Russia Bans Tyson Pork Over E. coli Concerns

The Des Moines Register is reporting that Russia has banned the import of pork from two plants. According to the report,   "Russian meat plant oversight group Rossel-khoznadzor said Thursday that E. coli bacteria was found in some meat from the plants."  The implicated plants are located in Waterloo, Iowa, and Columbus Junction, Iowa.

For its part, Tyson is touting the safety of its products, but did not appear to issue a clear denial of the presence of bacteria in the products.   A company spokesperson said. "We have very few details about the Russian plant de-listings.  We're confident about the safety of our pork products."

Tyson then went on to point out that the Tyson plants are federally inspected.   Companies are quick to rely on federal inspections when it comes to giving the impression that their food is safe.  Meanwhile, however, idustry groups are hard at work trying to water down and to avoid paying for increases in those same inspections. 

New Obama Policy Allows States to Be Tougher on Food Safety

During the Bush administration, and its do-anything-help-big-business approach, agencies were required to insert "preemption" language into all regulations, rules, and policies that  the agencies promulgated.  This was intended as an attempt to "protect" corporations from state laws and regulations that had the effect of imposing stricter requirements, especially with regard to product safety.  One big "win" for this approach was the U.S. Supreme Court decision in Reigel v. Medtronic, which held that people injured by a medical device "pre-approved" by the FDA could not file a lawsuit claiming that the device was defective as a matter of state law.  A not so successful attempt to use preemption for food cases was that tried by the Excel Corporation in litigation arising from an E. coli O157:H7 outbreak linked to a Milwaukee-area Sizzler restaurant. In those cases, Excel argued that its admittedly contamianted meat was neither defective nor unsafe because USDA policy at the time only prohibited this deadly pathogen from being in ground beef. (For an op-ed piece I wrote about this USDA policy, see Who does the USDA Really Protect, which can be found here: www.marlerblog.com/2008/08/articles/lawyer-oped/who-does-the-usda-really-protect-when-it-comes-to-deadly-e-coli/)

But now most of the arguments in favor of preempting state law in favor of "uniform" federal regulations are going to be undercut by a just-issued Executive Order that declares a new (or renewed) era of states rights.  The introductory paragraph of the Order is telling and compelling:

From our Nation's founding, the American constitutional order has been a Federal system, ensuring a strong role for both the national Government and the States. The Federal Government's role in promoting the general welfare and guarding individual liberties is critical, but State law and national law often operate concurrently to provide independent safeguards for the public. Throughout our history, State and local governments have frequently protected health, safety, and the environment more aggressively than has the national Government.

Not only does this Order announce a new direction, it requires the heads of all federal agencies to "review regulations issued within the past 10 years that contain statements in regulatory preambles or codified provisions intended by the department or agency to preempt State law," and to remove them.  So once more the role of the state in protecting its citizens from unsafe food and other products is restored to its rightful place.  More importantly, the next time that a big food company argues that the USDA said it was okay to poison people, it will likely get laughed out of court. Or at least we can hope so.

To read the full text of the Executive Order, please click on the Continue Reading link.

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FDA Takes Step One: Admits It Has A Problem

In a bit of news that is less surprising than it should be, the AP today reports that the FDA has for the last several years failed to perform a large percentage of required audits for inspections being conducted (under contract) by the States.  According to today's report (based on documents recently released to Congress:

The Food and Drug Administration conducted only about half the state food safety audits it promised in the two years before the recent peanut salmonella outbreak, according to new documents the agency sent to Congress.

The documents show the agency did not do any of the required audits of state-run food inspections in five states during those states' budget years spanning 2007 and 2008. And the FDA was unable to say whether audits were conducted at all in 11 additional states during that time, including Georgia and Texas, where salmonella was found in two peanut plants during a wide-ranging peanut recall earlier this year.

Only 14 states saw 100 percent of the audits completed.

