Updated - Salmonella Litchfield Cantaloupe Outbreak sickens 50 in Arizona, California, Colorado, Georgia, Illinois, Missouri, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin

Munching on fresh cantaloupe this morning made me check in on the status of the Salmonella Litchfield outbreak that has sickened 50 across the United States over the last months.  Unfortunately, outbreaks tied to cantaloupe have been a far to frequent occurrence. There have been several articles on what consumers can and can not do to protect themselves. I wondered what growers and shippers might be doing. I found this interesting article and great pictures – from 2005. Guess we need to do a bit more?

Scientists Aim for Cleaner Cantaloupe

Simply washing fresh fruits and vegetables may only be marginally effective at removing microbial contaminants, so scientists are investigating new techniques for better processing produce.

Bacteria quickly attach to the surface of fruits and vegetables and form biofilms, a mass of microbes that attach to a surface and to each other by complex sugars. Scientists believe that biofilm coatings may protect bacterial cells from exposure to antimicrobial compounds used to sanitize produce.

Salmonella bacteria are often responsible for produce-related outbreaks of foodborne illness. They're especially tricky to remove from cantaloupe because they attach to inaccessible sites and form biolfim on cantaloupe rind surface, allowing the bacteria to avoid contact with sanitizing solutions. Surviving Salmonella cells can be transferred from the surface of the melon to the internal tissues during cutting prior to consumption.

Now, researchers at the USDA's Agricultural Research Service have gained new insight into Salmonella biofilm formation on various surfaces. They have discovered that to form on plastic or stainless steel, the bacteria must produce hair-like structures--called fimbriae--and cellulose to help the cells to attach and colonize the surface.

In cantaloupe, Salmonella cells attach to the rind and rapidly begin developing biofilm by growing and excreting sugars. This discovery helps explain how Salmonella survives harsh sanitizing environments and could help lead to better sanitization techniques.
Related Posts

Salmonella Illness in Alamosa near 300

According to the City of Alamosa’s press release Friday afternoon, Alamosa’s first case of salmonella occurred on March 7.  As of noon Friday, there had been 293 total cases reported, 78 confirmed cases and 12 hospitalized.  The first bottled water alert was March 19.

A Stage 1 Red Alert remains in effect throughout the city this afternoon as officials anticipate a geographically-phased transition to a Stage 2 notification tomorrow and into Sunday. On Tuesday, high concentrations of chlorine began to be introduced into the water system to help eliminate the bacterial contamination that had been identified previously. Water samples are being taken from a cross-section of sites across the city including the hospital, medical clinics, schools, business areas and neighborhoods. Depending on the site, the samples will be tested for salmonella or other bacteria, plus arsenic, copper, lead and other metals. The samplings will reveal when it is safe to progress to the yellow Stage 2 Alert.

The roughly 8,500 residents of the southern Colorado town won't be able to drink the water until the chemical is washed out.  That could take three weeks.  Alamosa's water is drawn from a deep well and had been the largest of about 100 water systems in the Colorado that did not require chlorination.  City plans called for a new water plant, already being built, to include chlorination even before the salmonella outbreak.
Related Posts

Hepatitis in Idaho and Ohio in the News

Red Feather Lounge Patrons May Have Been Exposed to Hepatitis A

The Boise Health Department is warning Treasure Valley patrons about a confirmed case of Hepatitis A.  The warning comes after an employee at the Red Feather Lounge in downtown Boise was found to have the disease.   If you had something to eat or drink at the Red Feather between March 12th and the 17th, the health department recommends you get the vaccine.  The Central District Health Department has had so many calls about people's potential exposure to Hepatitis A, that they are expanding their immunization clinic hours Wednesday.

Hepatitis-A Linked to Restaurant Worker

The Butler County Health Department urges patrons of a West Chester restaurant to watch for symptoms of Hepatitis A.  A worker at the P.F. Chang's China Bistro on Union Centre Boulevard has been diagnosed with the illness.   The Butler County Board of Health issued the following release:
Butler County Health Department and the Ohio Department of Health have learned that a food service worker with confirmed Hepatitis A (infectious Hepatitis) worked while ill. Because of the possibility of contamination of ice, persons who have not been previously vaccinated for Hepatitis A and who report consuming ice, beverages with ice, ice cream or lemons or dined between March 14 and March 25, 2008 at this restaurant are recommended to contact their healthcare provider, local public health department or the Butler County Health Department for post-exposure prophylaxis.
People who dined at, consumed ice, beverages with ice, ice cream or lemons from the P.R Chang Restaurant between March 14 and March 25, 2008 should be referred to their healthcare provider, local public health department, or Butler County Department of Health for assessment and potential vaccination with monovalent Hepatitis A vaccine or prophylaxis with immune globulin (IG). The restaurant is located at 9435 Civic Centre Boulevard, West Chester, OH 45069 (off of the Civic Centre exit on Interstate 75 just north of Cincinnati, OH in eastern Butler County).
It seems that hardly a month passes without a warning from a health department somewhere that an infected food handler is the source of yet another potential hepatitis A outbreak.  Absent vaccinations of food handlers, combined with an effective and rigorous hand washing policy, there will continue to be more hepatitis A outbreaks.  It is time for health departments across the country to require vaccinations of foodservice workers, especially those that serve the very young and the elderly.

The Centers for Disease Control (CDC) estimates that 83,000 cases of hepatitis A occur in the United States every year, and that many of these cases are related to food-borne transmission.   In 1999, over 10,000 people were hospitalized due to hepatitis A infections and 83 people died. In 2003, 650 people became sickened, 4 died and nearly 10,000 people got Ig shots after eating at a Pennsylvania restaurant.  Not only do customers get sick, but businesses lose customers or some simply go out of business.
Related Posts

Staph Buffett Sickens 137 in Kentucky

According to the Courier Journal, Staphylococcus aureus bacteria may have sickened more than 137 people who ate an Easter buffet at Claudia Sanders Dinner House in Shelbyville, state health officials said today. There is a report of one possible death. Preliminary results from the Kentucky State Lab suggested that Staphylococcus aureus might be the culprit of the food poisoning, although it’s not definitive since it was found in some stool samples and not others.

University of Arizona Food Safety Department has a good definition of Staph Food Poisoning:

Staphylococcal bacteria are very common. They are found in a wide variety of mammals and birds as well as on most surfaces. People are considered to be the main source associated with staphylococcal food poisoning. These bacteria are present in the nose, throat, hair, and skin of healthy persons. They are plentiful in cuts, pimples, and abscesses on people and their pets. Staphylococcus can live in high concentrations of salt and sugar where other bacteria would die. Some strains of Staphylococcus aureus are capable of producing a highly heat stable toxin. Staphylococcus grows best and multiplies rapidly between 68° and 99° F. Normal cooking temperatures will not destroy the toxin produced by this bacteria. This is why it is so important to wash your hands and always following good food handling practices when working with food.
Staphylococcal food poisoning results from growth and toxin production in food followed by eating the food containing the toxin. Symptoms of Staphylococcal food-poisoning occur between 1 to 8 hours after eating the contaminated food. This food-borne illness can last for 6 to 24 hours. Complete recovery may take 2 days or longer in severe cases. The most common symptoms include nausea, vomiting, abdominal cramping and exhaustion.
Related Posts

Salmonella Cantaloupe Recall Includes Chiquita, Bounty Fresh LLC, Simply Fresh Fruit, Tropifresh and Dole

Nine in this state sick from cantaloupes

The PI reported today that the numbers of ill people sickened by Honduran Cantaloupe stands at 50 people in 16 states. Nine were in Washington State. At least 14 people have been hospitalized, but no deaths have been reported. According to the The Food and Drug Administration has traced the outbreak to cantaloupes grown in Honduras. It has stopped the import of cantaloupes from Honduran grower and packer Agropecuaria Montelibano. Several other companies that sold cantaloupes grown and packed by Agropecuaria have issued recalls this week, including Chiquita, Bounty Fresh LLC, Simply Fresh Fruit, Tropifresh and Dole
Related Posts

Salmonella Illnesses Once Again Linked to Raw, Frozen Chicken Entrees

Once again the Minnesota State Department of Health (BEST INVESTIGATORS IN THE COUNTRY) reported two recent cases of salmonellosis in Minnesota have been linked to raw, frozen, breaded and pre-browned, stuffed chicken entrees.

