Marler Blog - Providing commentary on food poisoning outbreaks & litigation

On August 18, 2008 after years of hand wringing, the FSIS finally put public health before “proprietary” business interests when it made the following rule:

9 C.F.R. § 390.10 Availability of Lists of Retail Consignees during Meat or Poultry Product Recalls

The Administrator of the Food Safety and Inspection Service will make publicly available the names and locations of retail consignees of recalled meat or poultry products that the Agency compiles in connection with a recall where there is a reasonable probability that the use of the product could cause serious adverse health consequences or death.

The full rule can be reviewed at: http://www.fsis.usda.gov/OPPDE/rdad/FRPubs/2005-0028F.pdf

The Bottom Line:

The FSIS is now supposed to make available to the public names and locations of retail consignees (grocery stores, etc.) of meat and poultry products recalled by a federally-inspected meat or poultry establishment if the recalled product has been distributed to the retail level.

The rule will only apply to Class I recalls (like the JBS Swift ones). The information is supposed to be posted on the FSIS website, generally within three (3) to ten (10) working days, following the announcement of the recall.

So, FSIS, where in the hell is it?

By the way, posts like these will keep me in the private sector.

A dear friend, and former campaign staffer (I had one) sent me the below flyer (only did one) when I ran and was elected to the Pullman City Council in 1977 by 63 votes!  I was 19 years old.  I have not changed much at all.

Of course, I do know it is not effect, but affect.

Plainview Milk Products Cooperative, Plainview, Minn., is voluntarily recalling instant nonfat dried milk, whey protein, fruit stabilizers, and gums (thickening agents) that it has manufactured over the past two years, because they might be contaminated with Salmonella. The company sells these products to other industry customers, including distributors and manufacturers, who may have incorporated them into their own products. None of Plainview’s products were sold directly to the public.

Plainview has stopped production of these products and has notified its customers of the recall. Currently, the Plainview recall is limited to industry customers who received suspect product.

This is an ongoing investigation, and the FDA will update the public as new information emerges. At this time, the FDA is not aware of products being recalled at the consumer level.

"This recall is an appropriate precaution to protect public health,” said David W.K. Acheson, M.D., associate commissioner for foods in the Food and Drug Administration. “It reflects the concerted efforts of numerous partners at the local, state, and federal levels."

During an investigation of the Plainview facility, FDA found that some of the equipment was contaminated with Salmonella. At this time, the Centers for Disease Control and Prevention has not linked any human illnesses to potentially contaminated products from the Plainview facility.

The FDA became aware of this problem through the U. S. Department of Agriculture. USDA found Salmonella in Dairyshake powder, in 100-gram pouches that were not for retail sale. The FDA began an investigation as to the source of the contamination. In the course of that investigation, Plainview Milk Products was identified as a supplier of a key ingredient in the Dairyshake powder. Inspection of the firm uncovered conditions that resulted in the broader recall.

The FDA is conducting this investigation in collaboration with USDA, CDC, the Minnesota Department of Agriculture, and state and local health departments.

FDA investigators are working to track the distribution of the Plainview ingredients to identify additional products that contain the recalled ingredients. 

Recall Release CLASS I RECALL
FSIS-RC-034-2009 HEALTH RISK: HIGH

Well, I was right to speculate a few days ago that the June 24 recall of JBS Swift meat might well be related to illnesses.  It seems like "E. coli O157:H7 Season is Nearly Upon Us - Will it be 2005 and 2006 or 2007 and 2008?"

FSIS just announced that JBS Swift Beef Company, a Greeley, Colorado is voluntarily expanding its June 24 recall to include approximately 380,000 pounds of assorted beef primal products that may be contaminated with E. coli O157:H7.

Together with traceback information and laboratory data, the recall is being expanded as a result of FSIS' cooperation with the Centers for Disease Control and Prevention (CDC) in an ongoing investigation into 24 illnesses in multiple states, of which at least 18 appear to be associated. This investigation prompted the company to re-examine the effectiveness of their food safety system for the April 21 production of beef primals, and they are conducting this recall out of an abundance of caution as the safety of the products produced on a portion of that day could not be assured.

The beef products were produced on April 21, 2009 and were distributed both nationally and internationally. A list of the products subject to the expanded recall attached.

Each box bears the establishment number "EST. 969" inside the USDA mark of inspection as well as the identifying package date of "042109" and a time stamp ranging from "0618" to "1130." However, these products were sent to establishments and retail stores nationwide for further processing and will likely not bear the establishment number "EST. 969" on products available for direct consumer purchase. Customers with concerns should contact their point of purchase.

The recalled products include intact cuts of beef, such as primals, sub-primals, or boxed beef typically used for steaks and roasts rather than ground beef. FSIS is aware that some of these products may have been further processed into ground products by other companies. The highest risk products for consumers are raw ground product, trim or other non-intact product made from the products subject to the recall.

The first recalled products were produced on April 21 and 22 and shipped to distributors and retailers in states including Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah and Wisconsin.  It is unclear if the expanded recall of product includes other states.

“It was not the failure of the cookie dough manufacturer for not keeping cattle feces (E. coli) out of cookie dough that sickened the child, it is the fault of the parent who allowed the child to eat the dough.”

I have received several calls and emails like the above over the last few days as the country has been ensnared once again in a nationwide recall – this time cookie dough – that has sickened at least 69 in 30 States – mostly people (girls) under the age of 18.

At first I calmly tried to respond that a company that makes a profit off of selling a product that it knows is eaten raw can not blame the consumer if the product actually contains a pathogen that can severely sicken or kill a child. The reality is that cookie manufacturers know that they sell a product that is eaten raw.

From the Minneapolis Star-Tribune – “Long known to satisfy a certain longing of the brokenhearted and the children-at-heart, the dough is nearly as popular raw as it is baked. There are more than 40 cookie dough groups on Facebook -- one with more than 1.3 million members -- complete with photos and postings that read like love notes.”

From the Washington Post – “Nestle’s cookie dough is packaged with labels warning consumers not to eat it raw. But people tend to disregard the warning -- 39 percent of consumers eat raw cookie dough, according to Consumer Reports. It has become such a popular snack that many ice cream makers have developed a cookie dough flavor.”

So, the reply to my calm response has been, “the consumer should know that cookie dough may contain bacteria and they are told to cook it.”

My calmness has now faded. Think about the little labels on cookie dough that you buy in the store – the ones that tell you “cook before eating” – wink, wink. However, the labels do not say:

“THE FDA INSPECTION MEANS NOTHING. THIS PRODUCT MAY CONTAIN A PATHOGENIC BACTERIA THAT CAN SEVERELY SICKEN OR KILL YOU AND/OR YOUR CHILD. HANDLE THIS PRODUCT WITH EXTREME CARE.”