As you will recall, the failure of state-performed inspections was a key contribution the recent nationwide Salmonella outbreak linked to contaminated peanuts processed by the Peanut Corporation of America.  Ditto the Conagra pot pie Salmonella outbreak, and the Peter Pan peanut butter Salmonella outbreak.  Double ditto the Veggie Booty Salmonella outrbeak. 

But at least the FDA seems to starting its long overdue recovery process, taking the first step by admitting it has a problem.  As the AP story reports:

Stephen R. Mason, acting assistant commissioner for legislation at the agency, said the recent salmonella outbreak "has highlighted limitations in our current approach and has prompted internal discussions on potential enhancements to the audit program." 

An agency spokesperson, trying hard to put the best spin on things, goes on to offer the following lame rationalization:

FDA spokeswoman Susan Cruzan says the agency is "evaluating approaches" for improving the audits.

"Although FDA has not been able to fulfill the goal of conducting 100 percent of the audits expected under FDA's internal auditing policy, FDA has audited each state at least once, has good knowledge of the state programs and state inspection personnel, and works to improve the programs as needed," she said.

Having admitted the problem, one can now only hope that the FDA will move on to the crucial next step: Stop Being in Denial.

Before Food Was Fast: Some Looks Back to a Time when Food was Local, Slow, and Safe

In addition to being a lawyer, I am a longtime foodie.  So my attention was definitely grabbed this morning when I was listening to NPR and there were segments on two food-related books that I defintely will be reading soon.  The first is Watching What We Eat, by Kathleen Collins.  It is a history of cooking shows, from its beginning on radio, to its current near-ubiquity on television, like on the Food Network.  Here's a link to the author's fun blog. www.watchingwhatweeat.com/

The other book that merited a segment on NPR is The Food of a Younger Land: A Portrait of American Food--Before the National Highway System, Before Chain Restaurants, and Before Frozen Food, When the Nation's Food Was Seasonal by Mark Kurlansky, who also brought us a fascinating history of a fish: Cod: A Biography of the Fish that Changed the World. Here is an except from the new book's description on Amazon:

In the 1930s, with the country gripped by the Great Depression and millions of Americans struggling to get by, FDR created the Federal Writers’ Project under the New Deal as a make-work program for artists and authors. A number of writers, including Zora Neale Hurston, Eudora Welty, and Nelson Algren, were dispatched all across America to chronicle the eating habits, traditions, and struggles of local people. The project, called “America Eats,” was abandoned in the early 1940s because of the World War and never completed.

The Food of a Younger Land unearths this forgotten literary and historical treasure and brings it to exuberant life. Mark Kurlansky’s brilliant book captures these remarkable stories, and combined with authentic recipes, anecdotes, photos, and his own musings and analysis, evokes a bygone era when Americans had never heard of fast food and the grocery superstore was a thing of the future. Kurlansky serves as a guide to this hearty and poignant look at the country’s roots.

I have not read Kurlansky's latest yet, but I have read a great book that covers the same territory, and does so really well. It's called: America Eats!: On the Road with the WPA - the Fish Fries, Box Supper Socials, and Chitlin Feasts That Define Real American Food, and its author is Pat Willard.  I highly recommend reading it.  (Did I mention that I have over 100 cookbooks?)

For an excerpt from Kathleen Collin's book, copied from the NPR website, please click on the Continued Reading link.

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Marler Clark Clients Pitch Food Safety in Washington D.C.

Last June, Brian Grubbs, of Colorado, suffered a Salmonella Saintpaul infection after consuming contaminated jalapeno peppers.  His illness was one of more than 1,200 in a nationwide outbreak.    The Grubbs purchased the peppers at their local WalMart.   Marler Clark subsequently filed suit against WalMart on Mr. Grubbs behalf.   WalMart tried unsuccessfully to have the suit thrown out, and has now identified Frontera Produce Ltd, of Texas, as the supplier of the jalapenos in question.