The implicated product is Milford Valley Farms Chicken Cordon Bleu with a stamped code of C8021. This product is sold at many different grocery store chains.  This the fifth outbreak of salmonellosis in Minnesota linked to these types of products since 1998. The findings prompted the officials to urge consumers to make sure that all raw poultry products are handled carefully and cooked thoroughly, and to avoid cooking raw chicken products in the microwave because of the risk of undercooking.

Investigators from the Minnesota Department of Health (MDH) and the Minnesota Department of Agriculture (MDA) determined that two cases of Salmonella infection from February and March 2008 were due to the same strain of Salmonella Enteritidis. The illnesses occurred in a teenager and a young adult, both from greater Minnesota; both were hospitalized but have since recovered.
Related Posts

Mr. Bill Goes Back To Washington

According to a press release, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) today announced a public meeting to discuss challenges and proposed solutions in moving forward to address recalls and illnesses related to E. coli O157:H7.

The public meeting will be held on Wednesday, April 9, from 8 a.m. to 5 p.m., and Thursday, April 10, from 8:30 a.m. to 1 p.m. at the Holiday Inn Georgetown, 2101 Wisconsin Ave., NW, Washington, DC. The meeting will feature various presentations and panel discussions by FSIS officials, the Centers for Disease Control and Prevention, a senior foodborne illness litigation firm partner (that would be me), representatives from industry and consumer groups, as well as a small plant owner and operator from South Carolina.

On April 9, participants will explore the broad perspectives on the challenges of addressing E. coli O157:H7, including illness and recall trends, and progress on non-O157:H7 Shiga Toxin-Producing E. coli (STEC) since the FSIS Oct. 2007 public meeting on the subject. Specifically, the Agency and participants will explore proposed next steps as a means to make progress in the challenge of addressing E. coli O157:H7 and non-O157:H7 STECs. FSIS plans to begin a short term study to determine the extent to which non-O157 STECs may be present in FSIS-regulated products, in support of regulatory infrastructure which may be needed for these organisms.  Agenda:

A Broad Perspective on the Challenges of E. coli O157:H7

9:00 a.m.Illness Trends Related to E. coli O157:H7

Dr. Robert Tauxe, Deputy Director, Division of Foodborne, Bacteria, and Mycotic
Diseases, National Center for Zoonotic, Vector-Borne, and Enteric Diseases
U.S. Centers for Disease Control and Prevention

9:30 a.m.Perspective from FSIS

Dr. David Goldman, Assistant Administrator
Office of Public Health Science, Food Safety and Inspection Service

9:45 a.m.Progress on non-O157:H7 Shiga Toxin-Producing E. coli

Dr. Elisabeth Hagen, Executive Associate for Public Health
Office of Public Health Science, Food Safety and Inspection Service

Dr. Daniel Engeljohn, Deputy Assistant Administrator
Office of Policy and Program Development, Food Safety and Inspection Service

10:00 a.m.Observation in Industry

Dr. Mansour Samadpour, Microbiologist
Institute for Environmental Health

10:15 a.m.Legal Perspective

Mr. William Marler, Managing Partner
Marler Clark L.L.P.


Related Posts

Salmonella Litchfield and Cantaloupe: What Can Consumers Really Do?

Trevor Suslow is a cooperative extension specialist in the Department of Vegetable Crops at UC Davis. His research and extension program centers on studying the effects of microflora on the postharvest quality of perishable produce. He was perfect to write on what consumers should do with Salmonella and Cantaloupe. Download his ideas here.

According to the CDC, between January 18 and March 5, 2008, state health departments identified 50 ill persons in 16 states infected with Salmonella Litchfield with the same genetic fingerprint. Ill persons with the outbreak strain have been reported from Arizona (1 person), California (10), Colorado (1), Georgia (2), Illinois (1), Missouri (1), New Jersey (2), New Mexico (1), New York (5), Ohio (1), Oklahoma (2), Oregon (5), Tennessee (1), Utah (5), Washington (9), and Wisconsin (3). In addition, 9 ill persons with the outbreak strain have been reported in Canada.

We have been contacted by several people who believe  they contracted Salmonella by eating this fruit.  We shall see. 
Related Posts

UPDATE - The Alamosa Salmonella Flush Begins Today - Claim Filed on Behalf of Young Resident - 276 Now Sickened

Ann Imse, Rocky Mountain News reports that the “Big flush begins today in Alamosa.”  Although the flushing seems dramatic, there still seems to be no understanding of the source of the Salmonella in the first place.

Although she reports that “chlorinated water will rush through 50 miles of pipes beginning today to try to cleanse salmonella from the municipal water system,” there still seems to be questions as to whether this will actually solve the problem. As she reported: “Officials don't know how or where salmonella entered the water system, which is an unusual deep-well system. It has not required disinfection until now.”  There were reports that there was no concern about employees or terrorism as the cause.

Ms. Imse also reported on the filing of the first of what will likely be many claims against the city:
Meanwhile, a Seattle attorney has filed a claim against the city of Alamosa on behalf of a child . . . who he says suffered severe gastrointestinal illness and was hospitalized for five days because of the salmonella outbreak. Seattle attorney Bill Marler, who specializes in food poisoning cases, said today that when a Colorado city is sued, damages are capped at $150,000 for any injured person or a maximum of $600,000 for all injured parties.
Ann Imse's story in the Rocky Mountain News, "Water contamination hits home," says it all about how important safe water is for people – especially children:

For Jenn and Ray Cook, this city's salmonella crisis began March 9 with a terrifying sound. Their 7-month-old son woke up screaming at 3 a.m. with bloody diarrhea and a fever of 103 - just weeks after his second heart surgery. San Luis Valley Regional Medical Center quickly decided the fluffy-haired baby needed special care. "They Flight-for-Lifed him to Children's Hospital in Denver," said his mother, Jenn, 28. Jordan, who is missing the left ventricle of his heart and faces one more operation, was given intravenous fluids and oxygen. Children's doctors then spent five days trying to figure out what was wrong with him. Finally, tests hit on the answer: Salmonella poisoning. He was one of the first cases. Baby Jordan is recovered now, to his parents' relief. On Wednesday, he was smiling broadly and sporting pale blue socks to match his shirt.

About Salmonella Typhimurium - In 2005 a total of 36,184 Salmonella isolates were reported to the Centers for Disease Control and Prevention. The national rate of reported Salmonella isolates in 2005 was 12.2 per 100,000 based on 2005 census population estimates. Salmonella serotype Typhimurium (S. Typhimurium) has been the most commonly isolated serotype since 1997. In 2005 there were 6,982 human cases of S. Typhimurium reported to the CDC. S. Typhimurium is also the most common serotype detected in clinical samples obtained from bovine sources, and from non-clinical samples from chicken sources. A large proportion of S. Typhimurium isolates are resistant to antimicrobial drugs. In a 2003 national survey, 45% were resistant to one or more drugs and 26% had a five-drug resistance pattern characteristic of a single phage type, DT104.  (REF: DHHS, CDC, 2005 Salmonella Annual Summary).

Surveillance for waterborne-disease outbreaks--United States, 1993-1994.