I wonder why the Cookie Industry would not want a label like that on your tub of dough. It knows that the label is truthful. Do you think it might be concerned that Moms and Dads would stop buying it? The day the Cookie Industry puts a similar label on the label is the day that I will go work for them. The reality is that the Cookie Industry and the FDA has not yet been able to assure the public that the dough we buy is not contaminated. So, instead of finding a way to get cattle feces out of our cookie dough, they blame parents when children get sick.

Consumers can always do better. However, study after study shows that, despite the CDC estimated 76 million people getting sick every year from food borne illnesses, the American public still has misconceptions and overconfidence in our Nation’s food supply.

According to a study by the Partnership for Food Safety Education, fewer than half of the respondents knew that fresh vegetables and fruits could contain harmful bacteria, and only 25% thought that eggs and dairy products could be contaminated. Most consumers believe that food safety hazards can be seen or smelled. Only 25% of consumers surveyed knew that cooking temperatures were critical to food safety, and even fewer knew that foods should be refrigerated promptly after cooking. Consumers do not expect that things that you cannot see in your food can kill you.

Consumers are being blamed, but most lack the knowledge or tools to properly protect themselves and their children. The FDA has stated, “unlike other pathogens, E. coli O157:H7 has no margin for error. It takes only a microscopic amount to cause serious illness or even death.”

Many consumers wrongly believe the Government is protecting the food supply. How many times have we heard our Government officials spout, “The US food supply is the safest in the world.”

Where is the multi-million dollar ad campaign to convince us of the dangers of uncooked cookie dough, like we do for tobacco? Most consumers learn about food safety from TV and family members – If your TV viewing habits and family are like mine, these are highly suspect sources of good information.

The industry that makes a lot of dough off of selling dough must step up and clean up their mess. They can, and someday will, if I have anything to say about it. That day will come much faster if they start working on it now, and stop blaming the victims.

69 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 29 states. Of these, 46 have been confirmed by an advanced DNA test as having the outbreak strain; these confirmatory test results are pending on the others. The number of ill persons identified in each state is as follows: Arizona (2), California (3), Colorado (5), Connecticut (1), Delaware (1), Georgia (1), Iowa (2), Illinois (5), Kentucky (3), Massachusetts (4), Maryland (2), Maine (3), Minnesota (6), Missouri (1), Montana (1), North Carolina (2), New Hampshire (2), New Jersey (1), Nevada (2), Ohio (3), Oklahoma (1), Oregon (1), Pennsylvania (2), South Carolina (1), Texas (3), Utah (2), Virginia (2), Washington (6), and Wisconsin (1).

Ill persons range in age from 2 to 65 years; however, 64% are less than 19 years old; 73% are female. Thirty-four persons have been hospitalized, 9 developed hemolytic uremic syndrome (HUS); none have died. Reports of these infections increased above the expected baseline in May and continue into June. 

Tip 'o the pen to WSJ.

I know I sound a bit like a broken record asking yet another company to step up and admit they have a problem, pay the victims’ medical bills and lost wages, and then focus on how the problem happened and how to prevent it from ever happening again. True, it will not completely prevent then from being sued to both uncover why the outbreak happened and to deal with the suffering of the victims and the need for possible future medical expenses that might well include life time monitoring, kidney dialysis and transplant, but it certainly will not hurt.

E. coli O157:H7 is a nasty, nasty bug. It sickens 75,000 in the U.S. annually, hospitalizing thousands and killing nearly 100 – each and every year. Medical bills can run from a few hundred to millions, yes millions of dollars. Parents can spend weeks away from work and some loose their jobs. These customers did what they were supposed to do. They bought the company’s product, consumed it and now are left with medical bills and lost wages for eating something as simple as cookie dough.

Nestle, you did the right thing by recalling product the moment the FDA and CDC linked your product to illnesses. Doing it likely saved others from suffering what now some 70 people in 30 states have experienced first hand. But, the right thing is still not complete.

I admit most companies ignore my PR advice forged by 16 years of being involved in every major foodborne illness outbreak from Jack-in-the-Box (JITB) to Nestle. However, some companies have done it (JITB in 1993, Odwalla in 1996, Conagra in 2002 and Natural Selection Foods (NSF) in 2006) and frankly, for the most part they were praised by the media for “doing the right thing.” The companies also (some took a bit longer than others) became leaders in trying to prevent the next outbreak. JITB (Dave Theno) became famous for putting food safety above all, Odwalla championed juice pasteurization, NSF is recognized as a leader in testing product for pathogens and Conagra invited me to speak to its Food Safety Council.

I sued Nestle on Monday in California, Tuesday in Colorado and Wednesday in Washington. I could sue them every day for the next three weeks. However, perhaps I could stop for a moment to give Nestle an opportunity to consider my sage advice. The reality is that Nestle will eventually pay for all the damages caused to those linked by health officials to its cookie dough (Nestle certainly should not pay for unrelated illnesses). The real questions are will Nestle do it now, continue its work on the recall and its cooperation with FDA and CDC, and work to prevent the next outbreak? Time will tell.

Alfalfa sprouts products sold in Southern California Gelson’s and Whole Foods Market grocery stores were recalled today by the California Department of Public Health because of possible salmonella contamination.

Mark Horton, director of the CDPH, warned consumers not to eat certain Kowalke Organics’ alfalfa products with sell-by dates between June 18 and June 30. Those products include:

• Kowalke Organics Alfalfa Sprouts - 4 oz, 8 oz, 1-pound and 5-pound packages

• Kowalke Organics Dinner Salad - 6 oz package

• Kowalke Organics Onion Mix - 4 oz package

The Culver City company that operates Kowalke Organics, Mike’s Produce Inc., said it was voluntarily recalling raw alfalfa sprouts products.

Mike Matthews, Kowalke’s owner, told the Associated Press that only one package -- with the sell-by date of June 21 -- tested positive for salmonella, so far. All the products with that date, Matthews said, have already been taken off store shelves.

Lindsay Phillips, age 18, consumed Nestle cookie dough on several occasions in early May 2009. On May 11, 2009, Lindsay began to suffer from severe lower abdominal pain accompanied by profuse diarrhea that turned bloody. After Lindsay’s symptoms failed to subside, on May 13, 2009 her mother took her to the emergency room (“ER”). Initially diagnosed with dysentery, she was treated and given a prescription for antibiotics and anti-cramping medication and instructed to return if her symptoms did not improve or worsened. Lindsay returned home after the ER visit, but her symptoms continued to worsen. She returned to the ER a short time later and was admitted to the hospital for further evaluation. During her hospitalization a stool sample was obtained and cultured. It ultimately tested positive for E. coli O157:H7, and was later determined to match the strain of E. coli O157:H7 associated with the Nestle cookie dough outbreak. On May 16, 2009, Lindsay was discharged from the hospital and taken home to continue her recovery. Cause No. C09-05337RBL

Still in Atlanta at the National Environmental Health Association Conference on my way home (or not) in a few hours.  In between doing a mock deposition of a Health Inspector, I had time to talk to California, Minnesota and Oregon press about the state of Food Poisonings - specifically E. coli:

When food sickens, he heads for courthouse - With outbreaks of food poisoning becoming more and more common, lawyer Bill Marler is in high demand

By Matt McKinney, Star Tribune

No one really wants to meet Bill Marler, a food safety lawyer from Seattle, because those who do are likely A) critically sickened by contaminated food and in need of legal help, or B) responsible for selling the food.

