The 2009 ABA Journal Blawg 100 - Marlerblog on the List

According to the ABA Journal - These are the 100 best Web sites by lawyers, for lawyers, as chosen by the editors of the ABA Journal. 

The ABA's readers clued them in to a few law blogs they had never seen before, and you'll find them among the 40 blawgs that are new to the list this year.

For a list of all 100 blawgs, complete with their companion Twitter feeds and extra quick takes, click hereTo vote, click here then go to practice specific. 

Here is the ABA Journal description of www.marlerblog.com:

Marler Blog is the flagship of Seattle lawyer Bill Marler’s fleet of 10 blogs devoted to food-borne illness. It covers reports of outbreaks and adds commentary on how governments and corporations should respond to them.

Twitter: @bmarler

Quick Take: Marler took his show on the road, appearing on Larry King Live in October as an expert on food-borne illness.

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Consumer Reports Calls Fowl - US Chickens Tainted with Salmonella and Campylobacter

Consumer Reports published - How safe is that chicken?

Among the findings:

Campylobacter was in 62 percent of the chickens, salmonella was in 14 percent, and both bacteria were in 9 percent. Only 34 percent of the birds were clear of both pathogens. That's double the percentage of clean birds we found in our 2007 report but far less than the 51 percent in our 2003 report.

• Among the cleanest overall were air-chilled broilers. About 40 percent harbored one or both pathogens. Eight Bell & Evans organic broilers, which are air chilled, were free of both, but our sample was too small to determine that all Bell & Evans broilers would be.

• Store-brand organic chickens had no salmonella at all, showing that it's possible for chicken to arrive in stores without that bacterium riding along. But as our tests showed, banishing one bug doesn't mean banishing both: 57 percent of those birds harbored campylobacter.

• The cleanest name-brand chickens were Perdue's: 56 percent were free of both pathogens. This is the first time since we began testing chicken that one major brand has fared significantly better than others across the board.

• Most contaminated were Tyson and Foster Farms chickens. More than 80 percent tested positive for one or both pathogens.

Among all brands and types of broilers tested, 68 percent of the salmonella and 60 percent of the campylobacter organisms we analyzed showed resistance to one or more antibiotics.

Not too surprisingly the National Chicken Council took exception to the Consumer Reports article:

"Chicken is safe. Like all fresh foods, raw chicken may have some microorganisms present, but these are destroyed by the heat of normal cooking. Consumers are encouraged to follow the safe handling and cooking instructions printed on every package of fresh meat and poultry sold in this country.

"A much more comprehensive survey by the U.S. Department of Agriculture found Salmonella and Campylobacter on fewer raw chickens than Consumer Reports. More important is the fact that USDA found that the levels of microorganisms present are usually very low. Consumer Reports failed to perform this analysis. The USDA survey also showed that poultry processing greatly improves the microbiological profile of raw chickens. In fact, the industry does an excellent job in providing safe, wholesome food to American consumers."

The Chicken Council's defense - chicken is not as bacteria-contaminated as Consumer Reports says and its the consumers fault anyway.  Really, is there any wonder why we do not make more progress on food safety?

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Civil Lawsuit in Melamine Milk Scandal Sees the Inside of a Chinese Courtroom, Well at Least a Judge

The New York Times reporter, Edward Wong, reported a few hours ago that a hearing began Friday (our Thursday) in the first civil suit to be heard in a Chinese court involving parents suing a dairy company and a supermarket over selling tainted milk.

In 2008 at least six children died and 300,000 were sickened from drinking melamine-tainted milk products. The melamine had been added by middlemen to make the dairy products falsely appear to meet nutritional protein standards.

Ma Xuexin, who said his 20-month-old son got a kidney stone from drinking tainted milk, filed a lawsuit seeking the equivalent of $8,080 (US) in compensation from the dairy company, the Sanlu Group, and Longhua, a supermarket chain based in Beijing.

Can you imagine what that number would be before a jury in a United State’s courtroom?

Perhaps the demand to the court was low by US standards, but the arguments of the defense lawyers sounded a bit familiar.  Sanlu and Longhua lawyers argued that a government fund (low compensation) was the family’s only recourse, and they also argued that there were no medical records linking the boy’s kidney problems to drinking tainted milk.  Arguing no damages and no causation, a US defense lawyer's stock in trade. Who said that the Chinese court system is not paying attention to what is happening across the Pacific and a day behind?

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Larry King and E. coli O157:H7 Deaths

A friend sent me the below Youtube videos of Larry King's visit with me and the mothers, and one grandmother, of children killed from eating E. coli O157:H7-tainted hamburger that ran last month.  This first video - the first ten minutes of the show - it then got a bit off-track as the hour went along.  My friend sent me the second video because it has Larry mangling the word E. coli several different times - that clip ran on David Letterman, John Stewart, Jimmy Kimmel, etc.  However, despite the humor of Larry in the second video, the first video underscore why government, industry and consumers need to fight to prevent these needless deaths.

 

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Secrecy in Food Poisoning Settlements - Is it Time for Transparency?

I took the time today to read the Seattle Times article by Maureen O’Hagan, “Seattle lawyer turns into healthy food crusader,” and I was struck by a discussion I had with the reporter:

Marler, … says he and his firm, Marler Clark, have pried $500 million in settlements out of companies that have sickened customers. The vast majority of the firm's cases settle. "We have a lot of big cases, $7 (million) to $10 million cases," Marler said. "People don't just give you that kind of money unless you have your foot on their throat."

I won’t say that she did not believe that we had reached $500,000,000 in settlements in the last ten years, but she was skeptical. And, who could blame her. I mean, no matter how hard you look, you will find only one verdict (Finley E. coli O157:H7 Outbreak) and only a few settlements – Jack in the Box’s $15,600,000 settlement with Brianne Kiner, Odwalla’s $12,000,000 - $15,000,000 E. coli O157:H7 settlement, and a $11,000,000 E. coli O157:H7 settlement with BJ’s. Those settlement amounts only became public in part because of mistakes – the defense lawyer failed to seal the BJ’s court file and it appears that Odwalla leaked the settlement despite the parents of the children wanting the settlements to be confidential. The Kiner settlement was different – both sides, the Kiners and Jack in the Box, wanted the settlement to be public.

So, no wonder that Ms. O’Hagan questioned the settlement total. All three settlements that you can find, Kiner, Odwalla and BJ’s, were the exception to the general rule of confidentiality.

The “bottom line” is that defendants (a.k.a., companies that poison customers) and their insurers want confidentiality. Why? What food company really wants to admit that it paid money for poisoning someone? And, what insurance company wants to admit it paid any money at all to anyone at anytime?

As for victims, many agree to the defendant’s desire for confidentiality to get the money that is rightfully theirs for compensation for injuries, while others simply feel that the public does not need to know the amount of the settlement – in essence, a right to privacy.

The reality is that nearly all of the settlement agreements today contain a provision like:

Confidentiality. In further consideration of the payment to be made by Releasee, Releasors and their attorneys, including all individuals employed by or with the Releasors and/or their attorneys agree and represent that the existence of this Agreement, the Agreement itself, the terms of the Agreement, and the allegations of the complaint, are and shall remain confidential. Except as permitted below, Releasors and their attorneys agree that they will not disclose and have not in the past disclosed this Agreement or the contents thereof to any person, organization and/or entity, and will use their best efforts to insure that any such person who is permitted knowledge of the terms of this Agreement, will not violate the letter or spirit of this Agreement and the confidentiality provisions contained herein.

