Marler Blog - Providing commentary on food poisoning outbreaks & litigation

I was reading the CDC’s MMWR article – “Outbreak of Shiga Toxin--Producing Escherichia coli O157 Infection Associated with a Day Camp Petting Zoo --- Pinellas County, Florida, May--June 2007” and it struck me how humans seem nearly incapable of learning for the past. We have been tracking this ongoing problem for years now and built www.fair-safety.com as a resource for the Fair and Petting Zoo Industry. But, they seem to be slow learners.

According to the CDC, during 1991--2005, the CDC received reports of 32 outbreaks of E. coli O157:H7 that were associated with animals in public settings. Among these, venues in certain outbreaks were not in compliance with NASPHV guidelines, with reported inadequate handwashing facilities, permitted consumption of food or drink in animal areas, unsupervised handwashing, and no signage. During 2006--2008, five E. coli O157:H7 outbreaks related to animal settings were reported (CDC, unpublished data, 2009). NASPHV guidelines include recommendations on handwashing, venue design, animal care and management, risk communication, and oversight needed for animals in public settings.

The article was reported by: KA Alelis, MPH, PE Borkowski, Pinellas County Health Dept; P Fiorella, PhD, J Nasir, J Middaugh, MD, C Blackmore, DVM, Florida Dept of Health. J Keen, DVM, US Dept of Agriculture and Univ of Nebraska. This report is based, in part, on contributions by C Minor, Florida Dept of Health; T Holt, DVM, W Jeter, DVM, J Crews, DVM, and J Carter, Florida Dept of Agriculture and Consumer Svcs.

References

1. CDC. Compendium of measures to prevent disease associated with animals in public settings, 2007: National Association of State Public Health Veterinarians, Inc. (NASPHV). MMWR 2007;56(No. RR-5).
2. Mead PS, Slutsker L, Dietz V, et al. Food-related illness and death in the United States. Emerg Infect Dis 1999;5:607--25.
3. Su C, Brandt LJ. Escherichia coli O157:H7 infection in humans. Ann Intern Med 1995;123:698--714.
4. Keen JE, Elder RO. Isolation of Shiga-toxigenic Escherichia coli O157 from the surfaces and the oral cavity of finished beef feedlot cattle. J Am Vet Med Assoc 2002;220:756--63.
5. CDC. Outbreaks of Escherichia coli O157:H7 associated with petting zoos---North Carolina, Florida, and Arizona, 2004 and 2005. MMWR 2005;54:1277--80.
6. Steinmuller N, Demma L, Bender JB, Eidson M, Angulo FJ. Outbreaks of enteric disease associated with animal contact: not just a foodborne problem anymore. Clin Infect Dis 2006;43:1596--602.
7. CDC. Outbreaks of Escherichia coli O157:H7 infections among children associated with farm visits---Pennsylvania and Washington, 2000. MMWR 2001;50:293--7.
8. Crump JA, Sulka AC, Langer AJ, et al. An outbreak of Escherichia coli O157:H7 infections among visitors to a dairy farm. N Engl J Med 2002;347:555--60.

We still have pending litigation against the State of North Carolina steming from a petting zoo E. coli O157:H7 outbreak in 2004 were several children suffered acute kidney failure caused by Hemolytic Uremic Syndrome.

Ruby would have liked to have been there too.  Her daughter, son-in-law and grandchildren stood up for Ruby by suing the companies whose E. coli O157:H7 product took her life long before her time.  This is yet another video of another victim of the "safest food supply in the world."

New Hampshire state health officials say a mixer used to make pudding was the source of salmonella that sickened children at a camp in Madison this month.  The Stone Environmental Camp voluntarily closed last week, and is looking forward to reopening, now that the source has been identified.

Health investigators determined that pudding served to the campers was contaminated.  Although the mixer is supposed to be sanitized after each use, a possible defect may have allowed bacteria to get to an area where it couldn't be cleaned out.

The state confirmed 15 salmonella cases among more than 120 children and adults who reported getting sick. The state said some could have had mild forms of infection also related to the mixer.

We will be filing yet another lawsuit stemming from a multi-state outbreak of Salmonella-tainted sprouts was filed today in the Tenth District Court for Sarpy County, Nebraska. Bellevue resident Daniel Krim, one of 121 people sickened in the February-March 2009 outbreak.

The lawsuit was filed against CW sprouts, the Nebraska firm whose Sunsprout brand of raw sprouts was distributed to retail customers, including grocery stores and restaurants. Also named in the lawsuit is John Doe Corporation, the yet-to-be identified company that cultivated and distributed the seeds used to grow the tainted sprouts.

Daniel Krim purchased a sandwich containing the defendant’s sprouts at a LaVista Jimmy John’s restaurant in February, and fell ill the next day with flu-like symptoms including fever, nausea, abdominal cramps, and diarrhea. His symptoms continued to worsen, causing him to seek emergency medical care. He was treated for dehydration and gave a stool sample that later revealed that he was infected with the outbreak strain of Salmonella saintpaul. Mr. Krim missed more than a week of work due to his illness, and lost over ten pounds.

The CDC has opened an investigation into a new Salmonella saintpaul outbreak tied to sprouts, which to date has sickened 35 people in six states: Michigan, Minnesota, Ohio, Pennsylvania, South Dakota, Utah, and West Virginia. According to preliminary testing, the new outbreak appears to be an extension of the February-March outbreak in Nebraska, Iowa, South Dakota, Minnesota, and Kansas that sickened Daniel Krim.

CDC is collaborating with public health officials in many states and the United States Food and Drug Administration (FDA) to investigate a multistate outbreak of human infections due to Salmonella serotype Saintpaul.

Since mid-March, 35 persons infected with the outbreak strain of Salmonella Saintpaul have been reported from 7 states. The number of ill persons identified in each state is as follows: Michigan (17), Minnesota (4), Ohio (3), Pennsylvania (6), South Dakota (2), Utah (1), and West Virginia (2). Cases are still being reported, and possible cases are in various stages of laboratory testing, so illnesses may be reported from other states. No deaths have been reported

State and local authorities, CDC, and FDA have linked this outbreak to eating alfalfa sprouts. Most of those who became ill reported eating raw alfalfa sprouts. Some reported eating sprouts at restaurants; others purchased sprouts at the retail level.

The initial investigation has traced the contaminated raw alfalfa sprouts to multiple sprout growers in multiple states. This suggests a problem with the seeds used, as well as the possible failure of the sprout growers involved to appropriately and consistently follow the FDA Sprout Guidance issued in 1999 http://www.cfsan.fda.gov/~dms/sprougd1.html. The guidance recommends an effective seed disinfection treatment immediately before the start of sprouting (such as treating seeds in a 20,000 parts per million calcium hypochlorite solution with agitation for 15 minutes) and regularly testing the water used for every batch of sprouts for Salmonella and E coli O157:H7.

This outbreak appears to be an extension of an earlier outbreak in 2009. In February and March, an outbreak of Salmonella Saintpaul infections occurred in Nebraska, South Dakota, Iowa, Kansas, and Minnesota. This outbreak was linked to raw alfalfa sprouts produced at a single facility, and the outbreak strain was indistinguishable from that of the more recently reported cases. CDC is also currently working with public health officials in several states and FDA to investigate an outbreak of Listeria monocytogenes infections linked with eating alfalfa sprouts.