Yet there seems to be no shortage of people who know Marler after several high-profile food illness outbreaks in recent years from spinach, tomatoes, frozen pizza, peanut butter, hamburger meat and, last week, Nestlé Tollhouse cookie dough. He has a national practice, but has had several cases in Minnesota recently, including several in which he's sued Cargill on behalf of clients such as the 10-year-old girl from Mahtomedi who became seriously ill in December after eating hamburger contaminated with E. coli O157:H7.

Marler rose to prominence during the Jack in the Box E. coli outbreak of 1993. He maintains multiple food-related blogs while crisscrossing the country to speak about food safety. He's supportive of federal legislation winding its way through Congress that would require more inspections of food plants and give more authority to the Food and Drug Administration (FDA) to order food recalls, among other things. Marler, who's often quoted saying that he wishes food companies would put him out of business, also says that people must learn how to properly handle risky foods while companies must own up to the risks inherent in their products.

Marler's reaction to the Nestlé Tollhouse cookie dough outbreak: "It's almost un-American."

Ill girl's Highlands Ranch family sues over dough

By Jennifer Brown, The Denver Post

The lawsuit is the first in Colorado related to the outbreak and follows one filed Monday in California by an 18-year-old woman. Both cases were filed by William Marler, a Seattle attorney who specializes in food-safety cases.

It's unknown how this E. coli strain, one usually found in cattle manure, could have gotten into dough, but Marler speculated there could have been a contaminated ingredient, such as flour.

"That's pretty remarkable that it found its way into cookie dough," the attorney said. "A lot of Americans tend to eat cookie dough raw. It's pretty well-known, certainly in the industry, that people do consume cookie dough in that way."

Nestle ready to apologize to sickened Gresham teen

By Lynne Terry, The Oregonian

With the investigation under way, a Seattle attorney filed a second lawsuit against Nestle USA on Tuesday. The first, filed Monday, was on behalf of an 18-year-old California woman who was hospitalized for seven days after eating Nestle cookie dough, said attorney Bill Marler, who specialized in foodborne illness cases.

Tuesday's suit, filed in Colorado, concerns a 6-year-old girl who was hospitalized twice after eating cookie dough. She developed a type of kidney failure associated with E. coli O157:H7 known as hemolytic uremic syndrome, which often brings lifelong complications such as dialysis.

Nestle's labels carry warnings not to eat raw dough, but Marler brushed them off as insufficient to protect consumers.

"The warning issue is not very relevant, especially in light of the fact in that all the reported literature on what consumers do with cookie dough is that they eat it raw," Marler said. "The reality is that Nestle knew or should have known that their consumers were consuming that product raw and that they were handling it raw."

Another lawsuit filed in cookie dough E. coli scare

By Matt Tomsic, Danville Register & Bee

William Marler is one of the attorneys representing the child, Madison Sedbrook. He works for Marler Clark, a firm that represents victims of food poisoning.

According to Marler’s blog, Sedbrook, 6, ate the cookie dough several times in April. The Denver-area child developed flu-like symptoms and kept eating the cookie dough into May, when she developed ab-dominal cramps, fever and bloody diarrhea. Sedbrook was admitted to the hospital and released before being taken back.

She developed hemolytic uremic syndrome, a type of kidney failure that can be fatal. Doctors tested the genetic fingerprint of Sedbrook’s illness and compared it to the fingerprint of the nationwide outbreak of E. coli that may be linked to eating raw cookie dough. The two prints matched.

According to the CDC, 70 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint (Pulsed Field Gel Electrophoresis - PFGE) have been reported from 30 states. Ill persons range in age from 2 to 65 years; however, 66% are less than 19 years old; 75% are female. Thirty persons have been hospitalized, 7 developed hemolytic uremic syndrome (HUS). Interestingly, this PFGE pattern has been seen on PulseNet before with over 300 being seen in last four years.

Of 70 linked in this outbreak, 41 have been confirmed by an advanced DNA test (likely MLVA, or Multiple Loci VNTR Analysis) as having the outbreak strain; these confirmatory test results are pending on the others. Most patients reported eating refrigerated prepackaged Nestle Toll House cookie dough products raw.

The number of ill persons identified in each state is as follows: Arizona (2), California (3), Colorado (5), Connecticut (1), Delaware (1), Georgia (1), Hawaii (1), Iowa (2), Illinois (5), Kentucky (3), Massachusetts (4), Maryland (2), Maine (3), Minnesota (6), Missouri (2), Montana (1), North Carolina (2), New Hampshire (2), New Jersey (1), Nevada (2), Ohio (3), Oklahoma (1), Oregon (1), Pennsylvania (2), South Carolina (1), Texas (3), Utah (2), Virginia (2), Washington (5), and Wisconsin (1).

We have been contacted by over a dozen culture-confirmed cases in the last few weeks.  We filed suit yesterday in California on behalf of and 18 year old young woman hospitalized for seven days and will be filing this morning on behalf of a Colorado 6 year old who developed HUS - acute kidney failure.

A young woman who was hospitalized for seven days after eating raw cookie dough made by Nestle USA filed suit today against the company in California Superior Court, San Mateo County. The lawsuit was filed on behalf of 18-year-old Jillian Collins by her attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Terry O’ Reilly of the San Mateo firm O'Reilly Collins.

San Mateo resident Jillian Collins ate uncooked Nestle Toll House cookie dough in late May, 2009. On May 26, she fell ill with painful abdominal cramps and diarrhea that soon turned bloody. Her symptoms worsened to the point where she sought urgent care. She was later admitted to the hospital, where tests revealed that she was infected with E. coli O157:H7. The genetic fingerprint of her test matched that of the outbreak strain which has infected 65 people in 29 states to date.

This outbreak is an example of how virulent E. coli bacteria can be, and how many people can be affected when it enters the national food supply,  Nestle USA is a company with a good food safety record, and they worked very quickly to get a voluntary recall of the product started. But even that isn’t enough for those who were sickened in this outbreak. It points to how vigilant we need to be in our food safety regulation and oversight.