As I said, injured plaintiffs may desire privacy and therefore find confidentiality of settlements – especially for their children – beneficial. Defendants and insurers clearly benefit from secret settlements by both keeping, if they paid, and how much they paid, confidential.

However, does the public as a whole suffer from these confidential settlements?

What if a food company repeatedly causes harm and then covers up, not only the amount of the settlement, but also the cause of the outbreak, through a confidential settlement? And, how does the public benefit from allowing settlements by insurance companies to be secret - especially given that taxpayers have bailed several of these companies out?

However, what if each settlement amount was transparent? What if the media reported on the settlement? What if the public knew about the number of settlements and the amounts? Would it change legislator behavior? Would it change regulatory behavior? Would it change consumer-purchasing behavior? Would it change a companies investment it food safety?

I fear that as long as settlements are confidential we really will never know. Perhaps it is time for transparency?  From here on out, I will only agree to confidential settlements if the clients demand it.

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Coming to an Iphone near you - Food Safety News

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CDC Reports on California, Connecticut, Massachusetts, Maryland, Maine, New Hampshire, New York, and Vermont Outbreak of E. coli O157:H7 Infections Associated with Beef from Fairbank Farms

State health departments, CDC, and the United States Department of Agriculture's Food Safety and Inspection Service (USDA-FSIS) are investigating a multi-state outbreak of Escherichia coli O157:H7 infections. On October 31, 2009, FSIS issued a notice about a recall of approximately 545,699 pounds of ground beef products from Fairbank Farms that may be contaminated with E. coli O157:H7. Health officials in several states who were investigating a cluster of E. coli O157:H7 illnesses, with isolates that match by “DNA fingerprinting” analyses, found that most ill persons had consumed ground beef, with several purchasing the same or similar product from a common retail chain. A number of the illnesses appear to be associated with products subject to these recalls. Two samples from opened packages of ground beef recovered from a patient's homes were tested by the Massachusetts and Connecticut Departments of Health and yielded an E. coli O157:H7 isolates that matched the patient isolates by DNA analysis.

The cluster includes 26 persons from 8 states infected with matching strains of E. coli O157:H7. The number of ill persons identified in each state is as follows: California (1), Connecticut (6), Massachusetts (8), Maryland (1), Maine (4), New Hampshire (4), New York (1), and Vermont (1). Of these, the genetic associations of 24 human isolates and both of the product isolates have been confirmed by an advanced secondary DNA test; secondary tests are pending on others. Depending on the results of continuing laboratory testing and ongoing case finding, the number of persons determined to be in this cluster may increase or decrease.

The first reported illness began on September 17, 2009, and the last began on November 6, 2009. Nineteen patients are reported to have been hospitalized and 5 developed a type of kidney failure called hemolytic uremic syndrome (HUS). Two deaths have been reported. Fifty percent of patients are male and 38% are less than 18 years old (range 1 to 88 years).

Most of the beef packages in the recall bear the establishment number "Est. 492" inside the USDA mark of inspection and have identifying package dates of "091409", "091509" or "091609". Consumers are urged to check their refrigerators and freezers for beef products produced by this firm and purchased on or after September 15, 2009 and discard or return the recalled beef products to the place of purchase for a refund. Customers with questions about the source of a package of beef should contact the place where they purchased it (e.g., grocery store, club store, or meat market).

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I do not believe in the death penalty for selling tainted food, but you just have too wonder?

The big news in China after I got home from this year's China Food Safety Conference is "Pair Executed Over China Tainted Baby Milk" that is running in paper's around the world this morning (not actual photo):

Two men have been executed for their part in China's tainted milk scandal. Both men faced a firing squad for their part in producing and selling contaminated milk that left tens of thousands of babies sick and six babies dead.

The milk was contaminated with melamine, which can cause kidney failure and kidney stones.  Melamine is an industrial chemical used in the manufacture of plastics and fertilizers. When added to the watered-down milk it gave a false protein level which fooled local safety inspectors testing for protein levels.

Many Chinese are suspicious that the tainted milk scandal was covered up by companies in the months prior to the Olympic Games in August 2008. Warnings from parents and doctors were ignored, they say.

Geng Jinping and Zhang Yujun were executed with a bullet to the back of the neck. Geng, who managed a milk production centre in Hebei Province, was sentenced to death last year for selling hundreds of tons of tainted milk. Zhang, a cattle farmer, was given the death penalty for producing the so-called "protein powder" containing Melamine. Tia Wenhau, a 66-year-old woman, was given a life sentence at the trial. She was the highest ranking executive charged in the food safety scandal.  The harsh sentences are an indication of China's determination to crack down hard on those involved in food safety issues.

The milk scandal was one of China's worst food safety blunders and was a cause of huge embarrassment to the Chinese government, breaking just after the euphoria of the summer Olympics last year. Hundreds of families whose children were sickened tried to sue the milk-producing companies. But the government offered one-time payouts using money from the dairies, which prevents families suing for more unless they can prove they were forced into the plan.

I do not agree with the death penalty.  You have too wonder, however, if you changed the story above slightly by adding the very long list of names of US food poisoning outbreaks, US corporate executives, US food safety government officials and US citizens and had the same outcome, if we all would view food safety slightly differently? 

Plug in this year's Salmonella outbreak in the United States caused by Stewart Parnell and the Peanut Corporation of America (PCA), the FDA, the 700 sickened and at least 9 deaths and the PCA bankruptcy - you get the point.

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Quote of the Day - With Friends Like These ........

"There's plenty of people in the meat industry who, if they looked in the rearview mirror and saw they accidentally ran over Bill Marler, they'd put the car in reverse and make sure," said David Theno, a food-safety expert hired to revamp Jack in the Box after the outbreak.

Theno, it should be noted, considers Marler a friend.

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Seattle Times Weighs in on Food Safety

Here in Seattle we are down to one major daily, and every once in awhile they step up and do an interesting article or two.  In the Pacific Northwest weekend magazine published by the Times is an article, "The Green Issue:  Our Food, Ourselves," which I can not seem to find online.  There are a few other articles this morning that I found a passing interest:

Food-safety lawyer's wish: Put me out of business

Sprouts, raw fish on attorney's 'do not eat' list

I love the comments.

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Settlements Reached in E. coli Lawsuits Against Aunt Mids and Santa Barbara Farms

On September 15, 2008, Ingham County Health Department (ICHD) was notified that nine students of Michigan State University (MSU) were seen in the emergency department over the weekend with gastrointestinal symptoms of abdominal pain, diarrhea, and bloody diarrhea. Lab cultures had confirmed that at least two of them were positive for E. coli O157:H7. The ICHD then launched an investigation with help from the Michigan Department of Community Health (MDCH), and both the United States & Michigan Department of Agriculture (MDA).

Over the ensuing days it became clear that the outbreak was not limited to MSU. While at MSU, the reported number of E. coli O157:H7 cases had risen to 18 (3 confirmed, 15 probable), there were also a reported 12 cases at Lenawee County Jail (5 confirmed, 7 probable). In fact, by September 29, a total of 26 confirmed cases of E. coli O157:H7 with the same genetic fingerprint had been reported to MDCH, from eight Michigan counties. Additionally, nine individuals in Illinois and three from the Province of Ontario had also been identified with the same genetic strain of E. coli O157:H7.

By this point, there was also strong epidemiological evidence linking the outbreak to institutional size, bagged iceberg lettuce. Two separate case-control studies had been conducted by MDCH at MSU and the Illinois Department of Public Health, and both implicated iceberg lettuce as the source of contamination. As a result, the MDA coordinated a traceback investigation of iceberg lettuce and found that the common supplier of all iceberg lettuce to MSU, the Lenawee County Jail, a restaurant in Illinois, as well as other foodservice locations identified by ill individuals, was Fresh-Pak Inc., distributed under the name, “Aunt Mid’s.”

