and Jeno's Crisp 'N Tasty pizzas for possible E. coli O157:H7 contamination.  The USDA announced the same day that consumers in Kentucky, MIssouri, New York, Ohio, Pennsylvania, South Dakota, Tennessee, Virginia, and Wisconsin had been confirmed ill with E. coli O157:H7 infections after eating the pizzas.