The first announcement about the multi-state outbreak was made on Thursday, June 18 by the Colorado Department of Health and Environment (CDPHE), warning consumers about consuming the uncooked Nestle Toll House cookie dough product, and revealing that more than sixty were confirmed ill in 28 states. It wasn’t until late Friday, June 19 that the CDC released their outbreak information, which updated the totals to 65 ill in 29 states.

Nestle has stopped production at the Virginia facility that produced the cookie dough.  Everyone I talk to is stumped by how a bacteria normally associated with cattle feces made its way into the facility, and then into such a highly processed product. We may not solve that mystery; what we can do is work to prevent this type of event from happening again. The way to do that is better food safety surveillance – and that comes down to legislation and funding.

I have been asked that questions several dozen times in the last 48 hours as this outbreak has mushroomed to nearly 70 in some 28 states with at least 25 hospitalized and 7 with HUS.  So, how did this nasty bug get into such an "All-American" product?  Here is the list of ingredients:

E. coli O157:H7 bacteria are believed to mostly live in the intestines of cattle but have also been found in the intestines of chickens, deer, sheep, goats, and pigs. E. coli O157:H7 does not make the animals that carry it ill; the animals are merely the reservoir for the bacteria.  It is hard to figure how one of these animals slipped into the Danville, Virginia plant and leave enough feces to sicken people in two dozen states.

Certainly milk has been linked to E. coli outbreaks.  But is seems unlikely that Nestles was using raw milk in it's cookie dough.  Eggs, well, you might expect Salmonella, but not E. coli O157:H7.  Same with chocolate - there have been Salmonella cases in the past with some of the major players in the industry.  Perhaps an ill worker who did not wash his or her hands?  Seems unlikely given the size of the outbreak. 

Bio-terrorism?  Hopefully not.  What about vermin (rats, mice, birds, etc) either contaminating raw ingredients in the Danville facility or the facilities of other ingredient manufacturer?  Although there is no evidence that any of the plants had these problems, my hunch would be to look hard here, but always be aware that somewhere in the background likely lurks a cow.

By way of background, the Centers for Disease Control and Prevention (CDC) estimated in 1999 that 73,000 cases of E. coli O157:H7 occur each year in the United States. Approximately 2,000 people are hospitalized, and 60 people die as a direct result of E. coli O157:H7 infections and complications. The majority of infections are thought to be foodborne-related, although E. coli O157:H7 accounts for less than 1% of all foodborne illness.

However, E. coli O157:H7 does cause illness in humans – at times severe. An E. coli O157:H7 infection is characterized by the sudden onset of abdominal pain and severe cramps, followed within 24 hours by diarrhea. As the disease progresses, the diarrhea becomes watery and then may become grossly bloody - bloody to naked eye. Vomiting can also occur, but there is usually no fever. The incubation period for the disease (the period from ingestion of the bacteria to the start of symptoms) is typically 3 to 9 days, although shorter and longer periods are not that unusual. An incubation period of less than 24 hours would be unusual, however. In most infected individuals, the intestinal illness lasts about a week and resolves without any long-term problems.

Hemolytic Uremic Syndrome (HUS) is a severe, life-threatening complication of an E. coli O157:H7 bacterial infection. Although most people recover from an E. coli O157:H7 infection, about 5-10% of infected individuals goes on to develop HUS. E. coli O157:H7 is responsible for over 90% of the cases of HUS that develop in North America. Some organs appear more susceptible than others to the damage caused by these toxins, possibly due to the presence of increased numbers of toxin-receptors. These organs include the kidney, pancreas, and brain.

Two long days after word first surfaced about a multi-state outbreak of E. coli tied to raw cookie dough, the CDC has issued information detailing the illnesses.  The outbreak appears to have begun March 1, 2009 and is still ongoing four months later

The CDC reports:

CDC is collaborating with public health officials in many states, the United States Food and Drug Administration (FDA), and the United States Department of Agriculture Food Safety and Inspection Service (FSIS) to investigate an outbreak of E. coli O157:H7 infections.

As of Thursday, June 18, 2009, 65 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 29 states. Of these, 23 have been confirmed by an advanced DNA test as having the outbreak strain; these confirmatory test results are pending on the others. The number of ill persons identified in each state is as follows: Arkansas (1), Arizona (2), California (2), Colorado (5), Delaware (1), Hawaii (1), Iowa (2), Illinois (5), Kentucky (1), Massachusetts (4), Maryland (2), Maine (3), Minnesota (5), Missouri (2), Montana (1), North Carolina (1), New Hampshire (2), New Jersey (1), Nevada (2), Ohio (4), Oklahoma (1), Oregon (1), Pennsylvania (2), South Carolina (1), Texas (3), Utah (2), Virginia (2), Washington (5), and Wisconsin (1).

Ill persons range in age from 2 to 57 years; however, more than 70% are less than 19 years old and none are over 60 years old; 75% are female. Twenty-five persons have been hospitalized, 7 developed hemolytic uremic syndrome (HUS); none have died. Reports of these infections increased above the expected baseline in May and continue into June.
Investigation of the Outbreak

In an epidemiologic study, ill persons answered questions about foods consumed during the days before becoming ill and investigators compared their responses to those of persons of similar age and gender previously reported to State Health Departments with other illnesses. Preliminary results of this investigation indicate a strong association with eating raw prepackaged cookie dough. Most patients reported eating refrigerated prepackaged Nestle Toll House cookie dough products raw.

E. coli O157:H7 has not been previously associated with eating raw cookie dough. CDC, the state health departments, and federal regulatory partners are working together in this ongoing investigation.
Clinical Features

Most people infected with E. coli O157:H7 develop diarrhea (often bloody) and abdominal cramps 2-8 days (average of 3-4 days) after swallowing the organism, but some illnesses last longer and are more severe. Infection is usually diagnosed by culture of a stool sample. Most people recover within a week, but some develop a severe infection. A type of kidney failure called hemolytic uremic syndrome (HUS) can begin as the diarrhea is improving; this can occur in people of any age but is most common in children under 5 years old and the elderly.
Advice to Consumers

The Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention are warning consumers not to eat any varieties of prepackaged Nestle Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7. If consumers have any prepackaged, refrigerated Nestle Toll House cookie dough products in their home they should throw them away. Cooking the dough is not recommended because consumers might get the bacteria on their hands and on other cooking surfaces. The recall does not include Nestle Toll House morsels, which are used as an ingredient in many home-made baked goods, or other already baked cookie products.

Individuals who have recently eaten prepackaged, refrigerated Toll House cookie dough and have experienced any of these symptoms should contact their doctor or health care provider immediately. Any such illnesses should be reported to state or local health authorities.