The MDA subsequently conducted product and environmental sample testing at Aunt Mid’s. Though the tests did not find E. coli, testing was on current products, not on products from the outbreak timeframe. Lettuce from the outbreak timeframe was not available for testing during the investigation due to the perishable nature of the product.

Meanwhile, the toll of people affected by the E. coli O157:H7 outbreak had increased. By October 3rd, Michigan had identified 34 cases in nine counties with the same PFGE pattern by two enzymes. This included: nine students from MSU (Ingham County), five inmates at the Lenawee County Jail, three students at the University of Michigan and one in Washtenaw County, five in Macomb County, five in Wayne County, three in Kent County, and one each in St. Clair, Oakland, and Genesee Counties. The onset dates of symptoms of these confirmed genetically linked E. coli O157:H7 patients ranged from September 8 to 19.

The epidemiological investigation by MDA, which had already identified Aunt Mid’s as the common supplier of iceberg lettuce, soon revealed the likely origin of the contamination Using illness dates, ship dates, and delivery dates, the MDA was able to narrow the origin to California. The California Department of Public Health then assisted the investigation by surveying 15 possible supplier farms. By October 10, Michigan and California had both traced the lettuce supplied to the initial cases to Santa Barbara Farms in Santa Barbara, California.

We represented several MSU students.

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Yet another E. coli O157:H7 Outbreak Linked to a Children's Animal Petting Zoo

Colorado health officials said yesterday that a Denver-area E. coli outbreak in January and February was likely caused by exposure to animals at the National Western Stock Show in Denver. The report Friday from the Colorado Department of Public Health and Environment said the outbreak probably originated in a "Feed the Animals" exhibit in the children's area. Investigators weren't able to pinpoint the exact animal that may have caused the outbreak.

Thirty E. coli cases were identified in the outbreak. Of those, nine people were hospitalized. Stock show President and CEO Pat Grant said there will now be signs warning of potential risks at stock and agricultural shows and of the need to wash hands and observe proper hygiene.

This report comes after reported outbreaks in Canada in September that sickened over a dozen.  Also in September nearly 75 children were sickened in England while visiting at least two farms.

Several years ago I started a website – www.fair-safety.com to document the number of outbreaks linked to animal exhibits. There are more than you would think. What is amazing about each of the outbreaks is the similarity of the cause (children being near animals that poop) and the uniformity of inaction by health officials. I clearly need to update my site.

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E. coli Lawsuit Filed in Maine Against Fairbank Farms

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Settlement Reached in Yet Another E. coli Raw Milk Case

A confidential settlement was reached yesterday in the following outbreak:

On May 12, 2008 the Lawrence County Health Department (LCHD) was notified of a case of HUS in a child with a history of bloody diarrhea. The health care provider reported that the child had consumed unpasteurized goat’s milk obtained from a local store, the Herb Depot, in Barry County, Missouri. The milk had been purchased on April 29, 2008. It was quickly learned that an additional Barry County child that had cultured positive for E. coli O157:H7 had also consumed unpasteurized goat’s milk from the same store. As a result, the LCHD contacted the Missouri Department of Health and Senior Services (DHSS) who began a full epidemiological and environmental investigation of the illnesses. The investigation revealed that the milk consumed by both ill children had been produced at Autumn Olive Farms.

We represent two of the HUS cases. Nicole Riggs is 9 years old. She lives in Willard, Missouri with her mother, Julie; father, Dustin; and her younger sister, Christina. Larry Pedersen is a 2-year-old toddler. He lives in Monett, Missouri with his parents, Brian and Angela, and his two older sisters, Hailey and Kelsey. Both had a severe episode of HUS as demonstrated by over a week of anuria [no urine output], oliguria [low urine output] for an additional week. Both needed dialysis to survive. Both were hospitalized for over a month. Medical bills were over $100,000 for each.

At the conclusion of its investigation, the DHSS ultimately announced that there were four cases of E. coli O157:H7 associated with the outbreak. Of these, three were laboratory confirmed, and one was identified as a probable case. Each of these individuals resided in different counties in Southwest Missouri, and were not known to have any relation to each other. Nonetheless, each shared a common exposure to milk from Autumn Olive Farms. In addition, the three culture-confirmed cases shared a common, indistinguishable genetic strain of E. coli O157:H7. The strain was identified as a unique subtype of E. coli O157:H7, never before reported in Missouri. Each of the four cases had consumed milk from Autumn Olive Farms within 3-4 days of onset of illness. The DHSS reported: “no other plausible sources of exposure common to all four cases were identified [other than the milk.]” The final outbreak report ultimately concluded: “the epidemiological findings strongly suggest the unpasteurized goat’s milk from Farm A [Autumn Olive] was the likely source of infection for each of the cases associated with this outbreak.”

Given the above, I find the below odd:

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Alamosa Salmonella Outbreak Linked to Leaky Water Tank

A state report has indicated the city of Alamosa ignored a recommendation to have a deteriorating drinking water tank inspected years before the 2008 outbreak that sickened hundreds. The final Department of Public Health and Environment Report on the outbreak was released Wednesday along with an Executive Summary and Appendix.

The report found animal waste likely contaminated an in-ground storage tank that had been identified as a problem in 1997. The 2008 outbreak included 442 reported cases of illness, but state health officials estimate as many as 1,300 of the towns 8,900 residents were sickened. One death was associated with the outbreak.

Also see Youtube Links:

Alamosa Outbreak Photo Journal Slideshow

Alamosa Outbreak Investigation

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Government Accountability Project (GAP) Speech of Protecting Food Integrity

I am the Luncheon Speaker Friday (I always find it odd when I am asked to speak over a meal).  Here is the outline of Speech at The Government Accountability Project (GAP) - videos can be found on right.

The Government Accountability Project (GAP) is a 32-year-old nonprofit public interest group that promotes government and corporate accountability by advancing occupational free speech, defending whistleblowers, and empowering citizen activists. We pursue this mission through our Nuclear Safety, International Reform, Corporate Accountability, Food & Drug Safety, and Federal Employee/National Security programs. GAP is the nation's leading whistleblower protection organization.

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S 510 - FDA Food Safety Modernization Act "Mark-up" on to Senate Floor

It has been a busy few days.  I spent all day and evening Wednesday trying to resolve a number of E. coli O157:H7 cases involving the Barbecue Pit and Nebraska Beef in South Georgia - made some progress, but not there yet on all the cases.  This morning was the deadline given to the insurers to resolve two Hemolytic Uremic Syndrome cases linked a raw goat milk E. coli outbreak in Missouri.  The insurers, the farm, the store and the families opted to settle the claims.

In the meantime, I am trying to keep up on the comings and goings in Washington D.C. - food safety in particular.  Attached you will find the HELP Committee Chairman's "Mark-up" of S 510, which was adopted by the Committee.  It now moves on to the full Senate.  Assuming it passes, there will be a Conference Committee to work out the details of the House version, HB 2749.  I have not had time to read the "Mark-up," (click on image of bill to download) but have time this evening in addition to preparing my speech for Friday at the Government Accountability Project.

Regarding S 510, I understand that four amendments were accepted.

Sen. Murkowski - To require a study of food transportation that includes an examination of the unique needs of rural areas.

Sen. Murkowski - To require that the Secretary update the Fish and Fisheries Products Hazards and Control Guidance.

