Marler Blog - Providing commentary on food poisoning outbreaks & litigation

In yet another indicator of the confusion of who is in charge over what food - FDA or USDA - Local, State or Federal Regulators, "tip o' the pen to" Bob Keefe for his story today - Troubled peanut firm’s chief also an industry quality adviser - in the Atlanta Journal-Constitution.  According to Mr. Keefe:

The president of the peanut company linked to a nationwide salmonella outbreak serves on an industry advisory board that helps the U.S. Department of Agriculture set quality standards for peanuts. Stewart Parnell, president of Peanut Corp. of America, based in Lynchburg, Va., was first appointed to the USDA’s Peanut Standards Board in July 2005 and was reappointed in October for a second term that runs until June 2011....

In a Press Release from 2002, the USDA announced that it was moving “to implement a new peanut quality program as outlined in the new Farm Bill.”  This included that “all peanuts marketed in the United States must be officially inspected and graded by federal inspectors or federally licensed state inspectors.  Imported peanuts will be subject to the same quality and handling standards as domestically produced peanuts.  The new Farm Bill … requires [the] USDA to appoint a new Peanut Standards Board comprised of members of the peanut industry. [The] USDA will consult with the board before establishing or changing quality and handling standards for domestically produced and imported peanuts."

I wonder what input Mr. Parnell had on “quality and handling standards?”

Peanut Product Recall Took Company Approval  The F.D.A. can seize a product that it suspects is contaminated, and it can ask a federal judge for authority to recall products if a maker refuses to do so. The agency can also announce that it suspects problems with a product before the company agrees to a recall. But it rarely does any of these.  Bill Marler, a food safety lawyer in Seattle, said the agency had neither the authority nor the courage it needed to keep the food supply safe.

Feds rarely file charges in tainted food cases   "There have been innumerable times they could have prosecuted but didn't," said Bill Marler, a Seattle-based food safety lawyer who has filed two lawsuits against Peanut Corp. of America over the recent outbreak. "My sad speculation, frankly, is that prosecutors in the U.S. on the Justice Department side or state side don't see poisoning people with food for profit as a crime."

Salmonella outbreak: What you need to know  "Has most of it been consumed? Probably. Or is it in some broker's warehouse? Some of these products have a [two-year] shelf life," said Seattle attorney Bill Marler, who specializes in food poisoning lawsuits and has become a food safety expert.

Punitive Claims Added to Peanut Butter Suit in Light of FDA Report  Bill Marler, a partner at Marler Clark in Seattle, who filed the suit, said the recent FDA report indicates willful intent. "Based on the fact that the plant was having pretty severe problems and was pretty clearly shipping product knowing it may likely be contaminated, it certainly, in my view, reaches to the level of a punitive claim," he said, especially if criminal charges are to be brought.

Federal officials want criminal investigation of peanut company  "It's an unusually high number of deaths for a salmonella outbreak," said Bill Marler, a Seattle lawyer and expert on food poisoning cases.

Lawsuits saddle peanut butter industry  "We do not allege punitive damages in most cases," attorney Bill Marler (of the firm Marler Clark) says in a press release. "Just the most egregious. In fifteen years of litigating food cases, this is one of the worst examples of corporate irresponsibility I have ever seen. Not only does the plant appear to have had atrocious practices, but the product that seems to have repeatedly tested positive for Salmonella but was shipped to hospitals, nursing homes and schools regardless."

Congress to hold hearings on peanut product recall  Meanwhile, a third lawsuit was filed on behalf of a victim against PCA yesterday. Seattle attorney Bill Marler, a 15-year veteran in litigating food-borne illness cases, filed in the U.S. District Court of California, Northern District, on behalf of the Trone family of Crescent City, Calif.‚Ä®‚Ä®The suit alleges that up to and including Christmas Day, Bryson Trone, 3, ate peanut butter cracker sandwiches made with PCA's peanut butter product. He fell ill Dec. 26, and when symptoms worsened, was admitted to the hospital, where he remained for 5 days. While hospitalized, he tested positive for the strain of Salmonella Typhimurium associated with the PCA outbreak.

McGuire Says No Thanks to Peanut Corporation of America  Marler, who is filing another lawsuit today on behalf of the family of a boy who fell ill, says he's now in contact with a new PCA attorney: Alan Maxwell, a partner of the Atlanta-based firm Weinberg Wheeler Hudgins Gunn & Dial. According to his bio, Maxwell has cornered the market on food-borne illness defense work, having represented, among others, spinach producers suspected in E. Coli outbreaks and other peanut butter producers sued over salmonella outbreaks.

Latest peanut scare may be linked to previous outbreak  One logical explanation could be the raw peanuts supplied to ConAgra before its salmonella contamination in late 2006-early 2007 came from the same farmer who supplied PCA during the current contamination, said Seattle attorney Bill Marler, who sued ConAgra on behalf of sickened people in 2007 and last month filed two suits on behalf of people sickened by PCA.

I received a lot of email and calls from folks today wanting to get some understanding of what might be facing The Peanut Corporation of America (PCA).  Here are my thoughts:

The Federal Food, Drug, and Cosmetic Act was passed by Congress in 1938 in reaction to the growing public safety demands.  The primary goal of the Act is to protect the health and safety of the public by preventing deleterious, adulterated or misbranded articles from entering interstate commerce.   Under section 402(a)(4) of the Act, a food product is deemed “adulterated” if, inter alia, the food was “prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.” A food product is also considered “adulterated” if it bears or contains any poisonous or deleterious substance which may render it injurious to health. If, however, the “poisonous or deleterious” substance is not an added substance, the food is not considered adulterated if the quantity of the substance in the particular food item does not ordinarily render the food injurious to health.

The Act authorizes factory inspections and added injunctions to the enforcement tools at the Food and Drug Administration's (FDA) disposal.   Following hearings in the early 1950s, a series of laws addressing pesticide residues (1954), food additives (1958), and color additives (1960) gave the FDA much tighter control over the growing list of chemicals entering the food supply, putting the onus on manufacturers to establish their safety.   The Act stands today as one of the primary means by which the federal government enforces food and pharmaceutical safety standards.

Chapter III of the Act addresses prohibited acts, subjecting violators to both civil and criminal liability.   Provisions for criminal sanctions state that:

• Felony violations include adulterating or misbranding a food, drug, or device, and putting an adulterated or misbranded food, drug, or device into interstate commerce.  Any person who commits a prohibited act violates the FDCA.  A person committing a prohibited act "with the intent to defraud or mislead" is guilty of a felony punishable by three years imprisonment.
• A misdemeanor conviction under the FDCA, unlike a felony conviction, does not require proof of fraudulent intent, or even of knowing or willful conduct.  Rather, a person may be convicted if he or she held a position of responsibility or authority in a firm such that the person could have prevented the violation.   Convictions under the misdemeanor provisions are punishable by up to one year imprisonment or a $1000 fine.

The Act also includes provisions for individual liability, specifically.  Individuals who are responsible for criminal behavior are normally named as defendants along with corporate entities through which crimes are committed.  A corporate defendant's willingness to enter a plea of guilty is accordingly not a basis for dismissal of charges against an individual.  Individual defendants are generally the highest ranking officials in a firm who made decisions that violated the law, along with others who actively participated in fraudulent activity.  Thus, presidents of corporations and managers of facilities where violations take place are often appropriate defendants.

One thing to remember, before we try and convict PCA, is that in 15 years of involvement in every major foodborne illness case, there have been only a handful of prosecutions and fewer convictions.  This has been true in cases involving acts as egregious or more so than those of PCA.  Not to say they should not be prosecuted, just remember to keep in in context.

References

  Carol Benjamin and Betsy J. Floman, Federal Food and Drug Act Violations, 31 Am. Crim. L. Rev. 629 (1994).
  21 U.S.C. §331.
  21 U.S.C. §333(a)(2).
  See United States v. Park, 421 U.S. 658, 674-77 (1975); United States v. Dotterweich, 320 U.S. 277, 280-81 (1943).
  See United States v. Marcus, 82 F.3d 606 (4th Cir. 1996) (President/CEO of generic drug manufacturing firm prosecuted for altering heart medication formula without adequate testing or FDA approval); United States v. James V. Mays, 77 F.3d 906 (6th Cir. 1996); United States v. Samuel and Patsy Mays, 69 F.3d 116 (6th Cir. 1995), cert. denied, 116 S. Ct. 2504 (1996) (President, Secretary/Treasurer, and Operations Manager of juice concentrate company prosecuted for secretly adding 20,000,000 pounds of sugar to product sold as pure 100% orange concentrate).

The FDA, OCI and DOJ are now investigating Peanut Corporation of America according to the press conference happening right now.  According to the CDC 529 people have been confirmed as ill and linked to this Salmonella outbreak.

The New York Times story in the morning profiles Christopher Meunier, age 7, who is my client in the most recent Salmonella Peanut Butter Outbreak. He suffered a high fever, bloody diarrhea, vomiting and was hospitalized for six days because he ate peanut butter.

Somewhere, the intrepid reporters of the New York Times found this quote from now President Obama:

“Far too often, tainted food is not recalled until too late,” Mr. Obama said last year. “When I am president, it will not be business as usual when it comes to food safety. I will provide additional resources to hire more federal food inspectors.”

Perhaps that means that the administration is paying attention.

A cyber-friend sent me this photo which reminds me of a poster I have seen a few times and a t-shirt my daughter wears daily.

Perhaps I should sell these on line?  I still have several boxes of barfblog wear.  I can see these in employee bathrooms?  Make sure you wash your hands.

One day after the Peanut Corporation of America (PCA) initiated one of the largest food recall in American history, foodborne illness law firm Marler Clark filed a second lawsuit in the Salmonella outbreak linked to their products. The lawsuit was filed against PCA in the US District Court of California, Northern District, on behalf of the Trone family of Crescent City, California.