Most persons infected with Salmonella develop diarrhea, fever, and abdominal cramps 12–72 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.

Advice for consumers

* Do not eat raw alfalfa sprouts, including sprout blends containing alfalfa sprouts, until further notice. This warning is only for alfalfa sprouts, not other types of sprouts .
* Persons who think they may have become ill from eating raw alfalfa sprouts are advised to consult their health care providers.

REMINDER for high risk populations: CDC and FDA recommend at all times that persons at high risk for complications from Salmonella infection, such as the elderly, young children, and those with compromised immune systems, not eat raw sprouts. For such persons who continue to eat sprouts, FDA recommends cooking them (U.S. Food and Drug Administration, 2002 consumer advisory, available at http://www.cfsan.fda.gov/~lrd/tpsprout.html).

The campaign for Student Body President is in full swing at Bainbridge Island High School.  If elected, Morgan will be one of the first female presidents.  I'll post on the election outcome.

Ben Chapman, over at Bites, published a very complete list of Sprout Outbreaks Since 1990.

Since 1990, raw or slightly cooked sprouts have caused an estimated 2,166 illnesses, through 33 outbreaks (actually - 37 outbreaks, 2,273 illnesses). The U.S. Food and Drug Administration estimates that sprout-link outbreaks account for 40 per cent of all food-borne illness associated with produce.

Year      Type      Pathogen      Cases      Location

As one reporter I spoke to last week noted:

The Facts:

The law firm of Marler and Clark has represented victims from every major food borne illness since 1993. Marler has fought for the rights of victims of food-borne illnesses for more than 16 years now and says in that time he has seen no laws tightened to protect consumers.

My Quotes:

Lawyer says Plainview plant may not be at fault

"What some people don’t understand is the ripple effect this kind of thing can cause," Marler said. "Some 50-60 people here lose their jobs, the corporation goes bankrupt, there are other companies that go bankrupt due to the cost of the product recall, more people lose their jobs . . . . You add it up and that is some major money being lost, not to mention the human cost of people getting sick and dying."

Peanut Victims' Lawyers Visit Blakely Plant

"It really is a failure of not only this company, but also of government oversight,” said Bill Marler. “It's a failure of the peanut association to pay attention to all of its members and a failure on the part of consumers to hold their government accountable."

"125 people are out of a job, that the peanut industry is losing half a billion dollars from just one company when the last time the FDA was here was in 2001. I think most tax payers would think spending more on the FDA could have saved a lot of problems, 9 people wouldn't have died, 700 people wouldn't have been sickened and 125 people wouldn't be out of a job," Marler says.

"It's interesting that the president seems to be interested, he talked about his daughter eating peanut butter and hopefully that will loosen up money."

My Opinion:

I was able to tour the Peanut Corporation of America plants in Blakely, Georgia and Plainview, Texas this week. I saw mice, cockroaches, and leaking roofs – all bad signs in a food production plant. But those weren’t the only bad signs. I also saw two small towns, already struggling in this economy, that have lost steady incomes for the more than 100 people who used to work at the plants; incomes their families – and the towns – depended on. I saw seemingly endless fields lying fallow that should be full of peanuts, crops that would have supported unknown numbers of farmers and other businesses all along the line of distribution, and the communities they live in.

It’s my job to focus on the people who were sickened in this outbreak – the 691 (confirmed) ill, the 160 hospitalized, and the nine families who lost loved ones. But the victims of this outbreak are everywhere. Certainly in these two towns, which have lost valuable jobs, perhaps forever. But with more than 4,800 products recalled, millions of dollars in costs all have the same ripple-out effect – the businesses suffer, then the employees suffer, then the communities suffer. We all feel the effects. And. It. Has. To. Stop.

It’s ridiculous to point at the Peanut Corporation of America and say, “it was all their fault”, and go back to business as usual. Oh, PCA carries plenty of blame; I’ll be the first to say. They ran a shoddy factory and made inexcusable decisions which caused incalculable loss and suffering. And they will pay for it. But they are not alone in this. Bad actors can only flourish in a broken system, where the loopholes are truck-sized and regulation thin. We went through this two years ago with the Peter Pan/Great Value peanut butter outbreak, and we all thought it would never happen again at that scale – and we were wrong. It will happen again - and again - unless industry, government, and business interests grow collective backbones and put an end to it.

I sat for a few hours in the Atlanta airport last night during a thunder storm so had some time to finish up my PowerPoint for my speech in a few weeks in London before the Royal Society for Public Health.  Here is the PowerPoint - there will be two added videos - which one to use?:

Product Liability in England & Wales

Press coverage for Georgia Trip:

Lawyer To Tour Georgia Plant Linked To Salmonella

News Now Update: Tour of Salmonella Tainted Peanut Plant

Peanut Victims' Lawyers Visit Blakely Plant

PCA plant conditions 'disturbing'

Attorney: Mice, leaky roof found at Georgia nut plant

I finally made it into the Blakely, Georgia Peanut Corporation of America plant.  Despite being scrubbed a bit in the last few months, we still found mice and cockroaches in the plant with several spots where the roof had been clearly leaking.  Really little question that any company purchasing product from this plant should have been on notice of the risks had they ever taken the time for a quick visit.  There was no lights nor air-conditioning in the plant (someone did not pay the bills I guess).  I did find the below letter sitting in the fax machine in the office.  Guess it came just before "the lights went out in Georgia."  As Mr. King's request I have taken the letter off line.

After being in Plainview and Blakely, where over 100 people lost their jobs, after seeing untilled peanut fields as I drove across South Georgia, I wonder were the hell the Peanut Association and the Georgia Department of Agriculture was in the years after the 2007 ConAgra Peter Pan Peanut Butter outbreak?  What more could have been done to prevent 700 illnessses and nine deaths?  What more could have been done to prevent over $1B in losses by business?  Perhaps Stewart Parnell woud have told Larry King?

I had a great chat last week with Larry Smith - Each week Bulletproof Blog interviews top plaintiffs’ attorneys for their perspective on the crises likely to affect businesses in the near future. In this issue, we talk to Bill Marler of the Seattle-based Marler Clark, LLP PS. He is the legal profession’s best-known advocate for plaintiffs in food-related cases and a major force for food safety in the U.S. During his career, Mr. Marler has secured nearly $500 million for his clients. He publishes widely and speaks on food safety around the world.

How has this litigation changed and how do you see it changing again in the future?

Bill Marler: The growing danger for the industry is that problems are no longer cyclical. They are coming at us in rapid succession. To a great extent that is due to the expansion of the supply chain and the safety control problems that have resulted. The peanut butter crisis offers a stunning example: The Peanut Corporation of America (PCA) provided less than 1% of the nation’s product, yet cost the Peanut Industry and 200 companies between $1 billion and $1.5 billion as 4,500 items were recalled and people turned away from peanuts.

Industry economics are also problematic. Labor and other costs go up. Market pressures force retail prices down. So there’s less room for thorough product testing and other safety measures.

