The Marler Clark Network
Posted by Drew Falkenstein on September 30, 2010

Coburn's karma: Salmonella outbreak in Oklahoma

As if on cue, the lone human being standing in the way of the first meaningful change in food safety laws in decades, Senator Tom Coburn, will have a Salmonella outbreak to confront when he gets back home to Oklahoma during the legislative recess (the Senate's legislative session ended today).  KOCO.com reports:

School officials in Mustang [Oklahoma] are working with the Oklahoma state Department of Health to investigate an outbreak of salmonella among schoolkids in Canadian County.

Health officials are conducting interviews with parents in the area to determine eating habits among kids for the purpose of pinpointing possible sources of the outbreak.

Epidemiologist Laurie Smithee of the Oklahoma Department of Health said there were 10 confirmed cases among children in Mustang, two cases in Oklahoma County and one case in Carter County. The three cases outside of Mustang were all confirmed among adults.

She said the organism was genetically matched, which leads investigators to believe that the cases are connected. State investigators are questioning parents of ill and healthy children in Mustang to look for common connections.

Smithee said the case appears to have started between Sept. 2 and Sept. 13 and are looking for a possible food item that may be responsible.

Smithee said the cases involved children at Centennial, Lakehoma, Mustang Valley elementary schools and the city's pre-Kindergarten school.

Maybe good Oklahomans will put in a few calls to their Senator in the wake of this, yet another, Salmonella outbreak. 

Posted by David Babcock on September 30, 2010

10 Foods With Highest Risk of Food Poisoning

A list was recently compiled of the 10 foods, under the regulation of the FDA, most often associated with food poisoning.  The FDA does not have jurisdiction over poultry or beef, so those foods are excluded from possible exclusion.   The list is based on data compiled over the past 20 years - 1990 to present.  The foods:

1. LEAFY GREENS: 363 outbreaks involving 13,568 reported cases of illness. in 2006, bagged spinach was associated with a nationwide outbreak of E. coli O157:H7.  More recently, leafy greens have been recalled for both E. coli and Salmonella concerns.  

2. EGGS: 352 outbreaks involving 11,163 reported cases of illness. Marler Clark is currently litigating claims on behalf of individuals sickened in the recent Salmonella outbreak linked to Wright County Egg.  The outbreak led to Congressional hearings, as serious questions were raised about conditions at the egg production facility.

3. TUNA: 268 outbreaks involving 2341 reported cases of illness. 

4. OYSTERS: 132 outbreaks involving 3409 reported cases of illness. 

5. POTATOES: 108 outbreaks involving 3659 reported cases of illness. Potatoes, often in the form of potato salad, were linked to 108 outbreaks, with more 3600 consumers reported to have been sickened by spuds since 1990.

6. CHEESE: 83 outbreaks involving 2761 reported cases of illness. Cheese products were linked to 83 outbreaks that sickened thousands of consumers since 1990, making it number six of the FDA Top Ten. Salmonella was the most common hazard among cheese products.

7. ICE CREAM: 74 outbreaks involving 2594 reported cases of illness.

8. TOMATOES: 31 outbreaks involving 3292 reported cases of illness.    

9. SPROUTS: 31 outbreaks involving 2022 reported cases of illness.   Marler Clark represents a number of individuals making claims arising out of a 2009 Salmonella outbreak tied to sprouts.  At least 121 person were sickened in the outbreak. 

10. BERRIES: 25 outbreaks involving 3397 reported cases of illness.

Certainly not David Letterman quality, but an interesting list nevertheless.

Posted by Drew Falkenstein on September 30, 2010

Senator Reid files cloture on Food Safety Modernization Act

Thanks to Senator Reid for continuing to try to bring the Food Safety Modernization Act (S 510) to the Senate floor for a vote.  Yesterday, he filed "cloture" on the bill.  I confess to googling the term to get a better idea of the procedure that Reid's action will invoke.  Wikipedia says:

In parliamentary procedure, cloture (pronounced /ˈkloʊtʃər/ KLOH-chər) is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion". It was introduced into the Parliament of the United Kingdom by William Ewart Gladstone to overcome the obstruction of the Irish nationalist party and was made permanent in 1887. It was subsequently adopted by the United States Senate and other legislatures.