“We’re filing this lawsuit because we have repeatedly requested that PCA immediately pay medical expenses and wage loss for all of the 501 people sickened by their products,” said the Trone’s attorney, Bill Marler. “There has been no response from them, none. It’s unconscionable.”

Up to and including Christmas Day, 2008, 3-year-old Bryson Trone ate peanut butter cracker sandwiches made with PCA’s peanut butter product. On December 26, he fell ill with fever and frequent bouts of diarrhea that turned bloody. When his symptoms worsened, he was admitted to the hospital, where he remained for 5 days. While hospitalized, he tested positive for the strain of Salmonella Typhimurium associated with the PCA outbreak. He continues to recover from his illness.

The outbreak of Salmonella Typhimurium began in August 2008, and the CDC reports that more than 500 people have been sickened and the infection contributed to eight deaths. The illnesses were first linked to peanut butter on January 9, and later traced to the PCA processing plant in Blakely, GA. The now-shuttered plant provided peanut butter and peanut paste used in many products, including cookies, candies, ice cream, nutrition bars, and dog treats. Dozens of companies have recalled hundreds of products, with more appearing every day. After FDA disclosures of ongoing contamination and questionable practices, PCA recalled all products manufactured in the plant since January 1, 2007.

Weeks ago I asked the CDC, FDA and PCA to respond to the following list, however, there still has been limited, or no, response to my “To Do List.”

1. Make sure ALL product is promptly recalled – after a fitful start, the FDA’s website now lists hundreds of products that have been recalled. Companies who do not use PCA’s peanut butter or paste have a competing website listing those products considered safe.

2. PCA should not destroy any documents – despite legal obligations to keep documents, many manufacturing companies believe that “uncomfortable” documents are better shredded.

3. PCA should pay the medical bills and all related expenses of the innocent victims and their families – other than statistics on the CDC website, these sickened people and grieving families deserve to be treated with dignity – they should not have to worry about the financial stress of medical bills and lost wages.

4. PCA should pay the cost of all related Health Department, CDC and FDA investigations – why should taxpayers throughout the United States pay for the cost of investigating one company’s error?

5. The CDC, FDA and PCA must provide all bacterial and viral testing of all PCA peanut butter products - before and after recall.

6. The FDA and PCA must release all inspection reports on the PCA plant by any governmental entity or third-party auditor.

7. PCA must release all bacterial or viral safety precautions taken - especially after the 2007 Salmonella peanut butter outbreak.

8. The CDC, State and Local Health Departments and FDA should release all data behind the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak.

9. The FDA and the Peanut Industry must show the public what is being done now to prevent the next outbreak.

When foodborne illness outbreaks occur, the source of the contamination is not always clear. Lawyers pursuing foodborne illness claims must carefully determine the applicable laws and identify the party that brought the product to market.

These days, ready-to-eat produce is more popular than ever. Unfortunately for the American populace, prepackaged produce often carries a risk of harboring foodborne pathogens. Due to large-scale production and distribution, prepackaged produce that is tainted has the potential to affect thousands of consumers. According to the Centers for Disease Control and Prevention (CDC), foodborne illness kills 5,000 people in the United States every year.1

With the advancing sophistication of scientific detection and investigation methods, one can hope that the root causes of food product defects will be easier to identify in the years to come. In the interim, the legal system remains the only avenue of recovery for consumers injured by foodborne diseases.

The United States has seen several foodborne illness outbreaks in recent years, including a 2008 salmonella outbreak linked to raw tomatoes and peppers that sickened 1,442 people in 43 states,2 a 2006 E. coli outbreak that was later linked to Dole brand baby spinach and resulted in 204 confirmed E. coli cases,3 and a 2002 E. coli outbreak linked to ConAgra brand ground beef, in which nearly 19 million pounds of beef were recalled.4 Perhaps the most well-known foodborne illness outbreak in the United States was a 1993 E. coli outbreak associated with the Jack in the Box restaurant chain that left more than 700 people ill and four children dead.5

Every foodborne illness outbreak presents unique circumstances. The 2006 Dole outbreak was notable, however, for the FDA’s success in tracing the source of the contamination to a particular growing area and finding the outbreak strain present there. The Dole outbreak highlights some of the essential steps to conducting food products liability litigation, including determining the applicable body of law, the entities subject to strict liability, the indemnity and insurance issues involved, the role third-party defendants might play, and the extent to which the defendant knew about the risk of contamination.

January 28, 2009

To: GMA Members

From: Robert E. Brackett, Ph.D.
Senior Vice President and Chief Science and Regulatory Affairs Officer

Subject: URGENT Update on Salmonella Recall

It is our understanding that the current recall of peanut butter and peanut paste produced by Peanut Corporation of America (PCA) will be expanded to ALL products coming out of the PCA facility in Blakely, Georgia after January 1, 2007. The list of products will include, but is not limited to:

All whole peanuts (dried, roasted or raw)
Granulated peanuts
Peanut meal
Peanut butter
Peanut paste

This expansion will be requested based on new information acquired by FDA during their recent investigation of the Blakely Plant. We are uncertain when PCA and FDA will publicly announce the expanded recall. However, it is anticipated that the announcement could generate significant media attention.

Although FDA has not asked for input at this particular time, we anticipate that they will again ask that companies that are included in the expanded recall notify FDA. We assume they will rely on the same mechanism (email or fax) for notifying them as in the original recall. However, we cannot confirm that at this time. We will forward this information as it becomes available. In addition, we anticipate that FDA will be asking that those firms who did NOT source peanut butter or paste, confirm that that this is still true for the expanded list of products so that FDA can more quickly narrow the scope of the expanded recall.

There were 12 instances when a private laboratory hired by PCA tested products for PCA and found Salmonella positives. These products were retested and when a negative test result was allegedly received, PCA shipped the products. In one of these cases, the Salmonella strain was Typhimurium. In two cases, the strain was Anatum.  Hmmm, this is more than "presumptive positive" - given that the Salmonella was serotyped.  There was no strain identified for the other nine instances.

Like at ConAgra's peanut butter plan in Sylvester, the Blakely plant had ceiling issues ("Raindrops keep falling on my head").  Further, the roaster might not have been adequate to eliminate microbiological contamination (Not hot enough to cook the feces out of it).

Roaches were also found in the plant. Finally, when trailers containing totes of peanuts were backed into the plant, there were openings that were large enough for pests to enter.

This just hot off the Press Release Wire:

The American Peanut Council (APC) today expressed its shock and dismay at findings that report the Peanut Corporation of America (PCA) knowingly released a product with potential salmonella contamination into the food supply, as released by the U.S. Food and Drug Administration (FDA).

"The findings of the FDA report can only be seen as a clear and unconscionable action of one irresponsible manufacturer, which stands alone in an industry that strives to follow the most stringent food safety standards," said Patrick Archer, President of the American Peanut Council. "The American peanut industry's top priority is the health and safety of consumers. While we will of course wait for the full report tomorrow, this apparent failure to follow food safety regulations must be condemned in the strongest possible terms."

Talk about getting thrown under the bus?  Where was APC over the last few years?

Had a nice chat with Ed O’Keefe at 6:45 AM this morning (do you ever notice how people in DC think that their time must be your time?) for his post this afternoon – “Outspoken Food Safety Advocate Wants In.” Here is part of the post:

Two leading candidates have emerged to serve as the Agriculture Department’s undersecretary for food safety, which leads the Food Safety Inspection Service (FSIS). But there’s an "outside the box" and "outside the Beltway" candidate eager and ready to give up his comfortable private sector life for the less lucrative government job.

Bill Marler is a Seattle-area attorney who specializes in food safety litigation. His passion and concern about food safety inspired him to launch a blog, MarlerBlog.com, which he updates several times a day with news and his views on the issue. Most recently he has focused almost exclusively on the nationwide salmonella outbreak linked to peanut butter and peanut paste that may be responsible for seven deaths.

"If this does not catch President Obama's attention, I do not know what will," he wrote last week. "Hey, Mr. President, call me, I'll work for peanuts."

Frankly, friends who know me ask why I would be willing to give up a well-paid job holding companies accountable for sickening their customers. The short answer – to serve. The longer answer is in a post I did several months ago – “Open Letter to a New Under Secretary for Food Safety – FSIS.” 

I do not need a new job, I actually love the job I have.

A quote by French novelist Alphonse Karr seems to fit all too well when comparing the Epidemiologic Curve of both the ConAgra 2006-2007 and the Peanut Corporation of America 2008-2009 Salmonella Peanut Butter Outbreaks.

On July 7, 2007, the Centers for Disease Control and Prevention (“CDC”) learned that two siblings in Texas were critically ill with botulism and that their illnesses were likely acquired by eating contaminated food. Four days later on July 11, public health officials in Indiana reported to the CDC that a married couple in Indiana were suspected of having foodborne botulism. On July 17, CDC staff provided information regarding the production-dates and times to the FDA. The evidence strongly suggested that brands of Castleberry’s hot dog chili sauce were the common source of the four ill persons with botulism. By August 24, eight cases of botulism had been reported to the CDC. In addition to the Indiana couple, the mother of the children in Texas had developed symptoms of botulism, which brought the total number of Castleberry-associated cases in Texas to three. There were also three unrelated residents of Ohio who had developed botulism consuming Castleberry’s hot dog chili sauce in the week before symptom onsets. Botulinum toxin was identified in leftover chili sauce collected from the refrigerator belonging to one of the Ohio cases.