From 1993 (when I became involved in the Jack in the Box E. coli outbreak) to 2003, 95% of our work was E. coli linked to hamburger. The meat industry then imposed better safety standards and those cases disappeared. Now we’ve come full circle in a big way and E. coli incidents are skyrocketing. There were 186,000 pounds of meat recalled in 2006. In 2007 and 2008, that number increased to 44 million! It is an absolutely astonishing development that neither industry experts nor I can explain. It could be the great looming crisis even though the story may now be eclipsed by the other product recalls grabbing the headlines.

Are there specific products that you now have your eye on?

Bill Marler: It’s hard for anyone to predict the next crisis because we’re talking about ever-morphing pathogens. I have nothing but empathy for responsible companies challenged to somehow predict the next bacterium and where it’s going to strike. To cite just a couple of danger zones, pork products face increased risk of Methicillin-resistant Staphyloccus aureus (MRSA) bacteria and, as we effectively control salmonella, we create opportunites for Clostridium difficile (C-dif) bacteria to proliferate in our guts. It’s a deadly threat to the elderly.

How do you use the media for practice development and litigation support?

Bill Marler: Journalists know my personal brand and I believe they respect it, although they still don’t like to quote me openly because I’m perceived to be biased. But they do lean on me heavily for off-the-record guidance, which includes providing them with sources that they are comfortable quoting.

I take a high-volume approach to the Internet, posting as much information as possible as often as possible – information that is of direct value to my clients and useful for reporters.

To what extent are your relationships with third parties – public officials, interest groups, etc. – a part of your overall strategy?

Bill Marler: I’ll mention one area where such relationships may be important, especially as it pertains to a discussion of what’s next for the food industry…I often talk to people in power about criminalizing some actions – or inactions – by various parties along the food supply chain. In terms of deterrence, the civil justice system has its limits…So does simply shuttering miscreant companies.

You may well see increased support from diverse quarters for protecting the public by throwing more people in jail. I’ll be a member of that choir.

Well, made it from Seattle to Dallas to Lubbock to Plainview today. Had a great steak dinner at the “Rockin’ R Steak House.” They did not have a beer or wine list because they share a back door with their neighbor, the Baptist Church.  We parked across the street and had little fear of being hit by a car (or anything else) as we crossed the street.

According to Wikipedia, Plainview is located at 34°11′28″N 101°43′8″W / 34.19111°N 101.71889°W / 34.19111; -101.71889 (34.191204, -101.718806), a.k.a “out in the middle of nowhere.” From the 2000 census, there were 22,336 people, 7,626 households, and 5,666 families residing in the city. On February 11, 2009, the Texas Department of State Health Services ordered the cessation of operations and full recall of all products produced by a Plainview-based peanut processing facility owned by Peanut Corporation of America, following the discovery of "dead rodents, rodent excrement and bird feathers in the plant," and revelations that the plant had operated without state licensure or inspection. Notable natives:

* Lawrence McCutcheon, running back for the Los Angeles Rams from 1972-1979, the Denver Broncos & Seattle Seahawks in 1980 and the Buffalo Bills in 1981, was born in Plainview and played football for the Plainview Bulldogs.
* Singer, actor, and sausage entrepreneur Jimmy Dean, known for his sketches with Jim Henson's Muppet Rowlf the Dog, was born in Plainview.
* James H. Clark, technology entrepreneur and founder of Netscape and other companies, was born in Plainview.
* Dave Williamson, drummer for Scurge Records artist The Lifeless Design, is from Plainview.
* The general dentist Felix Conkling Crawford (1938-2007) practiced in Plainview and was a leading figure in both the Texas Dental Association and the American Dental Association. He was also a lobbyist for the ADA.
* Lindy Williams, the lead singer of Boxing Edna and owner of RaceDayOutfitters.com, is from Plainview.
* Horse trainer Carl Nafzger, who has won the Kentucky Derby twice, in 1990 with Unbridled and in 2007 with Street Sense, was born in Plainview. He also won the 1990 Breeder's Cup Classic with Unbridled.
* Former Hale County Judge Bill Hollars, sometimes called "Hang 'em High" Hollars.

Off to see the Peanut Corporation of America plant in the morning.

Clifford Tousignant, father, grandfather and decorated veteran of the Korean War, died in January, 2009, after eating Salmonella-contaminated peanut butter served in the nursing home where he lived in Brainard, MN. His family is filing suit against Kanan Enterprises, the makers of King Nut peanut butter. The complaint was filed Monday in US District Court, District of Minnesota.

“The tragedy of a lost family member is the worst and clearest example of why we need to reform our food safety system,” said Bill Marler, the family’s attorney. “This family lost precious years with their patriarch, because tainted food was shipped to our most vulnerable populations: the elderly, the sick, and children.”

King Nut peanut butter was distributed in 5-pound containers to nursing homes, schools, and hospitals. King Nut used peanut products manufactured by Peanut Corporation of America, whose Salmonella-contaminated products sickened almost seven hundred people and caused the deaths of nine, including Mr. Tousignant. Containers of King Nut tested positive for the strain of Salmonella associated with the nationwide outbreak.

Clifford Tousignant (video link) fell ill in late December 2008, after eating King Nut peanut butter served at the Woodland Good Samaritan Village nursing home. He had profuse diarrhea, which caused him to be hospitalized on New Year’s Eve. He remained in the hospital until January 4, 2009, and while there, tested positive for Salmonella. He returned to the nursing home, but continued to suffer diarrhea and had difficulty eating. He was rushed back to the hospital on January 11, but passed away on January 12 from sepsis following his Salmonella infection.

Marler Clark represents more than eighty victims of the Peanut Corporation of America Salmonella outbreak. The firm also represented the majority of victims of the ConAgra (Peter Pan/Great Value) peanut butter outbreak of 2006-2007.

As I said last week, I have the great honor to once again speak before the Royal Society for Public Health in London next month. My Power Point is due (two days ago), but I got a bit distracted by my twitter challenge and “kid stuff” over the weekend. I did, however, have time to read Dr. Hugh Pennington’s report on the 2005 E. coli O157:H7 Outbreak.  It is a through report and one that is applicable regardless on which side of "the pond" you are on.  It was also sad, but helpful, to have a human face on the one death that occurred in this outbreak - Mason Jones.

I talked with Katharhynn Heidelberg of the Montrose Daily Press about yet another raw milk outbreak:

Seattle attorney Bill Marler said that doesn’t mean raw milk is safe. Marler has represented several clients, or their survivors, in food-borne illness cases, even taking on Con-Agra.

“The amount of raw milk that is sold commercially is actually quite small and is unfortunately growing,” he said. “The number of illnesses and the frequency of illnesses, in my opinion, certainly indicates that it is a growing problem, not a shrinking one you can ignore.”

Colorado does not allow the commercial sale of raw milk. But a recent law allows for cow-shares, which Marler, speaking generally, said is being used to sidestep commercial-sale bans.

One of Marler’s clients, a formerly healthy 39-year-old Californian, developed a rare and progressively paralytic illness after drinking raw milk. Marler said she’s been rendered quadrupalegic and claims raw milk is to blame.

“A lot of times, raw milk groups have a tendency to say the health department is out for them, rather than that the health department is doing its job. That’s part of their marketing scheme, to feel like they’re being put upon,” Marler said.