Sen. Burr - To clarify certain provisions with respect to alcohol wholesalers (exempting wholesalers in addition to producers from Sec 103, preventive controls. Sen. Murray cosponsored)

Sen. Burr - To ensure that the Secretary carries out consultation and outreach with various types of entities engaged in the production and harvesting of fruits and vegetables that are raw agricultural commodities, including small businesses and entities that sell directly to consumers and farmer representatives.  Require more public meetings/consultation with producers, growers, etc. Sen. Bennet cosponsored).

So, I guess I will start reading while looking out the window.

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Barbecue Pit E. coli O157:H7 Outbreak and Nebraska Beef's Problem History

The E. coli Outbreak at the Barbecue Pit

The E. coli O157:H7 outbreak that is the subject of this claim is but one part of a big, multistate outbreak that seriously injured dozens of innocent victims. The source of the E. coli O157:H7 that infected all these victims was adulterated meat manufactured and sold by Nebraska Beef, a company from which no reasonable restaurant, grocery store, or any other retail outlet should have ever been doing business. For its part, the Barbecue Pit, a restaurant that very definitely used Nebraska Beef meat—top sirloin butt—may or may not have known that Nebraska Beef was its source. But there is no question that the outbreak was caused by cross-contamination in the restaurant.

At the request of the Southwest Georgia Public Health District, Barbecue Pit shut-down temporarily, on July 2, to give investigators full access in their hunt to determine if the restaurant was the source of infection that had sickened scores of people in the area. It was subsequently confirmed that the restaurant was in fact the source of infection. Tests of meat samples from the restaurant were positive for E. coli O157:H7, and PFGE testing of the bacterial isolated were found to be indistinguishable from patient isolates. The tests also found that these isolates were indistinguishable from national outbreak pattern—i.e., the previously-identified strain that had caused infections in other parts of the country.

An environmental investigation conducted at the restaurant found much evidence of cross-contamination attributable to unsafe practices. The restaurant used the gooseneck cuts to make shredded beef and ground beef, which it ground itself. There were no grind-logs kept, however. More troubling, there was no designated hand-washing sink, and the one available sink for hand-washing was also used to wash lettuce. The meat grinder was also found to be in close proximity to the coleslaw chopper, and cutting boards were old, deeply cracked, and used interchangeably for cutting meat and other food items. Finally, raw meat was stored in cracked plastic dishwashing bins that were difficult to clean. As a result, there was ample proof that customers were infected by the consumption of tainted food made that way through cross-contamination from adulterated Nebraska Beef meat.

Nebraska Beef’s Six-Plus Years of Serious Food Safety Violations

Nebraska Beef and its meat-processing plant not only has a long history of safety and health violations, it has repeatedly been the target of USDA efforts to shut it down, including this year. This sordid history is summarized in a recent front-page, investigative news article that was published in the Washington Post, which stated:

Nebraska Beef has a contentious history with the USDA. Over the past six years, federal meat inspectors have repeatedly written it up for sanitation violations, and the company has fought back in court.

From September 2002 to February 2003, USDA shut down the plant three times for problems such as feces on carcasses, water dripping off pipes onto meat, paint peeling onto equipment and plugged-up meat wash sinks, according to agency records.

After the third suspension, Nebraska Beef took USDA to court, arguing that another shutdown would put the company out of business. A judge agreed and temporarily blocked the department. The USDA and the company then settled out of court and inspections resumed. However, when federal meat inspectors found more violations, Nebraska Beef sued the department and the inspectors individually, accusing them of bias. The suit was later dismissed.

In 2004 and early 2005, Nebraska Beef ran afoul of new regulations aimed at keeping animal parts that may be infected with bovine spongiform encephalopathy, or mad cow disease, out of the meat supply. Meat processors are required to remove certain high-risk parts, such as brains and spinal cords. Between July 2004 and February 2005, federal meat inspectors wrote up Nebraska Beef at least five times for not removing spinal cords and heads, according to USDA records obtained by Food and Water Watch, a Washington advocacy group. The company corrected the problems.

In August 2006, federal meat inspectors threatened to suspend operations at the packing house for not following requirements for controlling E. coli. The company corrected the problem a week later, USDA records show.

The hundreds of safety and sanitation violations from April 2002 through February 2003 include dozens of instances of documented fecal contamination—the major source of E. coli O157:H7—on beef carcasses and other cut meat items, like chuck rolls. There were also repeated instances where failures were identified in the plant’s E. coli testing program. And nearly every violation for that time period involved the plant’s failure “to prevent insanitary conditions or the adulteration of product.”

Ultimately, it was the regrettable history of food safety violations, and the threat the plant and its meat products posed to the public health, that prompted the USDA to conduct a “comprehensive public health assessment…during the week of September 2, 2002.” According to the legal brief later filed by the USDA in its attempt to shut down Nebraska Beef’s plant and operations:

That assessment was conducted because Nebraska Beef was one of the few suppliers of meat products used to prepare ground beef which was identified to contain E. coli O157:H7. The evidence…will show that Nebraska Beef provided a large amount of the meat products used to prepare the contaminated ground beef.

Accordingly, USDA argued that the Court should not prevent it from shutting the plant down, explaining:

FSIS has determined after extensive oversight that Nebraska Beef’s HACCP system is not working, and that its products are being produced under insanitary conditions that may make them unsafe for human consumption….Anyone who might handle or consume Plaintiffs’ [Nebraska Beef] products is therefore being exposed to greater than normal risk.

There is ample evidence that Nebraska Beef continued to run its meat-processing plant in a way that put the public at a “greater than normal risk” when consuming its products. This risk was because the plant’s HACCP and other safety systems—e.g., Standard Sanitation Operation Procedures (SSOP’s) and E. coli testing program—were insufficient or simply not working. The earlier E. coli outbreak caused by Nebraska Beef meat that occurred during the summer of 2006 is but one piece of such evidence. Indeed, in a striking replay of what had occurred in 2003, the USDA once more tried to shut down Nebraska Beef’s plant. Specifically:

On August 3, 2006, the Food Safety and Inspection Service (FSIS) issued establishment 19336, Nebraska Beef, a Notice of Intended Enforcement (NOIE). This decision was based on the finding noted during the Comprehensive Food Safety Assessment performed at [its] establishment from July 10, 2006 through August 3, 2006.

Not coincidentally, this time period was the one leading up to and including the same time period as the first Nebraska Beef E. coli Outbreak.

The NOIE Letter that FSIS sent to Nebraska Beef on August 3, 2006 is replete with examples of unsafe and insanitary practices and conditions at the plant in the months—if not years—leading up to the Longville E. coli outbreak. FSIS notes numerous noncompliances, including: the insufficiency and failure of its E. coli testing program; the failure to maintain or implement SSOP’s in compliance with regulatory requirements; and HACCP system that was inadequate because it “allowed adulterated product to be produced,” and failed to meet numerous other regulatory requirements.

Another Outbreak, and FSIS Attempt to Shut Nebraska Beef Down

Since the Longville E. coli outbreak, Nebraska Beef has been involved in another E. coli O157:H7 outbreak linked by FSIS, CDC, and other public health officials to contaminated meat products like those implicated in the present case—i.e., 60-pound boxes of Nebraska Beef chuck rolls. See, e.g. FSIS Recall No. 022-2008, dated June 30, 2008. According to FSIS:

[it] has concluded that the production practices employed by Nebraska Beef, Ltd. are insufficient to effectively control E. coli O157:H7 in their beef products that are intended for grinding. The products subject to recall [including chuck rolls] may have been produced under insanitary conditions.