On July 18 and 19, a team of federal investigators were sent to the firm’s warehouse. Samples of Castleberry’s Austex and Castleberry’s brand Hot Dog Chili Sauce with the “best by May 7, 2009” and “best by May 8, 2009” lot codes were collected and sent to FDA laboratories for testing. FDA testing of sample 428113, consisting of 17 swollen cans, found C. Botulinum toxin in 16 of the cans. This sample included the same time-stamp and lot code from the May 8, 2007 production as the can found in the Indiana home. FDA testing of sample 420352, consisting of six swollen cans, found C. Botulinum in four cans. FDA sample 420353 included one swollen can, and its contents tested positive for C. Botulinum toxin.

Federal investigators conducted extensive tests on Castleberry equipment. The findings are presented in an FDA report issued on August 10, 2007. Noted observations include:

1.  The system, equipment, and procedures used for thermal processing of foods in hermetically sealed containers were not operated and administered in a manner that ensures commercial sterility is achieved.

2.  Each retort did not have an accurate temperature records device.

3.  Failure to supply a suitable water valve used for water cooling to prevent leakage of water into the retort during processing.

4.  The condensate bleeder was not checked with sufficient frequency to ensure removal of condensate or equipped with an automatic alarm system for the continuous monitoring of condensate bleeder functioning.

5.  Required information was not entered on designated forms at the time the observation was made by the retort or processing system operator or designated person.

6.  Failure to maintain fixtures in repair sufficient to prevent food from becoming adulterated.

7.  Failure to properly adjust the temperature-recording device. The temperature recorded on the temperature-recording device chart was higher than the mercury-in-glass thermometer during processing.

The report ultimately placed blame on Castleberry management saying there was no commitment from employees in making the products and there was not adequate management oversight. As one Castleberry employee noted: “Two years ago the [implicated reports] were maintained very well, but they are maintained poorly now.” The FDA plainly agreed, citing Castleberry’s for the “failure to maintain fixtures in repair sufficient to prevent food from becoming adulterated.” This is the story of one of those cases.

In late October 2003, Beaver County ER doctors reported an alarming number of Hepatitis A cases. Investigators from the Pennsylvania Department of Health initiated an investigation immediately and discovered that many, if not all, cases had eaten at Chi Chi’s restaurant in Monaca, Pennsylvania’s Beaver Valley Mall. Along with the health department, the federal Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA) conducted further studies of the outbreak. Preliminary analysis of a case-control study suggested that green onions were the probable source of the outbreak. The onions had been shipped to the restaurant in boxes and were stored and refrigerated in buckets of ice. They were eventually chopped up and served in various dishes at the restaurant, often uncooked, as in the preparation of mild salsa. “Preliminary trace-back information indicated that the green onions supplied to Chi Chi’s had been grown in Mexico.” Ultimately, over 650 people were sickened in the outbreak. The victims included at least thirteen Chi Chi’s employees and numerous residents of six other states. Four people died from their injuries, and more than 9,000 people obtained immune globulin shots as protection against the virus. This is the story of one of those cases (click below to see short quicktime video):

Five months after the Salmonella Typhimurium outbreak began, and nearly three weeks after the Minnesota Department of Health “spilled the beans” that tainted peanut butter was the vector, the public still has little idea why nearly 500 became ill with over 125 hospitalized and eight deaths. Now, Peanut Corporation of America (PCA) has shuttered its doors and the town of Blakely, Georgia is reconsidering itself as “Peanut Capital of the World.”

Weeks ago I asked the CDC, FDA and PCA to respond to the following list, however, there still has been limited, or no, response to my “To Do List.”

1. Make sure ALL product is promptly recalled – after a fitful start, the FDA’s website now lists hundreds of products that have been recalled. Companies who do not use PCA’s peanut butter or paste have a competing website listing those products considered safe.

2. PCA should not destroy any documents – despite legal obligations to keep documents, many manufacturing companies believe that “uncomfortable” documents are better shredded.

3. PCA should pay the medical bills and all related expenses of the innocent victims and their families – other than statistics on the CDC website, these sickened people and grieving families deserve to be treated with dignity – they should not have to worry about the financial stress of medical bills and lost wages.

4. PCA should pay the cost of all related Health Department, CDC and FDA investigations – why should taxpayers throughout the United States pay for the cost of investigating one company’s error?

5. The CDC, FDA and PCA must provide all bacterial and viral testing of all PCA peanut butter products - before and after recall.

6. The FDA and PCA must release all inspection reports on the PCA plant by any governmental entity or third-party auditor.

7. PCA must release all bacterial or viral safety precautions taken - especially after the 2007 Salmonella peanut butter outbreak.

8. The CDC, State and Local Health Departments and FDA should release all data behind the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak.

9. The FDA and the Peanut Industry must show the public what is being done now to prevent the next outbreak.

My “To Do List” is in many ways what will eventually come out - months or years from now - after the Congressional Hearings and the protracted litigation - but it will come out. Getting to it now, while the public, the politicians, the regulators and the businesses are still engaged, give us the greatest opportunity to treat the innocents with dignity and to learn from mistakes. As George Santayana said, “Those who cannot learn from history are doomed to repeat it.”

As this peanut butter recall expands, so has the readership of my blog (up 150%) and subscribers (up 20%).  Subscribe to Marler Blog and jump in with comments.

Agriculture Secretary Tom Vilsack has appointed Ron Hicks to lead the Office of Food Safety during the interim of the incoming administration.  Mr. Hicks recently served as FSIS’ Chief Operating Officer.  In this position, he monitored the daily operations of the Agency with a focus on the design, operations and improvement of FSIS’ management systems.  He also served as an Assistant Administrator for the Office of Program Evaluation, Enforcement and Review, Acting Associate Administrator for FSIS as well as Deputy Assistant Administrator for the Office of Management.  He is a native of Washington, D.C.; in 1973, he received a Bachelor of Science in Political Science from Catholic University, and in 1976 a law degree from Catholic University Columbia School of Law.

Mr. Hicks, wish you the very best.  Please take the time to read, "Open Letter to a New Under Secretary for Food Safety - FSIS - The End of E. coli Conservatism."

The number of ill persons identified in each state is as follows: Alabama (1), Arizona (10), Arkansas (4), California (62), Colorado (12), Connecticut (9), Georgia (6), Hawaii (3), Idaho (11), Illinois (6), Indiana (4), Iowa (2), Kansas (2), Kentucky (3), Maine (4), Maryland (8), Massachusetts (42), Michigan (25), Minnesota (35), Missouri (9), Mississippi (3), Nebraska (1), New Hampshire (11), New Jersey (19), New York (18), Nevada (5), North Carolina (6), North Dakota (10), Ohio (67), Oklahoma (2), Oregon (7), Pennsylvania (14), Rhode Island (4), South Dakota (2), Tennessee (9), Texas (6), Utah (5), Vermont (4), Virginia (20), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2). Additionally, one ill person was reported from Canada.

But I have my Obama Bobble Head on my desk to remind me that change is coming.

Had the pleasure to join John Hockenberry, Adaora Udoji and Nadia Zonis to talk about - "How to make our food safety system stronger"

Salmonella-tainted peanut butter has sickened close to five hundred people in 43 states, and killed six. People started getting sick back in September, but the FDA has only recently pinpointed the source of the infection - King Nut brand peanut butter manufactured by Peanut Corporation of America in Blakely, Georgia. Bill Marler, a Seattle lawyer who represents victims of food poisoning and advises companies on food safety joins John and Adaora to explain why it takes so long to trace foodborne illnesses and how the system could be improved. 

Audio should be online soon.  I'm going back to bed for a few hours.

Reuters reported yesterday that a Chinese court sentenced two men to death for their role in the production and sale of melamine-tainted milk that killed at least six children and made nearly 300,000 ill.   The former head of the dairy firm at the heart of the scandal, the now bankrupt Sanlu Group, got life in prison and a fine.  I was stunned, but not surprised at the anger directed at the executive of Sanlu:

"I think she should be shot. A death for a death," said Zheng Shuzhen, a 48-year-old grandmother from central Henan province, who said her one-year-old granddaughter, Zhou Mengxian, died in June of kidney failure after drinking Sanlu milk formula but was not included in the list of victims.

Six died in China last year over melamine-tainted milk and six have died in the last months in the United States over Salmonells-tainted peanut butter.  Five died in 2006 due to E. coli-tainted spinach and 5,000 die each year in the United States due too food poisoning.  The CDC also estimates that another 325,000 are hospitalized and 76 Million are sickened each year in the United States by food.  Does anyone recall a criminal prosecution?  One must wonder what United States food company executives are thinking?  Perhaps pleased that their parents did not choose to live in China?

Interestingly, AP reported just a few days ago, "China families take milk case to highest court." More than 200 families whose babies fell ill after drinking tainted infant formula are taking their case to China's highest court after being repeatedly ignored by lower courts.  One wonders, if Chinese citizens had the same rights that we take for granted, that death sentences would be fewer and farther between.  Here is a quote from on of the plaintiffs:

"The reason why I'm bringing this case to court is not about money but about my child's future," said Zhang Ge, a single mother in Beijing who quit her job at an Internet advertising company to look after her sick son.

OK, I must admit, I am a bit pissed that the Washington Post found out where I get all my 'hot' food topics - that "blog minx, Eddie Gehman Kohan," "Obamafoodorama" and the other "Haphazard Gourmet Girls." And, it has nothing to do with the fact that the ladies wrote about me in "The Best Hope For Change In Food: Bill Marler Should be Under Secretary for Food Safety." And, it certainly has nothing to do with the picture of Eddie, the 'Editor in Chef."

I sometimes just have to look out the office window.

The CDC reported today that 488 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states and Canada.