The outbreak in Missouri that was caused by Salmonella serotype Typhimurium resulted in illness in an estimated total of 625 persons, including 15 persons who were hospitalized and seven who died. The most likely source for the outbreak was the larger of two storage towers, which was inadequately protected from wild-bird droppings. S. Typhimurium was isolated from the sediment of one of the towers, and tap water was positive for fecal coliforms.
Related Posts

Alamosa Salmonella Illnesses at 217 and Climbing

Associated Press reported today that “Source of Alamosa salmonella a mystery.”  217 people have now been confirmed as part of the Salmonella outbreak.  Alamosa city water has tested positive as well.  Well, I guess the question is if we don’t know what the cause is, why are they “flushing” the water system with chlorine?

Apparently, “officials have ruled out disgruntled employees and terrorism” as the cause of the contamination.  However, what about a cracked wellhead or piping that allows infiltration of the Salmonella bacteria?

Quotes of the day:

"There are many unkowns.”

"Many questions will be answered as they move through this process."

My vote, pass me a scotch.  So, where does Salmonella come from - little help here:

Birds

Rats

Pork Salami (So presumably live pigs too)

Dairy Cows

Ground Beef (So presumably live cows too)

Dogs and Cats

Related Posts

Salmonella Litchfield Cantaloupe Outbreak sickens 50 in Arizona, California, Colorado, Georgia, Illinois, Missouri, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin

FDA Warns of Salmonella Risk with Cantaloupes from Agropecuaria Montelibano

The U.S. Food and Drug Administration has issued an import alert regarding entry of cantaloupe from Agropecuaria Montelibano, a Honduran grower and packer, because, based on current information, fruit from this company appears to be associated with a Salmonella Litchfield outbreak in the United States and Canada. The import alert advises FDA field offices that all cantaloupes shipped to the United States by this company are to be detained.

In addition, the FDA has contacted importers about this action and is advising U.S. grocers, food service operators, and produce processors to remove from their stock any cantaloupes from this company. The FDA also advises consumers who have recently bought cantaloupes to check with the place of purchase to determine if the fruit came from this specific grower and packer. If so, consumers should throw away the cantaloupes.

Cantaloupe and Salmonella – sound familiar?  We have been involved in several, here are two:

Kunick Cantaloupe Salmonella Outbreak

On May 13, 2002 the United States Food and Drug Administration (FDA) issued a press release reporting an outbreak of Salmonella Poona connected with Susie Brand cantaloupes distributed in the United States and Canada by the I. Kunik Company of McAllen, Texas. The outbreak of Salmonella Poona infected dozens of people throughout the United States and Canada. The FDA reported that the cantaloupe was sold in retail stores, restaurants, and possibly used in other institutions. The recall of Susie Brand cantaloupes was the result of an FDA traceback investigation that linked salmonella infection to the consumption of this brand of cantaloupe. The FDA detained all cantaloupe imported by I. Kunik from Mexico.

Shipley Sales Cantaloupe Salmonella Outbreak

In May 2001, the FDA issued a press release warning consumers about Viva Brand imported cantaloupe. The FDA advised consumers of an outbreak of Salmonella Poona linked to cantaloupe imported to the U.S. by Shipley Sales Service of Nogales, Arizona. The outbreak was implicated in numerous illnesses and two deaths in Arizona, California, Connecticut, Georgia, Hawaii, Massachusetts, Minnesota, Missouri, New Mexico, Nevada, New York, Oregon, Tennessee and Washington state. The FDA detained all cantaloupe imported by Shipley Sales Service and took steps to prevent the importation of any additional contaminated cantaloupe.

Some other Cantaloupe Salmonella links:

Multistate Outbreaks of Salmonella Serotype Poona Infections Associated with Eating Cantaloupe from Mexico --- United States and Canada, 2000--2002

Three multistate outbreaks of Salmonella serotype Poona infections associated with eating cantaloupe imported from Mexico occurred in the spring of consecutive years during 2000--2002. In each outbreak, the isolates had indistinguishable pulsed-field gel electrophoresis (PFGE) patterns; the PFGE patterns observed in the 2000 and 2002 outbreaks were indistinguishable, but the pattern from 2001 was unique among them. Outbreaks were identified first by the California Department of Health Services (2000 and 2001) and the Washington State Department of Health (2002) and involved residents of 12 states and Canada.

Castle Produce Announces the Recall of Cantaloupe Melons Due to Salmonella Contamination


Castle Produce, a subsidiary of Tropical Produce, Inc., a wholesale importer of fresh fruit and vegetables announced the recall of cantaloupes in California due to potential health concerns. Some cantaloupes delivered on or after 2/16/2007 have tested positive for Salmonella, although no illnesses have been reported.

Dole Fresh Fruit Company announced the recall of cantaloupes in the Eastern U.S. and Quebec due to potential health concerns.

Some cantaloupes packed on January 25, 26 and 27, 2007 by an independent, third-party grower in Costa Rica have tested positive for Salmonella. Although no illnesses have been reported, Dole voluntarily has decided to recall all cantaloupes imported from Costa Rica and packed by that grower.

According to news reports, Honduran President Manuel Zelaya called the FDA decision “extreme and imprudent,” as the melons were contaminated on their peel, not inside, meaning they may have come in contact with salmonella bacteria after they were shipped.
Related Posts

Salmonella Ghost Map of Alamosa

Inside the cover of Steven Johnson’s “The Ghost Map” reads:

It is the summer of 1854. Cholera has seized London with unprecedented intensity. A metropolis of more than 2 million people, London is just emerging as a one of the first modern cities in the world. But lacking the infrastructure necessary to support its dense population - garbage removal, clean water, sewers - the city has become the perfect breeding ground for a terrifying disease no one knows how to cure.

Sounds a bit like the spring of 2008 in Alamosa, Colorado.  According to news reports:

Boiling tap water will kill bacteria to make it safe for use, but health officials warned that no one should use even boiled tap water once the flush of the water system begins. Investigators are working to determine how the system was contaminated. Possibilities include a compromise in a storage tank or cross-contamination with a sewage line. The city had been working to switch to a chlorinated system, but the salmonella outbreak is speeding up the city's timetable. The outbreak has affected business for many restaurants, who were told to toss any produce washed or misted with city water if it was going to be served raw, and to stop serving ice or soda fountain drinks made with city water. They also could not wash dishes with city water.

As recently at March 2008, the Chieftan reported that a new water treatment plant designed to bring Alamosa in line with federal arsenic standards for drinking water should be ready by Aug. 1, said Public Works Director Don Koskelin. The plant became necessary when the U.S. Environmental Protection Agency revised its drinking water standards for arsenic to 10 parts per billion in 2004, down from the old rule of 50 ppb.

"We'll get the EPA off our backs, won't we," Mayor Farris Bervig said.

Even earlier and perhaps odder, in 2005, water was an issue. Then it was the start up of Alamosa-based Colorado Water company. It wanted to be “a part of whiskey history.” Lewis and Clark believe Colorado's San Luis Valley is just the place to produce a whiskey "slightly above the Jack Daniels/Jim Beam level," as Clark puts it. Why Alamosa? Clark, 50, who previously worked in the microbrewery business, sized up the San Luis Valley's water and abundance of barley, and deemed it ideal for a distillery. He also knew there was no Colorado or Western brand of whiskey. He partnered with Lewis, a native of Scotland and an expert in the field of single-malt Scotch whiskey (spelled "whisky" only if produced in Scotland).
Related Posts

Salmonella warning for Los Angeles alfalfa sprouts

A Los Angeles firm is voluntarily recalling these products because the alfalfa sprout seeds used to produce them were found to be contaminated with Salmonella. No illnesses have been associated with Kowalke Family Sprout Inc. Alfalfa sprouts. Kowalke Family Sprouts Inc. of Los Angeles products are distributed to retail stores, including stores in the Farmer’s Markets food chain, Whole Foods and Gelson’s Supermarkets. The recall includes:

- All alfalfa, onion/alfalfa mix, cauliflower/alfalfa mix and dinner salad mix
- Products in 4-ounce, 1-pound & 5-pound packages
- Product “sell-by dates” March 4 through March 26

All alfalfa, onion/alfalfa mix, cauliflower/alfalfa mix and dinner salad mix products are affected by the recall. Alfalfa products are in 4-ounce, 8-ounce, 1-pound and 5-pound packages. The dinner salad is in an 8-ounce package. The cauliflower/alfalfa combo and onion/alfalfa mix are in 4-ounce packages. The products in question have sell-by dates from March 4 through March 26. The codes are located on the front label of the packages.
Related Posts

Easter Update Alamosa Salmonella Cases Top 180 - Who is Responsible and How Much?

