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

Listen up, folks.  It's time to check your refrigerator and cupboards for food that may be contaminated with listeria monocytogenes, a very serious and potentially fatal foodborne pathogen. 

This morning, Food Safety News is reporting that Parkers Farm, Inc., a Coon Rapids, Minnesota-based food manufacturer is recalling a variety of products after product sampling conducted by food safety officials in Minnesota and Wisconsin returned positive for listeria monocytogenes.  The U.S. Food and Drug Administration (FDA) is now investigating to determine what caused the problem.

The implicated Parkers Farm products include:

• 34 OZ. PEANUT BUTTER - SELL BY DATES BETWEEN 8-11-2010 AND 9-30-2010
• 16 OZ. PEANUT BUTTER - SELL BY DATES BETWEEN 11-14-2010 AND 12-31-2010
• CHEESE CUPS (8oz.-12 oz.-16oz) - SELL BY DATES BETWEEN 11-14-2010 AND 12-31-2010
• SALSA - SELL BY DATES BETWEEN 3-14-2010 AND 4-30-2010
• PIMENTO/JALAPENO NACHO AND CONQUESO - SELL BY DATES BETWEEN 8-11-2010 AND 9-30-2010
• CREAM CHEESE SPREADS - SELL BY DATES BETWEEN 5-13-2010 AND 6-30-2010

Sell by dates are located on the side of the container below the lid.

These products are distributed and sold to a number of large, national grocery chains, including Hy-Vee, Cub, Rainbow, Lunds & Byerly's, Target, Whole Foods, Jewel, Dominick's, Marsh, Price Chopper, Shop Rite, Nash Finch, Sam's Club, Costco, and Safeway.

Thus far, no illnesses have been associated with this recall.  Consumers should return the recalled products to their retailers for a full refund.  Questions may be directed to Parkers Farm at (800)-869-6685.

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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.

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State legislators around the US, fed up with the perceived slow response of the federal government to enact stronger food safety laws, have begun sending a clear message to Washington:  if you won't protect our citizens from increasing foodborne illness outbreaks, then we will.

in a Wall Street Journal article by Jane Zhang, she highlights the numerous changes some states are making to strengthen their food safety laws and better protect their own citizens, including:

• Georgia recently enacted legislation that gives food processors 24 hours to report internal tests that find tainted products. The state's peanut industry was hit hard after a widespread salmonella outbreak was traced to a processing plant in rural Blakely, GA.

• Idaho enacted a law last month that authorizes the state to charge food services, retailers and processors a licensing fee to help pay for food-safety inspections.

• The Oregon Senate, with the support of the food industry, passed legislation in February that would let the state impose civil fines of as much as $10,000 for food-safety violations. Under current law, a food company must be convicted of a criminal violation and the fine is limited to $200.

• California lawmakers have introduced a bill aimed at strengthening food safety after a massive recall this year of pistachios from Setton Pistachio of Terra Bella Inc. that could be tainted with salmonella. Like the new Georgia law, it would require food processors to report positive tests for pathogens or harmful contaminants within 24 hours. It also would require food processors to keep detailed safety plans to prevent contamination and stepped-up testing of foods from California facilities.

Of course, these state-led efforts are leading to another potential issue: lack of uniformity for food manufacturers and distributors.  Food-industry groups say anything other than a uniform federal food-safety system will add to their costs. "It's a good thing states are trying to raise the bar and improve food safety, but it needs to be looked at carefully," said Robert Brackett, chief science officer of the Grocery Manufacturers Association, a trade group in Washington. "It should really lead to a national system."

What are your thoughts on this issue?

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Those who think that the much maligned former head man at Peanut Corporation of America is a victim because of the bad press he's gotten lately need a dose of reality.  The obvious victims are those who were sickened, or died as a result of their illnesses.  But the effects, economic and otherwise, of such a massive outbreak are not limited to illnesses and deaths.  Salmonella, hepatitis A, E. coli O157:H7, norovirus, etc., not only wreak havoc on the human body, they cause insidious damage to the lives of ordinary people fortunate enough to have not consumed a contaminated product, but unlucky enough to be within a recalled product's, or maligned person's, sphere of influence.  See this article for a case in point.  For an even better illustration, see Bill Marler's (if you're reading this, you probably already have) recent blog-post on the subject.

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