“It’s not like I had a particular jag against raw milk, it’s just frankly another food that poisons people and the producers have to be as responsible as the corporations.”

Over the last several years we have seen multiple instances where Clostridium difficile and foodborne illness have been related. However, the Clostridium difficile infection has generally been associated with the foodborne illness after treatment for the infection by antibiotics, not as a result of actual ingestion of the Clostridium difficile bacteria. However, in the recent Salmonella Typhimurium Peanut Butter outbreak, we have two cases where children seem to be co-infected with both Clostridium difficile and Salmonella Typhimurium. Which begs the question – Is Clostridium difficile foodborne?

A little background first - Wikipedia reports that Clostridium difficile is a species of Gram-positive bacteria of the genus Clostridium. Clostridia are anaerobic, spore-forming rods (bacillus). C. difficile is the most serious cause of antibiotic-associated diarrhea (AAD) and can lead to pseudomembranous colitis, a severe infection of the colon, often resulting from eradication of the normal gut flora by antibiotics. The C. difficile bacteria, which naturally reside in the body, become overgrown: The overgrowth is harmful because the bacterium releases toxins that can cause bloating, constipation, and diarrhea with abdominal pain, which may become severe.

The CDC reports that mortality rates from Clostridium difficile disease in the United States increased from 5.7 per million population in 1999 to 23.7 per million in 2004. Increased rates may be due to emergence of a highly virulent strain of C. difficile.

Here are a few articles that I have found or have been sent on the topic. Clearly more research needs to be done.

Possible Seasonality of Clostridium difficile in Retail Meat, Canada

Rodriguez-Palacios A, Reid-Smith RJ, Staempfli HR, Diagnault D, Janecko N, Avery BP et al. Possible seasonality of Clostridium difficle in retail meat, Canada. Emerg Infect Dis. 2009 May

We previously reported Clostridium difficile in 20% of retail meat in Canada, which raised concerns about potential foodborne transmissibility. Here, we studied the genetic diversity of C. difficile in retail meats, using a broad Canadian sampling infrastructure and 3 culture methods. We found 6.1% prevalence and indications of possible seasonality (highest prevalence in winter).

Clostridium difficile in Retail Meat Products, USA, 2007

Songer JG, Trinh HT, Killgore GE, Thompson AD, McDonald LC, Limbago BM. Clostridium difficile in retail meat products, USA, 2007. Emerg Infect Dis. 2009 May

To determine the presence of Clostridium difficile, we sampled cooked and uncooked meat products sold in Tucson, Arizona. Forty-two percent contained toxigenic C. difficile strains (either ribotype 078/toxinotype V [73%] or 027/toxinotype III [NAP1 or NAP1-related; 27%]). These findings indicate that food products may play a role in interspecies C. difficile transmission.

Clostridium difficile in Ready-to-Eat Salads, Scotland

Bakri MM, Brown DJ, Butcher JP, Sutherland AD. Clostridium difficile in ready-to-eat salads, Scotland. Emerg Infect Dis. 2009 May

Of 40 ready-to-eat salads, 3 (7.5%) were positive for Clostridium difficile by PCR. Two isolates were PCR ribotype 017 (toxin A–, B+), and 1 was PCR ribotype 001. Isolates were susceptible to vancomycin and metronidazole but variably resistant to other antimicrobial drugs. Ready-to-eat salads may be potential sources for virulent C. difficile.

Click on below to watch video. 

FDA announced that Union International Food Co. is expanding a spice recall to include all Lian How brand and Uncle Chen brand sauces, oil and oil blends in various size packages because the products may be contaminated with salmonella, an organism that can cause serious and sometimes fatal infections, especially in young children, the elderly and those with weakened immune systems. The company had previously recalled Lian How brand and Uncle Chen brand dry spices.

California state health department officials say the salmonella outbreak has sickened 33 people throughout northern and central California, and nine others in Nevada, Oregon and Washington. No deaths have been reported. Officials say most of the people sickened appeared to have been exposed to salmonella while eating at Asian restaurants that used the company's spices.The company said salmonella was isolated from an open container of Lian How white pepper.

The Uncle Chen and Lian How brand products were distributed to retailers, wholesalers, distributors, restaurant suppliers and restaurants. Details: By phone at 510-471-6799; on the Web at http://www.ufunionfood.com.

The recall includes the following Lian How brand items:

Had a great chance to speak with Miriam Wolf of Culinate. Here is the interview:

In 1993, as a Seattle trial lawyer, he was hired to litigate against the fast-food restaurant chain Jack in the Box, whose E. coli-contaminated hamburgers had killed four children. Since then, he’s worked on nearly every major case of food-borne illness in the U.S., including the current salmonella-in-peanut-butter scandal.

Marler — who keeps a blog about food-safety issues — talked with Culinate recently about raw milk, locally grown food, and food-safety reform.

I have the great honor to once again speak before the Royal Society for Public Health in London next month.  It will be great to share the stage again with Hugh Pennington.  Professor Pennington just finished an extensive investigation into an E. coli O157:H7 outbreak that sickened many and killed a child.  I also look forward to speaking with Frank Yiannas of Wal-Mart.  I hope to give "the mother country" an overview of E. coli O157:H7 and other Shiga-toxin E. coli and their impacts on the food industry and consumers in the United States.

The evening before I will be speaking at the House of Lords.

How one Peanut Company caused $1.5 Billion in Losses: The story of PCA
Speech for House of Lords dinner, May 12, 2009
William D. Marler

The recall of Salmonella-tainted peanuts and peanut products processed and produced by the Peanut Corporation of America has caused one of the largest food recalls in US history; more than 3000 products made by hundreds of companies have been withdrawn, and the number is still growing.  The 700 culture-confirmed cases of Salmonella indicate a much higher number of unreported illnesses – the actual number is probably close to 25,000.  At least nine lost their lives.  Beyond this terrible human toll, the financial toll on businesses and the American food supply has been staggering.  The speaker, whose firm, Marler Clark, represents more than 100 of the victims of the outbreak, explains the complex web of corporate malfeasance, inspections, insurance, and bankruptcy that makes this story a page-turner.

Donna Roy was part of the 2006 Dole Spinach E. coli O157:H7 Outbreak. She developed Hemolytic Uremic Syndrome (HUS), which is a severe, life-threatening complication of an E. coli O157:H7 bacterial infection. It is now recognized as the most common cause of acute kidney failure in childhood in the United States. E. coli O157:H7 is responsible for over 90% of the cases of HUS that develop in North America. In fact, some researchers now believe that E. coli O157:H7 is the only cause of HUS in children.  However, it clearly impacts all of us - young and old. 

I spent part of the day working on the sad case of a Crescent City, California woman, Mrs. Tardiff, who contracted Campylobacter jejuni from consuming raw milk purchased at Alexandre Family EcoDairy Farms.  The farms stopped the sale of raw milk.  The Del Norte County Department of Public Health eventually linked at least 16 people who contracted Campylobacter jejuni.  Mrs. Tardiff suffered Guillain-Barré (ghee-yan bah-ray) syndrome (GBS) and remained in the hospital in intensive care, partially paralyzed (actually on a ventilator), for several months.  She is still partially paralyzed and is now undergoing intensive rehabilitation.