As of today, 183 cases had been reported in Alamosa.  A city spokeswoman says of those, 57 were confirmed by lab testing, and nine people were hospitalized.

The Alamosa News continues to cover the rising toll of what appears to be Salmonella-tainted tap water – “More salmonella cases reported.”  According to the paper:
Salmonella has not been definitively linked to the Alamosa municipal water supply but the City of Alamosa is taking precautions because one site in the city’s water system tested positive for coliform bacteria and city officials decided not to take any chances with public health. The contaminated sample is undergoing further tests.
Alamosa County Emergency Operations Center Public Information Officer Connie Ricci said that by late Thursday the number of lab-confirmed cases of salmonella rose to 47 in addition to 76 cases that met the clinical definition for salmonella but had not been confirmed through laboratory tests.

Interesting fact – Let us assume that the Salmonella is coming from the Alamosa City water.  And, let us assume that the parents of the sick and hospitalized children seek compensation.  What result?  Interestingly, under Colorado Law (C.R.S. 24-10-106) the city would not be immune from liability (not able to sue them), but any damages awarded would be capped at $150,000 per person and a total of $600,000 per incident.  So, the more sick people, the less the city has to pay per person. Interesting incentive to NOT poison your citizens.
Related Posts

"It's the water - and a lot more." Salmonella Outbreak Tied to Alamosa City Water.

OK, that is the Olympia Beer slogan from the State of Washington.  But, clearly, Alamosa has "a lot more" in its water than its residents bargained for.

Today, Colorado State Health officials announced an outbreak of Salmonella contaminated drinking water and put residents of Alamosa under a bottled water advisory.  Officials said people should immediately stop using tap water from the city's water system for drinking and cooking.  A spokeswoman for the city said residents were safe to boil their water before using it.  Otherwise they should use bottled water.  To date, 33 cases of salmonella have been confirmed and linked to the outbreak, and another 46 reported cases of salmonella are being investigated by health officials.  State consumer protection officials provided the following guidance during the bottled water order:

- At home, use bottled water for cooking, drinking, brushing teeth, making ice, washing dishes and for adding to any food especially for the preparation of baby formula.

- Home-style/domestic dishwashing machines are adequate for sanitizing if the heat drying cycle is applied.

- Bathing and showering in the water should present no problems for healthy individuals. Exercise caution not to ingest water during such activities.

- No commercial food preparation should be done unless approved by the local public health agency.

- Consider using prepared food from an alternative approved source.

- Use only prepackaged foods that do not require any additional preparation other than heating in its original container.

- Frequently wash hands and apply hand sanitizer after washing.

- Do not touch food with bare hands. Use disposable gloves.

- Use frozen/canned produce.

- Purchase packaged potable ice.

- Do not use water to wash plates, cups and utensils. Use only single-service utensils, such as paper plates, napkins, cups, plastic spoons, forks and knives.
Related Posts

Alamosa County Salmonella Outbreak Now 74 People

Matt Hildner of the Pueblo Chieftain reported that Alamosa County health officials are investigating an outbreak of salmonella that's led to the hospitalization of four people and may have infected up to 74 people.  In addition to the 18 cases that have been confirmed through laboratory testing, Geiser said the county is also investigating 56 cases with symptoms of the illness although they have yet to be laboratory confirmed.  Geiser said she had never seen an outbreak of salmonella in her 12 years with the county.  "We have an employee that's been here 25 years and she hasn't seen anything like this either," she said.  Geiser said the cases have included a number of children, in part because adults are able to get over the infection more easily.


Related Posts

At Least 56 Salmonella Illnesses Reported in Alamosa Colorado

Hew Hallock reports this morning that – “Search goes on for source of Salmonella.”  So far the source of the outbreak - most likely a common source given the number of ill people - has not been announced. 

“As of Tuesday, March 18, 2008 we still have 18 confirmed cases and now have 56 cases that meet the clinical definition for salmonella infection,” said Julie Geiser, director of the Alamosa County Nursing Service. “Four persons have been hospitalized in conjunction with the outbreak. We have not yet determined a source for the bacteria.” Geiser said the Colorado Department of Public Health and Environment is assisting local health workers interview those families who have been infected. The interview uses an extensive seven-page questionnaire that is used to find a commonality among those who have been infected.

Rumors have been circulating about where the salmonella came from, said Geiser, but she warned, despite those rumors, that no location has been identified or confirmed as the place where the contamination began. “Clearly these are rumors and we haven’t made a determination,” she said.


Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common form of bacterial foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.

Salmonella infection occurs when the bacteria are ingested, typically from food derived from infected food-animals, but it can also occur by ingesting the feces of an infected animal or person. Food sources include raw or undercooked eggs/egg products, raw milk or raw milk products, contaminated water, meat and meat products, and poultry. Raw fruits and vegetables contaminated during slicing have been implicated in several foodborne outbreaks.

Reiter’s syndrome is a form of reactive arthritis. It is uncommon but can be a debilitating syndrome that follows a gastrointestinal or genitourinary infection. The most common gastrointestinal bacteria involved are Salmonella, Campylobacter, Yersinia, and Shigella. Reiter’s syndrome is characterized by a triad of arthritis, conjunctivitis, and urethritis, although not all three symptoms occur in all affected individuals (Hill Gaston & Lillicrap, 2003). The reactive arthritis associated with Reiter’s syndrome may develop after a person eats food that has been tainted with bacteria. Although the initial infection may not be recognized, reactive arthritis can still occur. Reactive arthritis typically involves inflammation of one joint (monoarthritis) or four or fewer joints (oligoarthritis), preferentially affecting those of the lower extremities. The pattern of joint involvement is usually asymmetric. Inflammation is common at an enthesis (a places where ligaments and tendons attach to bone), especially the knee and the ankle.
Related Posts

What Makes "Batman" Tick?


Another day on the road.  I have taken to emailing pictures of myself to my family and have learned how to text with my 16 year old. 

This trip was a nearly a two and a half hour drive south of Salt Lake City to attend a hearing to request that the Court approve a settlement in the case of a fourteen year old girl (halfway between my 12 and 16 year old daughters) who contracted an E. coli O157:H7 infection as a result of eating Dole’s contaminated spinach product in the Fall of 2006.  This beautiful young woman subsequently developed hemolytic uremic syndrome (HUS) and endured a lengthy hospitalization marked by multiple, prolonged seizures, hemodialysis, and blood transfusions.  It was great to see my client and her wonderful family.  The settlement was approved by the Court with all of the money being placed into a Trust for my client's educational and medical needs for the rest of her life.

After several handshakes and hugs, I turned to leave when my client presented me with a gift.

This is why I go to work.
Related Posts

Listeria in the News

Listeria monocytogenes (Listeria) is a foodborne disease-causing bacteria; the disease is called listeriosis. Listeria can invade the body through a normal and intact gastrointestinal tract. Once in the body, Listeria can travel through the blood stream but the bacteria are often found inside cells. Listeria also produces toxins that damage cells. Listeria invades and grows best in the central nervous system among immune compromised persons, causing meningitis and/or encephalitis (brain infection). In pregnant women, the fetus can become infected, leading to spontaneous abortion, stillbirths, or sepsis (blood infection) in infancy.

