Fourth Salmonella Enteritidis Lawsuit Filed Against Wright County Egg - And, the FBI is in Iowa

Our fourth food poisoning lawsuit was filed today in the enormous egg recall and Salmonella outbreak tied to two Iowa egg farms. The lawsuit was filed against Quality Egg (doing business as Wright County Egg) in the Northern District Court of Iowa, Western Division just as the FDA released its report on Wright County Egg and Hillandale Farms.

“It’s almost a given that these kind of unhygienic conditions would produce contamination and illness. I hoped I had seen the last of this kind of disregard for public safety after the peanut butter outbreak, but this manages to be even worse.”

The plaintiff, a California mother of two young children, ate a custard dessert at a graduation banquet in May 2010. A few days later, she began to suffer from severe gastrointestinal symptoms including abdominal cramps and diarrhea. Her symptoms continued to worsen, and she was admitted to the hospital, where she remained for 4 days. She was released but had to be readmitted at the end of June for another 5 days. While hospitalized, she tested positive for the outbreak strain of Salmonella enteritidis. The California Department of Health confirmed that the eggs used to make the dessert she consumed came from Wright County Egg.

“The FDA report on these farms details appalling conditions,” said food safety attorney Bill Marler. “It’s almost a given that these kind of unhygienic conditions would produce contamination and illness. I hoped I had seen the last of this kind of disregard for public safety after the peanut butter outbreak, but this manages to be even worse.”

In August 2010, Wright County Egg and Hillandale Farms together recalled 550,000,000 eggs due to contamination with Salmonella. To date, 2,403 illnesses have been confirmed in Alaska, California, Colorado, Iowa, Minnesota, Nebraska, North Carolina, Nevada, South Dakota, Texas, and Wisconsin.

And, our investigators have confirmed that the FBI has been in and around the Wright County Egg and Hillandale Farms egg factories.

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Wright County Egg's First ever 483 Inspection Report - It is not too Pretty

As I was boarding a plane to Chicago, my inbox filled up with Wright County Egg's and Hillandale Farm's first every FDA inspection - the so called 483.  Here are the highlights (more like lowlights) of Wright County Egg. Frankly, it was hard to read this one.  I'll leave Hillandale's for another day.  If you want to read them in full, head over to the FDA Website.

• Chicken manure located in the manure pits below the egg laying operations was observed to be approximately 4 feet high to 8 feet high at the following locations: Layer 1 – House 1; Layer 3 – Houses 2, 7, 17, and 18. The outside access doors to the manure pits at these locations had been pushed out by the weight of the manure, leaving open access to wildlife or domesticated animals.

• Un-baited, unsealed holes appearing to be rodent burrows located along the second floor baseboards were observed inside Layer 1 – Houses 1-9 and 11-13; Layer 2 – Houses 7 and 11; Layer 3 – Houses 1, 3, 4, 5, and 6; Layer 4 – House 3.

• Dark liquid which appeared to be manure was observed seeping through the concrete foundation to the outside of the laying houses at the following locations: Layer 1 – Houses 1, 2, 3, 4, 5, 8, 11, 12, and 14; and Layer 3 – Houses 1, 8, 13, and 17.

• Standing water approximately 3 inches deep was observed at the southeast corner of the manure pit located inside Layer 1 – House 13.

• Un-caged birds (chickens having escaped) were observed in the egg laying operations in contact with the egg laying birds at Layer 3 – Houses 9 and 16. The un-caged birds were using the manure, which was approximately 8 feet high, to access the egg laying area.

• Layer 3 – House 11, the house entrance door to access both House 11 and 12 was blocked with excessive amounts of manure in the manure pits.

• There were between 2 to 5 live mice observed inside the egg laying Houses 1, 2, 3, 5, 7, 9, 10, 11, and 14.

• Live and dead flies too numerous to count were observed at the following locations inside the egg laying houses: Layer 1 – Houses 3, 4, 6, 8, 9, 11, and 12; Layer 2 – Houses 7 and 11; Layer 3 – Houses 3, 4, 4, 5, 7, 8, 15, 16, 17, and 18. The live flies were on and around egg belts, feed, shell eggs and walkways in the different sections of each egg laying area. In addition, live and dead maggots too numerous to count were observed on the manure pit floor located in Layer 2 – House 7.

You get the picture, read on if you wish:

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AOL's Andrew Schneider weighs in on E. coli O26

I am heading to Chicago to attend two E. coli O157:H7 mediations and the annual CDC PulseNet conference, and just got the chance to read Mr. Schneider’s “USDA Lax on E. Coli Strain Linked to Beef Recall.”

I would urge all to do so.

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Why does the AMI not want bacteria that can kill you to be considered "adulterants?"

In a letter to USDA Secretary Vilsack on August 18, 2010, J. Patrick Boyle, President and CEO of AMI stated “outbreaks associated with non-O157:H7 STECs in various foods have been documented, but no reported outbreak in the U.S. has been confirmed to be directly linked to beef products.”

Screen shot 2010-08-29 at 7.45.01 PM.pngReally J. Pat?

Interestingly, The CDC estimates that "non-O157 STECs (like O26, O45, 0103, O111, O121, and O145) cause 36,700 illnesses, 1,100 hospitalizations and 30 deaths in America each year." In speaking about the May E. coli O145 outbreak linked to romaine lettuce, Patricia M. Griffin, chief of CDC's Enteric Diseases Epidemiology branch, said it is likely that E. coli O145 [and others have] caused previous food poisonings but has gone undetected because only about 5 percent of clinical laboratories are able to detect it. "The fact that we found it now doesn't mean it wasn't there before," she said. "The ability to look for the organism in ill people and in outbreaks and food has been increasing. We're gradually finding more of these organisms."

She also attached a memo outlining a number of animal contact outbreaks AND an E. coli O111 outbreak in North Dakota with ground beef in 2007.

Perhaps J. Pat did not read the memo?

Although I am not much of a conspiracy theorist, you have to wonder why J. Pat did not get the heads up from FSIS that a non-O157:H7 outbreak and recall [the recent E. coli O26] were brewing before he wrote his August 18th letter?  According to last Friday night’s press release: “FSIS became aware of the problem [E. coli O26 outbreak] on August 5, 2010 when the agency was notified by the Maine Department of Agriculture, Food and Rural Resources of an E. coli O26 cluster of illnesses.”

I will leave it up to the FSIS to explain why they waited from August the 5th until midnight last Friday to inform the public (and J. Pat) of the outbreak that AMI seems to have been waiting for.

Now, J. Pat - Why does the AMI not want bacteria that can kill you to be considered “adulterants?”

FYI - I am putting this Press Release out at 6:00 AM Eastern Time Monday - "E. coli O26 Outbreak and Recall Illustrate Urgent Need for Change."  By the way, I like J. Pat.  in 1999 he actually asked me to speak before the AMI Board of Directors (I spoke just after they all agreed to become "Pioneers" for George W. Bush - $200,000 a pop), but they have never invited me back.  Also, J. Pat and I had a civil debate about E. coli and death on Larry King Live a few months ago.

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Doing my part during the Salmonella Egg Mess

I know realistically that raising a few chickens for eggs in my backyard (presently in the guest room shower) will not change what happened over the last few weeks with the US Egg Industry.  And, I know that the eggs are not necessarily safer, but I felt I needed to do something other than sue some corporation for poisoning 1,400 people.  Plus, my 11-year-old was bugging me all last week about getting some.

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The chicks were not that expensive, nor the feed.  Right now they are housed in an old Hamster cage. However, once the designer coop and the fence are built to keep out raccoons and eagles - well, I do not want to think about how much the eggs will be per dozen.

Update:

The CDC and FDA released FDA's Form 483 reports on Hillandale Farms and Quality Egg LLC (Wright County Egg) Monday. The 483 is a standard form that FDA’s field investigators use to note what they have observed during an inspection. The form does not include the final Agency determination of the company’s compliance with the Federal Food, Drug, and Cosmetic Act, but rather, it details the observations made during the inspection by the inspection team.

Hillandale Farms, New Hampton, IA, 483 Issued 8/26/2010

Quality Egg LLC (Wright County Egg), Galt, IA, 483 Issued 8/30/2010

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Non - E. coli O157:H7 EHEC (O26, O45, O111, O121, O145, and O103) should be "Adulterants"

In light of this weekends recall by Cargill Meat Solutions of approximately 8,500 pounds of ground beef products that may be contaminated with E. coli O26, and the sickening of three people, it is time for the United States Department of Agriculture (USDA) and Food Safety and Inspection Service (FSIS) to deem another six “enterohemorrhagic (EHEC) Shiga toxin-producing serotypes of Escherichia coli (E. coli) strains - O26, O45, O111, O121, O145, and O103 – “adulterants.”