GBS is a disorder in which the body’s immune system attacks part of the peripheral nervous system. The peripheral nervous system includes the cranial nerves (except the optic [eye] nerve), the spinal nerves, and the autonomic nervous system that governs involuntary actions.  The central nervous system is the spinal cord and brain. GBS often occurs a few days or weeks after a person has had symptoms of a respiratory or gastrointestinal viral or bacterial infection; in fact, two-thirds of affected individuals have had a preceding infection.  Campylobacter jejuni, cytomegalovirus, Epstein-Barr virus, and Mycoplasma pneumoniae are commonly identified antecedent pathogens.

Interestingly, a friend suggested an article that GBS might well have been the cause of President Franklin Delano Roosevelt’s paralysis (no indication raw milk was involved).  Here is the abstract from Goldman AS, Schmalstieg EJ, Freeman DH Jr, Goldman DA, Schmalstieg FC Jr., J Med Biogr. 2003 Nov; 11(4): 232-40.  What was the cause of Franklin Delano Roosevelt's paralytic illness?

In 1921, when he was 39 years of age, Franklin Delano Roosevelt contracted an illness characterized by: fever; protracted symmetric, ascending paralysis; facial paralysis; bladder and bowel dysfunction; numbness; and dysaesthesia.  The symptoms gradually resolved except for paralysis of the lower extremities.  The diagnosis at the onset of the illness and thereafter was paralytic poliomyelitis.  Yet his age and many features of the illness are more consistent with a diagnosis of Guillain-Barré syndrome, an autoimmune polyneuritis.  The likelihoods (posterior probabilities) of poliomyelitis and Guillain-Barré syndrome were investigated by Bayesian analysis.  Posterior probabilities were calculated by multiplying the prior probability (disease incidence in Roosevelt's age group) by the symptom probability (likelihood of a symptom occurring in a disease).  Six of eight posterior probabilities strongly favored Guillain-Barré syndrome.

Got Milk?  Raw?

So, I get home from visiting my parents for Easter and I get this email from hugh.parnell@yahoo.com. The email came from Lynchburg Virginia - home of Falwell Ministries, Liberty University, Stewart Parnell and the Peanut Corporation of America:

You have got to be a money crazy son of a bitch, with a big mouth. People like you arn't (sic) interested in the problem. You are only trying to feather your own nest. I hope that some day that I can meet you. You have to be a real ass hole.... Hugh Parnell

I “googled” Hugh Parnell. My guess is this nice email came from Hugh Parnell Jr. (Stewart’s little brother). He was quoted in the Washington Post at the time that his brother’s business was linked to 700 illnesses and nine deaths:

Hugh Parnell Jr. said he has not worked for PCA for 10 years but continues to do business with the company as a peanut broker. He defended his brother as someone who "would never try to hurt anybody."

"It'd be like General Motors selling a car with no brakes," he said. "How are you going to benefit from that? You'd just hurt your company."

"He didn't want this," said Hugh Parnell Jr. "It's a nightmare."

A few weeks ago, I got an email from Hugh’s and Stewart’s mother. I posted her emails here – “It is good to be hated by some people.”  Seems like a lovely family.  Perhaps little brother should read the emails that the FBI seized in their ongoing criminal investigation of big brother.

Well, off to hunt Easter Eggs in the rain and snow.

Georgia

Texas

The picture speaks for itself.  I am not sure I ever recall a case where a product specifically said that it did not contain another company's product.  A friend did just send me the following photo stemming from the 2006 spinach E. coli outbreak:

Prompted by a post by the "Raw Milk Apologist," The Complete Patient - "When It Comes to Discussing Raw Milk Safety, It Helps to Appreciate the Behind-the-Scenes Agendas at Hand," I felt the need to give a bit of a counter-point to "the raw milk kills all ills" propaganda the spews from his keyboard.  Here are some hard facts - and recalls and illnesses related to raw milk:

Campylobacter Recall, California (Organic Pastures)

Campylobacter Outbreak, Colorado (Investigation ongoing)

Campylobacter Outbreak, Ferndale, Washington

Campylobacter Recall, Pennsylvania (Dean Farms)

Campylobacter Recall, Pennsylvania (Headricks dairy)

Listeria Outbreak, Washington

My friends at Barfblog (aptly named) produced this list of Raw Milk Outbreaks and Recalls - hopefully the above updates it.

Outbreak Statistics At a Glance

Source of Outbreak: Country Cottage Restaurant, Locust Grove, OK

Outbreak Organism: E. coli 0111:NM

Vehicle of Contamination: Unknown

Method of Spread: Foodborne transmission

Confirmed Outbreak Period: Aug. 15-24, 2008

Cases: 341

Hospitalizations: 70

Deaths: 1

The Oklahoma State Department of Health (OSDH) released its final report today on the investigation of the largest E. coli O111 outbreak ever documented in the United States. The outbreak, which occurred in late August 2008 in northeastern Oklahoma, sickened 341 people and resulted in one death.

The report detailed the agency’s extensive epidemiological investigation into the outbreak that included laboratory testing, personal interviews, and an in-depth environmental investigation. While the source of the outbreak – the Country Cottage restaurant in Locust Grove, OK, – was quickly identified, the vehicle for contamination was never found.

Laboratory analyses of specimens provided by those who became sick allowed the OSDH and the federal Centers for Disease Control and Prevention (CDC) to pinpoint E. coli 0111 as the bacterial organism responsible for persons’ illnesses. However, microbiological testing of food products and food preparation and serving surfaces in the restaurant, as well as testing symptomatic restaurant employees, samples from a private water well located on the property, water filters, and the Locust Grove municipal water supply, found no E. coli 0111. The OSDH released multiple situational updates during the investigation that reported no E. coli 0111 had been identified in its extensive testing process. Because the disease-causing organism was not found, the OSDH was unable to eliminate from consideration any of the potential vehicles for transmission of the bacteria into the restaurant, including well water. Even so, analysis of data collected during the investigation suggests there was ongoing foodborne transmission of E. coli O111 to restaurant customers from Aug. 15-24, 2008.

“What is important to remember is that when responding to an infectious disease outbreak, our primary objective is to rapidly identify the source of the infection to contain the outbreak and prevent any further spread,” said State Epidemiologist Dr. Kristy Bradley. “Within 48 hours of being notified of increased cases of persons with bloody diarrhea being admitted to Tulsa area hospitals, we identified the Country Cottagerestaurant as the common source of transmission. The restaurant closed voluntarily and the outbreak was contained.”

According to the CDC, only 10 outbreaks involving E. coli 0111 had been reported nationally prior to Oklahoma’s outbreak. The bacteria are from the family of Shiga toxin-producing E. coli bacteria, or STEC. Persons who ingest STEC may have a diarrheal illness ranging from very mild and non-bloody to severe with very bloody stools. The infectious dose is very small and STEC are often spread by ingesting food items contaminated with fecal matter that are not subsequently cooked. Person-to-person transmission, direct animal contact, and waterborne transmission, either from contaminated drinking water or recreational water, are other exposure routes.