Consumers should be reminded they should not eat raw food products that are intended for cooking or baking before consumption. Consumers should use safe food-handling practices when preparing such products, including following package directions for cooking at proper temperatures; washing hands, surfaces, and utensils after contact with these types of products; avoiding cross contamination; and refrigerating products properly.

Click on below image to download complete list of recalled items due to E. coli O157:H7 contamination:

An outbreak of E. coli O157:H7 that has sickened 66 people in 28 states points to the need for better funding for health surveillance, said food safety advocate and foodborne illness litigator William Marler. News of the E. coli outbreak was issued by the Colorado Department of Public Health and Environment (CDPHE), which said in its release that the link to Nestle Toll House raw cookie dough was strong enough to warrant a warning.

“The fact that this outbreak was not detected until more than sixty people were ill in 28 states is precisely why we urgently need increased funding for the agencies responsible for public health,” said Marler. “From the CDC to state and local health agencies, many dedicated people are working hard to protect consumers from tainted food, but they just don’t have enough resources to do the job we ask of them. There are many demands on our national ‘safety net’, but this is one we cannot afford to skimp on – the human cost is just too high.”

Escherichia coli (E. coli) are members of a large group of bacteria which inhabit the intestinal tracts of humans and other mammals. Many strains (or serotypes) are harmless or even beneficial, but certain Shiga-toxin (Stx) producing serotypes can cause human illness and even death. The most common of these is E. coli O157:H7. The CDC estimates that 70,000 Americans are infected with E. coli every year.

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure. The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have are also responsible for many outbreaks. Unpasteurized dairy products and juices can be contaminated with E. coli, as can sprouts and even water.

“Identifying an outbreak and tracking it to a source is labor-intensive work,” continued Marler. “Victims are interviewed about what they ate and came into contact with, family members are interviewed, as are people in the affected communities who escaped infection. Labs test suspected products. The math is simple: the more people doing this work and more resources they have available to them, the faster an outbreak can be detected and sourced – and that means fewer illnesses.”

Over the last few weeks we have been investigating E. coli O157:H7 illnesses in several states.  All seemed unconnected.  However, common food items were uncooked Nestles Toll House Cookie Dough, Strawberries, Fruit Roll-ups and Ground Beef.  The vast majority reported eating Toll House Cookies.

We now have reports that federal, state and local health officials are investigating a cluster of at least 63 cases of E. coli O157:H7 in 26 states. Reports indicate the ill people's E. coli O157:H7 isolates share a common genetic pattern and likely a common source.

Hopefully, a link will be made and consumers will be told.

I was reviewing the 300 plus claims amounting to over $300,000,000 that companies and individuals have filed against the Peanut Corporation of America and found a claim for $601,506.96 by Stewart Parnell - No, really, the Stewart Parnell - the guy who took the 5th in front of Congress.  I need to stop being amazed by what people do.

Marler Clark is in the process of updating www.fsis-pfge.org through 2009.  We have taken the initiative to publish this information in the hopes that it will provide assistance to government agencies - Federal, State and Local – as well as individuals, in ascertaining the source of E. coli O157:H7 infections.  More broadly, Marler Clark hopes to spur greater communication amongst government agencies to better protect the public from serious health threats associated with contaminated meat.

The website contains Pulse Field Gel Electrophoresis (PFGE) patterns of particular strains of E. coli O157:H7 associated with recalls of ground beef since 2000.  Comparison of PFGE patterns sampled from individual persons infected with E. coli O157:H7 may allow the identification of the source of an individual's illness.  It is for this reason that Marler Clark has created this website, hoping to advance the cause of food safety, and to assist health departments in determining the source of outbreaks.

What is PFGE?

When a sample is taken from either a piece of meat or poultry that is contaminated with a dangerous form of bacteria, such as E. coli O157:H7, Salmonella, Shigella, Listeria, or Campylobacter, it can be cultured to obtain and identify the bacterial isolate.  If a person consumes some of the contaminated meat or poultry, and becomes infected as a result, a stool sample can then be cultured to obtain and identify the bacterial isolate.  These bacterial isolates are then broken down into their various component parts creating a DNA "fingerprint".

The process of obtaining the DNA fingerprint is called PFGE. This technique is used to separate the DNA of the bacterial isolate into its component parts.  It operates by causing alternating electric fields to run the DNA through a flat gel matrix of agarose, a polysaccharide obtained from agar.  The pattern of bands of the DNA fragments — or “fingerprints” — in the gel after exposure to the electrical current is unique for each strain and sub-type of bacteria.  By performing this procedure, scientists can identify hundreds of strains of E. coli O157:H7 as well as strains of listeria and campylobacter, and other pathogenic bacteria.

The PFGE pattern of the bacteria can then be compared and matched up to the PFGE pattern of the strain of infected persons who consumed the contaminated product.  When PFGE patterns match, they, along with solid epidemiological work, are proof that the contaminated product was the source of a person's illness.

Oldest daughter was taking the SAT's, middle daughter we dropped at softball practice, so the youngest one and I went to the Farmer's Market - a big deal on the Island on a Saturday.  We picked up some fresh strawberries (ours at home are not ripe), a couple more pepper plants and a bag of fresh spinach (I just planted some).  I then asked the cheese lady if the milk used was pasteurized (was given a polite glare and a no).  I really need to take a day off.  By the way, that is daughter Sydney below - she attended a Congressional Hearing in Washington DC on food safety on her 8th birthday.

Federal judge extends deadline for Peanut Corp. salmonella claims

CDC just today published its 2006 data on Foodborne Disease Outbreaks.  Here is the Report - no wonder I have been so busy:

Foodborne illnesses are a major health burden in the United States. Most of these illnesses are preventable, and analysis of outbreaks helps identify control measures. Although most cases are sporadic, investigation of the portion that occur as part of recognized outbreaks can provide insights into the pathogens, food vehicles, and food-handling practices associated with foodborne infections. CDC collects data on foodborne disease outbreaks (FBDOs) from all states and territories through the Foodborne Disease Outbreak Surveillance System (FBDSS). This report summarizes epidemiologic data on FBDOs reported during 2006 (the most recent year for which data have been analyzed). A total of 1,270 FBDOs were reported, resulting in 27,634 cases and 11 deaths. Among the 624 FBDOs with a confirmed etiology, norovirus was the most common cause, accounting for 54% of outbreaks and 11,879 cases, followed by Salmonella (18% of outbreaks and 3,252 cases). Among the 11 reported deaths, 10 were attributed to bacterial etiologies (six Escherichia coli O157:H7, two Listeria monocytogenes, one Salmonella serotype Enteritidis, and one Clostridium botulinum), and one was attributed to a chemical (mushroom toxin). Among outbreaks caused by a single food vehicle, the most common food commodities to which outbreak-related cases were attributed were poultry (21%), leafy vegetables (17%), and fruits/nuts (16%). Public health professionals can use this information to 1) target control strategies for specific pathogens in particular foods along the farm-to-table continuum and 2) support good food-handling practices among restaurant workers and the public.