Non-O157.jpgNon-E. coli O157:H7 EHEC as “Adulterants.”

According to the CDC, E. coli O157:H7 causes 73,000 illnesses and 50 deaths every year in the United States. Another six E. coli strains - O26, O45, O111, O121, O145, and O103 - are considered less pervasive, sickening “only” an estimated 37,000 people a year and killing nearly 30. E. coli O157:H7 is considered an adulterant in beef by the USDA (particularly ground beef), the other six strains are not.

Under 21 U.S.C. § 601 … (m), the Federal Meat Inspection Act (FMIA), the term “adulterated:”

shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances: (1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health; ...

It is hard to read the above and not think that the word “adulterated” does not apply to all E. coli. Presently, industry does not test for it because the USDA and FSIS does not require it – because they are not considered “adulterants.” In addition, only five percent of labs in the U.S. routinely test for these other E. coli leaving a gap in our food safety network and the true level of illness unknown.

Non-E. coli O157:H7 EHEC have been found in ground beef.

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Cargill Meat Solutions Sickens Three in Maine and New York with E. coli O26 Tainted Burger

E. coli O26 Outbreak

Screen shot 2010-08-27 at 10.49.24 PM.pngIn another late Friday night press release, FSIS announced that Cargill Meat Solutions Corp., a Wyalusing, Pa. establishment, is recalling approximately 8,500 pounds of ground beef products that may be contaminated with E. coli O26.

FSIS became aware of the problem on August 5, 2010 when the agency was notified by the Maine Department of Agriculture, Food and Rural Resources of an E. coli O26 cluster of illnesses. In conjunction with the Maine Department of Health and Human Services, Maine Department of Agriculture, Food and Rural Resources, the New York State Department of Health, and New York State Department of Agriculture & Markets, two (2) case-patients have been identified in Maine, as well as one (1) case-patient in New York with a rare, indistinguishable PFGE pattern as determined by PFGE subtyping in PulseNet. PulseNet is a national network of public health and food regulatory agency laboratories coordinated by the Centers for Disease Control and Prevention (CDC). Illness onset dates range from June 24, 2010, through July 16, 2010.

* 42-pound cases of "GROUND BEEF FINE 90/10," containing three (3) - approximately 14 pound chubs each. These products have a "use/freeze by" date of "07/01/10," and an identifying product code of "W69032."

The products subject to recall bears the establishment number "EST. 9400" inside the USDA mark of inspection. These products were produced on June 11, 2010, and were shipped to distribution centers in Connecticut and Maryland for further distribution. It is important to note that the above listed products were repackaged into consumer-size packages and sold under different retail brand names.

According to the CDC - non-O157 E. coli STECs (like O26, O45, 0103, O111, O121, and O145) cause 36,700 illnesses, 1,100 hospitalizations and 30 deaths in America each year.  And, tell me why our government has not agreed to adopt my "Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli (E. coli), Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. sec. 601(m)(1)?"

For those interested in a bit more background, look at these links:

Marler's Response to the American Meat Institute Statement on New Bill to Declare Additional Strains of E. coli as Adulterants

Supplemental Reasons Why Non-O157's - like O145 - Should be Adulterants

It is Time (past time) for the FSIS to deem both Shiga-Toxin E. coli and Antibiotic Resistant Salmonella Adulterants

Also, I put my money were my mouth was and funded a $500,000 testing project to both test for non-O157 prevalence and to see if testing was practical.

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Marler Clark to Donate $100,000 to Green Valley High

I was visting my clients, Linda and Richard Rivera, in San Francisco today where Linda is in her 15th month of hospitalization from an E. coli O157:H7 infection.  She has become, in my mind at least, the reason that S. 510 must pass and the President must sign sweeping food safety legislation now.  

We talked for hours about their hopes and fears for themselves and their children, and how they wanted to give back to the High School where Linda worked and their kids went to school.  I offered to help.  

We will be setting up a Linda Rivera/Marler Clark Scholarship to be split between the wrestling program, the special education program and a scholarship for students interested in science - E. coli preferable.

I did get a bracelet out of it (GWTOY - means - "Guess who's thinking of you?")

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Possible Salmonella Typhi link to Fruiti Pops

Typhoid-Outbreak.jpgFruiti Pops, Inc. of Santa Fe Springs has recalled its mamey frozen fruit bars because of a possible link to a rare U.S. outbreak of typhoid fever.  The company said Thursday that the fruit bars were distributed in California, Arizona and Texas since May 2009.

Fruiti Pops says retail stores, ice cream trucks and vending machines sold the frozen fruit bars, which have the UPC number 763734000097.

The company says the frozen fruit bars were made from contaminated mamey pulp that Goya Foods, Inc. voluntarily recalled on Aug. 12, after it was linked to a typhoid fever outbreak in California and Nevada. So far no illnesses have been reported from the mamey fruit bars.

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What if I had a food safety magic wand?

The other morning when I was prepping in another studio to talk with another cable channel about yet another food crisis—this time the recall of a half of a billion Salmonella-tainted eggs that had already sickened at least 1,400—I was asked by a young producer, “Attorney Marler, if you had a magic wand, what would you do to make food safer?”

My first thought (to myself) was, “How the hell do I know, I’m just an ambulance chasing barracuda looking to destroy some poor helpless food manufacturing corporation that just poisoned a bunch of people, cost retail chains hundreds of millions of dollars in recall costs, and damaged its entire sector’s image and sales?”

But then I thought some more. I thought about my nearly eighteen years spent dismantling those helpless corporations to secure medical expenses and lost wages for clients whose lives were destroyed, or ended, because they did something we all do about three times a day: they ate food. I thought about the ICU’s I had been in and witnessed the panic in a parent’s eye as a doctor coldly explained the need for kidney dialysis, or the reasons to stop life support because their child’s brain had stopped functioning. I thought about the heroic struggles in rehab as a brain-injured client learned to brush her hair and teeth, or learn to walk again as the family looked hopefully on. I thought about the fear that these families have as they wonder how they will cope with a disabled future without the resources to pay for it.

And, then I thought, “Give me the damn wand!”

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Egg Salmonella Enteriditis Outbreak and Smoking Guns

smoking gun.jpgWhen lawyers talk about “the smoking gun,” we are usually talking documents, not finding genetically matching Salmonella Enteriditis samples at Wright County Egg and in its chicken feed – but that will work too.

So, where are we? The FDA and Wright County Egg Recall number is still 550,000,000, which was announced August 15. And, newer numbers on those ill are now at least 1,500 according to the CDC. However, we still have very little information on the actual spread of those illnesses on a state-by-state basis.

Now in addition to the questions raised on how this Salmonella Enteriditis outbreak happened, are questions about when Wright County Egg and local, state and federal officials knew that the public was at risk. Someone who I have a great deal of respect for, Jeff Farrar, DVM, PhD, MPH, associate commissioner of food safety at FDA, has defended the government's response to the contamination, which has been criticized by others as too slow.

"We have to strike a balance between being timely and being accurate," he said, noting that the FDA requested that Wright County Egg and Hillandale Farms initiate the recall before lab results had confirmed that the companies' eggs were the source of the outbreak.

It is hard to argue with Jeff. However, because of the litigation we have filed, we received public health records today from the County of Kenosha (WI) Department of Human Services, as part of our ongoing investigation of the nationwide Salmonella Enteritidis outbreak. A partial selection of the records can be viewed here: County of Kenosha (WI) Department of Human Services Records

Among some of the interesting notes:

• An email on August 6, 2010, showing the connection between the Baker Street restaurant outbreak and the larger outbreak: "we were able to link the eggs from Baker Street to a large egg farm in Iowa."

• References to an egg distributor from Milwaukee, Reinhardt, as a common source of eggs to implicated restaurants, and the statement that Reinhardt "receives their eggs directly from Wright County Egg."

• Discussion of clusters of illnesses with a matching strain in Minnesota, as well as "additional restaurant outbreaks in Iowa and Colorado."

• Implication of illnesses in California on August 4, "We have firmly implicated shell eggs as the source in two outbreaks and traceback of shell eggs in our most recent outbreak appears to match egg traceback California has conducted."

• A description of the four restaurant clusters in Minnesota sharing the outbreak strain.