The FDA is adding more company press releases as the recall expands:

* Trader Joe’s Announces Voluntary Recall of Trader Joe’s Peanut Butter Chewy Coated & Drizzled Granola Bars, Nutty Chocolate Chewy Coated & Drizzled Granola Bars and Sutter’s Formula Cookies Due to Possible Health Risk (January 22)

* Parker Products, Inc. Announces Nationwide Voluntary Recall of Certain Peanut Butter Products (January 22)

* Arbonne International Voluntarily Recalls Figure 8 Peanut Butter Chews Due To Possible Health Risk (January 22)

* Jimmy's Cookies Issues Nationwide Recall of Various Peanut Butter Cookies Due to Possible Health Risk (January 22)

*Perry's Ice Cream Company Adds Two Products to Voluntary Recall of Select Peanut Butter Ice Cream Products (January 22)

* Kroger Recalls Additional Select Ice Cream Product Due to Possible Health Risk (January 20)

*General Nutrition Centers, Inc. Announces Nationwide Voluntary Recall of Certain Lots of GNC Triflex Peanut Butter Soft Chews (January 22)

* Chef Jay’s Food Products Announces Voluntary Nationwide Recall of Products Containing Peanut Butter Due to Possible Health Risk (January 21)

* Rain Creek Baking Corporation Announces Voluntary Withdrawal of Peanut Butter Turtles, Peanut Butter Baskets and Peanut Butter Princesses Due to Possible Health Risk (January 22)

* South Bend Chocolate Company Extends Nationwide Recall of Candy Containing Peanut Butter Because of Possible Salmonella Contamination (January 22) New!

* Nash Finch Recalls Bakery Products With Peanut Butter Distributed in Seven States Due to Possible Health Risk (January 20)

* Aspen Hills, Inc. Announces Voluntary Product Recall of Certain Cookie Dough Products (January 22)

* Best Brands Corp. Announces Voluntary Recall of Peanut Butter Frozen Cookie Dough (January 21)

* Lovin Oven, LLC Announces Voluntary Nationwide Recall of Certain Health Valley Organic Peanut Crunch Chewy Granola Bars (January 21)

* Landies Candies Co. Inc Announces Voluntary Recall of Select Peanut Butter Filled Chocolates Due to Possible Health Risk (January 21)

* Weis Markets Announces Voluntary Recall of Weis Quality (WQ) Cheese Peanut Butter Sandwich Crackers and WQ Toasted Peanut Butter Sandwich Crackers Due to Possible Health Risk (January 20)

* Blanton's Candies Recalls Peanut Butter Sticks Because of Possible Health Risk (January 21)

* Dinners Ready Meridian Recalls November & December Asian Marinated Flank Steak, Indonesian Chicken and Chicken Satay Prepared Meals Because of Possible Health Risk (January 20)

*Boca Grande Foods Announces a Nationwide Recall of POCO PAC®, and GRANDE GOURMET™ Peanut Butter Products Because of Possible Health Risk (January 20)

* Premier Nutrition Announces Voluntary Nationwide Recall of selected TWISTED and TITAN Branded Bars Containing Peanut Butter Due to Possible Health Risk (January 20)

*NutriSystem Announces Nationwide Voluntary Recall of Peanut Butter Granola Bar Due to Possible Peanut Corporation of America (PCA) Contamination and Potential Health Risk (January 21)

*Ready Pac Foods, Inc Announces Voluntary Product Recall (January 20)

*PetSmart Voluntarily Recalls Grreat Choice® Dog Biscuits (January 20)

* Nature's Path Recalls Peanut Butter Optimum Energy Bars Nationwide Because of Possible Health Risk (January 20)

* Country Maid Announces Voluntary Nationwide Recall of Classic Breaks® Peanut Butter Cookie Dough Due to Possible Health Risk (January 20)

* Evening Rise Bread Co. Recalls Peanut Butter Cookies and Bars Because of Possible Health Risk (January 19)

* Clif Bar & Company Announces Voluntary Nationwide Recall of CLIF® and LUNA® Branded Bars Containing Peanut Butter Due to Possible Health Risk (January 19)

* Kroger Recalls Select Ice Cream Products Due to Possible Health Risk (January 19)

* Abbott Nutrition Announces Voluntary Recall of ZonePerfect® Chocolate Peanut Butter Bars, ZonePerfect® Peanut Toffee Bars and NutriPals™ Peanut Butter Chocolate Bars in U.S., Mexico, New Zealand and Singapore (January 19)

* Meijer Announces Voluntary Recall for Some Meijer Brand Peanut Butter Crackers and Ice Cream Because of Possible Health Risk (January 19)

* Peanut Corporation of America Expands Nationwide Recall of Peanut Butter (January 18)

* Ralcorp Frozen Bakery Products Recalls Wal-Mart Bakery Brand Peanut Butter Cookies Because Of Possible Health Risk (January 18)

* Ralcorp Frozen Bakery Products Recalls Lofthouse Peanut Butter Cookies, Chuck's Chunky Peanut Butter Cookies And Pastries Plus Gourmet Cookies Nationwide Because Of Possible Health Risk (January 18)

* Ralcorp Frozen Bakery Products Recalls Food Lion Bake Shop Peanut Butter Cookies Nationwide Because Of Possible Health Risk (January 18)

* South Bend Chocolate Company Recalls Various Candys Containing Peanut Butter Because of Possible Salmonella Contamination (January 18)

* McKee Foods Corporation Announces Voluntary Nationwide Recall of Little Debbie® Peanut Butter Toasty and Peanut Butter Cheese Sandwich Crackers Because of Possible Health Risk (January 18)

* Perry's Ice Cream Company Announces Voluntary Recall of Select Peanut Butter Ice Cream Products Due to Possible Health Risk (January 17)

* Hy-Vee Inc. Recalls Bakery Products With Peanut Butter Distributed in Seven States Due to Possible Health Risk (January 17)

* Peanut Corporation of America Expands Nationwide Recall of Peanut Butter (January 16)

* Kellogg Company Announces Voluntary Nationwide Recall of Austin® and Keebler® Branded Peanut Butter Sandwich Crackers and Select Snack-Size Packs of Famous Amos® And Keebler® Soft Batch Peanut Butter Cookies Because of Possible Health Risk (January 16)

* Peanut Corporation of America Announces Voluntary Nationwide Recall of Peanut Butter (January 13)

* King Nut Issues Peanut Butter Recall (January 10)

As of a few moments ago, the FDA website has added at least two more recalled products.  Please check the site and your cupboards.  My advise is to simply stay away from peanut products for a few more days until things clear up a bit more.

From the CDC - Monday, January 19, 2009, 485 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states and Canada. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (10), Arkansas (4), California (62), Colorado (11), Connecticut (9), Georgia (6), Hawaii (3), Idaho (11), Illinois (5), Indiana (4), Iowa (1), Kansas (2), Kentucky (3), Maine (4), Maryland (8), Massachusetts (42), Michigan (25), Minnesota (35), Missouri (9), Mississippi (3), Nebraska (2), New Hampshire (11), New Jersey (19), New York (18), Nevada (5), North Carolina (4), North Dakota (10), Ohio (65), Oklahoma (2), Oregon (7), Pennsylvania (14), Rhode Island (4), South Dakota (2), Tennessee (9), Texas (6), Utah (5), Vermont (4), Virginia (20), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2).

Among the 469 persons with dates available, illnesses began between September 8, 2008 and January 9, 2009. Patients range in age from <1 to 98 years; 48% are female. Among persons with available information, 23% reported being hospitalized. Infection may have contributed to six deaths.

A lawsuit stemming from the national outbreak of Salmonella Typhimurium in peanut butter will be filled Tuesday against the Peanut Corporation of America (PCA) in the US District Court, Middle District of Georgia. The complaint was filed on behalf of Vermont residents Gabrielle and Daryl Meunier, whose son was sickened in the outbreak.

The outbreak, which began in September, has sickened more that 475 people, hospitalized over 90, and contributed to six deaths. The illnesses were first linked to peanut butter on January 9, and later traced to a PCA processing plant in Blakely, GA. Many companies who purchased peanut butter or peanut paste from the plant have begun recalling products. One of the first was Kellogg’s, who recalled Keebler brand peanut butter cracker sandwiches, but it was too late for the Meunier family, whose son consumed the crackers and fell ill on November 25.

The 7-year-old’s symptoms were fever, vomiting, and frequent bouts of diarrhea, which turned bloody. When he did not improve, his family took him to the emergency room, where he was admitted to the hospital. He remained hospitalized until December 4. During that time, he tested positive for what would later be revealed as the outbreak strain of Salmonella Typhimurium. He is still recovering from his illness, experiencing recurring diarrhea, painful stomach cramps, and body aches and pains.

“Today is a tremendous day in America. We are inaugurating a President who campaigned on a platform of change, hope, and justice. I sincerely hope that Mr. Obama will be able to effect change in our food safety agencies and policies. In the mean time, hundreds of Americans are ill, and six families are mourning. All of those families have medical bills, some have lost time at work, and we all know what a strain that is. Something has to be done about it.”

“We learned a lot in the last peanut butter outbreak, and it’s sad that we have to put that knowledge to use.  But what we know is that we have to make sure all possibly contaminated product is promptly recalled, and that the responsible companies step up to pay the medical bills of the victims as well as the cost of government investigations. In addition, the public needs to know what safety precautions the Peanut Corporation of America was taking, especially after the 2007 outbreak. Finally, they need to show the public what will be done to prevent the next outbreak.”

From the CDC - showing illness beginning August 30, 2008 (just got off the phone with the nice lady) linked to Peanut Butter consumption.  Last illness shown is January 2, 2009, but it is expected that the green bars will continue to the right as more cases are counted over the coming weeks.

Hopefully, the recalls of the products will continue the downward trend of the illnesses thenselves.