Brian Grubbs, and his wife Cheryl, were in Washington D.C. on April 29 to call for increased food safety in the U.S.  About 25 former foodpoisoning victims met with federal legislators to discuss the problem, and the various pieces of pending food safety legislation. 

As reported in the Cortez Journal, Ms. Grubss stated, "'The food we die for shouldn't be killing you, we don't want everyone to find out about foodborne illness like we did. We're trying to educate our community and get (legislation) passed."

FDA Gets 19 Percent Increase In Obama's First Budget

 With nearly equal increases on both the food and drug side of its business, the U.S. Food & Drug Administration (FDA) is getting a 19 percent increase in its budget in 2010.

That at least is President Obama’s recommendation to Congress, which controls the federal purse strings.

FDA’s annual budget would rise to $3.2 billion per the President’s request, which is found in his 1,360-page budget submission to Congress for total spending of 3.55 trillion dollars.   A total of 1.38 trillion of that spending will be on the federal government’s credit card.

A boost of $259.3 million will to “Protecting America’s Food Supply.”  The new money will be focused on preventing both intentional and unintentional food contamination. 

FDA will collect an additional $94.4 million in new user fees for registering and inspecting food facilities, issuing food and feed export certificates, and for re-inspections of facilities that do not meet FDA safety standards.

The food supply initiative will be directed at both foreign and domestic sources of ingredients, components, and finished products at “all points in the supply chain, including their eventual use by the American public.”

On the drug side, FDA will get an additional $245.5 million through both increases in some user fees and a larger contribution from taxpayers.  Safer medical devices and drug imports will be the gainers.

The FY 2010 request covers the period of Oct. 1, 2009 through Sept. 30, 2010.

Diarrhea and Hollywood

Relax, this is not a first account of Lindsay Lohan, um, "losing control" during another jail stint. It's far less irrelevant than that.  What Upton Sinclair started with his brief, though sordid descriptions of Chicago's stockyards in The Jungle, Hollywood has finally chosen to finish with an expose on the often-ugly underbelly of our country's food supply.  I don't know how much diarrhea and vomiting we'll see in the soon-to-be-released film titled Food, Inc.--please, not another yellow vomit scene like in Supersize Me--but I do know that the devastating effects of E. coli O157:H7 and hemolytic uremic syndrome (HUS) will be prominently featured in the story of Kevin Kowalcyk, who died as a young boy as a result of his HUS illness.  His mother, Barbara Kowalcyk, is a passionate food-safety advocate, and has been instrumental in bringing this topic to the fore.  Who knows, maybe a slap from Hollywood will do to food manufacturers what hundreds of millions of dollars, maybe even billions, in losses from past outbreaks has not???

Food Safety Still Has A Long Way To Go

It looks like Congress is about to throw Detroit a bone by infusing some taxpayer money into the cash-starved Big Three.  But the area Congress should really be focusing its attention is on the US's preparedness (or lack thereof) for health emegencies.

Trust for America’s Health (TFAH) and the Robert Wood Johnson Foundation (RWJF) released a report yesterday that concludes the US's ability to protects itself from disease outbreaks, natural disasters, and bioterrorism is now at risk from budget cuts and the worsening economic crisis.

With regard to food safety specifically, the report noted that America’s food safety system has not been fundamentally modernized in more than 100 years.  Further, twenty states and the District of Columbia do not meet or exceed the national average rate for being able to identify the pathogens, like E. coli O157:H7 and Salmonella, that are responsible for foodborne disease outbreaks in their respective states.

Conclusion?  SHOW FOOD SAFETY THE MONEY!

The full report is available here.

10 Tips To Avoid Foodborne Illness At Restaurants

How many times have you gone to a restaurant and ordered the night's special meal?  Or gone to the bathroom and noticed it was in less than prime condition?  Niall Harbison, regular contributor at iFoods.tv, says those are just the kind of things we should be on alert for when heading out to a restaurant for a meal.