State health officials said as of March 16, 2009, OSDH personnel have reported 6,481 hours of total accrued time and effort dedicated to the E. coli O111 outbreak investigation. This does not take into account the time and effort provided by Tulsa Health Department personnel, student volunteers, or medical staff at various hospitals and clinics who provided surveillance information.

According to News West Nine - This Easter Season it's not just about the colorful eggs, but the colorful chicks as well. The chicks are painted with dyes for nothing more but looks.

Many wonder if the chicks are safe to handle especially for young children? Dr. Medina of Midland Health Care Services says it could lead to salmonella disease through fecal and oral contact. "They put them in their mouth and they could be contaminated and get diseases from it. I would not recommend giving them as gifts," Dr. Medina said. For just $2 each you can get them in every color you can think of, but keep in mind when handling the chicks to wash your hands; it's the only way to keep you and your family safe.

Or, just don't buy them.

I was reading obamafoodorama's post on the "First Pooch" and it got me to thinking.  Could President Obama’s best known campaign promise endanger the well being of little Malia and Sasha?

Think about it: When President Obama sat down with Jay Leno a few weeks ago, he hinted he was about ready to fulfill his ever-so-popular promise to provide the White House, and those outrageously cute Little Obamas, with a new puppy.

That prospect has kept this pet-crazy nation abuzz since Election Night. What will it be? Chihuahua? Great Dane? Poodle? Portuguese Water Dog?

Whatever the breed or bloodline, I can only hope that the First Mom and Dad are paying equal attention to the doggy diet. Because, according to our friends at the Center for Disease Control, pet food and treats can come with a nasty dose of Salmonella poisoning.

Back in 2005, the CDC warned that Salmonella traced to pet treats had sickened nine people in Washington State and Western Canada.

That was chickenfeed compared to an outbreak in 2006-2007, when the CDC identified 79 Salmonella cases in 21 states, and traced it to dry dog food produced by Mars Petcare US in a Pennsylvania plant. Most of the victims were small children, and the outbreak was worst in Eastern Seaboard states, including the Greater DC area. That case led to recalls of 135 different pet products, including dog biscuits, treats, supplements and some 23,000 tons of dry pet food.

For every sick kid we hear about, the CDC estimates that there are another 38 who are just as sick, but don’t get properly diagnosed. Epidemiologists believe millions of Americans – mostly children – are sickened with Salmonella every year.

So here’s some advice to the 44th President and the First Family:

- Keep the kids, and especially seven-year-old Sasha, away from the pet food.

- Get the critter spayed, or neutered, and vaccinated for rabies, etc.

- Pleeeeease: No pet rats, wildlife, or reptiles.

- Advise the staff: Wash your hands after handling pets, pet food or treats. Especially if they plan to serve dinner to the family upstairs.

- Dog feces pose a particular risk to small children. Designate an adult, preferably a Republican, to clean up after that puppy.

And maybe consider a nice GIANTmicrobe® as a pet instead. They are stuffed animals that look like tiny microbes. They don’t chase balls or catch Frisbees, but they’re kind of cute. It will also help remind us all of the 76,000,000 citizens who are sickened each year from foodborne illnesses.

The Colorado Department of Public Health and Environment says raw milk traced to Kinikin Corner Dairy sickened at least eight people with campylobacter.  There have been 11 confirmed cases of the food-borne bacteria since March 30; the state health department says 10 of those sickened reported drinking raw milk and eight of these people reported getting the milk from Kinikin Dairy.

The dairy was issued a public health order late yesterday afternoon.

Campylobacter can be passed through cow feces and if contaminated fecal matter gets into water or milk, humans can be infected.  The infection's symptoms include diarrhea, sometimes bloody, fever, abdominal cramping, nausea and vomiting. It is only rarely fatal. 

Campylobacter infections have to be reported by healthcare providers to the state, and when several cases were reported recently, the state knew almost immediately something was wrong.

Interestingly, today we received several additional documents stemming from a 2006 E. coli O157:H7 outbreak involving Organic Pastures Dairy in California.  The below document and attached pictures (click to download) of the Organic Pastures milking facility were produced in the litigation between Organic Pastures and the State of California.

Organic Pastures too has had recalls due to Campylobacter contamination in its products – See recall in September 2008 and recall with illnesses in March 2008 - And an E. coli outbreak with illnesses in 2006 - And a Listeria recall in 2007.  Right, and then there was that criminal thing.

I was quoted the other day in USA Today about investing in food safety BEFORE an outbreak happens that sickens hundreds and drives your business and others into the ground: “It's a good investment, says Bill Marler, a prominent Seattle-based food-safety lawyer who has already filed eight lawsuits against PCA. 'You always worry that you'll spend $2,000 more a month to do testing, but if that $2,000 can save from going bankrupt or losing hundreds of millions of dollars, it's a cheap investment.'"

PCA, (Peanut Corporation of America), now facing criminal sanctions is now bankrupt, costing hundreds of people their jobs and according to the Georgia Peanut Commission, “the outbreak may cost peanut producers $1 billion in lost production and sales.” As of April 3, 3883 different peanut containing products have been recalled from some 200 companies. Recall costs are in the hundreds of millions of dollars and some of those companies have also filed for bankruptcy. Peanut product exports have fallen. At a time when our economy is on its knees, this is all clearly an unnecessary waste.

And, then there are the victims, to date the CDC has reported nearly 700 ill with 150 hospitalized and nine deaths. Costs, perhaps incalculable.

Bottom Line, PCA’s Georgia and Texas peanut manufacturing facilities were seldom inspected, rat and bird infested that leaked when it rained. How much would it have cost to keep the rats, birds and rain out? How much would it have cost to inspect the plants? How much would it have cost to test finished products for bacteria that could kill customers? My guess, perhaps tens of thousands over many years.

Whatever the cost, my hunch is it would have been a lot less than the illnesses, deaths, bankruptcies, job losses and prison time.

I told Laura I believe they will get done what needs to be done but they are no Marler Clark that's for sure! You, Laura and Andy have been so wonderful to us and I have been unable to find a way to express to you and your staff how touched David and I are about you cutting your fees for us. What do you say to someone who basically worked (hard) for two years and at the end says don't pay me? You've given my children and our family a very special gift. Somehow "thank you " seems inadequate...... but thank you, thank you, thank you. You have to know though that David and I take every opportunity to sing your praises. I think you have single handedly redeemed the bad rap that the legal profession bears! If you ever need someone to give you good press please let me know. In addition can I tell you how much I adore Laura? She is a doll and so funny and smart as they come. Thank you again for everything and let me know if there is anything else you need from us.

AP reports that Federal officials confirm they have found traces of salmonella in a central California pistachio processing plant that sparked a nationwide recall of the nut.  The Food and Drug Administration said Monday state and federal inspectors found the bacteria in "critical areas" at Setton Pistachio of Terra Bella.  FDA officials also say they found areas at the facility where raw and roasted nuts could become cross-contaminated with salmonella.  The plant temporarily shut down after recalling more than 2 million pounds of nuts last week.  The company has now expanded its recall to include all raw and roasted pistachios from its 2008 crop.

Salmonella is a bacterium that causes one of the most common enteric (intestinal) infections in the United States – Salmonellosis. In some states (e.g. Georgia, Maryland), salmonellosis is the most commonly reported cause of enteric disease, and overall it is the second most common bacterial foodborne illness reported (usually slightly less frequent than Campylobacter infection).