Obviously, we are in the dark (perhaps less so that others) on the particulars at this point, but the first mention of a national outbreak and recall to the public was August 15 (we heard rumblings a few days before that). So, what happened between August 6, or earlier, and August 15? 

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Jeff Farrar, DVM, PhD, MPH (and his team) at FDA find "smoking gun" - Salmonella at Wright County Egg

smokingegg[1].jpgRodent feces are the usual source

Test results from environmental samples at Wright County Egg - one of two related companies believed to have supplied Salmonella - contaminated eggs now under nationwide recall - showed strains of the bacteria with the same DNA fingerprint seen in clinical isolates. Chicken feed at facilities supplying Iowa-based Wright County Egg and Hillandale Farms also tested positive for Salmonella enteritidis with the same genetic fingerprint as 1,300 ill people across the U.S.

In the legal context, any possible defenses that Wright County Egg might have been able to raise are "up in smoke."

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Judge Approves Settlement of Peanut Corporation Salmonella Cases

peanuts.jpgAccording to press reports, late yesterday afternoon a federal judge recommended approval of a $12 million settlement for those sickened or killed in last year's salmonella outbreak tied to a Virginia-based peanut processor.  This includes nearly 50 families represented by Marler Clark.  

U.S. Magistrate Judge Michael Urbanski issued his recommendation late Wednesday for the payments for the more than 120 personal injury claims related to the outbreak. The settlement must now be approved by a bankruptcy court judge.  The outbreak traced to Lynchburg-based Peanut Corp. of America's plants in Georgia and Texas was linked to the illnesses of about 700 people and the deaths of at least nine.  Peanut Corp. filed for Chapter 7 bankruptcy to dissolve amid fallout from the outbreak.  The money provided by the company's insurers will be distributed based on the extent of victims' illnesses.

The settlements reached involved only 125 or of the 714 culture-confirmed cases. It did include all nine of the death claims. Frankly, I am not sure where the near 600 others went. That would be interesting study to see why they did not come forward. The awards to the 125 were partially funded by PCA’s 12M and partially by Kellogg. The amounts on all the claims were based upon prior verdicts and settlements in Salmonella cases with a view to the law of where the claimant resided (some states allow compensation for one thing, but not another). I thought the awards were fair.

And, Stewart Parnell is still not in Jail.

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House to Call Wright Salmonella Egg Man to Testify

Breaking News

Just off the wire from AP:

A House Energy and Commerce subcommittee will hold a hearing on the recall Sep 14. They are inviting Austin "Jack" DeCoster, the head of Wright County Egg, and Orland Bethel, the head of Hillandale Farms. The two farms have recalled more than 550 million eggs after they were linked to as many as 1,300 cases of salmonella poisoning.  The committee is doing an investigation into the recall and has written both companies, along with the Food and Drug Administration and the Agriculture Department, demanding answers on the recall.

Hmm, now I have to fly home early from New Zealand where I am giving a speech on food safety.

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Third Salmonella Egg Lawsuit Filed and Request to Enter Wright Egg Sought

It has been a busy morning in the food safety business.  I was supposed to do a live interview via TV on CNN, but missed the 5:25 ferry to Seattle (it is actually at 5:20).  Thankfully, they let me do a phone in.  I am now off to San Francisco to visit with the Rivera family.  Linda, you might recall, has been hospitalized since May 2009 with E. coli O157:H7 complications.  In between I had the chance to finalize our third Salmonella Egg Complaint and request of Wright Egg lawyers that they allow us entry into the suspect facility.  Hopefully, it will not require an Order from the Court.

Screen shot 2010-08-26 at 8.20.02 AM.pngScreen shot 2010-08-26 at 8.19.20 AM.png

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What will I do when Larry King Retires?

I had the pleasure of discussing Salmonella-tainted Eggs the other evening on Larry King Live with several other interesting guests.

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Sherlock Holmes (a.k.a., Phyllis Entis) cracks the case of the Mystery States

Phyllis.jpgHonestly, I am not sure what I would do (or what the public does) without the solid research by Ms. Entis (efoodalert) on her famous “Recall Round-ups” and setting out the scope of this Salmonella Enteriditis outbreak. It is good to know where the eggs are poisoned and the people are sick. Here is Phyllis’s list of states reporting ill peoplet:  Alaska, California, Colorado, Iowa, Minnesota, Nebraska, Nevada, South Dakota and Texas.

I would add in Wisconsin (Baker Street Deli) and North Carolina (Bullock’s Restaurant).

I expect that list to grow over the next weeks as the CDC provides additional information on where the near 1,300 Salmonella Enteriditis cases are located. 

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Food Safety Legislation Needed to Give CDC Tools to Catch Outbreaks Earlier

I spoke to Mina Kimes about her article, “Egg recall is a golden opportunity to whip food safety into shape,” that appeared in Fortune and CNN this morning about my view of the need to give the CDC more resources to catch foodborne or bioterrorism outbreak sooner. I had blogged about how needed the new food safety legislation is to allow for greater coordination between local, state and federal health authorities – “Foodborne Illness Surveillance in the time of HB 2749 and SB 510” – a few days ago. Here were my thoughts on why the CDC needs the resources:

Screen shot 2010-08-25 at 9.58.06 AM.pngThe lag between problem and recall: "months"

The section of the bill that calls for increased surveillance may be the most pertinent to the current salmonella outbreak. Bill Marler, a Seattle attorney who specializes in taking on food recall cases (including the current egg outbreak), thinks that particular proposal, which calls on the Department of Health and Human Services to establish a pilot project to improve tracking methods and enhance surveillance systems, could have helped regulators catch the outbreak much earlier.

"There's no question in my mind that, if there was more communication and coordination going on between health departments, this thing would have been figured out months ago," says Marler.

Though the salmonella outbreak began in May, the first egg recall didn't occur until mid-August. Such delays are common, says Marler. "If you look back historically at every major food-borne illness outbreak, by the time the CDC or state or local health departments are announcing an outbreak that's nationwide in scope, the outbreak is usually over," he says.

So, Senate, pass S. 510 and lets give our local, state and federal public health officials the tools they need to keep us healthy.

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We could learn something from Jolly Old England - About Salmonella

With 550,000,000 eggs being recalled from 18 states and the number of ill flirting with 2,000, we understandably are not only focusing on the "how did it happen?" but, also "how this could have been prevented?"

good:badeggs.jpgState Ag and Federal (USDA/FSIS and FDA) authorities seem to be going out of their way to let us know that no one was inspecting the "hen houses" linked to this recall and outbreak - or any other hen houses for that matter.  We are being assured that if the "Egg Rule" (which was debated for decades) had been in place in May (when the outbreak began) and not July (when the outbreak was nearly over) this whole mess would not have occurred.  Really?  Here is a summary of the Rule:

• Buy chicks and young hens only from suppliers who monitor for Salmonella bacteria

• Establish rodent, pest control, and biosecurity measures to prevent spread of bacteria throughout the farm by people and equipment

• Conduct testing in the poultry house for Salmonella Enteritidis. If the tests find the bacterium, a representative sample of the eggs must be tested over an eight-week time period (four tests at two-week intervals); if any of the four egg tests is positive, the producer must further process the eggs to destroy the bacteria, or divert the eggs to a non-food use

• Clean and disinfect poultry houses that have tested positive for Salmonella Enteritidis

• Refrigerate eggs at 45 degrees F during storage and transportation no later than 36 hours after the eggs are laid (this requirement also applies to egg producers whose eggs receive a treatment, such as pasteurization).

• Environmental Testing for SE. There are specific requirements on when and how to test for SE and coordination with pullet testing.

• Egg Testing for SE. Whenever you have reason to know/suspect of presence of SE. Two week intervals in positive poultry houses.

It seems to me that the above are both common sense and minimum requirements for producing eggs - especially when you are producing them from millions of chickens for the consuming public..  Furthermore, how is the FDA going to inspect these plants when it does not now have the manpower to inspect the thousands of other food manufacturing plants it is supposed to inspect now?

Perhaps looking back across "the pond" might give us a way out of this scramble.