Here are Niall's top 10 tips to avoid getting a foodborne illness:

1. Never eat fish on a Monday! Chances are the chef bought it for the busy Saturday night, didn’t sell it and it has sat in the fridge all day Sunday. It is on its last legs. 

2. Get your nose into the food and smell it! It should be aromatic and delicious. If there is any sort of funny smell send it back. 

3. Always order popular items on the menu as the turnover on these items will be high meaning the food hasn’t been lying around the fridge. 

4. Are the toilets in pristime condition? This is one part of the restaurant that you can see and if the staff can’t be bothered to have these shining then the chances are the kitchen will be a dump as well!

5. Ask to see the kitchen. Don’t have the balls to do this? Would you go in and pay a couple of hundred euros for a pair of shoes or a dress without trying it on?

6. Beware of specials. Although ideally made using some amazing produce the chef has received they can often be a way of moving some of the older stock by dressing it up and giving it a new name!

7. Don’t eat somewhere that is quiet if all the other places nearby are busy! This is a simple one but if a restaurant is quiet it is usually because it is shite!

8. If you are cooking at home, be very careful when preparing raw meat. Make sure to wash the chopping board and knife after you are done .

9. Be careful with buffet food! This is lethal! It needs to be kept hot and becomes a huge risk when it is just kept lukewarm allowing bacteria to multiply.

10. Only eat at a “salad bar” if you have loaded gun pointed at your head! Salad bars are one of the main places that Mr Food Poisoning likes to hide out!

Check Out This Look At Food Radiation

U.S. News & World Report just issued a "fair and balanced" article looking into irradiation of food.  It's found under the headline: The Basics on the Foodfight Over Irradiation: Should you look for the "radura" symbol?  Check it out here and do not forget to read the comments.

 

E. coli O157:H7 is a powerful and deadly bacterium

You cannot see it, taste it, or smell it. 250,000 E. coli O157:H7 (E. coli) bacteria will fit on the head of a pin. Ten to 50 will kill your child or your grandmother.

More likely due the expertise of Children’s Hospitals, and other top medical centers around the country, deaths at times are avoided, however, often not before Hemolytic Uremic Syndrome (HUS) nearly kills. HUS, a complication from an E. coli infection, can cause severe damage to kidneys, intestines, and pancreas. Falling into a coma and suffering further from cognitive impairment are all too common.

I’ve seen the inside of too many of those Intensive Care Units with families who are scared senseless as they watch their children or mother shutdown. For 15 years, this has been my world. When I was an undergraduate, I read Upton Sinclair’s, The Jungle. That book took the American public on a tour of the contaminated underbelly of the meat industry and they were sickened. It led to the Pure Food & Drug Act and the Federal Meat Inspection Act, versions of which are still in place today.

Until 1993, I thought—because of those laws—that the United States had a safe and secure food supply. But, then came the Jack-in-the-Box E. coli outbreak. It killed four, and sickened hundreds, including many who were gravely ill with HUS and related complications. Many of those victims became my clients.

Once again, there was a public outcry for safe meat. The Food Safety & Inspection Service responded by creating and aggressively enforcing the Mandatory Risk Management System. Based on research and practices of the U.S. Space Program, the risk management system established checkpoints at every phase of meat processing.

The presence of E. coli was defined as an adulterant under the Federal Meat Inspection Act. I continued to sue “Big Meat” as most of my clients up to 2002 were children who were made sick by eating E. coli contaminated meat. I recovered over $350 million during this period from the meat industry and the restaurants they supplied in verdicts and settlements on behalf of those clients. In 2003 recalls of meat laced with E. coli began to decline. After 24 million pounds of contaminated beef were recalled in 34 separate incidents in 2002, recalls dropped off to just over a million pounds a year for the next three years, and then to just 181,900 pounds in 2006. The Centers of Disease Control and Prevention saw E. coli – related illnesses drop 48%.