See, e.g. FSIS Recall No. 022-2008, dated June 30, 2008. The cited practices and conditions have also been explicitly linked to insufficiencies that were subject to FSIS Noncompliance Reports as far as April 25, 2002 involving, among other things, insanitary practices in the fabrication area—i.e., the part of the plant where carcasses are turned into primal and subprimals. The Nebraska Beef plant has been operating with a broken safety system for over six years, and all aspects of its plant and operations are evidence of Nebraska Beef’s long history of continuing negligence—indeed, negligence so severe that it appears consciously indifferent to the safety and well-being of the consuming public, including the plaintiffs in this present action.

Unfortunately, not many ordinary consumers know of the systemic problems at Nebraska Beef, and those who are unaware have regrettably placed their faith in this company who so woodenly adheres to its intransigent, dilapidated, and mostly non-existent, food safety practices. The world would certainly be a better place if Nebraska Beef simply vanished as a link in our country’s food chain.

Perhaps more reprehensible than Nebraska Beef, however, are the companies that continue to buy or use Nebraska Beef’s products. These companies, which include many otherwise respectable organizations like Kroger and Whole Foods, simply have no excuse for what transpired in summer 2008. These companies have actual knowledge of the USDA’s repeated efforts to shut Nebraska Beef down.

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Pictures from last week's China Food Safety Conference

For those avid blog readers who wondered what happened to me last week, I was doing more than hiking the Great Wall.

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WHO - a Global Approach to Food Safety

WHO was a presence at the recent China Food Safety Conference.  Here is too hoping more governments - FDA and USDA - spend a bit more time thinking about food safety as a global issue.

Millions of adults die every year from bugs and toxins in what they eat, according to new WHO data that shows food-borne diseases are far more deadly than the UN agency previously estimated.

The research faults unsafe food for 1.2 million deaths per year in people over the age of five in Southeast Asia and Africa — three times more adult deaths than the Geneva-based WHO had thought occurred in the whole world.

“It is a picture that we have never had before,” WHO food safety director Jorgen Schlundt said in an interview. “We now have documentation of a significant burden outside the less than five group, that is major new information.”

Ailments linked to contaminated food and water have long been seen as a major threat to young children, who can dehydrate quickly. But the Danish veterinarian and microbiologist said the risks to older populations had been grossly underestimated.

Older children and the elderly are especially vulnerable to severe illness from major food and water-borne diseases such as salmonella, listeria, E. coli, hepatitis A and cholera.

Food safety experts are now seeking to measure the burden of such afflictions in people over the age of five in the Arab world, Latin America and elsewhere in Asia including China.

And already, Schlundt said, health officials are recognizing the need to confront the most dangerous types of contamination in their industrial regulations and trade standards.

“Literally millions are dying every year and we know that a lot of these could be prevented,” he said. “There is a realization that instead of doing what we did in the past, in the future we should really focus on where the problems are.”

Many of the contaminants that have made headlines in recent years in the US, such as salmonella and E. coli, also exist in poorer countries but are not monitored as carefully there, Schlundt said.

Health authorities in developed countries are now much more able to document food safety risks because of tests that can quickly connect disparate cases of illness to tainted foods such as lettuce, peppers, spinach and beef.

But the WHO expert said that some ailments have also become more prevalent in the food system alongside the globalization of the food supply and the rise of modern food production methods, which can propagate ailments quickly and on a large scale.

“There are certain pathogens that have increased over the last 20 or 30 years. Some problems clearly have moved and become bigger because of the ways that we produce,” he said.

Simple steps can cut the levels of chemicals and toxins in foods, such as avoiding conditions where mould can grow, Schlundt said. Farming techniques can also root out microorganisms from the food chain and parasites can be wiped out by targeting their hosts and transmission patterns, he said.

Because it is now clear that some foods are more vulnerable to certain food-borne ailments than others, health officials are well placed to focus their energies on monitoring areas posing the highest potential disease risk, Schlundt said.

Another vital part of the food-borne disease fight is having consumers take precautions in the way they prepare foods, and ensuring patients and health workers take symptoms such as diarrhea seriously as a risk across population groups.

“Many of the deaths that we see in developing countries, if they had been treated at the right time, they would not have died,” Schlundt said.

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"Change?" Give me a $%&#ing Break - FDA backs off oyster ban after strong criticism

I'm still dealing with a bit of jet lag from my trip to China.  I woke up too early this morning (about 1 AM), and just woke up from a nap in my office chair to yet another move by the Obama administration that shows that "real change" in Washington is hard to come by - unless it is another cash request by a political candidate. 

First, let me make clear that I dumped a lot of "change" into the Democratic change wagon - I have given or raised millions of dollars for Democratic candidates over the last several years.  My goal was to put people in office that did good public policy.  Well, I guess I needed to wake up literally and figuratively. 

So, the food safety reality?  "Real change" Legislation is bogged down in the Senate, and despite overwhelming public and industry support, the bill will likely not come out of committee until next year - "change is on the way?" 

Now, the FDA runs and hides from the Oyster industry.  Here is what AP just posted on the wire:

Facing fierce resistance, the Obama administration on Friday backed off a plan to ban sales of raw oysters from the Gulf of Mexico during warm-weather months.

The abrupt turnaround came as oyster-lovers and industry officials — as well as Democrats and Republicans across the Gulf — blasted the plan as unnecessary government meddling. Industry officials said it could have killed a $500 million economy and thousands of jobs.

"They might have been tone-deaf in the beginning, but they got the tune pretty quickly and listened to what we had to say," said Sen. Mary Landrieu, D-La., who said FDA Commissioner Peggy Hamburg notified her of the decision Friday afternoon. "I'm really thankful that they listened."

About 15 people die each year in the United States from raw oysters infected with Vibrio vulnificus, which typically is found in warm coastal waters between April and October. Most of the deaths occur in people with weak immune systems caused by health problems like liver or kidney disease, cancer, diabetes, or AIDS.

While the total number of deaths is small compared with the annual estimates of 5,000 U.S. deaths from food-borne illnesses, FDA officials say it is a relatively high frequency that could be easily eliminated by processing oysters through treatments such as pasteurization.

Industry officials argue that anti-bacterial processing is too costly. They also say the treatments ruin the fresh taste and texture of raw oysters, which are considered a delicacy by many, particularly in the Gulf, which supplies about two-thirds of the U.S. oyster harvest.

The oyster industry has been working with regulators for years to improve its safety performance by increasing refrigeration and trying to raise awareness of the hazards to people with weak immune systems.

But the FDA says the results haven't changed much.

The FDA proposal — which was announced last month and had been slated to go into effect in 2011 — would have prohibited sales of raw oysters from the Gulf for much of the year unless the shellfish were treated.

Perhaps the FDA should never have passed the ban to begin with, but FDA, get some b%$*%s for goodness sake.  "Change you can believe in" my a%$!  Democratic candidates - do not bother calling, this "change" machine is out of order.

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What will the USDA do about non-E. coli O157:H7 Shiga Toxin E. coli?

Several weeks ago I filed with the USDA a Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli, Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1). The Petition can be found here.

I just received notice that the USDA received it.

Now, let's see what happens next.

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Speech at China Agricultural University School of Law

Perhaps not quite on par with the Great Wall or the Forbidden City, yet meeting the about 150 law students was pretty exciting - even for my 10-year-old daughter, Sydney (she took the photo).  Think of China Agricultural University as a Davis/WSU/Cornell with a Law School.