In any event, the hope is that Reid can circumvent Senator Coburn's objections to the food safety bill and bring it to the floor for a vote, where it will almost certainly pass with bipartisan support.  Helena Bottemiller at Food Safety News reported last night as follows:

Senate Majority Leader Harry Reid (D-NV) filed cloture on the food safety bill late yesterday, a move that will ready the measure for a vote after the midterm election, an aide told Food Safety News.

The FDA Food Safety Modernization Act has stalled in recent weeks despite heightened concerns about food safety following a nationwide outbreak of Salmonella linked to eggs. The bill, which has had bipartisan support, would, among other things, give the U.S. Food and Drug Administration greater authority to test food, enhance its ability to trace outbreaks and empower it to order recalls of contaminated food.

 

Now the languishing measure may be one of the first bills up for consideration in November when Congress reconvenes after the election, although it will compete with a variety of high profile issues, including a defense authorization bill and whether to extend the Bush tax cuts.

Majority leadership tried twice last week asked for unanimous consent to bring the bill to the floor for consideration. Both times Sen. Tom Coburn (R-OK) objected, citing the bill's price tag and a number of other concerns.

Filing cloture begins the process of moving the bill to the floor under restricted debate, removing the possibility of a filibuster and circumventing Coburn's objection to bringing the bill to the floor. The procedure requires 60 votes.

Sen. Tom Harkin (D-IA) recently told reporters he believes he has over 90 votes for the bill. It is likely that the amendments allowed to be offered will remain the same.

Posted by Drew Falkenstein on September 28, 2010

Just a photo and a thought

I found this file photo while perusing the latest headlines on food safety.  I'd like to report that it was taken today, signaling some top line action on food safety, even if just pressure brought to bear on members of congress, but it's not.  It's from November 2009.  The caption under the photo, re-released today, bears repeating:

"One of President Obama’s first initiatives was to improve the safety of America’s food supply. The Senate has yet to pass the much-touted Food Safety bill and consumer activists say the status-quo hasn’t changed in most food safety agencies."

In fact, in the age of Obama, other than an encouraging summer for the relative lack of E. coli O157:H7 outbreaks, food safety hasn't improved much . . . from a regulatory or industry standpoint.  The Food Safety Modernization Act has been pronounced dead, is then rescucitated, and then pronounced dead again so many times that I can't even remember which phase of life or death it is in this week.  And from an industry perspective, 2010 has seen two of the biggest food recalls in the history of mankind--eggs and HVP (though fortunately there were no illnesses linked to the HVP recall).

One promising thing to report, however: thanks to Dr. Elizabeth Hagen, Undersecretary for Food Safety at USDA-FSIS, we may see non-O157 shiga-toxin producing strains of E. coli declared adulterants in the meat supply, joining their much more famous cousin E. coli O157:H7.  Even this measure would be just a small step for mankind, but in the safest food supply in the world, small steps are all we seem to get. 

Posted by Drew Falkenstein on September 28, 2010

Action Imminent on non-O157 STECs?

The momentum seems to be bulding for action by the USDA-FSIS on strains of E. coli that produce shiga-toxins, which cause HUS, other than E. coli O157:H7, the most notorious strain of the bug.  Last week, after a meeting with Bill Marler, John Munsell (a former meat packer), and Nancy Donley (who's son died of E. coli after eating a contaminated hamburger), Dr. Elizabeth Hagen (USDA's newly announted Undersecretary for Food Safety) signaled FSIS's intention to take decisive action on non-O157 STECs, which currently are not regulated by the USDA.  In a written statement to the New York Times recently, Dr. Hagen said:

In order to best prevent illnesses and deaths from dangerous E. coli in beef, our policies need to evolve to address a broader range of these pathogens, beyond E. coli O157:H7.” She added, “Our approach should ensure that public health and food safety policy keeps pace with the demonstrated advances in science and data about food-borne illness to best protect consumers.