As part of the “press release a minute,” Kellogg announces that FDA tests reveal that some of its cracker products are contaminated.

Products impacted by the previously-announced Kellogg Company recall were produced on or after July 1, 2008, including:

Austin(R) Quality Foods Cheese Crackers with Peanut Butter - all sizes

Austin(R) Quality Foods Cheese & Peanut Butter Sandwich Crackers - all sizes

Austin(R) Quality Foods Mega Stuffed Cheese Crackers with Peanut Butter - all sizes

Austin(R) Quality Foods PB & J Cracker Sandwiches - all sizes

Austin(R) Quality Foods Super Snack Pack Sandwich Crackers

Austin(R) Quality Foods Chocolate Peanut Butter Sandwich Crackers - all sizes

Austin(R) Quality Foods Toasty Crackers with Peanut Butter - all sizes

Austin(R) Quality Foods Reduced Fat Cheese & Peanut Butter Sandwich Crackers

Austin(R) Quality Foods Reduced Fat Toasty Crackers with Peanut Butter Sandwich Crackers

Austin(R) Quality Foods Cookie/Cracker Pack Austin(R)

Quality Foods Variety Pack Keebler(R) Cheese & Peanut Butter Sandwich Crackers - all sizes

Keebler(R) Toast & PB'n J Flavored Sandwich Crackers - all sizes

Keebler(R) Toast & Peanut Butter Sandwich Crackers - all sizes

Famous Amos(R) Peanut Butter Cookies (2- and 3-ounce)

Keebler(R) Soft Batch Homestyle Peanut Butter Cookies (2.5-ounce)

As I said on King TV last night:

"This outbreak has been going on since Labor Day," said Seattle attorney Bill Marler. "We're finally figuring it out on Inauguration Day. To me, I find that appalling.”

From a Company Press Release on FDA Website:

Peanut Corporation of America (PCA) is expanding the recall of peanut butter and peanut paste made at its Blakely, Georgia facility because the products have the potential to be contaminated with Salmonella. The potential for contamination was noted after a small number of samples from unopened containers and environmental samples from the Blakely, Georgia facility tested positive for Salmonella.

The recalled peanut butter and peanut paste were distributed to institutions, food service industries, and private label food companies in 24 states, the province of Saskatchewan in Canada, Korea and Haiti for further processing. The U.S. states are the following: Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Maryland, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Utah and Virginia. In addition, affected product was used as an ingredient in other products that may have been distributed in other states.

The recalled peanut butter in the expanded recall is sold by PCA in bulk packaging in containers ranging in size from five to 1,700 pounds. The peanut paste is sold in sizes ranging from 35-pound containers to tanker containers. The lot numbers for all recalled products are at the end of this news release. All of the peanut butter and peanut paste in the expanded recall was made on or after July 1, 2008, and only at the Georgia facility.

A Full list of all recalled product can be found here – Link.

More products with Peanut Butter in them are being recalled.  Frankly, it is hard to keep up on the company press releases - The FDA is sure "doing a heck of a job" of keeping them in one place - see Link.  efoodalert is doing an even better job at keeping up (full time job) - see Link.

* Clif Bar & Company Announces Voluntary Nationwide Recall of CLIF® and LUNA® Branded Bars Containing Peanut Butter Due to Possible Health Risk (January 19)

* Kroger Recalls Select Ice Cream Products Due to Possible Health Risk (January 19)

* Abbott Nutrition Announces Voluntary Recall of ZonePerfect® Chocolate Peanut Butter Bars, ZonePerfect® Peanut Toffee Bars and NutriPals™ Peanut Butter Chocolate Bars in U.S., Mexico, New Zealand and Singapore (January 19)

* Meijer Announces Voluntary Recall for Some Meijer Brand Peanut Butter Crackers and Ice Cream Because of Possible Health Risk (January 19)

* Peanut Corporation of America Expands Nationwide Recall of Peanut Butter (January 18)

* Ralcorp Frozen Bakery Products, Inc. recalls Food Lion Bake Shop brand PEANUT BUTTER COOKIES (January 18)

* South Bend Chocolate Company Recalls Various Candys Containing Peanut Butter Because of Possible Salmonella Contamination (January 18)

* Ralcorp Frozen Bakery Products Recalls Food Lion Bake Shop Peanut Butter Cookies Nationwide Because of Possible Health Risk (January 18)

* McKee Foods Corporation Announces Voluntary Nationwide Recall of Little Debbie® Peanut Butter Toasty and Peanut Butter Cheese Sandwich Crackers Because of Possible Health Risk (January 18)

* Perry's Ice Cream Company Announces Voluntary Recall of Select Peanut Butter Ice Cream Products Due to Possible Health Risk (January 17)

* Hy-Vee Inc. Recalls Bakery Products With Peanut Butter Distributed in Seven States Due to Possible Health Risk (January 17)

* Peanut Corporation of America Expands Nationwide Recall of Peanut Butter (January 16)

* Kellogg Company Announces Voluntary Nationwide Recall of Austin® and Keebler® Branded Peanut Butter Sandwich Crackers and Select Snack-Size Packs of Famous Amos® And Keebler® Soft Batch Peanut Butter Cookies Because of Possible Health Risk (January 16)

* Peanut Corporation of America Announces Voluntary Nationwide Recall of Peanut Butter (January 13)

* King Nut Issues Peanut Butter Recall (January 10)

Now, let's get them off the shelves.

On January 16 Kellogg Company Announced  the Voluntary Nationwide Recall of Austin® and Keebler® Branded Peanut Butter Sandwich Crackers and Select Snack-Size Packs of Famous Amos® And Keebler® Soft Batch Peanut Butter Cookies Because of Possible Health Risk.  Guess what I bought all of at the gas station today?

Based on available information, CDC and FDA recommendations include:

For Consumers

* Do not eat products that have been recalled and throw them away in a manner that prevents others from eating them.

* Postpone eating other peanut butter containing products (such as cookies, crackers, cereal, candy and ice cream) until information becomes available about whether that product may be affected.

* Persons who think they may have become ill from eating peanut butter are advised to consult their health care providers.

For Retailers

* Stop selling recalled products (unless Marler is buying them).

For Directors of Institutions and Food Service Establishments

* Ensure that they are not serving recalled products.

For Manufacturers

* Inform consumers about whether their products could contain peanut butter or peanut paste from Peanut Corporation of America (PCA).  If a manufacturer knows their products do not contain peanut paste from PCA, they should inform consumers of that.

To date, no association has been found with major national brand name jars of peanut butter sold in grocery stores.

I sent off a press release this morning asking for the FDA to do its job and recall peanut butter likely implicated in this recent Salmonella outbreak, and then I leave Minneapolis for the short flight to Seattle.  So, guess what happens when I am in the air - The FDA does its job.  When I landed I got this email"

"The FDA urged consumers on Saturday to avoid eating peanut butter and products that contain it until they can determine the scope of an outbreak of Salmonella food poisoning that may have contributed to six deaths."

"We urge consumers to postpone eating any products that may contain peanut butter until additional information becomes available," Dr. Stephen Sundlof of the Food and Drug Administration's Center for Food Safety said in a teleconference with reporters.

"As of now, there is no indication that "major national name brand jars of peanut butter sold in retail stores are linked" to bulk supplies of peanut butter and peanut paste recalled for fear of possible contamination, the FDA said in a follow-up statement.

On the plane I was reading "The Great Crash" (not great reading on a plane perhaps) by John Kenneth Galbraith about the stock crash of 1929, and noticed that the nuts I was about to eat where from King Nut, presumably sourced from Peanut Corporation of America.  I must admit, I ate them.  Now I wait.

An infectious dose of Salmonella is small, probably from 15 to 20 cells.  The incubation period – the time between ingestion of Salmonella bacteria and the onset of illness – varies from six to 72 hours (Mayo Clinic, 2007, April 12; MMWR Recomm Rep, 2001).

As I said to AP before I left - I am glad the FDA stepped up during the flight:

Seattle-area lawyer William Marler, who specializes in food safety cases, said the government shouldn't wait for the results of more tests to request recalls.

"At least 30 companies purchased peanut butter or paste from a facility with a documented link to a nationwide salmonella outbreak," said Marler. "The FDA has the authority actually, the mandate to request recalls if the public health is threatened. Instead, the FDA has asked the companies to test their products and consider voluntary recalls. It is just not enough."

See local ABC TV Coverge.

Kellogg is recalling 16 products including crackers and other products in light of the problems in Georgia. The recall includes Austin and Keebler branded Peanut Butter Sandwich Crackers, as well as some snack-size packs of Famous Amos Peanut Butter Cookies and Keebler Soft Batch Homestyle Peanut Butter Cookies.

The FDA, and the states of Minnesota, Georgia and Connecticut, confirmed Salmonella contamination in peanut butter manufactured at the Peanut Corporation of America (PCA) facility that ships peanut products to 85 other food companies, including Kellogg.

So, why no recall of these other products? Don’t you think it makes sense to recall all products that may have PCA product that may well have been produced during the time likely to be contributing to the illness and deaths?

FDA, it is time to step up. You have the authority to recall – use it.

TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER A--GENERAL

PART 7 -- ENFORCEMENT POLICY

Subpart C--Recalls (Including Product Corrections)--Guidance on Policy, Procedures, and Industry Responsibilities

Sec. 7.45 Food and Drug Administration-requested recall.

(a) The Commissioner of food and Drugs or designee may request a firm to initiate a recall when the following determinations have been made:

(1) That a product that has been distributed presents a risk of illness or injury or gross consumer deception.

(2) That the firm has not initiated a recall of the product.

(3) That an agency action is necessary to protect the public health and welfare.

Laboratory tests by the Georgia Department of Agriculture have confirmed Salmonella contamination in some peanut butter manufactured by the Peanut Corporation of America (PCA) processing facility in Blakely, Georgia.