I had been invited to speak by Dean Yu Huajiang and Sub-Dean Ge Min.  My talk, which I posted earlier, was an overview of the US Civil Justice System - specifically, how food litigation happens.  The students were engaged and most spoke English extremely well.  Many of the questions involved comparing the Chinese regulatory model with the US version.  Some wondered about restrictions on Chinese imports due to food safety issues over the last few years.  We also had a long discussion about whether a jury trial of citizens was the best way to seek justice. 

What I found most interesting is how open the students were about problems that they saw in their legal system, yet how clear-eyed they are about the problems in ours.

One very interesting question was somewhat personal.  One of the students wanted to know how I managed to run a law practice, travel the US and the world speaking about food safety and the civil justice system, and still have a family.  Tough question.  It helps to have great, intelligent daughters and a supportive wife that understands that I love my job.

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Food Safety News Supported Third China Food Safety and Quality Conference

Despite postponing the Conference from late September until this week for the 60th anniversary of the Revolution, CIFSQ once again put on a quality Conference with several hundred in attendance for dozens of countries. Food Safety News – www.foodsafetynews.com was a presence – sponsoring the speaker’s dinner the first night of the Conference. Please check out the speakers list www.chinafoodsafety.com.

This was the third year that Marler Clark was one of the lead sponsors of the event. I was asked by one of the attendees after my keynote address (topic was the Peanut Corporation of America Salmonella outbreak) why we would take the time to support a Conference thousands of miles from home. Bottom line is that the Conference makes sense to support because the Chinese care about food safety. Shocked, do not be. The Chinese Government and business (some would argue they are one in the same), get that selling food to the USA and other countries requires that you not poison the customers. My goal is simply to support their understanding that poisoning customers have legal and financial consequences.

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Comparing the Food Safety Record of Pasteurized and Raw Milk Products - Part 4

Part 1 and Part 2 of this series examined the historical context of the debate surrounding dairy product food safety, and the mechanisms by which pasteurized or raw dairy products may become contaminated with foodborne pathogens. Part 3 compared foodborne illnesses and disease outbreaks linked to raw and pasteurized dairy products. In this section, the potential risks and benefits that consumers must weigh when buying dairy products for themselves or their children are compared.

Recommendations to move this debate forward in a direction that promotes dairy food safety regardless of processing method will be published in a final summary of this series.

Making a Decision at the Dairy Case, Farmers’ Market, or on the Farm

As described in Part 1, there is considerable variation from state-to-state in the way raw dairy products are regulated in the US. Only a few states allow retail stores or farmers’ markets to sell raw milk, while others restrict sales to on-farm purchases, or ban raw milk altogether (Oliver et al, 2009). The FDA allows cheeses made with raw milk to be sold interstate so long as they have been aged for 60 days.

For consumers who live in states where both pasteurized and raw milk are sold legally for human consumption, there are three broad considerations to weigh when making a choice between the products:

I. Food Quality: including taste, nutrients and other health benefits

II. Food Safety: potential for contamination with dangerous pathogens or toxins

III. Value: including cost to purchase, as well as values such as environmental stewardship, support for community farms

I. Quality and Health

a. Nutrients

The websites that promote raw (unpasteurized) milk products often claim that there are substantial losses in nutrients due to the heat treatment used during pasteurization. In contrast, public health agencies such as the FDA and CDC cite nutritional analyses showing that the losses in nutritional content after pasteurization are negligible for the key nutrients that milk provides in the human diet. A comparison of the nutrition labels on raw and pasteurized milk purchased at a retail store shows very little difference between commercial raw, organic milk and organic or conventional pasteurized milk products.

A. Raw whole milk, organic, unhomogenized.

B. Pasteurized whole milk, organic, unhomogenized.

C. Pasteurized whole milk, conventional, homogenized, fortified with vitamin D

The Table below shows the differences on the labels (highlighted in yellow).  Comparison of nutrition labels from three commercial raw and pasteurized milk products.

b. Health Benefits

Overall, the medical benefits of dairy products (raw or pasteurized) beyond basic nutrition are unclear. The “raw milk pros” review published previously showed results from epidemiological studies in Europe that suggested consumption of raw milk products in childhood may help prevent some allergic conditions (e.g., asthma, hay fever, eczema). Both raw and pasteurized dairy producers have also made claims about beneficial or “probiotic” bacteria, and their effects on digestive health and immunity. The science behind probiotics in dairy products such as yogurts and kefirs is an active area of research (Sanders 2009).

Although dairy products may provide health benefits beyond nutrition, consumers should be wary of product claims that appear to be implausible, or "too good to be true." For example, WAPF promotes raw milk consumption for its curative effects on conditions ranging from autism to allergies to tooth decay to lactose intolerance and heart disease. It seems implausible that one food product could provide so many different and unrelated health benefits, which suggests that the claims may be primarily a marketing strategy not founded in sound medical research.

c. Taste

The sensory qualities of milk, cheeses and other dairy products include taste, texture, and aroma. These qualities are mostly subjective, and depend on personal preference. For example, traditional Mexican-style soft cheeses such as queso fresco made with raw milk have a distinctive flavor; however, these raw cheeses have also been associated with a number of outbreaks and illnesses. An interesting intervention to address an ongoing problem with Salmonella in queso fresco cheeses occurred in Yakima County, Washington. Several agencies worked together with the Hispanic community to develop a pasteurized milk queso fresco recipe with a taste and texture as desirable as the raw cheese product (Bell et al, 1999). The educational effort, termed “The Abuela Project” (“abuela” is “grandma” in Spanish) successfully reduced the incidence of Salmonella in that community.

II. Food Safety

In Part 3, CDC data on milk-related outbreaks from 1973-2005 was analyzed. To examine more recent food safety trends, data from surveillance records and the literature from 2000-2007, was analyzed and summarized in the attached tables. This period also coincides with the time that WAPF has been most active in promoting raw milk sales.

As before, the type of milk was divided into three categories:

• Pasteurized milk/cheese
• Raw milk/cheese
• Mexican-style fresh queso fresco cheese (see photo and description in Figure 1c, Part 3 )

The analysis summarized in the Table focused on the four pathogens most often implicated in dairy-related foodborne disease outbreaks: Campylobacter, E. coli O157:H7, Listeria monocytogenes, and Salmonella. The limitations and caveats relating to this type of analysis using surveillance data were described previously in Part 3. Most importantly, we know that many outbreaks and illnesses are not reported to health departments (Mead et al, 1999), thus these numbers are an underestimation of the true burden of illness. But, despite these limitations, the statistics provide a useful snapshot of differences between these three categories of milk products.

Summary of Findings for Four Major Pathogens Involved in Dairy-Related Outbreaks in the US, 2000-2007 are summarized in the table below.

Outbreaks:

• Raw dairy products caused 42 (75%) of 56 dairy-related outbreaks during this 8-year period due to the four major pathogens, which is almost 5 times more outbreaks compared with pasteurized dairy products and about 8 times more outbreaks compared with queso fresco cheeses.
• Outbreaks cause a burden on the public health system because each one must be investigated to determine the cause and prevent future illnesses. Furthermore, outbreaks often involve recalls, which hurt the industry through loss of product, and loss of consumer confidence in milk.
• Both pasteurized and raw milk outbreaks have resulted in farm closures including Whittier Farms in Massachusetts in 2007 (pasteurized milk, listeriosis) and, more recently, Simsbury Town Farm Dairy in Connecticut (raw milk, E. coli O157:H7).

Illnesses

• Pasteurized dairy products caused 2,181 (65%) of 3,371 milkborne outbreak-related illnesses for these four major pathogens, which was approximately 2 times as many illnesses compared with raw dairy products and queso fresco cheeses during this recent 8 year period.
• 84% of these pasteurized milk-related illnesses were due to campylobacteriosis from milk produced and distributed at prison facilities (not sold to the general public).
• These illnesses cause suffering and costs to individuals and their families, as well as increased stress on the health care system.