Approximately 2,500 cases of listeriosis are estimated to occur in the U.S. each year. About 200 in every 1000 cases result in death. Certain groups of individuals are at greater risk for listeriosis, including pregnant women (and their unborn children) and immunocompromised persons. Among infants, listeriosis occurs when the infection is transmitted from the mother, either through the placenta or during the birthing process. These host factors, along with the amount of bacteria ingested and the virulence of the strain, determine the risk of disease. Human cases of listeriosis 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.

Company recalls Langostinos after possible Listeria contamination

A Boston seafood company has issued a voluntary recall of its cooked langostinos because of possible listeria contamination. The recalled "Icybay Cooked Langostinos" from Slade Gorton & Company were sold in one pound packages to retailers in Massachusetts and Maryland and in five pound packages to wholesalers in 19 states.

Agriculture officials issue raw milk warning

Raw milk bought from Fisher's Dairy farm in Portersville in Butler County should be discarded immediately because it might be contaminated, the Pennsylvania Department of Agriculture said today. The dairy was selling the milk without a permit and state inspectors found that it tested positive for listeria monocytogenes, a bacteria that can be deadly, agriculture secretary Dennis Wolff said.

Frozen chicken meals shipped to California recalled for Listeria

Inovata Foods, an Edmonton, Alberta firm, is voluntarily recalling approximately 3,780 pounds of frozen chicken entrées that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced. The following product is subject to recall: 12-ounce packages of “Discover Cuisine ™ Red Curry Chicken & Jasmine Rice. Each package bears the Canadian establishment number “Est. 302” inside the Canadian Food Inspection Agency mark of inspection as well as a “Best By” date of “12 18 08.”
Related Posts

More Money For Food Safety?

An amendment to the Senate's 2009 budget resolution, which passed Friday, has implications for food safety. Sen. Chuck Grassley (R., Iowa) and teamed up with Sens. Bob Casey (D., Pa.), Dick Durbin (D., Ill.) and Sherrod Brown (D., Ohio) to create a "reserve fund" to allow for legislation that enhances the protection and safety of the nation's food supply. Durbin said, "We have to do better. Our food safety system needs more resources, and the creation of this fund will make those resources available."

Their statement noted the reserve fund would allow for congressional legislation that, among other purposes, would:
  • Expand both the Food & Drug Administration and U.S. Department of Agriculture food inspection field forces;
  • Develop risk-based approaches to the inspection of the food supply;
  • Develop the necessary infrastructure, including information technology systems, to ensure a coordinated approach to enhancing the protection and safety of the food supply;
  • Improve scientific capacity by establishing science-based training programs and investing in improved surveillance and testing technologies;
  • Enhance FDA's recall authority, and
  • Expand foodborne illness awareness and education programs.
Related Posts

House Oversight and Government Reform Committee Finds Fault at Spinach Plants

Yesterday Congress Members Waxman and DeLauro released a report chastising both the FDA and industry for allowing over 20 E. coli outbreaks tied to leafy green vegetables. These failures the committee concluded lead to the 2006 Dole/Natural Selection Food’s/Mission Organics Spinach E. coli O157:H7 outbreak that sickened 205, killing 5. The report in part found:

• Packaged fresh spinach facilities were inspected only once every 2.4 years, less than half of FDA’s stated goals.

• FDA observed objectionable conditions during 47% of the packaged fresh spinach facility inspections.

• Despite observing objectionable conditions in packaged fresh spinach facilities, FDA took no meaningful enforcement action.

• FDA overlooked repeated violations

• FDA found repeated problems at multiple facilities operated by the firm implicated in the 2006 E. coli outbreak but took no enforcement actions.

• In eight cases, packaged fresh spinach facilities denied FDA inspectors access to records or other relevant material.

Interestingly, had the FDA done its job earlier and specifically followed up on the PowerPoint presentation done by  the St. Croix Health District in 2005, the 2006 outbreak might not have ever happened.
Related Posts

King County Bar Association's 2008 Outstanding Lawyer Award

In the last four weeks I have been home in Seattle a total of about four days.  I have crossed the country several times testifying before the US House and the CA Senate about food safety, as well as talking to industry groups.  I have also been spending too much time with lawyers.  I did make some progress on the 2006 Wendy’s E. coli outbreak in Utah and was able to resolve three more HUS cases from the 2006 Dole Spinach E. coli outbreak.  A bit ragged, I was heartened by a letter I received from the King County Bar Association today announcing that they had selected me for their “2008 Outstanding Lawyer Award.”  Will wonders never cease?

According to their website, the King County Bar Association provides support to its diverse membership; promotes a just, collegial and accessible legal system and profession; works with the judiciary to achieve excellence in the administration of justice; strives to benefit the community through its own efforts and those of its Foundation; and offers opportunities for public service and input into matters of public policy.  Founded in 1886 and incorporated in 1906, the King County Bar Association is the largest voluntary bar association in the state of Washington, with approximately 6,000 members.

Hmmm, there certainly must be many more outstanding lawyers here in Seattle.  Perhaps they felt sorry for my travel schedule?  Who would want to leave?

Related Posts

E. coli Lawsuit Filed against Rochester Meat Company in Wisconsin

The Associated Press reported last night that, “Wisconsin family sues Minnesota meat company over E. coli.”  That meat company is Rochester Meat Co. of Rochester, Minnesota that in January issued a recall of nearly 200,000 pounds of beef over concerns it may have been contaminated with E. coli.  Our clients, Karen and James Evans of Fitchburg became sick and so did their children from eating hamburgers at a Fitchburg Tony Roma's in December.  Karen Evans had to be hospitalized for nearly 10 days.  We reported the link Rochester Meat and Tony Roma’s link in January when we were retained by a California family to represent their daughter who ate contaminated food at a California located Tony Roma's.
Related Posts

Westland/Hallmark Meat Executive Acknowledges Illegal Slaughter

Westland/Hallmark Meat Co. President Steve Mendell acknowledged Wednesday that cattle were illegally slaughtered at his plant and that cows too sick to stand were forced into the food supply. Westland/Hallmark Meat Co. President Steve Mendell made the admissions after a congressional panel forced him to watch undercover video of abuses of cattle at his plant. Mendell watched head-in-hand as cows were dragged by chains, jabbed by forklifts and shocked to get them into the box where they'd be slaughtered.
Related Posts

Sekiya's Restaurant & Delicatessen Linked to E. coli Outbreak

According to the Honolulu Advertiser, Sekiya's Restaurant in Kaimuki has been cleared to resume operations after it dumped all its food and disinfected the restaurant from top to bottom following the worst outbreak of E. coli O157:H7 in the state's history. The state Department of Health reinstated Sekiya's permit to conduct food service operations after it passed its final inspection last night, health officials said today. Health officials said the restaurant completed an "intensive mitigation plan" after it was told its permit would be suspended on Feb. 23. Seven people who had eaten at Sekiya's came down with E. coli O157:H7 since December.
Related Posts

One child is dead and five other people are sick after shiga toxin hits Bastrop, Lee and Fayette counties in Texas

Health officials have reported that five have been sickened and one died of apparent symptoms of foodborne shiga toxin. It is likely E. coli O157:H7 - a shiga toxin producing E. coli.

Shiga toxin is one of the most potent toxins known to man, so much so that the Centers for Disease Control and Prevention (CDC) lists it as a potential bioterrorist agent (CDC, n.d.). It seems likely that DNA from Shiga toxin-producing Shigella bacteria was transferred by a bacteriophage (a virus that infects bacteria) to otherwise harmless E. coli bacteria, thereby providing them with the genetic material to produce Shiga toxin.