We have confirmation for Salmonella,” said Georgia Commissioner of Agriculture Tommy Irvin. “The sample that tested positive came from an unopened five-pound tub of King Nut Creamy Peanut Butter with “Best Before 1/07/10” collected at the plant by one of our inspectors.”

Further testing will be required to determine if this is the type of Salmonella linked to illnesses across the country.

Today, the CDC reported 453 persons (454 if you count the Canadian) infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (9), Arkansas (4), California (60), Colorado (10), Connecticut (8), Georgia (6), Hawaii (1), Idaho (10), Illinois (5), Indiana (3), Iowa (1), Kansas (2), Kentucky (3), Maine (4), Maryland (7), Massachusetts (40), Michigan (25), Minnesota (33), Missouri (8), Mississippi (1), Nebraska (1), New Hampshire (11), New Jersey (18), New York (18), Nevada (5), North Carolina (4), North Dakota (10), Ohio (57), Oklahoma (2), Oregon (5), Pennsylvania (13), Rhode Island (4), South Dakota (2), Tennessee (8), Texas (6), Utah (4), Vermont (4), Virginia (20), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2). Among the 437 persons with dates available, illnesses began between September 08 and December 31, 2008. Patients range in age from <1 to 98 years; 47% are female. Among persons with available information, 23% reported being hospitalized. Infection may have contributed to five deaths.

Now North Carolina reports another death.  And, still there is silence from CDC, FDA, King Nut and Peanut Corporation of America on my To Do List?

1. Make sure ALL product is promptly recalled;‚Ä®

2. Do not destroy any documents;‚Ä®

3. The companies should pay the medical bills and all related expenses of the innocent victims and their families;‚Ä®

4. The companies should pay the cost of all related Health Department, CDC and FDA investigations;‚Ä®

5. Provide all bacterial and viral testing of all recalled product and any other tested product (before and after recall);‚Ä®

6. Release all inspection reports on the plants by any Governmental Entity or Third-party Auditor;


7. Release all Salmonella safety precautions taken by either King Nut or Peanut Corporation of America - especially after the 2007 Salmonella Peanut Butter Outbreak;


8. Provide the public with the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak; and,‚Ä®

9. Show the public what is being done to prevent the next outbreak.

How many more illnesses or deaths?  This reminds me of Hanlon's razor which reads:

"Never attribute to malice that which can be adequately explained by stupidity."

The CDC just reported that the number now is 448 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (8), Arkansas (4), California (60), Colorado (10), Connecticut (8), Georgia (6), Hawaii (1), Idaho (10), Illinois (5), Indiana (3), Iowa (1), Kansas (2), Kentucky (3), Maine (4), Maryland (7), Massachusetts (40), Michigan (25), Minnesota (33), Missouri (8), Mississippi (1), Nebraska (1), New Hampshire (11), New Jersey (18), New York (18), Nevada (5), North Carolina (1), North Dakota (10), Ohio (57), Oklahoma (2), Oregon (5), Pennsylvania (13), Rhode Island (4), South Dakota (2), Tennessee (8), Texas (6), Utah (3), Vermont (4), Virginia (20), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2). Among the 432 persons with dates available, illnesses began between September 08 and December 31, 2008. Patients range in age from <1 to 98 years; 48% are female. Among persons with available information, 22% reported being hospitalized. Infection may have contributed to five deaths.

Still no response to my TO DO LIST:

1. Make sure ALL product is promptly recalled;
2. Do not destroy any documents;
3. The companies should pay the medical bills and all related expenses of the innocent victims and their families;
4. The companies should pay the cost of all related Health Department, CDC and FDA investigations;
5. Provide all bacterial and viral testing of all recalled product and any other tested product (before and after recall);
6. Release all inspection reports on the plants by any Governmental Entity or Third-party Auditor;
7. Release all Salmonella safety precautions taken by either King Nut or Peanut Corporation of America - especially after the 2007 Salmonella Peanut Butter Outbreak;
8. Provide the public with the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak; and,
9. Show the public what is being done to prevent the next outbreak.

A lot of cases of 5 to 50lb tubs of peanut butter travel a long way.  According to Reuters, Kellogg is was removing its Austin and Keebler branded peanut butter snacks from store shelves and put a hold their shipments due to the current Salmonella food poisoning outbreak.  Kellogg said it is taking precautionary measures including putting a hold on any inventory in its control, removing products from retail store shelves, and encouraging customers and consumers to hold and not eat these products until regulatory officials complete their probe.

The products are Toasted Peanut Butter Sandwich Crackers, Peanut Butter and Jelly Sandwich Crackers, Cheese and Peanut Butter Sandwich Crackers, and Peanut Butter-Chocolate Sandwich Crackers.

Kellogg did the right thing.

Blakely seems like such a nice town.  It was incorporated October 24, 1870. Blakely, the county seat of Early County, was named for Captain Johnson Blakely of North Carolina, who was lost at sea on the U.S.S. Wasp in the War of 1812.

The Early County courthouse in Blakely was built around 1905 and is listed on the National Register of Historic Places.

The City of Blakely is nicknamed "The Peanut Capital of the World" because of the number of peanut products that are produced here.

Well, I get to follow the testimony via the Blackberry's of two folks sitting in the hearing, the live webcast and Phil Brasher's Blog - while sitting at my kitchen counter watching the Sun rise.

Have not heard much on food safety.  I know "Change is on the way."

Somewhere between the shower and the ferry terminal I missed the minute spent on food safety.  Thanks to Phil Brasher for blogging:

Two hours into the hearing, Vilsack finally got a question on food safety - from Minnesota's Amy Klobuchar. She wanted to know what he thought needed to be done to improve the exsting food-safety system, which is splintered among federal agencies.

Vilsack offered nothing concrete. He said “we need to modernize our inspection, surveillance system so it is focused on prevent and mitigation,” and he pledged to work with the federal agencies that have responsible for food safety. USDA is responsible for the safety of meat. FDA is responsible for most all other foods.

My guess is that he reads my blog at night, or the New York Times last Sunday:

Bill Marler, a personal-injury lawyer in Seattle who represents clients in food poisoning cases, says the first thing the Obama administration should do is invest in better surveillance for food-borne illness, like a system that Minnesota uses. “If you are able to figure out food-borne illnesses quicker,” Mr. Marler said, “you are able to prevent people from getting sick and save lives.”

I should never do slides early because there is always something to add in.  Today I added in the recent Salmonella outbreak - what's next?

The GAO lists Food Safety on Obama's To Do List - among a few other small things:

Many of the urgent policy concerns identified here are critical and time sensitive and require prioritized federal action. They are issues that require a focus from the transition team and new administration because if they are not dealt with, they could have great implications for life, well being, or the confidence of citizens in government, or because they have key quickly approaching dates where a decision must be made or actions taken. Consequently, these issues are not necessarily the most important issues in the long term, but rather those that must be dealt with immediately.

1.  Oversight of financial institutions and markets,
2.  U.S. efforts in Iraq and Afghanistan,
3.  Protecting the homeland,
4.  Undisciplined defense spending,
5.  Improving the U.S. image abroad,
6.  Finalizing plans for the 2010 Census,
7.  Caring for service members,
8.  Preparing for public health emergencies,
9.  Revamping oversight of food safety,
10. Restructuring the approach to surface transportation,
11. Retirement of the Space Shuttle,
12. Ensuring an effective transition to digital TV, and
13. Rebuilding military readiness.

The next Congress and the Obama administration will need to deal with many other important issues well beyond the transition period. For a list of the issues GAO will be examining in detail as part of reports to be issued in 2009, please see "Upcoming Reports on Major National Issues."

I actually seldom take the time to look out the window, but here is this morning's view of Elliott Bay (nearly brown) from the run-off from the Duwamish River.

In an unusually blunt letter, a group of federal scientists is complaining to the Obama transition team of widespread managerial misconduct in a division of the Food and Drug Administration.

"The purpose of this letter is to inform you that the scientific review process for medical devices at the FDA has been corrupted and distorted by current FDA managers, thereby placing the American people at risk," said the letter, dated Wednesday and written on the agency's Center for Devices and Radiological Health letterhead.

The center is responsible for medical devices ranging from stents and breast implants to MRIs and other imaging machinery. The concerns of the nine scientists who wrote to the transition team echo some of the complaints from the FDA's drug review division a few years ago during the safety debacle involving the painkiller Vioxx.

The FDA declined to publicly respond to the letter, but said it is working to address the concerns.
In their letter the FDA dissidents alleged that agency managers use intimidation to squelch scientific debate, leading to the approval of medical devices whose effectiveness is questionable and which may not be entirely safe.

"Managers with incompatible, discordant and irrelevant scientific and clinical expertise in devices...have ignored serious safety and effectiveness concerns of FDA experts," the letter said. "Managers have ordered, intimidated and coerced FDA experts to modify scientific evaluations, conclusions and recommendations in violation of the laws, rules and regulations, and to accept clinical and technical data that is not scientifically valid."

A copy of the letter, with the names of the scientists redacted, was provided to The Associated Press by a congressional official.

"Currently, there is an atmosphere at FDA in which the honest employee fears the dishonest employee, and not the other way around," the scientists wrote.

FDA spokeswoman Judy Leon said in response: "We have been working very closely with members of the transition team and any concerns or questions they have on any issue, we will address directly with the team. Separately, the agency is actively engaged in a process to explore the staff members' concerns and take appropriate action."

Senior Democratic and Republican lawmakers are urging Obama to appoint a commissioner who will shake up the FDA and restore the confidence of its working-level scientists and medical experts. But industry officials fear that approval of new drugs and devices could be delayed by endless scientific disputes — which is the agency's reputation.