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Busy Video Morning on CNN and MSNBC

I did two of the cable channels before 7:00 AM this morning in between doing three radio shows:

 

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CDC Update of Salmonella Enteritidis Infections Linked to Eggs

In May 2010, CDC identified a nationwide increase in the number of Salmonella Enteritidis isolates with PFGE pattern JEGX01.0004 uploaded to PulseNet, the national subtyping network made up of state and local public health laboratories and federal food regulatory laboratories that performs molecular surveillance of foodborne infections. This increase is evident in the epidemic curve, or epi curve. During May 1 to July 31, 2010, a total of 1,953 illnesses were reported. However, some of these cases may not be related to this outbreak. Based on the previous 5 years of reports to PulseNet, we would expect approximately 700 illnesses during this same period. Many states have reported increases of this pattern since May. Because of the large number of expected cases during this period, standard methods of molecular subtyping alone are not sufficient to determine which reported cases might be outbreak-associated. CDC is currently conducting testing using advanced molecular methodologies to help distinguish between outbreak-related cases and sporadic (or background) cases.

Screen shot 2010-08-24 at 12.33.05 PM.png

Illnesses that occurred after July 17, 2010 might not yet be reported due to the time it takes between when a person becomes ill and when the illness is reported. This takes an average of 2 to 3 weeks for Salmonella. For more details, please see the Salmonella Outbreak Investigations: Timeline for Reporting Cases.

See full report - Multistate Outbreak of Human Salmonella Enteritidis Infections Associated with Shell Eggs

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The Ag Industry Fries One of Its Own

Friends and enemies say that I have a less than eclectic reading style – I will read most anything that has my name in it. So, although I may well have been attracted by my name in lights (or at least in the article), I stayed for the smack down delivered on one Mr. Austin “Jack” DeCoster (a.k.a., the bad egg) delivered by crack Ag reporters Chuck Jolley and Dan Murphy. Chuck Jolley is a free-lance writer, based in Kansas City, who covers a wide range of Ag industry topics for Cattlenetwork.com and Agnetwork.com. Dan Murphy is a veteran food-industry journalist and commentator. Both took Jack to task for both his less than stellar past and an outbreak and recall that will cripple the Egg Industry for some time.

Here are their stories – and, thanks Chuck and Dan for the off-hand compliments:

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More than 1,300 Ill and 550,000,000 Salmonella Recalled Eggs is an "Eggbarrassment"

Egg-Recall-List2.jpgYesterday I was speaking with David Hendee of the Omaha World-Herald (along with Larry King, FOX, LA Times, CNBC, CNN, MSNBC, KABC, etc.) about the “Eggbarrassment” to the egg industry and to the government for the latest of what seems like a constant stream of foodborne illnesses and food recalls. As I said to David:

The awareness that a half-billion suspect eggs have been circulating in the food supply is an embarrassment not only for the egg industry but for federal regulators, said Bill Marler, a Seattle attorney who has filed suit alleging illness from tainted eggs at a Wisconsin restaurant. He said he has been retained by two dozen families and was representing a woman hospitalized in California.

“The question is ‘Who was inspecting the plants, if anybody?’” Marler said Monday to The World-Herald. “An outbreak with 550 million bad eggs and 1,300 sickened people has been going on for a while. I suspect nobody was inspecting.’’

Marler said the episode raises many questions about food safety roles played by the FDA and the U.S. Department of Agriculture’s Food Safety and Inspection Service. The FDA inspects shell eggs and the USDA inspects processed eggs.

Marler questioned if that “joint jurisdiction’’ is the best way of assuring the public that eggs will be safer. “If the farms followed the rule, where was the error made? Or is there something wrong with the rule? Tell me what they weren’t doing.”

Yesterday, I suggested that Congress hold hearings on why this outbreak, that began in May, seemed to go unnoticed until mid-August. It seems that at least Congressmembers, Waxman, DeLauro and Stupak are on task asking for documents from Wright County Egg and demanding an explanation of who was inspecting the plant – USDA/FSIS or FDA – or neither? And, they want to know how this outbreak happened? I know I am just a lawyer, but here generally are the issues I would focus on:

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An eggspecially busy day!

In between being interviewed by FOX New York, Seattle and Los Angeles and being taped for the Today story for tomorrow, and doing several other radio and TV interviews - one by Skype and preparing for the Larry King Show in an hour, I had the chance to finish up my slides for a speech that I am giving at the CDC PulseNet Conference next week.

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CNBC "Quote of the Day" Food Safety between Odierno and Ahmadinejad

cnbc_logo.pngI am not sure this is something that CNBC does often, and I am not sure how I feel about it.

"A strong democratic Iraq will bring stability to the Middle East, and if we see Iraq that's moving toward that, two, three, five years from now, I think we can call our operations a success." — Gen. Ray Odierno in a TV interview saying it may take several years before America can determine if the war in Iraq was a success.

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"The history of ignoring the law makes the sickening of 1,300 and the forced recall of 550 million eggs shockingly understandable. You have to wonder where the USDA and FDA inspectors were." — Attorney William D. Marler in an e-mail to The Associated Press after an egg industry spokeswoman said the two Iowa farms that recalled more than a half-billion eggs linked to as many as 1,300 cases of salmonella poisoning share suppliers of chickens and feed as well as ties to an Iowa business routinely cited for violating state and federal law.

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"The jet, as well as being an ambassador of death for the enemies of humanity, has a main message of peace and friendship." — Iranian President Mahmoud Ahmadinejad at the inauguration ceremony of the Iran's first domestically built unmanned bomber aircraft.

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Salmonella Egg Fiasco - House and Senate Agriculture and FDA Oversight Committees should hold joint hearings

As I said to the Associate Press yesterday - "The history of ignoring the law makes the sickening of 1,300 and the forced recall of 550 million eggs shockingly understandable." I was talking about the owner of the largest egg farm at the center of this massive recall and outbreak of Salmonella Enteriditis. As the AP found the owner, Austin "Jack" DeCoster, is no stranger to controversy in his food and farm operations:

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Chickens and Chicken Feed link Quality Egg to Wright County Egg and Hillandale Salmonella Outbreak

chicken-feed-bucket.jpgMARY CLARE JALONICK, of AP, (A.K.A., “the egg gal,”) confirmed this morning what everyone speculated, that “both farms (Hillandale and Wright County Egg) are linked to businessman Austin "Jack" DeCoster, who has been cited for numerous health, safety and employment violations over the years.” She goes further:

DeCoster owns Wright County Egg, the original farm that recalled 380 million eggs Aug. 13 after they were linked to more than 1,000 reported cases of salmonella poisoning. Another of his companies, Quality Egg supplies young chickens and feed to both Wright County Egg and Hillandale Farms, the second farm that recalled another 170 million eggs a week later.

Her other story, “Farms recalling eggs share suppliers, other ties,” just hit the wire. Here is an interesting perspective (if I do not say so myself):

The salmonella outbreak has raised questions about federal inspections of egg farms. The FDA oversees inspections of shell eggs, while the Agriculture Department is in charge of inspecting other egg products.

William D. Marler, a Seattle attorney for a person who filed suit alleging illness from tainted eggs in a salad at a restaurant in Kenosha, Wis., said Sunday his firm has been retained by two-dozen families and was representing a woman who was hospitalized in California.

"The history of ignoring the law makes the sickening of 1,300 and the forced recall of 550 million eggs shockingly understandable," Marler said in an e-mail to The Associated Press. "You have to wonder where the USDA and FDA inspectors were."

As Ms. Jalonick documents, DeCoster is no stranger to controversy in his food and farm operations:

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Wright County Egg owner, DeCoster, seems to be one bad Egg

One Bad Egg.jpgI spoke with Alec MacGillis this morning about the 550,000,000 eggs being recalled and the 1,300 people sickened and the company, Wright County Egg, in the middle of it. His story, “Before salmonella outbreak, egg firm had long record of violations,” and the violations he cites is even shocking to me, and I have been at this for 17 years. I must tell you, I am looking forward to putting him under oath. Here are a few examples:

  • In June, for instance, the family agreed to pay a $34,675 fine stemming from allegations of animal cruelty against hens in its 5 million-bird Maine operation. An animal rights group used a hidden camera to document hens suffocating in garbage cans, twirled by their necks, kicked into manure pits to drown and hanging by their feet over conveyer belts.
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Minnesota reports 14 Ill - Wright County Egg and Hillandale Farms Recall 550,000,000 Salmonella-Tainted Eggs

mdhlogocolor.gifIllnesses in at least seven additional people in Minnesota have been connected with an expanded multi-state recall of eggs from an Iowa producer due to contamination with Salmonella. This brings the total number of cases in Minnesota linked to the recall to 14. The additional Salmonella Enteriditis cases were identified as part of a restaurant outbreak in Bemidji, Minnesota in May. Shell eggs were identified as the likely source of this outbreak and were traced back by the Minnesota Department of Agriculture and FDA to Hillandale Farms of New Hampton, Iowa. Eggs from Hillandale Farms have now been included in an expanded egg recall that also includes Wright County Egg.