The Pathogens

Campylobacter: Raw dairy products caused 34 (94%) of the Campylobacter outbreaks compared with only 2 from pasteurized milk and none due to queso fresco from 2000-2007 (Table). The two large campylobacteriosis outbreaks due to pasteurized milk involving 1,844 illnesses were both associated with prison dairies, which suggests that prisoners may be at increased risk of Campylobacter infections if there is post-pasteurization contamination during processing at on-site dairies. The disproportionate number of Campylobacter outbreaks from raw milk is not a new trend. Indeed, since first identified as a human pathogen in the late 70’s, Campylobacter has repeatedly been linked to raw milk outbreaks. In a review of Campylobacter outbreaks in 10 different countries from 1978 to 2002, Miller and Mandrell (2005) identified only 5 outbreaks traced to pasteurized or heat-treat milk compared with 68 outbreaks from consumption of raw dairy products. Unfortunately, WAPF often uses conspiratorial arguments to discount the problem with Campylobacter in raw milk, rather than helping raw dairy producers address the ongoing contamination events with this foodborne pathogen in their products, or downplay the importance of the illnesses. Campylobacter infections usually result in full recovery, but about 1 in 1,000 patients may develop Gillain Barre syndrome (GBS) and become permanently paralyzed. As an example, there was a tragic case of GBS in a previously healthy woman who drank raw milk purchased through an unlicensed herdshare program in 2008; leftover raw milk still in her refrigerator tested positive for Campylobacter.

E. coli O157:H7: From 2000-2007, there were 5 raw milk-associated outbreaks with 232 illnesses including several HUS cases among children compared with 1 outbreak linked to queso fresco cheese and no outbreaks linked to pasteurized milk (Table). In general, milk-related outbreaks due to E. coli O157:H7 are uncommon, but almost always associated with raw milk products when they occur (Rangel et al, 2005; Hussein et al, 2005). The severity of some of the recent E. coli O157:H7 illnesses associated with raw milk and/or raw colostrum consumption by children should be a cause for concern, yet WAPF and other raw milk advocates frequently dismiss these illnesses despite strong epidemiological and laboratory evidence implicating raw milk. For example, two raw milk dairies that specifically followed WAPF principles were associated with 6 cases of HUS among children in Washington and California in 2005-2006 (CDC 2007; CDC 2008). During the Washington investigation, unsanitary conditions were found at the dairy, and the outbreak strain was isolated from the raw milk (see Figure 1a, Part 3 ). The California investigation revealed very high coliform counts in the raw milk and raw chocolate colostrum, which suggested fecal contamination. Although the outbreak strain was not isolated from raw milk during that investigation, other E. coli O157:H7 strains were found in feces from heifers on the dairy. Notably, the California dairy owner later admitted to buying and bottling raw colostrum from surrounding dairies not licensed to sell Grade A raw milk in order to meet his supply demands (a dangerous practice called “outsourcing”); thus, it is theoretically possible that the outbreak strain was introduced into the implicated raw milk dairy from colostrum that was destined to be consumed by calves and/or pasteurized. In 2008, two more E. coli O157:H7 outbreaks were linked to raw goat’s milk sold illegally in Missouri and raw cow’s milk from a Connecticut dairy, respectively. Three children were hospitalized due to HUS, and the Connecticut dairy ultimately closed down. An injunction was sought in the Missouri case.

Listeria monocytogenes: From 2000-2007, there were 3 queso fresco- and 2 pasteurized milk-related outbreaks involving several deaths, still births, premature deliveries (Table). During that same time period, there were no reported outbreaks linked to raw dairy products except those involving queso fresco or Mexican style cheese. In general, dairy products are considered moderate to high risk for listeriosis infections, second only to deli meats and other ready-to-eat processed meats (Swaminathan and Gerner-Smidt, 2007). Pregnant women and persons with weakened immune systems are at much great risk of serious illness from listeriosis than the general population. Historically, soft Mexican-style cheeses such as queso fresco have been associated with severe listeriosis outbreaks, especially cheeses prepared illegally under unsanitary conditions. Sanitation problems were identified as the key factors in both of the recent listeriosis outbreaks that were published. The North Carolina outbreak in 2000-2001, involved consumption of Mexican-style cheese made from raw milk. The cheese was manufactured illegally, and the “outbreak strain” was found in 4 cheese samples and raw milk taken from the farm that supplied the milk (CDC 2001). The Massachusetts outbreak in 2007, involved pasteurized milk from a local dairy and bottling facility that was likely contaminated with Listeria over an extended period of time; three patients died as a result of their infections, and the dairy ultimately shut down. The Massachusetts outbreak underscores the vulnerability of dairy products to becoming contaminated after pasteurization if stringent hygiene is not maintained throughout processing, bottling, and handling of the milk.

Salmonella: From 2000-2007, there were 4 (329 illnesses) pasteurized-, 3 (163 illnesses) raw-, and 1 (135 illnesses) queso fresco-related outbreaks of salmonellosis (Table). Notably, over one-third (233 of 588 illnesses) of the salmonellosis cases during this period were from multidrug resistant strains (MDR) of Salmonella Newport. These outbreaks from MDR Salmonella Newport were linked to raw cheese served at a picnic in 2001 (multistate), pasteurized milk in California in 2004, and Mexican-style cheese served in homes in Illinois in 2006 (Oliver et al, 2009; CDC 2008b), which suggests that the problem may be important in all three categories of dairy products (e.g., pasteurized milk, raw milk, and queso fresco cheese). Additionally, Olsen et al (2004) described an outbreak of MDR Salmonella Typhimurium linked to milk contaminated post-pasteurization involving 96 illnesses in 2000. The issue of antibiotic resistant Salmonella strains in dairy products (whether raw or pasteurized) is a cause for concern.

Although no recent review paper was available, the epidemiology of Salmonella in dairy products appears to be changing. It is also worth noting that a major shift in raw milk-associated salmonellosis occurred over the last three decades. Specifically, in the 70’s and 80’s, there were significant problems with Salmonella Dublin infections and deaths linked to a single, large certified raw milk dairy in California (Werner et al, 1979; Richwald et al, 1988). Since that dairy shut down, the salmonellosis problem with raw dairy products has been greatly reduced in the US. Likewise, in the 80’s and 90’s, two of the largest ever documented salmonellosis outbreaks were linked to pasteurized dairy products including milk (contaminated after pasteurization) and ice cream (cross-contaminated with raw eggs) (Ryan et al, 1987; Hennessey et al, 1996). No similar enormous salmonellosis outbreaks have been documented from pasteurized dairy products in 15 years.

Brucellosis and Bovine Tuberculosis: Although not shown in the table, these diseases continue to occur in the US, but are mostly a problem among travelers that consume raw dairy products in countries where the infections are endemic in cattle or goat populations. Illnesses have also been documented following consumption of raw dairy products imported illegally into the US. For example, from 2001-2004, 35 cases of human bovine tuberculosis were linked to fresh cheese (queso fresco) brought to New York City from Mexico (CDC 2005). Similarly, the two most recent reports of brucellosis outbreaks in California were traced to consumption of imported raw cheeses (CDPH 2009).