State, local, and territorial health departments voluntarily submit reports of FBDOs using a web-based standard form to the electronic Foodborne Outbreak Reporting System (eFORS). An FBDO is defined as the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food. Information regarding clinical syndromes, incubation period, and laboratory testing for various etiologic agents is available to guide reporting officials.* Officials report an etiology as either confirmed (at least one etiologic agent found) or suspected (based on clinical and epidemiologic information). Analysis was limited to FBDOs with a single etiology (i.e., suspected or confirmed). Food vehicles are food items linked to illnesses by an outbreak investigation. CDC classifies the foods vehicles implicated in outbreak reports into the following 17 food commodities: fish, crustaceans, mollusks, dairy, eggs, beef, game, pork, poultry, grains/beans, oils/sugars, fruits/nuts, fungi, leafy vegetables, root vegetables, sprouts, and vegetables from a vine or stalk.

During 2006, public health officials reported a total of 1,270 FBDOs from 48 states. A confirmed or suspected single etiologic agent was indentified in 884 (70%) FBDOs (621 confirmed and 263 suspected), accounting for 22,510 (81%) cases. The number of outbreaks reported by each state or territory ranged from zero to 76. The median rate was 0.21 (range: zero to 1.3) per 100,000 population. For seven states (Hawaii, Maine, Minnesota, North Dakota, Oregon, Vermont, and Wisconsin), the rate of reporting was greater than three times the median. Rates of reported outbreaks varied markedly by etiology group. Among the 621 outbreaks (with 18,111 cases) with a confirmed single etiologic agent, 343 (55%) outbreaks and 11,981 (66%) cases were caused by viruses, 217 (35%) outbreaks and 5,781 (32%) cases were caused by bacteria, 52 (8%) outbreaks and 219 (1%) cases were caused by chemical agents, and nine (1%) outbreaks and 29 (1%) cases were caused by parasites. Calicivirus caused 337 (98%) of the confirmed FBDOs attributed to viruses; all calicivirus outbreaks reported in 2006 were attributed to norovirus. Salmonella, the most commonly reported bacterial etiologic agent, caused 112 (52%) of the confirmed FBDOs attributed to bacteria; Salmonella serotype Enteritidis caused the most outbreaks (28 [13%]). Shiga toxin--producing E. coli (STEC) caused 29 (13%) of confirmed FBDOs attributed to bacteria, of which 27 were serogroup O157.

Eleven multistate outbreaks, defined as outbreaks in which exposures occurred in more than one state, were detected; 10 of these were attributed to bacteria. One attributed to chemical agents was transmitted by baked goods contaminated by a floor sealant (11 cases). Four of the bacterial outbreaks were attributed to E. coli O157, of which three were transmitted by leafy vegetables (395 cases) and one was transmitted by beef (44 cases). Four were attributed to Salmonella, of which two were transmitted by tomatoes (307 cases), one by peanut butter (715 cases), and one by fruit salad (41 cases). An outbreak of Vibrio parahaemolyticus infections was transmitted by oysters (177 cases). An outbreak attributed to C. botulinum toxin was transmitted by carrot juice (four cases).

Public health officials identified a food vehicle in 528 (42%) FBDOs, of which 243 (46%) outbreaks with 6,395 (50%) cases were classified as having ingredients belonging to only one of the 17 commodities. Among the 243 outbreaks attributed to a single commodity, the most outbreaks were attributed to fish (47 outbreaks), poultry (35 outbreaks), and beef (25 outbreaks), and the most cases were attributed to poultry (1,355 cases), leafy vegetables (1,081 cases), and fruits/nuts (1,021 cases). Pathogen-commodity pairs responsible for the most outbreak-related cases were Clostridium perfringens in poultry (902 cases), Salmonella in fruits/nuts (776 cases), norovirus in leafy vegetables (657 cases), STEC in leafy vegetables (398 cases), Salmonella in vine-stalk vegetables (331 cases), and V. parahaemolyticus in mollusks (223 cases).

Although the dairy commodity accounted for only 3% of single commodity outbreak-related cases (16 outbreaks and 193 cases), 71% of dairy outbreak cases were attributed to unpasteurized (raw) milk (10 outbreaks and 137 cases). A wide range of bacterial pathogens were associated with unpasteurized milk outbreaks, including Campylobacter (six outbreaks), STEC O157 (two outbreaks), Salmonella (one outbreak), and Listeria (one outbreak), resulting in 11 hospitalizations and one death.

The largest outbreaks with a known etiology and single food commodity were attributed to baked chicken contaminated with C. perfringens (741 cases), peanut butter contaminated with Salmonella (714 cases), and spinach contaminated with E. coli O157 (238 cases). In the spinach outbreak, 31 persons developed hemolytic uremic syndrome, and five died, including a child. The contaminated spinach was traced back to a single farm, where the outbreak strain was isolated from nearby cattle feces and feral swine feces.

Full Report at MMWR.

Sometimes when you do well, it is good to lend a hand.

The U.S. Department of State's Office of Weapons Removal & Abatement has approved matching grants totaling $177,000 for Clear Path International's humanitarian mine action programs in Vietnam and Cambodia.

The largest grant of $127,000 will be used to fund efforts that assist survivors of accidents with landmines and unexploded ordnance (UXO) in central Vietnam. The second grant of $50,000 will be used for CPI's rice mill enterprise for landmine survivors in Battambang, Cambodia, where its beneficiaries receive training, microcredit and crop processing services.

The two grants are matched by financial contributions from the private sector, including the McKnight Foundation of Minneapolis, the Johnson & Widdifield Charitable Trust, the Seattle-based law firm Marler Clark and the Dutch charity Stichting Mensenkinderen.

"At a time when it's challenging to raise money from private-sector sponsors, the government's steady and ongoing support of our work helps sustain vital survivor assistance programs," says Imbert Matthee, CPI's executive director. "It also inspires private charities to keep giving despite the economic downturn."

At least 1,000 landmine accident survivors, their family members and disadvantaged members of their communities will benefit from the two grants in the remainder of 2009 and the first part of 2010, Matthee says.

In Vietnam, aid to survivors comes in the form of emergency medical care, prosthetics, physical rehabilitation, income-generating assistance, animal husbandry programs, scholarships and sports activities.

In Cambodia, CPI and its local partner, Cambodian Volunteers for Community Development, will expand the cooperative of amputee farmers, boost micro-credit lending, offer training, mill and sell their rice.

Snow Creek Meat Processing, a Seneca, S.C., establishment is recalling approximately 75 pounds of fresh beef trim products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today.