But then came Spring 2007. E. coli, which begins its life in the hindgut of a cow, mounted a surge on its home court. And, it came back with a vengeance. Thirty-three million pounds of beef would be recalled in 22 incidents. All over the country, slaughterhouses, packing and distribution centers, retail outlets, and restaurants were once again testing positive for E. coli and people-mostly children-were getting seriously sick.

The American meat supply, which had again been touted as safest in the world, tumbled back into disarray. But, why?

As with any unexplained mystery, theories abound. Could it really just be meat industry complacency? Did everyone respond to the good numbers in 2006 by taking a long nap? Did meat processors slack off—consciously or unconsciously—and relax their testing procedures?

Or could it be better reporting? Doctors are more aware of E. coli now, and perhaps when patients present symptoms of food poisoning; tests are more likely to be ordered. When the presence of E coli is found and reported, a recall is triggered.

There’s always global warming. Seriously though – very smart people have posited that droughts in the southeast and southwest have launched more fecal dust into the air, which then finds its way into beef slaughtering plants. It has also been suggested that the deluging rainfall in other areas created muddy pens—an ideal environment for E. coli.

While we’re at it, why not blame high oil prices? High gas prices have fueled (sorry) the growth of ethanol plants. These plants are often built next to feedlots, and a byproduct of the ethanol production process—distiller’s grains—is considered an excellent (and cheap) alternative to corn for cattle feed. Unfortunately, research at Kansas State University associates the use of distiller’s grains as feed with an increase in the incidence of E. coli in the hindguts of cattle.

Another controversial issue may affect the meat supply. The New York Times reported that immigration officials began a crackdown at slaughterhouses across the country in the fall of 2006. Experienced—albeit undocumented—workers have been cleared out and replaced with unskilled, inexperienced labor.

And then there’s Darwin. Another theory holds that interventions have caused the wily E. coli microbes to adapt, selecting pathogens that are more resistant to detection or intervention. E. coli back in our meat cannot be tolerated. We’ve got a lot of summer of 2008 left. Summer has always been kind to the E. coli bug. More than 5.6 million pounds of E. coli contaminated beef has been recalled so far in 2008, most supplied by Nebraska Beef Ltd., via the Kroger Grocery chain. All of which is responsible for a multi-state outbreak of E. coli that again is filling up the ICU’s in Hospitals in the seven states.

What is being done? Not much.

Congress has held some hearings, but the only new reform is that the names of retail stores that received meat and poultry involved in recalls with high health risk will be made public. Good as far as it goes.

However, despite 76,000,000 American’s being sickened, 325,000 hospitalized and 5,000 deaths each year, food safety has not made it as a Presidential campaign issue. Congress, Democrats and Republicans, have about run out its clock. But E. coli is back in our meat and we better care.

Solutions?

Might I suggest:

* Improve surveillance of bacterial and viral diseases. First responders - ER physicians and local doctors - need to be encouraged to test for pathogens and report findings directly to local and state health departments and the CDC promptly. Right now, for every person counted in an outbreak there are some 20 to 40 times those that are sick but never tested. The more we test, the quicker we know we have an outbreak and the quicker it can be stopped.

* These same governmental departments, whether local, state or federal, need to learn to “play well together.” Turf battles need to take a back seat to stopping an outbreak and tracking it to its source. That means resources need to be provided and coordination encouraged so illnesses can be promptly stopped and the offending producer - not an entire industry - are brought to heal.

* Require real training and certification of food handlers at restaurants and grocery stores. There also should be incentives for ill employees not to come to work when ill. We should impose fines and penalties on employers who do not cooperate.

* Stiffen license requirements for large farm, retail and wholesale food outlets, so that nobody gets a license until they and their employees have shown they understand the hazards and how to avoid them.

* Increase food inspections. While domestic production has continued to be a problem, imports pose an increasing risk, especially if terrorists were to get into the act. Points of export and entry are a logical place to step up monitoring. We need more inspectors - domestically and abroad - and we need to require that they receive the training in how to identify and control hazards.