Dr. Hagen later echoed her concerns about non-O157 STECs in remarks at the 2010 National Food Policy Conference on September 23, 2010. 

The debate over the regulation of non-O157 STECs centers around several basic issues.  First, the beef industry argues that not only are non-O157 STEC strains not nearly as common as E. coli O157 in beef, they are just not very common at all.  Second, the industry argues that there does not exist a viable rapid test for the detection of all non-O157 STEC strains.  And finally, given the first and second issues, the industry would argue that a mandatory testing program for non-O157 STECs would be misdirected, difficult, and too costly. 

Nevertheless, we are only one month removed from Cargill's recall of 8,500 pounds of ground beef contaminated by E. coli O26 which caused at least three illnesses in New York and Maine.  Also, the CDC estimates that "non-O157 STECs (like O26, O45, 0103, O111, O121, and O145) cause 36,700 illnesses, 1,100 hospitalizations and 30 deaths in America each year." In speaking about the May E. coli O145 outbreak linked to romaine lettuce, Patricia M. Griffin, chief of CDC's Enteric Diseases Epidemiology branch, said it is likely that E. coli O145 [and others have] caused previous food poisonings but has gone undetected because only about 5 percent of clinical laboratories are able to detect it. "The fact that we found it now doesn't mean it wasn't there before," she said. "The ability to look for the organism in ill people and in outbreaks and food has been increasing. We're gradually finding more of these organisms."

A series of articles by Andrew Schneider on AOLnews this morning make great reading for any student of this debate.  See the three-part series of articles (1) USDA may be ready to take on the other e coli in your beef, (2) Food Safety Lawyer William Marler Puts his Money where your Mouth is, and (3) The "Holy Six" Strains of E. coli that Many Experts Fear. 

Posted by Drew Falkenstein on September 25, 2010

Cutting Corners for Food Safety

Senator Coburn's Ensuring Greater Food Safety Act, introduced yesterday, asks the USDA and FDA to do a better job and communicate more.  Laudable goals, but that's about it for substance, excluding the requirement that the Government Accountability Office referee the hoped-for improved relationship between the two regulatory bodies. 

Shouldn't fiscal conservatism, and the fact that Senator Coburn is a doctor, cause him to look a little deeper at the big picture--i.e. that, under our current system, foodpoisoning costs this country $152 billion annually?  Shouldn't Dr. Coburn also take a look at the fact that, of the 150,000 food producers under FDA's jurisdiction, the agency currently has the wherewithall to inspect a mere 18,000 annually?  Inspection alone certainly won't stop salmonella and E. coli, but having an actual, annual presence at many of the 150,000 producers would certainly go a long way in forcing regulatory compliance.  Had the FDA been meaningfully present at Wright County Egg, and actually looked at the wealth of data indicating that there was a major food safety problem at the facilities, the 30 or 40 thousand illnesses that have occurred in this outbreak nationally since May likely wouldn't have happened (CDC estimates 38.6 actual cases of Salmonella poisoning for every confirmed case in an outbreak). 

Another point:  the average salmonella illness costs about $9,146 (medical care and quality of life, productivity losses), according to a study by Robert Scharff released earlier this year.  That's a savings of $331,135,000 had the Wright County Egg outbreak not happened.  A good start for purposes of funding the Food Safety Modernization Act.

A little more thought should go into Senator Coburn's next move on food safety. 