Various sizes of Cryovac bags of "BEEF TRIMMINGS, BEEF ITEM" packed in boxes. Each box bears the establishment number "EST. 20478" inside the USDA mark of inspection and a "Sell By" date of "06/02/09."

These fresh beef trim products were produced on June 2, 2009, and were distributed to retail establishments for further processing in North Carolina and South Carolina.

I have the honor to speak before the American College of Trial Lawyers next week on "How I do what I do."  Click below to see my PowerPoint.  I will also present my paper, Separating the Chaff from the Wheat: How to Determine the Strength of a Foodborne Illness Claim. I guess I am spilling all of my "secret recipes."

I was asked to post some of my thoughts on food safety (or lack thereof) on the PBS NOW Series site.

By William D. Marler, Esq.

After a brief lull a few years ago, we're seeing a sweeping increase in outbreaks of Salmonella, E. coli and other foodborne contaminates. There are many reasons for this ugly trend - businesses more focused on sales than safety, fragmented government agencies, inadequate inspection of foods, poorly educated food handlers and lack of consumer awareness, to name a few. The reality is that we now live in a global food supply and we need to come up with global solutions that leverage our scientific and technological capabilities to prevent human illness and death.

These outbreaks should be good news to a lawyer like me, since I specialize in representing people sickened by tainted food. But it isn't, because it means I'll be seeing more four and five-year-old kids hooked up to kidney dialysis machines, their lives hanging by a thread because they ate a tainted burger or a peanut butter and jelly sandwich. I often say: Put me out of business, please! And I mean it.

Here are my Top Ten ideas to combat this recurring epidemic:

1.  Improve surveillance of bacterial and viral diseases. First responders—ER physicians and local doctors—need to be encouraged to test for pathogens and report findings directly to local and state health departments and the CDC promptly.

2.  Federal, state, and local governmental departments need to learn to "play well together." That means resources need to be provided and coordination encouraged so illnesses can be promptly stopped and the offending producer—not an entire industry—are brought to heel.

3.  Require real training and certification of food handlers at restaurants and grocery stores. There also should be incentives for sick employees to stay home when ill.

4.  Stiffen license requirements for large farm, retail and wholesale food outlets, so that nobody gets a license until they and their employees have shown they understand the hazards and how to avoid them.

5.  Increase food inspections. While domestic production has continued to be a problem, imports pose an increasing risk. Points of export and entry are a logical place to step up monitoring. More funding and inspectors are needed.

6.  Reform federal, state, and local agencies to make them more proactive, and less reactive. We need to modernize food safety statutes by replacing the existing collection of often conflicting laws and regulation with one uniform food safety law of the highest standard.

7.  There are too few legal consequences for sickening or killing customers by selling contaminated food in the US. We should impose stiff fines and even prison sentences for violators, and consider stiffer penalties for repeat violators.

8.  We need to use our technology to make food more traceable so that when an outbreak occurs authorities can quickly identify the source and limit the spread of the contamination.

9.  Promote university research to develop better technologies to make food safe and for testing foods for contamination. Provide tax breaks for companies that push food safety research and employee training.

10.  Improve consumer understanding of the risks of food-borne illness.

This may seem like a lot for a busy administration to chew on, but according to the CDC, every year nearly a quarter of our population is sickened, 350,000 hospitalized and 5,000 die, because of what they ate. People who eat and get sick also vote. Our politicians should do the math.

William Marler is the managing partner of Marler Clark L.L.P., P.S. and a national expert in foodborne illness litigation. Mr. Marler lives in Seattle, where he is a trial lawyer, husband, and father of three daughters. He writes about food safety, food policy, and foodborne illness on his award-winning blog, www.marlerblog.com.

Snow Creek Meat Processing, a Seneca, SC, establishment is recalling approximately 75 pounds of fresh beef trim products that may be contaminated with E. coli, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced Monday.

The products subject to recall include:

Various sizes of Cryovac bags of "BEEF TRIMMINGS, BEEF ITEM" packed in boxes. Each box bears the establishment number "EST. 20478" inside the USDA mark of inspection and a "Sell By" date of "06/02/09."

These fresh beef trim products were produced on June 2, 2009, and were distributed to retail establishments for further processing in North Carolina and South Carolina.

Kate Ackley of Roll Call reports that "[t]he meat industry has a beef with food safety legislation that is making its way through the House Energy and Commerce Committee."

The 'beef" seems to break down to industry costs:

“Right now, this is a bill we just don’t support,” said Colin Woodall, executive director of legislative affairs for the National Cattlemen’s Beef Association. “We are very much in support of food safety, but this bill would have a lot of unintended consequences and would add more costly regulations and won’t actually translate into safer food.”

The "beef" seems that the industry likes being overseen by the USDA:

Woodall said meat producers are also concerned about the precedent this bill could set in giving the Food and Drug Administration regulatory authority over the industry, which is currently watched over by the Department of Agriculture. The cattlemen’s group also takes issue with mandatory recalls and says voluntary recalls work better. The industry worries that the bill would require government inspectors on farms, Woodall said.

The "beef" seems to be - we don't need no damn inspectors - and its the consumers responsibility anyway:

“There is no need to have FDA inspectors come on farms or cattle operations,” Woodall said. “There are too many other processes and steps between the time it leaves the farm and gets to the consumer, including the way the consumer handles the product when they get it home. It would give a false sense of security to the consumer.”

The "beef" seems to be that FDA does not have the funds that we do not support anyway:

Dave Warner, a spokesman for the National Pork Producers Council, said his group has a number of concerns about the legislation, with on-farm inspections being among the top. “FDA doesn’t not have the personnel, and it doesn’t have the expertise,” he said.

Another book to read sitting on my office desk.  This one, "Why of Food System is Broken and What We Can Do to Fix it," is another in a series of books taking a critical look at the safety and sustainability of our food supply.  Jill Richardson (La Vida Locavore) has asked me to look it over before it goes final.  Last time I did that (for Eric Schlosser - "Fast Food Nation") - it became a best seller and a movie.  I need to write a book.

This outbreak was clearly linked to Ready Pac lettuce served in Taco Bell restaurants in the northeastern United States. As of December 14, 2006, Thursday, 71 persons with illness associated with the Taco Bell restaurant outbreak have been reported to CDC from 5 states: New Jersey (33), New York (22), Pennsylvania (13), Delaware (2), and South Carolina (1). States with Taco Bell restaurants where persons confirmed to have the outbreak strain have eaten are New Jersey, New York, Pennsylvania, and Delaware. (The patient from South Carolina ate at a Taco Bell restaurant in Pennsylvania). Other cases of illness are under investigation by state public health officials. Among these 71 ill persons, 53 (75%) were hospitalized and 8 (11%) developed a type of kidney failure called hemolytic-uremic syndrome (HUS). Illness onset dates have ranged from November 20 to December 6.