Recall Facts:

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Salmonella can be much more than a "tummy ache"

MarlerClient.jpgIn the middle of a nationwide Salmonella outbreak, last week Elizabeth Landau of CNN asked if she could talk with one of my clients who had been stricken by Salmonella and had suffered complication – more than just a “tummy ache.” Fortunately for Elizabeth, but unfortunately for my clients, it is not hard to find more than a few. Her story, “When salmonella becomes deadly,” profiled “Barbara Pruitt, who nearly lost her life when her case of salmonella got out of control last year. Pruitt, 42, of Lakeview, Oregon, has never fully recovered from the damage the infection did to her system.”

She suffered far more than a “tummy ache.”

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Mr. President, Senator Reid, there are 550,000,000 and ONE reasons to move on S. 510!

In the middle of yet another massive recall and illness outbreak - 550,000,000 eggs being recalled - with millions being spent on recall costs or millions be lost in sales - Mr. President, Senator Reid, please do not forget one other reason to pass this Bill.

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NPR Following the Salmonella Egg Outbreak

Federal officials say they don't yet know the size of a national epidemic of salmonella from contaminated eggs. Between May and July, health officials counted nearly 2,000 salmonella cases -- compared to a normal caseload of 700. Officials say they expect the number to grow when illnesses from late July and early August are logged.  Here is the link to "All Things Considered."

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Salmonella Enteritidis-tainted Eggs top 550,000,000

550,000,000 Salmonella-tainted Eggs

The New York Times William Neuman just reported that:

Screen shot 2010-08-20 at 3.52.25 PM.pngHillandale Farms of Iowa, issued a recall Friday of 170 million eggs that it sent to 14 states.  The company said “laboratory-confirmed illnesses” had been associated with the eggs, and federal officials said the illnesses were part of a large outbreak of salmonella that has sickened hundreds of people across the country since May.

Hillandale Farms of Iowa said it was recalling eggs from its two plants in Iowa, distributed under the brand names Hillandale Farms, Sunny Farms and Sunny Meadow. Eggs produced by Hillandale outside of Iowa were unaffected by the recall.

The company said the recalled eggs were sold in Arkansas, California, Iowa, Illinois, Indiana, Kansas, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Texas and Wisconsin.

This is in addition to 380,000,000 eggs recalled earlier this week by Wright County Egg. CDC has linked over 1,200 illnesses to one or both of these recalls.

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So, you thought this week only Eggs had Salmonella?

goya-fruta.jpgSalmonella Mamey Fruit Pulp

The U.S. Food and Drug Administration is warning consumers not to eat frozen mamey fruit pulp sold under the La Nuestra brand by Montalvan Sales Inc. Ontario, Calif., or the Goya brand by Goya Foods Inc. Secaucus, N.J. An investigation by the Centers for Disease Control and Prevention (CDC) and state partners showed an epidemiologic link between an ongoing outbreak of Salmonella Typhi infections and the products. The CDC reports that at least nine people in California and Nevada are ill with typhoid fever, caused by Salmonella Typhi.

sprouts.jpgSalmonella Alfalfa Sprouts

New York State Agriculture Commissioner Patrick Hooker today alerted consumers that Snow White Food Products Inc., located in 621 Bergen Street in Brooklyn, New York, is recalling certain packages of "Alfalfa Sprouts" due to the presence of Salmonella. The recalled "Alfalfa Sprouts" is packaged in a 3.5 ounce plastic clamshell container which is uncoded. It has a UPC code of 0-46421-11236-6. The product was distributed in New York State. No illnesses reported.

pistachios.jpgSalmonella Pistachios

AustiNuts Wholesale, Inc. is issuing this voluntary recall of pistachio kernel products due to a recall that was issued by it's supplier California Delights, Inc. California Delights, Inc issued a recall for two shipments of pistachio kernels received by AustiNuts Wholesale, Inc. in July 2010 due to the possibility of contamination with Salmonella.  No illnesses reported.

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Hillandale Farms of Iowa recalls Eggs from April 9 to August 18

Expanded Egg Recall

(FDA Press Release) Hillandale Farms of Iowa is voluntarily recalling shell eggs because they have the potential to be contaminated with Salmonella.  Eggs affected by this recall were distributed to grocery distribution centers, retail grocery stores and foodservice companies which service or are located in fourteen states, including the following: Arkansas, California, Iowa, Illinois, Indiana, Kansas, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Texas, and Wisconsin.

There have been laboratory-confirmed Salmonella enteritidis illnesses associated with the shell eggs; the investigation is ongoing.  Minnesota Department of Health seems to indicate that some of its 14 ill are related to Hillandale.

Eggs are distributed under the following brand names: Hillandale Farms, Sunny Farms, and Sunny Meadow in 6-egg cartons, dozen-egg cartons, 18-egg cartons, 30-egg package, and 5-dozen cases. Loose eggs are packaged under the following brand names: Wholesome Farms and West Creek in 15 and 30-dozen tray packs. The loose eggs may also be repackaged by customers.  The only eggs effected by this recall have plant numbers P1860 or P1663 and Julian dates as follows:

* P1860 – Julian dates ranging from 099 to 230 = April 9 to August 18

* P1663 – Julian dates ranging from 137 to 230 = May 17 to August 18

Note - NO mention on the amount of eggs.  

However, William Neuman of the New York Times wrote that “Hillandale’s announcement did not say how many eggs were involved. But Cal-Maine Foods, an egg producer and distributor, said that it had received about 9.6 million of the recalled eggs.”  Phil Brasher just confirmed that “[t]he Hillandale sites, one at Alden and the other at West Union, share the same source of hens as the DeCoster farms, according to sources familiar with the operations who spoke on condition of anonymity.”

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Egg Recall by the Numbers - How many chickens does it take to make 380,000,000 Eggs?

Eggs jpgOn August 13, Wright County Egg conducted a nationwide recall of shell eggs on 3 of its 5 farms. Further epidemiologic and traceback information led to Wright County Egg expanding its recall on August 18 to cover all 5 farms and 380,000,000 eggs.

  • Shell eggs under the August 13, 2010 recall are packaged under the brand names: Lucerne, Albertson, Mountain Dairy, Ralph’s, Boomsma’s, Sunshine, Hillandale, Trafficanda, Farm Fresh, Shoreland, Lund, Dutch Farms and Kemps. Shell eggs are packed in 6-egg cartons, 12-egg cartons, 18-egg cartons, and loose eggs with Julian dates ranging from 136 to 225 and plant numbers 1026, 1413 and 1946. (89 days of production – May 16, 2010 to August 13, 2010).
  • Recalled shell eggs affected by the expanded recall are packaged under the brand names: Albertsons, Farm Fresh, James Farms, Glenview, Mountain Dairy, Ralphs, Boomsma, Lund, Kemps and Pacific Coast. Eggs are packed in varying sizes of cartons (6-egg, 12-egg, and18-egg cartons, and loose eggs for institutional use and repackaging) with Julian dates ranging from 136 to 229 and plant numbers 1720 and 1942. (93 days of production – May 16, 2010 to August 17, 2010).

So, I am a lawyer, not a mathematician - but here is goes. I person close to a few chickens told me that chickens do not necessarily lay every day, so I should presume that about 75% are producing on any given day. We know that the recall to date is over 89 or 93 days – call it an average of 91 days. Therefore, in 91 days the chickens produced 380,000,000 eggs or about 4,175,824 eggs a day. Now it is getting harder for me. So, if only 75% of the chickens are producing on any given day, you need about 5,219,490 chickens to get to 4,175,824 eggs a day and 380,000,000 produced over 91 days. That, assuming my math is close, is a hell of a lot of chickens – even in 5 farms.

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"I am the Egg [Rule] ... "

Sorry, the old Beatle’s song keeps running through my head.  And, with 380,000,000 eggs being recalled, and well over 1,000 people sick (and rising), I really should not be making jokes.