The FDA dissidents have previously taken their concerns to Congress and found support from lawmakers in the House.

In the letter the group singled out mammography computer-aided detection devices as an example of a technology that should not have gone forward. The devices were supposed to improve breast cancer detection, but instead studies showed they were associated with false alarms that led to unnecessary breast biopsies.

Since 2006, FDA experts have recommended five times against approving the devices without better clinical evidence, the letter said. In March of last year, a panel of outside advisers supported some of the concerns of the FDA's in-house scientists. Nonetheless, FDA managers overruled the objections and ordered approval.

Top FDA managers "committed the most outrageous misconduct by ordering, coercing and intimidating FDA physicians and scientists to recommend approval, and then retaliating when the physicians and scientists refused to go along," the letter said.

A spokeswoman said the Obama transition team had no comment.

We have work to do.

News Release

The Minnesota Departments of Agriculture and Health today announced that laboratory analyses have confirmed a genetic match between the strains of Salmonella bacteria found in a container of King Nut brand creamy peanut butter and the strains of bacteria associated with 30 illnesses in Minnesota and nearly 400 illnesses around the country.

MDA lab tests conducted last week discovered Salmonella bacteria in a 5-pound package of King Nut peanut butter collected from a long-term care facility associated with one of the reported illnesses. The Minnesota Department of Agriculture (MDA) and the Minnesota Department of Health (MDH) issued a product advisory on Friday alerting institutions that may have received the product. MDA and MDH scientists performed additional testing this weekend to verify the connection between the contaminated product and the illnesses.

State officials initially discovered the contaminated product through product testing conducted after MDH epidemiological evidence and an investigation by MDA’s Rapid Response Team implicated King Nut creamy peanut butter as a likely source of Salmonella infections in Minnesota residents. In the product advisory issued Friday, state officials urged establishments who may have the product on hand to avoid serving it, pending further instructions as the investigation progresses.

Eating food contaminated with Salmonella can result in abdominal cramping, diarrhea, and fever. Anyone who believes they may have become ill as a result of eating this product or foods made with this product should contact their health care provider.

King Nut peanut butter is produced by Peanut Corporation of America, of Lynchburg, Va., and is distributed nationally by Ohio-based King Nut Companies. The product was distributed in Minnesota to establishments such as long-term care facilities, hospitals, schools, universities, restaurants, delis, cafeterias and bakeries. King Nut Companies reports that the product is not distributed for retail sale to consumers, and has voluntarily withdrawn the product from distribution.

Minnesota Department of Health announces late Friday that the have linked thirty illnesses ( and a death) to the consumption of King Nut Peanut Butter (and Parnell's Pride?).  There is nothing on the CDC website or other State Health Department sites naming names - yet. On Saturday King Nut and the FDA jointly release a recall notification, but King Nut blames the Peanut Corporation of America (PCA) for its problem. PCA’s lawyers write a press release that tries to deny as much as possible.

So, what is next? Here are a few ideas (not in any particular order) that the companies involved and the government should do Monday morning:

1.  Make sure ALL product is promptly recalled;

2.  Do not destroy any documents;

3.  The companies should pay the medical bills and all related expenses of the innocent victims and their families;

4.  The companies should pay the cost of all related Health Department, CDC and FDA investigations;

5.  Provide all bacterial and viral testing of all recalled product and any other tested product (before and after recall);

6.  Release all inspection reports on the plants by any Governmental Entity or Third-party Auditor;

7.  Release all Salmonella safety precautions taken by either King Nut or Peanut Corporation of America - especially after the 2007 Salmonella Peanut Butter Outbreak;

8.  Provide the public with the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak; and,

9.  Show the public what is being done to prevent the next outbreak.

Taking these steps will go a long way in convincing us that food safety and consumer confidence is of primary importance both to the companies and the government.

We always expect some politician to solve our food safety problems.  Or if we simply better organize the agency's' problems, they will fade away.  It will not happen. 

Andy Martin of the New York Times and I talked about his article "Looking to Obama to Bring Logic to Food Safety"  I think he wanted to write yet another article about moving towards a single food safety agency.  As he wrote:

For reasons that defy logic, the nation’s food safety functions are split. The Agriculture Department inspects about 20 percent of the food supply (meat and poultry), and the Food and Drug Administration is responsible for almost everything else. And yet the Agriculture Department receives a majority of federal food safety dollars.

The division of labor creates internal squabbling and some bizarre situations. Frozen cheese pizzas are inspected by the F.D.A., pepperoni pizzas by the Agriculture Department. Fresh eggs are under the jurisdiction of the F.D.A.; egg products go to Agriculture.

That this makes no sense is no secret. It’s why Senator Richard J. Durbin, Democrat of Illinois, and Representative Rosa DeLauro, Democrat of Connecticut, have raised again and again the idea of creating a single food agency — so far, though, to no avail.

In 1999, the Government Accountability Office (then called the General Accounting Office) issued a report called “U.S. Needs a Single Agency to Administer a Unified, Risk-Based Inspection System.”

Or, likely a better frist step - as I said:

Bill Marler, a personal-injury lawyer in Seattle who represents clients in food poisoning cases, says the first thing the Obama administration should do is invest in better surveillance for food-borne illness, like a system that Minnesota uses. “If you are able to figure out food-borne illnesses quicker,” Mr. Marler said, “you are able to prevent people from getting sick and save lives.”

From my view, you need food safety successes - where consumers, producers, suppliers and retailers are committed to safe, nutritious, sustainable and regional food.  But, before we get there we need to be able to track bacterial and viral illnesses (intentionally or negligently caused).  If we catch outbreaks early, and learn how they happened, we can make our food supply safer.  And, that is a very good idea indeed.

From the Pages of Washington State University VetMed Department:

Salmonella Typhimurium is more cosmopolitan, commonly infecting a wide range of animal species worldwide. Of the 19,483 salmonella isolates obtained from agricultural animals in the United States that were submitted to the USDA for typing during a recent year, 23% were Salmonella Typhimurium, the most common serovar. During that year, Salmonella Typhimurium was the most frequently identified serovar submitted to the USDA from clinical cases in cattle, horses and pigs and was the fourth and sixth most common serovar isolated from turkeys and chickens respectively. Of the 82 different serovars submitted from clinical cases in cattle that year, it comprised fully 60% of the 2,050 submissions.

A similar serovar pattern exists in humans. Of the 9,787 human foodborne infections detected in the seven states covered by the CDC FoodNet surveillance system in 1998, 29% were due to Salmonella serovars. Salmonella was the second most frequent species, the first being Campylobacter, comprising 41% of the isolates. Of these Salmonella isolates that were serotyped 30% were Salmonella Typhimurium, the most common serovar found.

Of note is that the largest known foodborne Salmonella outbreak in the U.S. was due to Salmonella Typhimurium and that the food involved was pasteurized milk contaminated by an in-plant failure post-pasteurization.

It it doubtful that many large animals are wandering though the manufacturing facility, or that they are mixing in raw milk.  Someting more likely was found in The New England Journal of Medicine where it concluded that rodents probably are a source of human Salmonella Typhimurium infection.  Birds have also been found to be a vector.  My bet is that the source of the Salmonella will be either rat or bird poop.

So, Minnesota's "Team Diarrhea" announced yesterday that they figured out that is was 5lb buckets of King Nut Peanut Butter which was causing its 30 citizens to get sick with the exact same genetic Salmonella Typhimurium which is sickening the other 369 in the rest of the country.  However, I see no mention below from CDC as to the source of the illnesses.  And, FDA, and King Nut for that matter, are silent on if a recall is coming.  Given that this 5lb bucket of Salmonella, errr, Peanut Butter, is likely still in institutional settings, and people are still getting sick, a recall is in order. 

What are we waiting for?  Is "Team Diarrhea" wrong?  Is it some other product that sickening us?  Just a guess, but I would bet that the CDC, FDA and other State's Health Departments have a "tomato/pepper hangover."  Are they worried more about pointing the finger at King Nut (Minnesota did not seem to mind), or more worried about public safety?  I suppose time will tell.

Investigation of Outbreak of Infections Caused by Salmonella Typhimurium 2008-2009

Persons Infected with the Outbreak Strain of Salmonella Typhimurium, United States, by State, September 1, 2008 to January 9, 2009

CDC is collaborating with public health officials in many states, the United States Department of Agriculture (USDA) - Food Safety and Inspection Service (FSIS), and the U.S. Food and Drug Administration (FDA) to investigate an ongoing multistate outbreak of human infections due to Salmonella serotype Typhimurium.

As of Friday, January 9, 2009, 399 persons infected with the outbreak strains of Salmonella Typhimurium have been reported from 42 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (8), Arkansas (3), California (55), Colorado (9), Connecticut (6), Georgia (5), Hawaii (1), Idaho (10), Illinois (4), Indiana (3), Iowa (1), Kansas (2), Kentucky (3), Maine (3), Maryland (7), Massachusetts (39), Michigan (20), Minnesota (30), Missouri (8), Nebraska (1), New Hampshire (10), New Jersey (13), New York (12), Nevada (6), North Carolina (1), North Dakota (10), Ohio (53), Oklahoma (2), Oregon (5), Pennsylvania (12), Rhode Island (3), South Dakota (2), Tennessee (9), Texas (5), Utah (3), Vermont (4), Virginia (12),Washington (11), West Virginia (2), Wisconsin (3), and Wyoming (2). Among the 380 persons with dates available, illnesses began between September 3 and December 31, 2008, with most illnesses beginning after October 1, 2008. Patients range in age from <1 to 98 years; 49% are female. Among persons with available information, 18% were hospitalized.