Posted by Drew Falkenstein on September 25, 2010

Senator Coburn feels heat, looks to regain political footing on food safety by telling USDA and FDA to get along

Senator Coburn is wrong. The Senate needs to pass meaningful food safety legislation immediately, not keep it on the backburner through the lame duck session so that it can start from scratch again next term. He has raised legitimate questions of cost, but even his estimated costs of implementing S 510 (Food Safety Modernization Act) pale in comparison to the cost of not passing the legislation. S 510 won't eradicate food contamination; but the effects of increased authority and resources for FDA, if implemented now, will cause an immediate and significant reduction in the expenditure of both public and private funds related to the annual costs of foodborne disease.

 

Yesterday, Senator Coburn introduced his own version of new food safety legislation, called the "Ensuring Greater Food Safety Act of 2010." The bill is one page long, and it's purpose is basically to demand that the FDA and USDA get along, communicate, and improve food safety.

 

This is a brilliant plan. Why has nobody thought of it before? While we're at it, why don't we just tell Congress to fix the deficit, Kim Jong Il to not become a nuclear power, and BP to be a better environmental citizen? Call it the blind faith based approach.

 

Here is Coburn's plan, from his website:

 

Require FDA and USDA to immediately establish a comprehensive plan to share information and clarify existing efforts related to products and facilities in which the agencies have overlapping, joint, or similar authority;

Require FDA and USDA to issue a joint report to Congress summarizing the effectiveness of the new arrangement;　

Task the Government Accountability Office with auditing the arrangement.

 

Done. No more. No additional resources; apparently no increased cost; and subservient to the vocal locavore movement who sees S 510 as the biggest threat to individual liberties since Stalin.  My guess is that Coburn, and the republicans who have blocked S 510, really do see how idiotic it is to delay action on food safety any longer.  But this is just a weak attempt at regaining political footing.

Posted by Colin Caywood on September 24, 2010

The Importance of Keeping Bagged Leafy Greens Cold

A news study published in the Journal of Food Science is highlighting the food safety importance of keeping leafy greens, such as packaged lettuce salads, at temperatures below 41 degrees F.  Commonly thought to be only a freshness issue, the research shows that cold temperature maintenance for leafy greens also significantly reduces the ability for dangerous pathogens, such as Shiga-toxin producing E. coli, to proliferate.  For a recap of outbreaks associated with leafy greens, click HERE.

As reported in Food Production Daily by Rory Harrington, the research findings demonstrated that foodborne pathogens “can grow significantly on commercially packaged lettuce salads while the product’s visual quality is fully acceptable”.

The study, published in the Journal of Food Science by Yaguang Luo et al, examined samples of packaged lettuce that had been inoculated with E.coli, resealed and stored at 5°C and 12°C (53°F) until their ‘Best if used by Dates’ had expired. The researchers found that while storage at the lower temperature did not eliminate the bacteria it did limit its growth to within safe levels. However, storage at 12°C for three days allowed the proliferation of E.coli by more than 2.0 log CFU/g. The remainder of the period saw further growth, said the scientists.

The group highlighted that although there was eventually a significant decline in visual quality of lettuce held at 12°C, the quality of this lettuce was still fully acceptable when E. coli O157:H7 growth reached a statistically significant level.

“Temperature control is commonly thought to promote quality of leafy greens, not safety, based at least partially on a theory that product quality deterioration precedes pathogen growth at elevated temperatures,” said the study. “This prevalent attitude results in temperature abuse incidents being frequently overlooked in the supply chain.”

The study noted that packaged fresh-cut salads are marketed as ‘ready-to-eat’ (RTE) while lacking an effective pathogen kill step during their preparation.

The researchers said specific data regarding the effect of temperature of pathogen growth on leafy greens was vital to allow regulators and processors to develop science-based food safety guidelines and practices on the issue.

Posted by David Babcock on September 24, 2010

DeCoster's Farms Had Salmonella Trouble in Maine, Too

Evidence continues to surface that the Salmonella problems at Wright County Egg's facility in Iowa were not isolated incidents.    Today, there is a report on the recurring presence of Salmonella enteritidis on egg farms in Maine owned by Mr. DeCoster, who also owns Wright County Egg:  "In Maine, eggs are an 80 million dollar a year business. The man behind a lot of that money is Jack DeCoster, owner of Maine Contract Farming."