III. Values

In addition to food quality and food safety, consumers may also factor cost and other more subjective values into their decision about which type of dairy product they choose to buy. First, there is the actual cost to purchase the product. In general, commercial, Grade A raw milk sold in the US is more expensive than its organic or conventional pasteurized counterparts. For example, the organic, whole raw milk (photo A) cost ~$15/gallon compared with ~$10/gallon (photo B) for the organic, pasteurized whole milk, and ~$6/gallon (photo C) for the conventional, pasteurized milk (each were bought at the same food co-op).  These prices are likely to vary depending on regional differences, but overall raw milk is more expensive than pasteurized milk, and organic milk is more expensive than conventional milk.

Second, beyond the purchase price, many consumers consider other values such as how the milk was produced. Consumers may be willing to pay more for organic dairy products (raw or pasteurized) because of the perceived environmental benefits. Similarly, there is a growing desire to support local, smaller farmers in the community, which potentially creates new niches for dairy products.

IV.  Summary

In summary, consumers must weigh many different factors when choosing the most appropriate dairy product for themselves and their families. The data on outbreaks and illnesses show that there is currently more risk of exposure to foodborne pathogens such as Campylobacter and E. coli O157:H7 from raw milk products compared with pasteurized milk products. Children, pregnant women, and immune-compromised individuals are at higher risk of illness from contaminated raw dairy products and soft cheeses (raw or pasteurized). Both pasteurized and raw dairy products can be dangerous if produced under unsanitary conditions. Consumers should avoid any dairy products sold illegally, especially “black market” raw milk/cheeses, and soft Mexican-style cheeses such as queso fresco sold by unlicensed vendors, or imported illegally into the US.

References

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Food Poisoning is Serious - Read Mari's Story of a Campylobacter Illness Linked to Raw Milk

I am in Beijing at yet another food safety conference.  It is odd really that at each of these conferences - regardless the continent - all tend to talk about the victims of food safety failures in the abstract.  Mari's story is jarringly real.  Click on the below and read the three part story of a food poisoning victim - a raw milk Campylobacter outbreak.

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Lawsuits Filed in Multistate Outbreaks of E. coli O157:H7 Infections Associated with Beef from Fairbank Farms and South Shore Meats

I am heading to a food safety conference here in Beijing sponsored by the Chinese Government.  However, we still had time to keep on top the food safety situation in the United States.

The parents of Andrea Munro, 12, of Marshfield, say their daughter became infected with E. coli after eating Fairbank Farm’s beef on September 24.

On October 31, 2009, FSIS issued a notice about a recall of 545,699 pounds of beef products from Fairbank Farms that may be contaminated with E. coli O157:H7. Health officials in several states who were investigating a cluster of E. coli O157:H7 illnesses, with isolates that match by “DNA fingerprinting” analyses, found that most ill persons had consumed ground beef, with several purchasing the same or similar product from a common retail chain. At least some of the illnesses appear to be associated with products subject to these recalls. A sample from an opened package of ground beef recovered from a patient's home was tested by the Massachusetts Department of Health and yielded an E. coli O157:H7 isolate that matched the patient isolates by DNA analysis.

The cluster includes twenty-eight persons from 12 states infected with matching strains of E. coli O157:H7. Of these, the genetic association of 7 human isolates and the product isolate have been confirmed by an advanced secondary DNA test; secondary tests are pending on others. The number of ill persons identified in each state is as follows: California (1), Connecticut (4), Massachusetts (8), Maryland (1), Maine (2), Minnesota (1), New Hampshire (4), New Jersey (1), New York (1), Pennsylvania (2), South Dakota (2), and Vermont (1).

In the second case, the mother of Austin Richmond, 11, of Lincoln, R.I., says her son was infected with E. coli after eating a hamburger on a school trip to Camp Bournedale in Plymouth. Richmond’s burger was reportedly produced using meat from South Shore Meats, Inc., a subsidiary of Crocetti’s Oakdale Packing. Crocetti's Oakdale Packing Co., doing business as, South Shore Meats, Inc., a Brockton, Mass., establishment, is recalling approximately 1,039 pounds of fresh ground beef patties derived from bench trim as well as mechanically tenderized beef cuts that may be contaminated with E. coli O157:H7.

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E. coli O157:H7 Outbreak Grows

ABC News Reports the growing E. coli O157:H7 Outbreak is spreading West after killing two and sickening dozens in the Northeast.  Now - Maine, Maryland, Massachusetts, Minnesota, New York, New Hampshire, Pennsylvania, Connecticut, Rhode Island, South Dakota, Vermont according to the CDC.

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E. coli Outbreak Update - Two Deaths and Twenty-Six Illnesses Linked to Fairbank Farm E. coli Recall

The CDC now says that two deaths and 26 other illnesses may be linked to contaminated ground beef recalled by Fairbank Farms.  Lola Scott Russell, a spokeswoman for the Centers for Disease Control and Prevention, says one of the deaths involved a New York adult with several underlying health conditions. The other is a death previously reported by New Hampshire officials.

She says all but three of the suspected E. coli infections are in the northeastern U.S. and 18 are in New England. The CDC is investigating all the cases.  Ashville, N.Y.-based Fairbank Farms recalled almost 546,000 pounds of fresh ground beef that may be tainted with E. coli bacteria. The meat was distributed in September to stores from Virginia to Maine.

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South Shore Meats and Fairbank Farms E. coli Outbreaks and Recalls Appear Separate - For Now

On October 26, South Shore Meats in Brockton recalled more than 1,000 pounds of hamburger and steak after 20 Rhode Island students and adults became sick after eating E. coli O157:H7 contaminated meat at Camp Bournedale in Plymouth. A sixth-grade class from Lincoln, Rhode Island and adult chaperones spent several days at an environmental education program at Camp Bournedale in mid-October. Two of the students were hospitalized but were released on October 23.

Then on October 31, Fairbank Farms recalled almost 546,000 pounds of ground beef because E. coli O157:H7 contaminated meat has caused illness and one death. USDA has said that Fairbank Farms is linked to cases of E. coli-related illness in New Hampshire, Connecticut, Maine and Massachusetts. At least on child remains hospitalized in Massachusetts. The USDA says the ground beef was sold at numerous retail stores, including B.J.’s Wholesale, Giant, Lancaster, Price Chopper, Shaw’s, Trader Joe’s and Wild Harvest. In addition, ground beef packaged under the Fairbank Farms name was distributed to stores in Maryland, Massachusetts, North Carolina, New Jersey, New York, Pennsylvania and Virginia, and was likely repackaged for sale.

In nearly 17 years doing E. coli cases, I do not recall two separate outbreaks and recalls occurring in the same geographical area in the same time frame.  It will be interesting to see during litigation (we represent children linked to the Camp and to illnesses in Massachusetts) and discovery, if Fairbanks supplied meat to South Shore.  It will also be interesting to see if any of all of these cases are linked genetically via PFGE.  Bottom line is that people getting sick and dying are still how we do outbreak investigations and issue recalls.  It will be certain that we will be looking hard at finished hamburger testing for E. coli from both plants.

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The Third Annual China International Food Safety & Quality Conference + Expo November 4 and 5, 2009

Sydney and I are packing today for the long flight between Seattle and Beijing. Although we plan a bit of Daddy/Daughter sightseeing, this food safety conference is important.

"The Chinese government attaches great importance to food safety because it is not only in the interest of the Chinese but also people in the world," Premier Wen Jiabao, People's Republic of China

I have two talks.  One a keynote speech where I am going to cover the Peanut Corporation of America Salmonella Outbreak and then a session later in the day on the legal issues surrounding Chinese food imports.  I also have been invited to speak at two universities about how civil litigation happens in the United States.  Click on image below to see the PowerPoints.  I did not attach the videos, but they can be seen here.

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

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