Not surprisingly I usually start my morning reading Phil Brasher in the Des Moines Register. I was struck by his article this morning, “New rules could have prevented salmonella outbreak,” and this quote:

"There are preventive measures that would have been in place that could have prevented this, if it (the new regulatory program) had been in place earlier than in July," said Sherri McGarry of the FDA's Center for Food Safety and Applied Nutrition.

fda-logo(1).jpgI then picked up my well-read “Egg Rule” also known as “Federal Register Final Rule (July 9, 2009, 74 FR 33030): Prevention of Salmonella Enteritidis in Shell Eggs During Production, Storage, and Transportation,” for what exactly the rule now requires. Here are the highlights:

• Buy chicks and young hens only from suppliers who monitor for Salmonella bacteria

• Establish rodent, pest control, and biosecurity measures to prevent spread of bacteria throughout the farm by people and equipment

• Conduct testing in the poultry house for Salmonella Enteritidis. If the tests find the bacterium, a representative sample of the eggs must be tested over an eight-week time period (four tests at two-week intervals); if any of the four egg tests is positive, the producer must further process the eggs to destroy the bacteria, or divert the eggs to a non-food use

• Clean and disinfect poultry houses that have tested positive for Salmonella Enteritidis

• Refrigerate eggs at 45 degrees F during storage and transportation no later than 36 hours after the eggs are laid (this requirement also applies to egg producers whose eggs receive a treatment, such as pasteurization).

• Environmenal Testing for SE.  There are specific requirements on when and how to test for SE and coordination with pullet testing.

• Egg Testing for SE.  Whenever you have reason to know/suspect of presence of SE. Two week intervals in positive poultry houses.

OK, I know the Egg Rule did not go into final until July 2010, but really, can anyone argue that the highlights above should not have been voluntarily implemented before that?  "I am the Egg [Rule}..."

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380 Million Eggs Recalled, possibly 1,953 Salmonella Enteritidis cases linked Nationwide

380 Million Eggs Recalled

100819_egg_recall.jpgWright County Egg in Galt, Iowa Thursday expanded its recall to include 380 million chicken eggs that could be contaminated with salmonella bacteria, in one of the largest such recalls in recent history.

It's "one of the largest eggs recall in recent history," said Food and Drug Administration Division (FDA) of Public Health and Biostatistics director Sherri McGarry.

FDA experts said in Thursday in a telephone press conference they were investigating the origins of a salmonella outbreak that has spiked to 1,953 cases between May and July of this year.

The ongoing salmonella outbreak from eggs may have sickened about 1,300 people from May to July, officials from the Centers for Disease Control and Prevention said today. Health officials have reports of at least 1,953 cases from May through July 17, a period when there are normally only about 700 cases, says Christopher Braden of the CDC. Many more people have probably become sick with salmonella since then, he said, noting that local health officials first noticed spikes in salmonella as early as April.

The FDA said, however, that infected rodents many have spread salmonella in Wright chicken farms.

Recall information:

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Good Egg, Bad Egg and Salmonella Enteritidis

Someone emailed me this photo.  Seems to sum up my week.

good:badeggs.jpg

Recall information:

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CDC, almost 50,000 Sickened by Salmonella Enteritidis Wright County Egg

From the CDC Post of moments ago:

In May 2010, CDC identified a nationwide increase in the number of Salmonella Enteritidis isolates with PFGE pattern JEGXX01.0004 uploaded to PulseNet, the national subtyping network made up of state and local public health laboratories and federal food regulatory laboratories that performs molecular surveillance of foodborne infections. This increase is evident in the epidemic curve, or epi curve. During May 1 to July 31, 2010, a total of 1,953 illnesses were reported. However, some of these cases may not be related to this outbreak. Based on the previous 5 years of reports to PulseNet, we would expect approximately 700 illnesses during this same period. Many states have reported increases of this pattern since May. Because of the large number of expected cases during this period, standard methods of molecular subtyping alone are not sufficient to determine which reported cases might be outbreak-associated. CDC is currently conducting testing using advanced molecular methodologies to help distinguish between outbreak-related cases and sporadic (or background) cases.

Screen shot 2010-08-19 at 4.23.41 PM.png

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U.S. Marshals act to prevent distribution of food from a rodent-infested warehouse in Athens, Georgia

usms-seal-300.jpgU.S. Marshals, acting under a court order sought by the U.S. Food and Drug Administration, today seized packaged food products from a rodent-infested warehouse in Athens, Ga. A variety of products, including crackers, cookies and potato chips, were intended for sale to jails and prisons throughout the southeastern United States.

The U.S. District Court for the Middle District of Georgia issued a warrant for the seizure of all of the food in the warehouse from Mid-States Services Inc., that the FDA and the Georgia Department of Agriculture (GDA) determined to be susceptible to contamination by rodents.

Investigators found 14 live rodents, seven dead rodents, 23 gnaw holes on multiple food containers, multiple containers of food containing rodent pellets, four rodent nests, and apparent rodent pellets too numerous to count, on and around food packages, as well as finding structural defects making the facilities accessible to rodents.

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Despite being on Colbert the AMI opposes making non-O157:H7 STECS adulterants

I just could not stay awake late enough to watch Colbert have fun with Pat Boyle the other night.  To me it looks like Pat "meat" his match.  Interestingly, the President just made a "recess appointment" of the person who will be part of making the adulterant decision:

Elisabeth Hagen, Nominee for Under Secretary for Food Safety, Department of Agriculture

Dr. Elisabeth Hagen is currently the USDA’s Chief Medical Officer, serving as an advisor to USDA mission areas on a wide range of human health issues. Prior to her current post, she was a senior executive in the USDA’s Food Safety and Inspection Service (FSIS), where she played a key role in developing and executing the agency’s scientific and public health agendas. She has been instrumental in building relationships and fostering coordination with food safety and public health partners at the federal, state, and local level. Before joining the federal government in 2006, Hagen taught and practiced medicine in both the private and academic sectors, most recently in Washington, DC. She holds an M.D. from Harvard Medical School, and a B.S. from Saint Joseph’s University. Dr. Hagen completed her specialty medical training at the University of Texas Southwestern and the University of Pennsylvania, and is board certified in infectious disease.

Below the video is the AMI's position on non-O157's as adulterants and mine.  I would love to hear your comments.

The Colbert Report Mon - Thurs 11:30pm / 10:30c
Better Know a Lobby - American Meat Institute
www.colbertnation.com

Colbert Report Full Episodes 2010 Election

Fox News

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Wright County Egg seems to be in some hot water - too bad it is not 160 degrees

Eggs-Salmonella.jpg

AP reports a moment ago that "[h}undreds of people have been sickened in a salmonella outbreak linked to eggs in three states and possibly more, and health officials on Wednesday dramatically expanded a recall to 380 million eggs."  Goodness!

Earlier today I was reading Philip Brasher’s Blog (yes, in part because he mentioned me and our lawsuit against Wright County Egg) and was somewhat shocked that Wright County Egg is “[a] livestock industry giant with a long history of immigration and environmental problems is now connected to a nationwide recall of eggs that the government blames for an outbreak of salmonella poisoning.” Ouch! Mr. Brasher went further:

The elder DeCoster, a Maine native who set up business in Wright County in the 1980s, pleaded guilty to federal immigration charges in 2003 and paid a record $2.1 million in penalties. In 2001, the state Supreme Court ruled that DeCoster, a repeat violator of state environmental laws, could finance, but not build, hog confinement operations for his son. Earlier this year, the elder DeCoster paid a fine to settle animal state cruelty charges against his egg operations in Maine.

Ouch! Again.

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Umpqua Dairy recalls pasteurized milk and juice due to 23 Salmonella Braenderup cases

UmpquaDairy.jpgOregon Public Health officials have recalled Umpqua Dairy brand Milk, half and half, cream and buttermilk as well as Umpqua Dairy brand gallon orange juice and fruit drinks. Umpqua Dairy Products Co., are sold in Oregon, southwest Washington and northern California.

All Umpqua Dairy products are pasteurized.  Recent testing at the Roseburg Dairy, however, identified Salmonella on several different surfaces. The recall comes after 23 people, all in Oregon, have been laboratory-confirmed with matching DNA patterns of Salmonella Braenderup. Two people have been hospitalized.

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Wisconsin adds 21 to the National Salmonella Enteritidis Egg Outbreak

couting-1-5-worksheets2.jpgCalifornia has been at 266, Minnesota at 7, Nevada at 30 and according to the Milwaukee Journal Sentinel, Wisconsin State health officials today confirmed a Salmonella outbreak that sickened 21 diners at a Kenosha restaurant in June to the nationwide recall of 228 million eggs (now increased to 380 million eggs) by an Iowa producer.