According to NECN's report,  there were a series of positive Salmonella enteritidis [SE] results at barns throughout DeCoster's complex between 2006 and 2009.

Emails from a lab, National Veterinary Services Lab, confirmed the presence of SE in more a dozen barns at the facility.   Dr. Hoenig, Maine state veterinarian was quoted as saying, "there has been SE in those buildings for years.  The positive SE tests were environmental tests, meaning on the egg belt or walkways. Not in the chickens or the eggs..but since transmission can happen those tests made the state very nervous"

And much in the same way that FDA investigators (finally) have expressed concerns about DeCoster's practices in Iowa, A 2009 letter to Jack Decoster from the state of Maine stated "this fact is undeniable evidence that management has been ineffective in controlling the spread of SE on the farm."

Posted by Drew Falkenstein on September 22, 2010

More on DeCoster's history with Salmonella enteritidis

Jack DeCoster has a lot of problems right now.  Literally, right now, as he is in front of the Energy and Commcerce Subcommittee on investigations.  I wish I could be there to hear his side of the story, but no matter how eloquent his apology and/or explanation, it will be difficult to revive an image (both his own and his company's, Wright County Egg) with all the sordid information that has come to light since the outbreak and recall broke in August. 

William Neuman of the New York Times, a regular star on the food safety beat, today wrote a comprehensive summary of Mr. DeCoster's previous problems/experience with Salmonella enteritidis:

Mr. DeCoster’s frequent run-ins with regulators over labor, environmental and immigration violations have been well cataloged. But the close connections between Mr. DeCoster’s egg empire and the spread of salmonella in the United States have received far less scrutiny. …

Farms tied to Mr. DeCoster were a primary source of Salmonella enteritidis in the United States in the 1980s, when some of the first major outbreaks of human illness from the bacteria in eggs occurred, according to health officials and public records. At one point, New York and Maryland regulators believed DeCoster eggs were such a threat that they banned sales of the eggs in their states. …

The first enteritidis outbreak recognized by public health officials came in July 1982, when about three dozen people fell ill and one person died at the Edgewood Manor nursing home in Portsmouth, N.H. Investigators concluded that runny scrambled eggs served at a Saturday breakfast were to blame. They traced the eggs to what the Centers for Disease Control reports referred to as a large producer in Maine; interviews with investigators confirmed that it was Mr. DeCoster’s former operation.

Eggs from the same farms were also suspected in a simultaneous outbreak that sickened some 400 people in Massachusetts.

Three years later, Mr. DeCoster bought back the Maine farms. By then, the clusters of salmonella illness had begun to spread.

In 1987, the deadly outbreak at Coler Memorial Hospital on Roosevelt Island occurred. Investigators determined that mayonnaise made from raw eggs had caused the outbreak. They traced the eggs to Mr. DeCoster’s Maryland farms.

After two more outbreaks were linked to DeCoster eggs the following year, New York banned Mr. DeCoster from selling eggs in the state. He was forced to agree to a rigorous program of salmonella testing on his farms in Maine and Maryland. …

In 1991, tests revealed more salmonella contamination at one of Mr. DeCoster’s farms in Maryland. The state quarantined the eggs, allowing them to be sold only to a plant where they could be pasteurized to kill bacteria. Mr. DeCoster challenged the order and a federal judge ruled that Maryland could not block him from shipping eggs to other states. He was still barred from selling the eggs in Maryland, and in 1992, a state judge found that he had violated the quarantine by selling eggs to a local store; Mr. DeCoster was given a suspended sentence of probation and a token fine.
 

So, the bottom line:  not only were conditions and food safety practices at Wright County reprehensibly inadequate, but Jack DeCoster had a wealth of experience with, and presumably knowledge about, the Salmonella enteritidis problem well before the present outbreak happened.  There is really not much that Mr. DeCoster can say in his own defense today.