CDC and its public health partners are vigorously working to identify the specific contaminated product, probably a food or foods, that is causing this outbreak. Outbreaks from a widely distributed contaminated product may cause illnesses across the United States, and the identity of the contaminated product is often not readily apparent.

In outbreaks like this one, identification of the contaminated product requires conducting detailed standardized interviews with persons who were ill and with non-ill members of the public ("controls") to compare foods they recently ate and other exposures. Using statistical methods, the contaminated item is identified as one to which significantly more ill persons than controls were exposed. This statistically-based method of identifying contaminated products is often supplemented by laboratory testing of suspect products. The investigation is labor intensive and typically takes weeks. It is not always successful. As soon as a source is identified, if there is evidence of ongoing risk, public health officials advise the public to avoid it, and conduct recalls when appropriate.

The source of the outbreak of Salmonella Typhimurium that has sickened at least 400 and may have contributed to one death has been identified in Minnesota as King Nut peanut butter. Peanut butter tainted with the genetic fingerprint matching the outbreak was tested by the Minnesota Health Department. The product is suspected as the source of the nation-wide illnesses, which began showing up in September 2008 and have been documented in 42 states.

“The signs started pointing to something like peanut butter with a longer shelf-life” said foodborne illness attorney Bill Marler. “It started to look a lot like the pattern that emerged in the 2006 outbreak.”
Marler’s firm, Marler Clark, handled the cases of many of the compensated victims of the 2006 Peter Pan/Great Value outbreak, which was traced to a Georgia plant owned by ConAgra.

“In that outbreak as well, we saw illnesses in many states over a long period of time,” continued Marler. “But I’m as surprised as the next guy that we’re seeing this again.”

Salmonella is a bacterium that causes one of the most common intestinal illnesses in the US: salmonellosis infection. It can be present in uncooked or undercooked meat, poultry, eggs, or unpasteurized dairy products, as well as other foods contaminated during harvest, production, or packaging.

More information is available at www.about-salmonella.com.

From the pages of efoodalert - Based on information posted by the three states, and on media reports across the United States, the following 29 states have reported confirmed cases of Salmonella Typhimurium that are linked genetically to the national outbreak.

Arkansas: 3 cases
Arizona: 8 cases
California: 53 cases in 10 counties; 15 or more victims hospitalized
Colorado: 9 cases; 1 victim hospitalized
Connecticut: 6 cases
Georgia: 5 cases; 1 victim hospitalized
Iowa: 1 case
Idaho: 10 cases
Illinois: 4 cases
Maine: 2 cases
Massachusetts: 39 cases
Maryland: 7 cases
Michigan: 20 cases in 13 counties; 7 victims hospitalized
Minnesota: 30 cases; 11 victims hospitalized and 1 possible death
Missouri: 8 cases; 4 victims hospitalized
North Carolina: 1 case
North Dakota: 7 cases
New Hampshire: 10 cases
Nevada: 1 or more cases (state declined to release information on number of cases)
New Jersey: 13 cases (unclear whether suspect or confirmed)
New York: 1 or more cases on Long Island
Ohio: 50 cases
Pennsylvania: 12 cases in 10 counties
Rhode Island: 3 cases
Tennessee: 9 cases; 1 or more victims hospitalized
Texas: 5 cases
Vermont: 3 cases
Virginia: 12 cases; 7 victims hospitalized
Wisconsin: 3 cases

These 29 states account for 335 of the 389 cases of Salmonella Typhimurium infection, assuming that the New Jersey cases have been confirmed.

My 16-year-old daughter Morgan traveled to Thailand last summer and took several photos that she has now won awards for.  Here are three of my favorites:

And a local one:

The nationwide salmonella outbreak may have killed a person in Minnesota.  A health department spokesman in Minnesota says an elderly woman had the infection when she died, but it's not clear that salmonella was the cause.

The U.S. Centers for Disease Control and Prevention says the outbreak has struck 42 states and made nearly 400 people ill.  The CDC has not yet released the list of states or determined which foods may have caused people to become sick (expected in the next few hours).  However, health officials in Illinois, North Dakota, Ohio, Georgia, Minnesota and California have confirmed cases. Ohio and California reported the most, with 51 cases each.

CDC is collaborating with public health officials in many states, the United States Department of Agriculture (USDA) - Food Safety and Inspection Service (FSIS), and the U.S. Food and Drug Administration (FDA) to investigate an ongoing multistate outbreak of human infections due to Salmonella serotype Typhimurium.

As of Wednesday, January 7, 2009, 388 persons infected with the outbreak strains of Salmonella Typhimurium have been reported from 42 states. Among the 372 persons with dates available, illnesses began between September 3 and December 29, 2008, with most illnesses beginning after October 1, 2008. Patients range in age from <1 to 103 years; 48% are female. Among persons with available information,18% were hospitalized.
Investigation

CDC and its public health partners are vigorously working to identify the specific contaminated product, probably a food or foods, that is causing this outbreak. Outbreaks from a widely distributed contaminated product may cause illnesses across the United States, and the identity of the contaminated product is often not readily apparent.

In outbreaks like this one, identification of the contaminated product requires conducting detailed standardized interviews with persons who were ill and with non-ill members of the public ("controls") to compare foods they recently ate and other exposures. Using statistical methods, the contaminated item is identified as one to which significantly more ill persons than controls were exposed. This statistically-based method of identifying contaminated products is often supplemented by laboratory testing of suspect products. The investigation is labor intensive and typically takes weeks. It is not always successful. As soon as a source is identified, if there is evidence of ongoing risk, public health officials advise the public to avoid it, and conduct recalls when appropriate.
Clinical features

Most persons infected with Salmonella develop diarrhea, fever, and abdominal cramps 12 to 72 hours after infection. Infection is usually diagnosed by culture of a stool sample. The illness usually lasts 4 to 7 days. Although most people recover without treatment, severe infections may occur. Infants, elderly persons, and those with impaired immune systems are more likely than others to develop severe illness. When severe infection occurs, Salmonella may spread from the intestines to the bloodstream and then to other body sites and can cause death unless the person is treated promptly with antibiotics.

Now, that is a mouthful. It is a cold and rainy day in Seattle and I had some time to catch up on some of my reading and stumbled upon FSIS notice 05-09.  What was most fascinating was the honesty:

I. PURPOSE

E. coli O157:H7 is hazard that establishments that receive, grind, or otherwise process raw beef products need to address in their hazard analysis. FSIS is issuing this notice because the rate at which it is finding E. coli O157:H7 in product, and the recent recalls because of the pathogen’s presence, evidence that the measures employed by a number of establishments to address E. coli O157:H7 are inadequate.

However, what is most concerning is the acceptance that there is little to be done by inspection:

II. INADEQUATE MEASURES TO ADDRESS E. coli O157:H7

An establishment that receives, grinds, or otherwise processes raw beef products cannot conclude that E. coli O157:H7 is not reasonably likely to occur in its production process because the product it receives bears the mark of inspection. The mark of inspection is a reflection of a finding made by FSIS personnel that the establishment has followed the validated procedures in its HACCP plan, not that the pathogen has been eliminated or reduced to undetectable levels.

OK, so here is a thought – don’t you think that all food should not have material (shit) in it that can sicken or poison you?   Why don’t we simply use the language of the Federal Meat Inspection Act and say, if a meat product has something in it that can sicken or kill you it is adulterated? See below:

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND MISBRANDING

§601. Definitions….

As used in this chapter, except as otherwise specified, the following terms shall have the meanings stated below: …

(m) The term ''adulterated'' shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:

(1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of; …

(3) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;

(4) if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; …

(6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; …

So, let’s keep it simple.  Our food should not have shit in it.

Patrick Cudahy, a Cudahy, Wisc., firm, is recalling approximately 3,590 pounds of bacon bit products that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

The following products are subject to recall:

* 10-pound cases of "Golden Crisp APPLEWOOD SMOKED PRECOOKED BACON TOPPINGS." The products bear the establishment number "EST. 28" inside the USDA mark of inspection as well as a printed Julian date of "8318."

* 10-pound cases of "John Morrell APPLEWOOD SMOKED PRECOOKED BACON TOPPINGS." The products bear the establishment number "EST. 28" inside the USDA mark of inspection as well as a printed Julian date of "8318."

The bacon bit products were produced on Nov. 13, 2008, and distributed to restaurant and institutional establishments in California, Colorado, Florida, South Dakota, Texas and Wisconsin.

In somewhat of a surprise, but brilliant appointment, Obama has tapped Sanjay Gupta as U.S. Surgeon General.  When I was “hangin’ with Sajay” during the filming of “Danger-Poisoned Food,”  I was impressed with his smarts, savvy and good sense of humor - all qualities that he can well use in dealing with the “Body America.”

Between snowstorms here in Seattle, I worked on my presentation to the GMA Food Claims and Litigation Conference - Palm Springs in February sounds very nice.

Foreign Press announced today that Chinese police detained the father of a child sickened by tainted milk apparently to prevent him and other parents from holding a news conference to complain that proposed compensation for their ill children is too low, a lawyer said Friday.  The news conference, scheduled for Friday, was called off after organizer Zhao Lianhai was picked up Thursday, said Li Fangping, a lawyer for some of the parents. He said Zhao was being held at a Beijing hotel.  "The purpose was to prevent the parents from holding a news conference," Li said, adding that 10 parents had planned to participate.  The parents "said the compensation was unilaterally set by the companies with no participation from victims' families," Li said. "They thought the amount of compensation was quite low."  Under the plan, families whose children died would receive 200,000 yuan ($29,000), while others would receive 30,000 yuan ($4,380) for serious cases of kidney stones and 2,000 yuan ($290) for less severe cases, according to state media.  Another 200 million yuan ($29 million) would go to a fund to cover bills for lingering health problems.