The reported incidence of Salmonella illnesses is about 14 cases per each 100,000 persons (MMWR Weekly, 2006), amounting to approximately 30,000 confirmed cases of salmonellosis yearly in the U.S. (CDC, 2005, October 13). In 2005, just over 36,000 cases were reported from public health laboratories across the nation, representing a 12 percent decrease compared with the previous decade, but a 1.5 percent increase over 2004 (CDC, 2007).

A second lawsuit was filed today against CW Sprouts, the company tied to the recent Salmonella outbreak associated with alfalfa sprouts. The suit, which was filed in the Tenth District Court of Nebraska, Douglas County, is on behalf of Omaha resident Amanda Monastersky. The Ausman Law Firm, an Omaha area firm, is also representing the plaintiff.

Ms. Monastersky severe gastrointestinal illness lasted for several weeks. Ultimately, health officials determined that Ms. Monastersky was one of more than 120 people infected with Salmonella Saintpaul in Nebraska, Iowa, South Dakota, and Kansas in February and March of 2009. Health officials linked the outbreak to sprouts produced by CW Sprouts and distributed under the name SunSprouts. CW Sprouts has recalled the implicated product.

According to the AP reports of a CDC study, a chemical used in rocket fuel was found in samples of powdered baby formula, and could exceed what is considered a safe dose for adults if mixed with water also contaminated with the ingredient, a government study has found. The study by scientists looked for the chemical, perchlorate, in different brands of powdered baby formula. The chemical has turned up in several cities' drinking water supplies. It can occur naturally, but most perchlorate contamination has been tied to defense and aerospace sites.

The presence of E. coli O157:H7 in hamburger was defined as an adulterant under the Federal Meat Inspection Act in 1994.  However, recalls of E. coli O157:H7 contaminated meat and related illnesses continued over the next decade to grow, as did my law firm.   Oddly too, and with near regularity, E. coli O157:H7 recalls and illnesses seemed to begin in the Spring and peak in late Summer and Fall from 1993 through 2002.

After 24 million pounds of contaminated beef were recalled in 34 separate incidents in 2002, recalls dropped off to just over a million pounds a year for the next three years, and then to just 181,900 pounds in 2006.  The Centers of Disease Control and Prevention saw E. coli O157:H7 – related illnesses drop 48% between 2000 and 2006.

The reality is that from 1993 through 2002, children sickened with E. coli O157:H7 tainted hamburger made up the bulk of my law practice.  However, as E. coli O157:H7 hamburger recalls fell from 2003 through the end of 2006, I wondered if the law firm would survive.   Springs just simply were not the same.

But then came Spring 2007.   E. coli O157:H7, which begins its life in the hindgut of a cow, mounted a surge on its home court.  And, it came back with a vengeance.  Since the Spring of 2007, forty-four million pounds of beef have been recalled in 25 incidents due to E. coli O157:H7.  And, I am now back in the meat business, and look to Spring not just for the beginning of hay fever season.

Now, Spring 2009 is upon us.   In preparing for it, I had some research done on the “seasonality” of E. coli O157:H7 in both humans and cattle and then say what was available in the literature as to the reasons behind it.  Perhaps it does not fully explain what I experienced from 1993 though 2008, but it is a start.  It is all about being prepared.

Seasonality in humans:

• A review of E. coli O157:H7 diarrhea in the US by Slutsker et al (1997) found that E. coli O157:H7 was isolated most frequently from patients during the summer months.
• Results from an epidemiological review of E. coli O157:H7 outbreaks in the US (1982-2002) showed that outbreaks involving ground beef peaked in summer months (Rangel et al, 2005)
• In a review of non-O157 STEC infections in the US from 1983-2002 revealed that these infections also were most frequent during the summer (Brooks et al, 2005)
• In Scotland, HUS and E. coli O157:H7 infections peaked in patients under 15 years of age in July/August, followed by a plateau from June to September (Douglas et al, 1997). Interestingly, the prevalence in Scottish beef cattle at slaughter was found to be highest during the winter, but the concentration of E. coli O157:H7 (number of bacteria shed in cattle feces) was highest during the warmer months (Ogden et al, 2004).

Seasonality in ruminants:

• Numerous studies in cattle indicate that fecal shedding of E. coli O157:H7 is typically low in the winter, increases in the spring, peaks during the summer and tapers off in the fall (Edrington et al, 2006; Hancock et al, 2001; Hussein et al, 2005, etc.)
• Barkocy-Gallagher et al (2003) found that the prevalence of E. coli O157:H7 in cattle feces peaked in the summer, and prevalence on hides (a known risk factor for beef contamination) was highest from spring through fall.
• A survey of ground beef samples in the US showed that they were 3x more likely to be contaminated with E. coli O157:H7 from June – September (Chapman, et al 2001)
• A survey in the UK found that the majority of retail meats that tested positive for E. coli O157:H7 were collected between May and September.

Hypotheses on why there are seasonal differences in prevalence in both humans and cattle

Human factors:

• Differences in handling and cooking food, or differences in consumption patterns during the summer, especially ground beef (outdoor BBQs, picnics, summer camps)
• Higher prevalence of E. coli O157:H7 in cattle feces and hides entering the slaughterhouse
• More outbreaks linked to swimming pools, recreational water, and agriculture fairs during the summer

Animal factors:

• Speculation that temperature may affect shedding or survival in feces (warmer months promoting survival and/or growth of E. coli O157:H7).
• Studies by Edrington et al (2006 and 2008) suggested that day length and effects on hormones such as melatonin secretion from the gastrointestinal tracts may be the underlying mechanism for seasonality in cattle. The authors hypothesized that the seasonal variation is a result of physiological responses within the host animal to changing day-length. Hormones have been shown to play a role in the regulation of bacterial populations and host immunity.

REFERENCES

In the first major hamburger recall since 2002, on June 9, 2007, United Food Group voluntarily expanded its June 3 and 6 recalls to include a total of approximately 5.7 million pounds of both fresh and frozen ground beef products produced between April 6 and April 20 because it was contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced.

An investigation carried out by the California Department of Health Services and the Colorado Department of Health, in coordination with the Centers for Disease Control and Prevention, preceded the recall of June 3. Illnesses occurred in Arizona (6), California (3), Colorado (2), Idaho (1), Utah (1) and Wyoming (1). Illness onset dates ranged between April 25 and May 18.

Four of those illnesses were children who developed Hemolytic Uremic Syndrome (HUS). Their stories, like the stories of other victims of HUS linked to hamburger consumption, began with that all-American past time of eating a hamburger then lead to an acute illness where death was a real possibility. Now, it is a lifetime of risk of kidney failure.

We have been able to settle two of the four HUS cases.  It will be interesting to see what juries say about the other two cases.

According to AP reports today, “Nutgate” has turned into a “finger-pointing” match of “he said, she said.” The spokeswoman from Setton, the pistachio maker, said today “that Kraft Foods Inc. detected salmonella in its pistachios more than six months ago but did not inform [Setton] until last week [March24]” when Kraft also informed the FDA.