Wright County Egg of Galt, Iowa, on Friday issued another voluntary nationwide recall of eggs it had shipped since May 19 to food wholesalers, distribution centers and foodservice companies in California, Illinois, Missouri, Colorado, Nebraska, Minnesota, Wisconsin and Iowa. Those companies distribute nationwide, reselling eggs under various brand names: Lucerne, Albertson, Mountain Dairy, Ralph's, Boomsma's, Sunshine, Hillandale, Trafficanda, Farm Fresh, Shoreland, Lund, Dutch Farms and Kemps.

The affected cartons - which still may be in stores, restaurants and homes - come in varying sizes and carry plant numbers P1026, P1413 and P1946, followed by a date code ranging from 136 to 225. The stamps with the date codes and plant numbers can be found on the end of the egg carton.

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Foodborne Illness Surveillance in the time of HB 2749 and SB 510

Screen shot 2010-08-18 at 2.18.15 PM.pngScreen shot 2010-08-18 at 2.19.05 PM.pngIn the middle of yet another nationwide recall of food (228,000,000 eggs to be exact) and an outbreak of Salmonella Enteritidis linked to those eggs that appears to have begun in the Spring and announced in August, I had memory of House Bill 2749 (passed Jul7 2009), Sec., 121 and Senate Bill 501 (to be voted on shortly) Sec., 205. I know, I know, I need to get a life.

Interestingly these Sections have received little attention, but IMHO, have the greatest opportunity to fundamentally change how food is produced in the United States. Overstatement? Perhaps.

Of course, if SB 510 passes, it will need to be reconciled with the language of HB 2749. And, Congress will need to provide adequate funding and the President will need to sign it. Then of course the agencies impacted will need to promulgate Regulations – so, not a quick fix.

Read those sections above for yourself. However, here is my take on them:

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Salmonella in Pickles?

pickles.jpgAccording to press reports, contaminated pickles have been linked by the Cook County Illinois Department of Public Health to an outbreak of Salmonella poisoning (no serotype announced).

According to public health officials, six confirmed cases of Salmonella have been linked to pickles purchased from the Assi Market in the Chicago suburb of Niles. Five people have been hospitalized.

Health department officials say all confirmed victims of salmonella poisoning reported eating pickles made at the market and sold in plastic bags between July 25 and July 27, with an Aug. 24 sell-by date.

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What goes on in Vegas with Salmonella is becoming a Nationwide Problem

Like many other parts of the country, Las Vegas and Clark County have been hit hard over the last months.

vegas1.jpgJust a few weeks ago it was four people in Clark County who became ill with Salmonella typhi, the bacterium that causes typhoid fever. Those four were part of a two-state outbreak (five ill in California too) believed to be a result of consuming a frozen fruit product called Goya brand mamey fruit pulp. Mamey fruit pulp, also known as zapote or sapote, comes from a tropical fruit grown in Central and South American countries and is often used in shakes and smoothies.

Now the Southern Nevada Health District has reported 30 cases of Salmonella Enteritidis since January of this year. According the health department, in the last eight months the number of residents who have become infected with Salmonella Enteritidis, which is commonly linked to eggs, has nearly quadrupled in Clark County.

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First Salmonella Lawsuit Filed by Marler Clark Links Wisconsin Victim to 228,000,000 Egg Recall and Nationwide Outbreak

Wright County Egg Recall Tied to Salmonella Illnesses Nationwide

Salmonella Lawyers.jpgAn outbreak of Salmonella Enteritidis (SE) at a restaurant in Kenosha, Wisconsin has been linked to the recall of 280,000,000 eggs and nearly 300 illnesses in the rapidly widening nationwide outbreak tied to Wright County Egg company. A lawsuit originally filed against the restaurant was filed in amended form to include Wright County Egg in the Kenosha County Branch of the Wisconsin District Court by Seattle-based food safety law firm Marler Clark.

The plaintiff ate a cobb salad containing eggs at the Baker Street Restaurant and Pub in July. Her ensuing illness required her to go to the hospital, where it was determined that she was infected with Salmonella Enteritidis (SE). At the time, the outbreak seemed to be confined to the restaurant, but now that the strain of SE associated with the contaminated eggs has been genetically “fingerprinted”, the Wisconsin outbreak is part of a much larger nationwide outbreak.

Wright County Egg issued a voluntary recall of shell eggs distributed nationwide when the product was linked to SE illnesses. Minnesota has reported 7 ill, and California announced 266 illnesses associated with the outbreak. This confirms CDC revelations that they have seen four times as many SE illnesses than usual reported each week for several months.

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Wright County Egg linked to 266 Salmonella Enteritidis case in California and 7 in Minnesota - where are the other States?

228,000,000 Eggs Recalled

AP reported a few moments ago that California Health officials report that Salmonella Enteritidis (SE)-tainted eggs have sickened at least 266 Californians with salmonella, despite a multi-state recall. Seven cases of salmonella were linked to the same recall in Minnesota.

salmonella egg.jpgThe FDA announced that since May 2010, CDC has identified a nationwide, four-fold increase in the number of SE isolates through PulseNet, the national subtyping network made up of state and local public health laboratories and federal food regulatory laboratories. CDC received reports of approximately 200 SE cases every week during late June and early July. Normally, CDC has received an average of some 50 reports of SE illness each week for the past five years. Many states have also reported increases of this pattern since May 2010.

Epidemiologic investigations conducted by public health officials in California, Colorado, and Minnesota have revealed several restaurants or events where more than one person ill with this type of SE has eaten. Preliminary information from these investigations suggests that shell eggs are the likely source of infections in many of these restaurants or events.

The FDA, CDC, and state partners conducted a traceback investigation and found many of these restaurants or events received shell eggs from a single firm, Wright County Egg, in Galt, Iowa.  Eggs from Wright County Egg of Galt, Iowa, were delivered to wholesalers, distribution centers and food service companies in California, Illinois, Missouri, Colorado, Nebraska, Minnesota, Wisconsin and Iowa.

Wright County Egg is reported to be recalling 228 million eggs after being linked to the outbreak.

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Could Salmonella Enteritidis illnesses linked to Wright County Egg be over 20,000?

In the last three months we have been tracking more than a few Salmonella outbreaks, like S. Typhi in mamey pulp, S. Hartford and S. Baildon at Taco Bell, S, Arizonae in rattlesnake cakes, and on and on. We have also seen more than a few S. Enteritidis cases, but as it is one of the most common serotypes, it had been difficult to see a common denominator.

giant-calculator.jpgWell, that was until the CDC (and Minnesota separately) announced yesterday that In May 2010, it had identified a nationwide increase in the number of Salmonella Enteritidis isolates with PFGE pattern JEGXX01.0004 uploaded to PulseNet. The CDC pointed to the fact that this increase represented approximately a four-fold increase over the expected number of reported isolates of this particular PFGE pattern. Approximately 200 isolates were uploaded to PulseNet on a weekly basis during late June and early July compared to an expected 50 uploads a week on average during this same period in the previous 5 years.

Also, according to the CDC, for every one person who is a stool-culture confirmed positive victim of salmonella in the United States, there a multiple of 38.5 who are also sick, but remain uncounted. (See, AC Voetsch, “FoodNet estimate of the burden of illness caused by nontyphoidal Salmonella infections in the United States,” Clinical Infectious Diseases 2004; 38 (Suppl 3): S127-34).

This means that in this Wright County Egg Salmonella Enteritidis outbreak, even if you focus on just the months of “late June and early July” (approximately four weeks at an increase of 150 illnesses a week equaling 600 per month more than expected - this number is bound to rise), we have been experiencing 23,100 illnesses thus far.

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Fourfold Spike per week in Salmonella Enteritidis Cases Since May Likely Linked to Wright County Egg

Salmonella Enteritidis Outbreak

DNA-genetic-fingerprinting-on-fingerprint-blue-backdrop-1-AJHD(3).jpg

On July 9, 2009, FDA published in the Federal Register a final rule that established a regulation part 118 (21 CFR part 118) entitled "Prevention of Salmonella Enteritidis in Shell Eggs During Production, Transportation, and Storage." The egg rule in part 118 requires shell egg producers to implement measures to prevent Salmonella Enteritidis (SE) from contaminating eggs on the farm and from further growth during storage and transportation, and requires these producers to maintain records concerning their compliance with the rule and to register with FDA.  According to the FDA "as many as 79,000 illnesses and 30 deaths due to consumption of eggs contaminated with the bacterium Salmonella Enteritidis may be avoided each year with new food safety requirements for large-scale egg producers." See the "Egg Rule" that went into effect July 9, 2010.