Although E. coli O157:H7 is responsible for the majority of human illnesses attributed to E. coli, there are additional Stx-producing E. coli (e.g., E. coli O121:H19) that can also cause hemorrhagic colitis and post-diarrheal hemolytic uremic syndrome (D+HUS). HUS is a syndrome that is defined by the trilogy of hemolytic anemia (destruction of red blood cells), thrombocytopenia (low platelet count), and acute kidney failure.

It is likely that the death is caused by post-diarrheal Hemolytic Uremic Syndrome (D+HUS).  HUS is a severe, life-threatening complication that occurs in about 10% of those infected with E. coli O157:H7 or other Shiga toxin (Stx) producing E. coli. D+HUS was first described in 1955, but was not known to be secondary to E. coli infections until 1982. It is now recognized as the most common cause of acute kidney failure in infants and young children. Adolescents and adults are also susceptible, as are the elderly who often succumb to the disease.
Related Posts

Castleberry's Botulism Plant Forced To Shut Down

NBC Augusta broke the story this afternoon that the Food and Drug Administration has closed down an Augusta food plant. In a statement released to NBC Augusta Monday morning, Castleberry's Food Company says their temporary emergency operating permit has been suspended by the FDA. There's no word when the plant will re-open.

As you may remember, a recall last summer forced the plant to stop production temporarily after dozens of cans of chili were found to contain botulism and several people became ill.

When I was in Washington D.C. last week I met Mr. Christopher D. Lischewski, CEO of Castleberry’s. I was impressed with his testimony.
Related Posts

Test the Westland/Hallmark Recalled Meat.

Once again, Stephen J. Hedges of the CHICAGO TRIBUNE is on top of the issues surrounding the slaughter of “downer” cows, and the risks (or not) to our food supply.  His article, “The Last Roundup” appeared in the BUFFALO NEWS yesterday morning. It is a must read for those thinking about the safety and financial implications of using “downers” to feed school kids.  I have written on the topic a few times – see, “Should all downers be banned from the food supply” and “The raw economics driving the use of downers.”

I can not tell you how many phone calls I have received since the story of the abused cows caught on video broke.  Parents and School Administrators are concerned about the meat they received as 37 million of the 143 million pounds of meat recalled were bought by the USDA for nutrition and school lunch programs.  E. coli, Salmonella and Mad Cow are the primary worries.  Although there have been no reported illnesses, and the risk of contracting Mad Cow Disease is remote, parents are rightly concerned.

Here is a thought.  Although most, if not all, of the meat has either been consumed or destroyed at this point, would in not be interesting to test what can be found?  Frankly, I do not know what the test results would show, but if tests were negative, it would certainly ease parents concerns.  On the other hand, if positive, it would certainly reinforce concerns already raised on the use of “downers.” So, USDA, “WHERE IS THE BEEF?”
Related Posts

It is still safer to eat is China - Really?

I was reading the Seattle Times today – “China: Food Poisoning Deaths Up in 2007.”  Seems like a big admission from the Chinese Government in the run-up to the Olympics.  In contrast in the US according to the CDC, “an estimated 76 million cases of foodborne disease occur each year in the United States.  CDC estimates that there are 325,000 hospitalizations and 5,000 deaths related to foodborne diseases each year.”  Deaths have remained constant for the last several years in the US.

According to the article, it was great to see that “Food poisoning deaths in China rose by [only] about one-third in 2007, the state-run news agency reported….  Citing figures from the Ministry of Health, Xinhua News Agency said 258 people were killed last year, up 32 percent from the previous year.  The report said that while the number of deaths rose in 2007, overall cases of food poisoning fell to 506, 26 percent less than the previous year.”

Hmmm, China is a country of 1.3 billion people and the US has 300 million, yet in China only 258 people were killed by food and in the US 5,000, and 506 became ill in China and in the US 76,000,000.  Wow! Clearly, we need to do a better job at protecting our citizens, or we need more creative counting.
Related Posts

When is a Recall Not a Recall?

Stephen J. Hedges of the Chicago Tribune has written once again about the dysfunctional relationship between the meat industry, FSIS and consumers in his article this morning, “Meat recall alerts retailers, not consumers.”

The largest meat recall in the nation's history was bound to reverberate through the food-manufacturing world. So far, four major food manufacturers — ConAgra, General Mills, Heinz and Nestle — have acknowledged that meat involved in the 143 million-pound recall, announced Feb. 17, was used in some of their products. Nestle, General Mills, Heinz and ConAgra have each acknowledged to news organizations that they have recalled products containing beef from the meatpacking company Hallmark/Westland.

However:  But none has taken the usual step of notifying consumers through news releases and warnings on company Web sites.

As Mr. Hedges wrote:  Why the secrecy?

As I said:  "It's better to fess up and be open and honest with your consumers," said Bill Marler, a lawyer who often sues companies on behalf of food-poisoning victims. "It makes consumers more comfortable with your product, not less comfortable."

So, here is the rub: 
Richard Raymond, the USDA undersecretary for food safety, said USDA regulations prevent the department from disclosing Hallmark/Westland's customers because such information is considered proprietary. Food safety groups have argued for lifting that restriction, saying it would give consumers more information during recalls, while some food industry groups have opposed it.

So, it is really time to change the rule. Recalls should be real, they should be complete and they should be transparent. The goal should be to protect consumers not a company’s customer list.  Thanks goodness that at least California does it right - See list of where Westland/Hallmark meat went.
Related Posts

Raw-milk Producer Fails to Meet Standards

Barbara Feder Ostrov of the Mercury News reported on Organic Pastures - Again:
State agriculture officials have temporarily banned the sale of raw cream from the Organic Pastures dairy in Fresno, citing bacteria levels of up to 150 times the legal limit. They also have warned a Watsonville dairy, Claravale Farm, that it faces a similar ban if its raw skim milk or raw cream fails another inspection.

From 1998 to 2005, raw milk and cheese were implicated in 39 disease outbreaks nationwide that sickened 831 adults and children, hospitalized 66 and killed one, according to the U.S. Centers for Disease Control.

California's new raw milk safety standards allow no more than 10 coliform bacteria per milliliter, the same requirement for pasteurized milk.

Organic Pastures in particular has been beset by potentially harmful bacteria in its raw milk in recent years.

In 2006, five children were infected with E. coli bacteria linked to Organic Pastures' raw milk. Some suffered bloody diarrhea; others, kidney failure. The dairy is now facing lawsuits from two families affected by the outbreak.

The dairy's raw cream was recalled in September 2007 after listeria was found in a sample, although no illnesses were reported. Then, in November and December, state public health officials investigated reports of a campylobacter bacterial outbreak that sickened five people who drank Organic Pastures raw milk.
I think one of the most shocking quotes from the article is this one:
Organic Pastures' McAfee couldn't agree more.

"I invite (the agriculture department) to keep on sticking me in the ribs because it keeps increasing our sales," he said. "It stirs up the grass roots."