* Reorganize federal, state and local food safety agencies to increase cooperation and reduce wasteful overlap and conflicts. Reform federal, state and local agencies to make them more proactive, and less reactive. This too requires financial resources and accountability. We also need to modernize food safety statutes by replacing the existing collection of often conflicting laws and regulation with one uniform food safety law of the highest standard.

* There are too few legal consequences for sickening or killing customers by selling contaminated food. We should impose stiff fines, and even prison sentences for violators, and even stiffer penalties for repeat violators.

* We need to use our technology to make food more traceable so that when an outbreak occurs authorities can quickly identify the source and limit the spread of the contamination and stop the disruption to the economy. When I buy a book on line I can track it all the way to my mailbox. However, we have yet to find the source of a tomato (or salsa) outbreak after months of sickening hundreds.

* Promote university research to develop better technologies to make food safe and for testing foods for contamination. Provide tax breaks for companies that push food safety research and employee training. Greatly expand irradiation of raw hamburger and other high-risk products.

* Improve consumer understanding of the risks of food-borne illness. Foster a popular campaign similar to Mothers Against Drunk Driving, which uses consumer power to promote a no-tolerance policy toward growers and companies that produce tainted food.

* Provide Presidential leadership on a topic that impacts every single one of us.

Marler Gives Congress Specific Food Safety Reforms

As we promised, Bill Marler was making news today on Capitol Hill.  Along with a bench full of food industry executives, Marler testified before the powerful House Energy and Commerce Committee, chaired by Michigan's John D. Dingell.

We go to Andrew Schneider's blog at the Seattle P-I for a quick summary of Bill's major points:

Seattle lawyer William Marler gave the lawmaker an up close and personal view of many victims of food poisoning that he had encountered.

Marler, who has been involved in food safety litigation since the '70s, offered the committee specific recommendation on how the nation's food safety system should be improved.

Create a local, state and national public health system that catches outbreaks before they balloon into a personal and business catastrophe, he said. He explained that everyone believed that the Jack in the Box outbreak that killed four and sickened scores of others started in Seattle in January 1993. But he said it actually began three months earlier "when another child died and another 30 people were sickened in Southern California. He said E. coli was not a reportable illness at the time, "the death and illnesses were not recognized as an outbreak and the contaminated meat was shipped to Seattle."

He said that food must be inspected and sampled before it is consumed. He reminded the committee members that the GAO has warned in the past that our food sampling and inspection is so scattered and infrequent that there is little chance of detecting microscopic E. coli or any other pathogen for that matter.

Consumers, he said, need to know what is being recalled. Voluntary recalls don't work.

Marler warned that turf wars and split responsibilities are gutting the effectiveness of the nation's food safety system and the three federal agencies responsible - CDC, FDA and USDA – should have the food safety mandates merged and properly staffed and funded.

See the rest of the P-I blog here.

E. coli, Salmonella and Shigella

The food safety music homepage - UC Davis

This is a great site -  A creative guy in a field where there is little humor: http://www.foodsafe.ucdavis.edu/

With a few clicks you can be on your way learning (and hearing) about food safety through song and video.  Songs address a wide variety of food safety topics and have been developed for diverse audiences including children, health professionals, food service workers, food regulators, and teachers. Styles range from pop, country, rock, rap, Latin, and disco and there's even one song in Spanish.

Food Poisoning Resources

Bill Marler, food poisoning lawyerMarler Clark, Food Poisoning Lawyers

Marler Clark is the nation's foremost law firm with a practice dedicated to representing victims of food poisoning.

Since 1993, Marler Clark's lawyers have represented thousands of clients in litigation against restaurants and food companies whose food was traced as the source of illness. The Marler Clark food poisoning lawyers have brought claims on behalf of individuals sickened as part of outbreaks - cases involving multiple people sickened by a common source - and individuals whose illnesses were considered "isolated," yet could be traced to a particular food source.

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