May 2009

For years, the USDA Food Safety and Inspection Service (FSIS) has allowed meat plants to divert meat that has tested positive for E. coli O157:H7 (or some other pathogen) to a further-processing facility where it is cooked for a time and at a temperature sufficient to kill the pathogens.  What FSIS has not done, however, is require immediate corrective action of the plant’s slaughter and sanitary dressing procedures so as to determine how the meat came to be contaminated in the first place.  Because, let us be clear: ground beef, trimmings, an intact cuts of meat do not get contaminated with E. coli O157:H7 unless the carcass is contaminated, or cross-contaminated, druing the slaughter or carcass-dressing process.  Bottom-line: Meat is not contaminated but for the manner of its slaughter and dressing. 

So lax has been the FSIS focus on and oversight of the slaughter and dressing process that it has routinely allowed plants to send meat that has tested presumptively positive for E. coli O157:H7 to be sent for further-processing without requiring that confrimatory testing be done.  This give the plant a free pass by avoiding a confirmed positive test result for E. coli O157:H7, something that would be higly likely to prompt a comprehenisve assessment at the plant, and the requirement that the plant’s HACCP plan be re-assessed and re-validated.  This also allows both the plant and FSIS to pretend that the Slaughter HACCP plan has not failed for not reduciing E. coli O157:H7 to an "undetectable level"–something that FSIS policy has required since October 7, 2002.

Now, if in reading the above the image of an ostrich with its head in the sand came to mind, then you are definitely grasping the gist of my criticism here.  But, that said, I am happy to report that FSIS finally seems to have pulled its proverbial head out of the sand and seen the light. 

Yesterday the agency issued FSIS Directive 6410.1, and it is a very good thing indeed.  For more on this, please hit the CONTINUED READING link.Continue Reading USDA Sees the Light on E. coli O157:H7 and Meat

In this last Sunday’s New York Times, there was a fascinating set of maps that showed the geographic location of organic farms across the United States.  The article noted that organic vegetables now account fro five percent of all vegetables sales. 

This increase is interesting.  But what I find much more interesting is that the

An accomplished personal injury lawyer and national expert in foodborne illness litigation, William Marler has been a major force in food safety policy in the United States and abroad. He and his partners at Marler Clark have represented thousands of individuals in claims against food companies whose contaminated products have caused serious injury and death.

Denis Stearns is one of the founding partners of the Marler Clark law firm, which for the last ten years has been the nation’s preeminent law firm focusing solely on the representation of persons injured by unsafe food products.  Denis got his start handling food cases fifteen years ago as one of the lead defense

Colin Caywood received his Bachelor of Arts degree in sociology from the University of Washington in 1999. Mr. Caywood worked at a number of Seattle-area law firms before joining Marler Clark as a paralegal in 2002. Over the years, he worked extensively on cases involving food borne illness litigation. In the fall of 2005, Mr.

Last fall I got the opportunity to give a guest lecture at the University of Wisconsin Law School, which is where I went to law school.  It was for an innovative class called Transnational Regulation: Increasing the Safety of Globally-Sourced Products.  The University of Wisconsin has long been the home of the Food Research Institute, which has done groundbreaking research over the years on E. coli O157:H7, among other things.  So I was especially happy to receive news of what sounds like a great conference being held this month at the University:  Food Import Safety: Systems, Infrastructure & Governance.  This one-and-a-half -day conference will be held on May 26 and 27.  For more information about the program, and how to register, click on the Continue Reading link.Continue Reading Interesting, Upcoming Food Safety Conference