The Kraft spokeswoman said today that it did “not know until recently that pistachios were the cause of salmonella contamination in a trail mix and promptly informed their nut supplier, Setton…. [The] spokeswoman said their manufacturer Georgia Nut Co. first found the bacteria in its Kraft Back to Nature Nantucket Blend trail mix in September, but it took more than six months of careful ingredient testing to determine what caused the contamination.”

Really? Six months? Something just does not smell right.

Elizabeth Weise, of USA TODAY reported this morning that “Pistachios had tested positive for salmonella for [five] months” at the Setton facility in California while at the same time New York Department of Agriculture was finding rat feces and cockroaches at Setton’s New York plant.

Salmonella in nuts from Setton Pistachio was detected by one of the company's food-manufacturing customers. When the Food and Drug Administration asked Setton officials if any of their own tests had come back positive for salmonella, the answer was yes, says David Acheson, FDA associate commissioner. "They told us, 'We've had montevideo, newport, senftenberg and larochelle,'" Acheson says, meaning the earlier discovery of four strains of salmonella.

Now for Watergate/Nutgate:

"The question is, 'Did Setton Farms have an ongoing problem, and what did they do about it?' " Acheson says. The FDA believes batches of pistachios that tested positive for salmonella were destroyed, not distributed. Setton Pistachio spokeswoman Fabia D'Arienzo could not confirm that. No illnesses tied to the contamination have been confirmed, the FDA says. The agency is currently checking four salmonella cultures provided by Setton to see if they match bacteria in people who have become ill.

So, Setton knew for months that product from its California plant was testing positive for Salmonella – four strains no less – and its New York plant had rats and cockroaches? Now, what is this difference (other than the number of people sickened) with what happened at the Peanut Corporation of America? I think Mr. Peanut (a.k.a Mr. Parnell) needs to make room for Mr. Pistachio (a.k.a. Mr. Setton). I wonder if they will fight over who gets the top bunk?

UPDATE from AP:

Plant at center of recall had salmonella last year - Nuts from the California company tested positive in 2008, says sister plant
   
FRESNO, Calif. - A firm involved in a nationwide pistachio recall this week says nuts from its sister company in California tested positive for Salmonella in September 2008.

Lee Cohen, a production manager for Setton International Foods Inc. in Commack, N.Y., said Friday that Setton Pistachio of Terra Bella Inc. first heard about the 2008 test from a customer, Kraft Foods Inc., on March 24. He says those tainted nuts were found in a snack mix.

Setton Pistachio recalled 2 million pounds of pistachios on Monday after a Kraft manufacturer found salmonella in another batch of roasted pistachios on March 20.

So, here are the questions that now need to be asked:

1.  New York Department of Agriculture - Why did you not shut down the Setton New York plant after finding feces and cockroaches?

2.  FDA - when did you first learn of potential Salmonella illnesses and/or Salmonella positive pistachio samples and from who?

3.  Kraft - when did you first learn of potential Salmonella illnesses and/or Salmonella positive pistachio samples and from who?

4.  Setton - when did you first learn of potential Salmonella illnesses and/or Salmonella positive pistachio samples and from who?

The plot thickens.  Someone is not telling the truth.

I talked with Garance Burke of AP last evening for her story, “Tests nipped risk of tainted pistachios in bud.” Garance wrote: “The contamination was only detected because of voluntary testing by a manufacturer for Kraft Foods Inc. almost two weeks ago. Private auditors hired by Kraft later found problems they think caused the contamination at a supplier's processing facility in central California.”

Think about it, had Kraft not done the testing and not turned over the information to the FDA, this Salmonella-tainted pistachio product might still be in the market and on consumers’ shelves – ready to eat. Kudos to Kraft.

But the fact that we are relying on companies to voluntarily test and then voluntarily report positive results should disturb us all. As Garance also wrote: “Neither the Food and Drug Administration nor state laws require food manufacturers to test the safety of their products…. You can call it a fluke, you can call it good luck, or you can call it good judgment on the part of Kraft," said Dr. David Acheson, FDA's assistant commissioner for food safety. "They're not required to tell us. They did and we're moving on it."

The FDA is now warning “people … to avoid eating all pistachios and products containing them while they determine which products may be tainted.” I am sure that we will soon hear the attack that “the FDA has over-reacted.” I say they have acted in the public health and that is a good thing.  See FDA Recall List.

We now need a serious discussion on food safety.  Recall authority?  Voluntary or mandated?  Regulations?  Government mandates?  Industry voluntary compliance?  Inspections - who should do them?  Government or Industry?  How often?  Testing - when should they be done and by whom?  Again, Government or Industry?  Again, how often?

Much to "chew" on.

I was pleasantly surprised to read today that the USDA has apparently decided to take notice of the elephant in the room when it comes to the tons of ground beef that consumer purchase every day. That is, grocery stores and other retail establishments routinely add trimmings—the bits of meat leftover from cutting steaks and roasts—to the ground beef they grind each day and put out for sale. And as we have discovered in case after case involving this kind of ground beef, very often the store has no records that would allow the source of the contamination to be traced back to any particular meat processor.

As the recent outbreaks involving retailers like Kroger and Whole Foods have made clear, contaminated trimmings are a real danger to the public health. And what is worse, if grocery stores are not keeping the necessary records, then the true scope of the E. coli O157:H7 problem is not really known. While the USDA requires that trimmings be tested for E. coli O157:H7 if they are going to another meat plant to be ground, there is no such requirement for meat that goes to grocery stores, restaurants, and other retail outlets. So huge numbers of people every day are eating ground beef made that has been made with untested, potentially contaminated meat.

This is why it is a great first step for USDA to develop (as reported at Meatingplace.com, and reprinted here: http://shopsmartkentucky.org/index.cfm?zone=/unionactive/view_article.cfm&homeID=121817) to develop guidance for retailers. But this should not be the only steps taken. Instead of guidance, proper recordkeeping should be required of all retailed. Even better, it is time for the USDA to abolish the indefensible distinction it makes in its E. coli policy, which suggests that this deadly pathogen is an adulterant in trimmings and ground beef, but not on so-called “intact” cuts of meat—the very cuts from which grocery stores generate the trimmings to make ground beef. It is time that the USDA has a truly zero-tolerance policy for E. coli O157:H7. And to enforce such a policy, the USDA has to once more get serious about a rigorous sampling and testing program at retail. Let’s stop using the American public as test subjects where illness and death are the truest signs that the meat supply is not safe.

Public health officials today warned consumers not to eat ground white pepper processed, packaged or distributed by Union International Food Company in Union City, California until further notice. Ground white pepper products from the UIFC have been linked to a multi-state outbreak of salmonella, the health officials said. The discovery of salmonella in food samples collected from restaurants and food distributors prompted these recommendations.

Thirty-three have been ill in California, four in Oregon and one in Washington. The last known date of onset of illness for this outbreak is March 13. No deaths have been reported. Eight people were hospitalized, health officials said. While only ground white pepper has been connected to illness in Northern Nevada, the UIFC immediately announced a voluntary recall of cayenne pepper; curry powder; garlic – chopped, granulated, minced and powder; ginger powder, mustard powder; onion – chopped and powder; paprika; pepper, black – ground and whole; pepper, white – ground and whole; turmeric; and wasabi powder.