His product is linked to illnesses and it is not  making the grade,  but he uses that as a marketing tool?  This quote and all the Youtube video must really be a headache for his lawyers and insurance carriers.
Related Posts

When the Elephants Dance

Jamie Hartford from QSR Magazine and I spoke over the last few days as I was mediating the Wendy’s 2006 E. coli O21:H19 outbreak in Salt Lake City, Utah. Although Jamie and I primarily talked about how restaurants can protect themselves from contaminated product received from suppliers, some of what we talked about is why Wendy’s and it’s suppliers were unable to take care of all (we did resolve three) of Wendy’s customers. As Jamie wrote:
If a recall is not just precautionary and is linked to an outbreak of food borne illness, losses take on a whole new meaning. Consumers who were harmed can sue for millions of dollars. To avoid being held liable if the product was tainted before a restaurant received it, Bill Marler, an attorney specializing in food borne illness cases, suggests that restaurants ask for an indemnity clause to be included in supplier contracts.
“Ten years ago, it was not usual for grocery stores and restaurants to have indemnity agreements between themselves and their suppliers,” he says. “It’s a new phenomenon, and certainly I’m seeing that much more. You’re seeing more restaurants and grocery stores understanding that they have less control over the products they receive from suppliers. There’s a recognition that a lot of the products they’re getting came to them tainted, and they’re limited in what they can do.”
Marler says a rash of produce-related recalls and illness outbreaks in 2003 and 2004 led retailers and restaurants to tighten up agreements with their suppliers, often requiring that the suppliers’ insurance list the restaurant or grocery store as an additional insured party in the policy.
“The key is to push liability onto the entity that caused the problem to begin with,” Marler says. “If in your restaurant you’re getting contaminated food, there's a limited amount of things you can do to protect yourself … The responsibility for your business loss, the loss to consumers, shouldn't that burden be placed on suppliers?”

However, when a retailer (like Wendy’s) and its suppliers do not agree on what product or conduct caused the outbreak, a fight begins between several large, multi-million dollar food companies and their insurers. And, guess what happens to the poisoned customers:

‘When elephants dance it is the grass that gets crushed, when the elephants fight it is also the grass that gets crushed’


African proverb

That is why injured people hire lawyers.  When corporations and insurance companies do not step up and take care of the folks they hurt, someone has too.
Related Posts

Back to Salt Lake City

After spending a few days at the Argibusiness Executive Conference, I am off to Salt Lake City to a Court ordered mediation of cases stemming from the E. coli O121:H19 outbreak linked to an Ogden Wendy's.  I represent five of the victims.  Two cases were settled yesterday, so we will be mediating three - all HUS cases.  Details of the outbreak below:

In early August 2006, public health officials in Weber County, Utah, became aware of several people who attended a teachers’ conference luncheon that had contracted E. coli O121:H19. On August 2, 2006, the Weber-Morgan Health Department (WMHD) issued a News Release indicating that three people had contracted E. coli O121:H19, and that two of the individuals had developed HUS. WMHD stated that the evidence indicated that all three people contracted E. coli from the same source sometime during June 27-30 at a restaurant in the Ogden, Utah area. By August 7, WMHD officials had revised the number of outbreak victims to four, including three who had developed HUS.

WMHD further concluded that the source of the contamination was possibly iceberg lettuce prepared at the Wendy’s Restaurant at 2500 North 400 East in North Ogden, Utah. One of the patients with confirmed HUS who had not attended the teacher’s conference had eaten cheeseburgers with iceberg lettuce at the Wendy’s Restaurant during the outbreak period. The second confirmed HUS case was an attendee of the teachers’ conference, and a third case of HUS was determined to be secondary transmission from an infected person at the conference. Eventually, WMHD determined that at least 69 people had become ill in the outbreak. Of the sixty-nine people who reportedly became ill, four remained hospitalized and were in serious condition.

Three of the HUS patients with E. coli O121:H19 were laboratory confirmed by stool culture. DNA subtyping by Pulsed Field Gel Electrophoresis (PFGE) showed that one of the individuals that was not associated with the conference, but who had consumed cheeseburgers from Wendy’s during the outbreak period, was an identical genetic match to one of the previous confirmed E. coli cases associated with Wendy’s.
Related Posts

Chicken Recall Over Listeria

In what appears to be three separate recalls due to Listeria, several firms are recalling chicken products sent to several states.

Gourmet Boutique LLC of Jamaica, N.Y., recalled 6,970 pounds of 12 meat and poultry products, which each bear the production code GBD 08058 on the package. These products, which are mostly chicken but also include meatloaf and turkey, were sent to stores in Connecticut, Florida, Georgia, Massachusetts, Minnesota, New Jersey, New York, Pennsylvania, South Carolina and Wisconsin, as well as distribution centers in New York.

In separate announcements this week, three importers recalled 16,332 pounds of Discover Cuisine Red Curry Chicken & Jasmine Rice, with a best buy date of December 18. This was sent to stores nationwide. This product's recall includes 3,780 pounds from Inovata Foods of Alberta, Canada; 10,368 pounds from Costco Wholesale of Issaquah, Wash., and 2,184 pounds from Meijer Distribution Center of Grand Rapids, Mich.

In addition, Stop & Shop is voluntarily recalling four types of prepared chicken sold at deli counters. The Stop & Shop recall covers all of the following items sold on or after February 26.  It is unclear if this recall is related to the others directly.
Related Posts

Aunt Jemima Pancake & Waffle Mix Products Recalled for Salmonella

The Quaker Oats Co. announced the products in the recall are Aunt Jemima Pancake & Waffle Mix: Original, Original Complete and Buttermilk Complete, which may have potential salmonella contamination. No other Aunt Jemima, frozen Aunt Jemima or Quaker products are affected. The products, sold in 2 pound and 5 pound boxes with Best Before dates of FEB 08 09 H through FEB 16 09 H stamped on the top, contain the following UPC codes:

* 30000 43272: Aunt Jemima Buttermilk Complete, 5 lb.
* 30000 05040: Aunt Jemima Original, 2 lb.
* 30000 05070: Aunt Jemima Original Complete, 2 lb.
* 30000 05300: Aunt Jemima Buttermilk Complete, 2 lb.

Product was shipped to 17 states including Texas, Georgia, Alabama, South Carolina, North Carolina, Illinois, Florida, Missouri, Minnesota, Colorado, Wisconsin, Ohio, New York, New Mexico, Kansas and Utah.
Related Posts

The Raw Economics Driving the Use of Downers

This is the land of capitalism.  So, we all know that when it comes to using Downers, or non-ambulatory cows, there has to be that raw underbelly of profit or, perhaps more accurately, the illusion of profits.  Let’s examine if the use of downers makes good economic sense.

First some background: In the U.S., we both import and export slaughtered beef and dairy cattle. According to USA Today, some 35 million U.S. cattle are slaughtered each year in the U.S.  According to a recent report by JAVMA, the exact number of nonambulatory cattle on US farms or feedlots or sent to slaughter facilities is difficult to ascertain. However, estimates may approach 500,000 animals per year according to a recent JAVMA report.

According to that same report, the incidence of nonambulatory cattle is greater among dairy than among beef breeds.  There are limited data on the food safety of beef produced from nonambulatory cattle sent to slaughter facilities.  However, the prevalence of E. coli O157:H7 and Salmonella was greater in nonambulatory than in ambulatory dairy cattle.  The causes for nonambulatory cattle range from loss of calcium due to milk production, calving injuries, broken legs or neurological conditions.

Certainly, some of these downer animals could be safe additions to the food supply.  Would it make sense to have more rigorous inspection as animals arrive to slaughter by qualified inspectors to exclude animals that pose a risk?  Or, is it simply better to exclude them all?

Related Posts

Off to California Agribusiness Executive Seminar


I leave for Monterey in the morning to attend Tuesday's General Session – Food Safety.  The instructor is Roberta Cook who wrote a brilliant paper for the session.  I will be on the Panel Discussion with:
  • Dr. Robert Brackett, Senior Vice President and Chief Science and Regulatory Officer, Grocery Manufacturers Association
  • Joe Pezzini, Vice President of Operations, Ocean Mist Farms, and Chairman of the Board of Directors, California Leafy Greens Marketing Agreement
  • Dr. Trevor Suslow, Affiliate Scientist, Western Institute for Food Safety and Security, and Cooperative Extension Specialist, Department of Plant Sciences, UC Davis
The Full Brochure and Schedule are linked here.
Related Posts

Should ALL "Downers" be banned from the food supply?