Cases in 52 of the 71 patients are confirmed, meaning that the patients’ E. coli O157:H7 strains have the outbreak “DNA fingerprint.” E. coli O157 strains are routinely “DNA fingerprinted” at public health laboratories in all states as part of PulseNet (the network of public health laboratories that sub-type bacteria). E. coli O157 strains from other cases are being tested by PulseNet. As a result of testing by PulseNet, cases with the outbreak strain “fingerprint” pattern are being re-classified as confirmed cases, and cases with an unrelated “fingerprint” pattern are being dropped from the outbreak case count.

It is testament to the notoriety of toxin producing E. coli that it’s the only bacteria that commands an international conference every three years at spots around the world. That’s what happened recently in Buenos Aires when the world’s leading researchers, medical doctors, and epidemiologists with an interest in toxigenic E. coli gathered to share information and brainstorm about the rogue members of the E. coli family that remain a significant public health problem across much of the globe. Buenos Aires was a apt place for the conference as Argentina, perhaps due to all those cattle the gauchos herd around, has one of the highest rates of the hemolytic uremic syndrome (HUS) caused by the very bacteria the scientists spend their lives trying to understand.

It is almost impossible to describe the breadth of the topics discussed at the conference. It ranged from the incidence of E. coli infections in particular countries, the severity and manifestations of the infections E. coli causes, the genes within the bacteria responsible for the injury causing qualities of the bacteria, the evolutionary course of the various E. coli bacteria than now infect humans, the reservoirs for the bacteria and how to reduce E. coli shedding in cattle. Of course, a lot of the presentations are hard science way beyond what the average curious consumer might grasp, but what impresses is how many different areas of research and interest are tied to this one type of bacteria. In turn, the research on toxin producing E. coli has produced results that have value across the scientific spectrum, even as everyone involved cites the terrible consequences of toxigenic E. coli infections in humans, especially children, as a source of motivation.

One of the many invigorating aspects of this conference is the realization of how a far flung network of scientists have worked to create a culture of mutual interest, sharing, and building on one another’s work. The results are impressive, even though toxin producing E. coli remains a major public health enemy. It is also a reminder of how important the current administration’s support for basic science will be in advancing the ball on public health issues, including foodborne pathogens. 

And it turns out that this brainy group of public service oriented professionals also knows how to have fun as evidenced by the dance floor action at Tango night, one of the diversions the conference offered to attendees. As for Buenos Aires itself, it’s a wondrous mix of the new world and old, humming with energy, music, good wine, and yes, good beef.

Bruce Clark and Patti Waller

It is not 5:00 AM and I am on my way to the airport in Seattle (again) heading to New York for a speech to Excess Insurance Executives. FSIS just released another recall of meat. It appears this time it is BEFORE people were sickened. So much for test and hold. Here are the details:

SP Provisions, a Portland, Ore., establishment is recalling approximately 39,973 pounds of ground beef products that may be contaminated with E. coli O157:H7.  The products subject to recall include:

Cascade Natural Beef Brand:

* 5-pound and 10-pound bags of ground beef. Each package bears the identifying case code "13-016G."
* 5-pound and 10-pound bags of chili grind. Each package bears the identifying case code "13-016C."
* 15-pound boxes of ground beef patties. Each package bears the identifying case code "13-016GP."

SP Provisions Brand:

* 5-pound and 10-pound bags of ground beef. Each package bears the identifying case code "01-136."
* 5-pound and 10-pound bags of chili grind. Each package bears the identifying case code "01-136C."
* 15-pound boxes of ground beef patties. Each package bears the identifying case code "01-136P."

Each identifying case code is preceded by the date code "040809" through "052809," signifying the production date in "month/date/year" format, i.e. April 8, 2009 through May 28, 2009. Additionally, each product bears the establishment number "EST. 2866" inside the USDA mark of inspection.

Alex & George Wholesale, Inc., a Rochester, New York firm, is recalling approximately 4,663 pounds of ground beef products because they may be contaminated with E. coli O157:H7.  The following products are subject to recall:

* 10-pound poly bag of "A & G Brand BULK GROUND BEEF"
* 10-pound poly bag of "A & G Brand 'HOT SAUCE' SPECIAL BLEND"
* 25-pound poly bag of "A & G Brand BULK GROUND BEEF"
* 30-pound poly bag of "A & G Brand BULK GROUND BEEF"
* 10-pound case of (3-1) "A & G Brand GROUND BEEF PATTIES"
* 10-pound case of (5-1) "A & G Brand GROUND BEEF PATTIES"
* 10-pound case of "A & G Brand 'Homestyle Press' GROUND BEEF PATTIES"
* 10-pound case of (6-1) "A & G Brand GROUND BEEF PATTIES"
* Cases containing 48, 4.25-ounce"A & G Brand GROUND BEEF PATTIES 'PUCKS'"
* Cases containing 48, 5-ounce "A & G Brand 'Homestyle Press' GROUND BEEF PATTIES"
* Cases containing 48, 5-ounce (4-1) "A & G Brand 'Homestyle Press' GROUND BEEF PATTIES"
* Cases containing 48, 5-ounce "A & G Brand GROUND BEEF PATTIES 'PUCKS.'"

These packages of ground beef were packed in 10, 15, 25, and 30-pound shipping cases which bear the establishment number "EST. 4553" inside the USDA mark of inspection. The (3-1), (4-1), (5-1) and (6-1) refers to the number of portions per one pound.

Sometimes we want our politicians to be so perfect when we are not, and we fail to see the mistake of making perfect the enemy of good.  I have my differences with Senate Majority Leader Dean Florez (D-Shafter) on raw milk, but on most issues (probably 90%) I bet we see eye to eye.

A particular "Shout-out": to the Senator on:

A measure (SB 416) to phase out the use of non-therapeutic antibiotics in animals meant for human consumption.  Antibiotic resistant infections are on the rise nationwide, and many believe the use of antibiotics as a feed additive given daily to healthy animals is contributing to the trend. Concerned that the effect may be particularly harmful to the bodies of small children, Florez made school meal programs the initial target of Senate Bill 416. Under SB 416, schools could not serve meat or poultry treated with non-therapeutic antibiotics after January 1, 2012. By 2015, the ban on non-therapeutic antibiotics would apply to any animal raised for human consumption in the state.

Another bill (SB 173) to bolster the state's food safety system by requiring food growers and processors to promptly report a positive test for any food-borne illness to the California Department of Public Health and maintain records of all testing for two years. The bill would also give CDPH the power of mandatory recall. Under SB 173, any processor who does not test and later has a recall will face an automatic shutdown for six months and must cover all of the state's costs related to the outbreak.