I am thinking about the reasons, ethically, medically and financially why we allow "downer" cattle into our food supply - at any level.  Over the next few days I will give you my thoughts.  Please feel free to weigh in. 

To put things in context, The USDA suggested, and Westland/Hallmark issued, the largest beef recall in history (143 million pounds of meat and now recalls have been issued for retail food items containing traces of the banned beef) just a few weeks ago. This all after the Humane Society released undercover video showing workers at Westland/Hallmark shoving sick or crippled cows (a.k.a. “downers”) with forklifts to get them to stand. So, what is a “downer?”
9 CFR 309.2(b) permanently replaces the term “downer” with non-ambulatory disabled livestock. 9 CFR 309.2(b) continues to define “non-ambulatory disabled livestock” as livestock that cannot rise from a recumbent position or that cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column, or metabolic conditions.
So, what’s the beef?  In 2004, the USDA tightened regulations to prohibit the slaughter of all "downer" cows — animals that cannot stand (non-ambulatory) — after a case of bovine spongiform encephalopathy (BSE), or mad cow disease was discovered in Washington State.  After that the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) prohibited the slaughter of cattle that were unable to stand or walk when presented for pre-slaughter inspection.  The inability to stand or walk could be a clinical sign of Bovine Spongiform Encephalopathy (BSE).  The New York Times has recently reported that the disease is extremely rare in the United States, but of the 15 cases documented in North America, most in Canada, the majority has been traced to downer cattle.  Seems another reasonable rationale for keeping downers out of the food chain?

Another positive effect of the 2004 incomplete downer ban was that it might reduce other illnesses as well.  A USDA study published in August 2004 found that downer cows had three times more of the deadly bacterium E. coli O157:H7 than other cows.  Salmonella also seemed to be more prevalent.  According to a recent report by the Chicago News Tribune, downer cows typically have often have been milked for several years, leaving their bodies without the muscle, fat and calcium of grazing, well-fed beef cattle.  In addition, dairy cows also can carry some common maladies, including mastitis, a bacterial infection of the udder; foot rot, which they can develop standing for long periods in manure, mud and damp straw; and Johne’s (pronounced yo-neez) disease.  Scientists think these diseases are not carried into the human food chain, with one exception.  Health and animal scientists are currently debating whether the traits of Johne’s are responsible for Crohn’s disease in humans.  Crohn’s disease is an intestinal disorder that can cause inflammation of the colon, severe abdominal pain, diarrhea and weight loss.  Hmm, seems like another good rationale for keeping downers out of you hamburger?

But have downers been excluded from our meat supply?  In addition to the recent “caught on video moment,” the GAO has found instances where slaughter facilities have in fact put downers through the system.  A 2006 audit (PDF) by the USDA's inspector general found downer cows were still being processed for food and that USDA's policy was inconsistent.  At two of 12 plants visited from June 2004 to April 2005, downer cattle were slaughtered for food.  One facility processed 27 of them, the other slaughtered two.  There are those instances where both the animals and the rules have been abused.  A U.S. Department of Agriculture rule change made in July 2007 specifically allows some sick or crippled cows into the food supply.  Under the rule, cattle that are injured after they pass pre-slaughter inspection will be reevaluated to determine their eligibility for slaughter.  Also, veal calves that cannot stand because they are tired or cold may be set apart and held for treatment and re-inspection.  The basis for the rule change/clarification is that cows that fell down after an initial veterinarian inspection but appeared otherwise healthy could still be slaughtered. The Humane society alleges in lawsuit filed in U.S. District Court in Washington, D.C. to block the usage of all downer cattle.

So, ethically (from the cows' perspective at least) appropriately dealing with sick, injured and dying cows need to be considered.  Protecting the food chain from BSE, E. coli, Salmonella and Crohn's also seems to make sense.  So, what's the problem?  The economics of this all to follow.
Related Posts

Murrieta family suing Organic Pastures and Sprouts in E. coli case

The first paragraph of the North County Times article says it all:

“A Murrieta couple says it was raw milk tainted with a strain of E. coli that nearly killed their son. The owner of Organic Pastures Dairy in Fresno, where the raw milk came from, and the Sprouts store in Temecula, where the milk was purchased, each say there is no proof they are at fault.

Each side sees the facts of the case differently - It will now likely be up to a jury to decide.

According to Sprouts - The Martins bought the raw milk Chris drank in September 2006, from Sprouts on Winchester Road in Temecula. When contacted recently, Sprouts store owner Linda Watson said, "There is no information I know of that any E. coli in any raw milk was sold at our store, or anywhere else for that matter."

According to Organic Pastures - Mark McAfee, owner of Organic Pastures Dairy in Fresno (see video and other video) says there is no proof that his company is at fault, as also alleged in the lawsuit. "When a person sues for a food-related illness, they must be able to show a connection between a product and the person," McAfee said. "There isn't a connection here." McAfee said the pathogen was not found in any of the manure tests of his cows or in any tests of packaged dairy products from his business. "Because there isn't any connection, we feel confident we have a very strong defense," he said.  See California State Report.

According to the Martins - The Seattle-based attorney representing the Martins in their lawsuit has a different opinion. "Under California law, the whole distribution chain is strictly liable," William Marler said of both the dairy and the store. "We don't have to prove the store did anything wrong or was negligent, just that it was in the product. "Selling unpasteurized milk is a risk stores shouldn't be willing to take," he said, adding that children and elderly are at "extreme risk" from pathogens that might be in such a product. "The message here is, whether it is raw or pasteurized milk, you have to be willing to take the responsibility of making sure your product is safe for your consumers," Marler said. Marler says he has handled thousands of E. coli cases over the last 15 years, including the infamous Jack in the Box meat case. He said jury settlements are typically in the millions of dollars in E. coli lawsuits, citing one Jack in the Box settlement in which $15.6 million was awarded in the case of just one child.

We also represent another child - Herzog.
Related Posts

I may take a break from blogging for a day or so - no way

Taking a "break" from the testimony, food safety conferences and upcoming legal work in California and Utah, I took a great hike today to a "falls" outside of Phoenix in the desert.  Well, you should all be thankful that I am a far better lawyer that walker.  Thankfully, there was a great Urgent Care Center to take care of this clumsy lawyer.  Thanks to PA Dan - a.k.a. "Doogie Houser" - the fellow looked 16 years old but did a great job of setting the below:
Related Posts

Retailer Recall in Motion and Inspectors being Shocked

Carrie Peyton Dahlberg of the Sacramento Bee and I spoke yesterday about the fallout of the nations largest meat recall. As she has said “from soup to jerky, the list of products made with recalled beef has been growing, and messages to consumers have gotten ever more confusing. Makers of kitchen standbys like Hunt's spaghetti sauce and Hot Pockets have asked grocery stores to yank selected items from their shelves – but aren't telling anyone at home to clean out their pantries. As regulators and businesses cope with the nation's biggest beef recall, the trade offs of cost and risk seem to be getting murkier instead of clearer.”  It is interesting to see a "retailer recall" - products in stores, but not a "consumer recall" - product that you might have at home to eat.  Hmmm, how much sense is this making?

As I told her:

"You can't run away from the video of horrifically treated animals," said food safety attorney William Marler. "That, combined with a lot of the product going to school districts – the political pressure was too much."  Marler, a Seattle lawyer with a national reputation representing people sickened by bad food, fears "a lot of resources are being wasted on this recall" that could be better spent combating more serious dangers.

In an interesting twist, Victoria Kim of the Los Angeles Times wrote: “Chino beef inspectors put on leave.”  At least two federal inspectors who worked at the now-shuttered Chino plant at the center of the largest-ever beef recall have been put on paid leave, union officials said today.

Related Posts

Watch How Safe is your Burger?: KCTS 9 Connects on PBS. See more from KCTS 9 Lead Story.

Request Free Information

Bill Marler Twitter Feed

    See More