In May 2010, CDC identified a nationwide increase in the number of Salmonella Enteritidis isolates with PFGE pattern JEGXX01.0004 uploaded to PulseNet, the national subtyping network made up of state and local public health laboratories and federal food regulatory laboratories that performs molecular surveillance of foodborne infections. The increase represents approximately a four-fold increase over the expected number of reported isolates of this particular PFGE pattern. Approximately 200 isolates were uploaded to PulseNet on a weekly basis during late June and early July compared to an expected ~50 uploads a week on average during this same period in the previous 5 years. Many states have reported increases of this pattern since May.

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CDC Salmonella Enteritidis: Surveillance Data and Policy Implications in Eggs

Thanks to Alejandro Pérez, MPH and the Enteric Diseases Epidemiology Branch Division of Foodborne, Bacterial and Mycotic Diseases National Center for Zoonotic, Vector-Borne, and Enteric Diseases Centers for Disease Control and Prevention for this great PowerPoint on Salmonella Enteritidis and Eggs in America.

Screen shot 2010-08-16 at 8.34.43 PM.png

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Campylobacter

Campylobacter1.jpgCampylobacter is the second most common cause of bacterial foodborne illness in the United States after Salmonella. Over 3,000 cases were reported to the Centers for Disease Control and Prevention in 2003, or 12.6 cases for each 100,000 persons in the population. Many more cases go undiagnosed and unreported, with estimates as high as 2 to 4 million cases per year.  It is estimated that each case costs $920 on average due to medical and productivity (lost wages) expenses with an annual total cost of $1.2 billion.

Chicken is the most common food implicated.  Any raw poultry—chicken, turkey, duck, goose, game fowl—meat and its juices may contain Campylobacter including organic and “free-range” products.  Other foods include unpasteurized milk, undercooked meats such as beef, pork, lamb, and livestock offal, and occasionally shellfish, fresh produce, and eggs.

Most cases of Campylobacter infection occur as isolated, sporadic events, and are not usually part of large outbreaks. But, very large outbreaks (>1,000 illnesses) of campylobacteriosis have been documented, most often from consumption of contaminated milk or unchlorinated water supplies.

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Salmonella

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

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

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Seven Salmonella Enteriditis cases in Minnesota linked to Wright County Egg

mdhlogocolor.gifIllnesses in at least seven people in Minnesota are connected with a multi-state recall of eggs from an Iowa producer due to contamination with Salmonella, state health officials said today. The Salmonella Enteriditis cases were identified in two restaurant outbreaks in May and July, in which eggs were identified as the likely source. Eggs were traced back by the Minnesota Department of Agriculture to Wright County Egg of Galt, IA. Restaurant clusters with the same strain have been identified in additional states.

Health officials emphasized that while seven cases in Minnesota have been linked with the recall, there are potentially many more cases that could be involved. So far this year, Minnesota has received more reports of Salmonella Enteriditis infections of this strain than were reported in previous years, according to Kirk Smith, a foodborne illness supervisor with the Minnesota Department of Health. It is estimated that for every confirmed case of Salmonella, there are approximately 38 unconfirmed cases. Salmonella Enteriditis is one of the most common strains of Salmonella circulating.

The eggs affected by this recall were distributed to food wholesalers, distribution centers and foodservice companies in California, Illinois, Missouri, Colorado, Nebraska, Minnesota, Wisconsin and Iowa. These companies distribute nationwide. 

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Taco Bell Salmonella Lawsuit to be filed Monday

taco-bell.gifOhio, Illinois, Kentucky, and Wisconsin Lead the Illness Count

An Ohio victim of the Salmonella outbreaks linked to Taco Bell will file a food poisoning lawsuit in the Court of Common Pleas of Scioto County, Ohio today. The lawsuit will be filed against the food chain parent company Yum! Brands on behalf of a Scioto county resident by the food safety law firm Marler Clark and by Fred Wendel of the Columbus firm Stewart & DeChant.

Two parallel outbreaks of Salmonella have been identified by Centers for Disease Control (CDC), both linked to the Taco Bell restaurant chain. Salmonella Hartford and Salmonella Baildon—the two outbreak strains—are rare and strong, sickening at least 155 people in 21 states and sending more than 30% of the ill to the hospital. More than 60% of the victims reported eating at Taco Bell.

Tammy Hale purchased food from a Taco Bell in Wheelersburg at the beginning of June. The next day she began to experience gastrointestinal symptoms, which worsened over the next several days until she had to be hospitalized. During her four-day hospitalization, tests revealed that she had been infected with the outbreak strain of Salmonella Hartford. She is still recovering from her illness.

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Shigella

shigella_1.jpgShigella is a bacterium that can cause sudden and severe diarrhea (gastroenteritis) in humans. Shigellosis is the name of the disease that Shigella causes. The illness is also known as "bacillary dysentery." Shigella bacteria can infect the intestinal tract after the ingestion of relatively few organisms. This is why shigellosis is the most communicable of the bacterial-induced diarrheas.

The source of Shigella bacteria is the excrement (feces) of an infected individual that is ultimately ingested by another person. The infectious material is spread to new cases by person-to-person contact or via contaminated food or water. Approximately 20% of the nearly 450,000 cases of shigellosis that occur annually in the U.S are foodborne-related. Generally, the food preparer is the individual who contaminates the food, but food may also become contaminated during processing. Contamination of drinking water by Shigella is a problem that more often occurs in the developing world, but swimming pools and beaches in the U.S. can become contaminated by infected individuals. No group of individuals is immune to shigellosis, but certain individuals are at increased risk, particularly small children. Persons infected with HIV experience shigellosis much more commonly than other individuals.

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Wright County Egg Recall due to Salmonella enteritidis Risk

Salmonella enteritidis Egg Recall

Eggs produced by the farms of Wright County Egg of Galt, Iowa, have been recalled because of potential salmonella contamination. Eggs affected by the recall were distributed in Illinois, Wisconsin, Iowa and other states. The eggs are packaged under these brand names in varying carton sizes: Lucerne, Albertson, Mountain Dairy, Ralph's, Boomsma's, Sunshine, Hillandale, Trafficanda, Farm Fresh, Shoreland, Lund, Dutch Farms and Kemps.

Eggs are packaged under the following brand names: Lucerne, Albertson, Mountain Dairy, Ralph’s, Boomsma’s, Sunshine, Hillandale, Trafficanda, Farm Fresh, Shoreland, Lund, Dutch Farms and Kemps. Eggs are packed in varying sizes of cartons (6-egg cartons, dozen egg cartons, 18-egg cartons) with Julian dates ranging from 136 to 225 and plant numbers 1026, 1413 and 1946. Dates and codes can be found stamped on the end of the egg carton. The plant number begins with the letter P and then the number. The Julian date follows the plant number, for example: P-1946 223.

There have been confirmed Salmonella enteritidis illnesses relating to the shell eggs and traceback investigations are ongoing.

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It is Two years past time to test for, and deem adulterants, non-E. coli O157:H7s

I was reading Kim Archer’s story this morning, “E. coli outbreak's effects remain in Locust Grove,” in the Tulsa World about the largest E. coli O111 outbreak ever. The 2008 outbreak sickened at least 341 people, killed 1 and sent more that 70 to the hospital, many with life-threatening injuries – many still suffer the impacts today. Oklahoma State epidemiologists tracked the bacteria's source to Country Cottage Restaurant, a popular eating and tourist destination in northeastern Oklahoma.

The reality is that this has been horrible on alll those involved.  As I said to Ms. Archer:

Lawsuits ongoing

About 30 former Country Cottage customers who fell ill have filed lawsuits against the restaurant, according to William Marler, a Seattle attorney who specializes in foodborne illness litigation.

His firm, Marler Clark, represents 14 clients who were sickened in the outbreak. He said his 14 clients alone racked up $2 million in medical costs. All the lawsuits - including Cynthia Ingle's, who filed a wrongful death action on behalf of her husband, Chad - have been consolidated into one action in U.S. District Court, he said.

"We're litigating with the insurance companies over how much coverage the restaurant actually has. Is it $3 million or $4 million," Marler said.

"How the money gets distributed is still left for another day."

He expects a ruling sometime after Sept. 1. His firm is providing its services pro bono and is asking each individual's health insurer to waive reimbursement.

"There is no way people can be fairly compensated," Marler said. "It's a horrible tragedy what these people went through."

If this does not prompt our government to re-think how it deals with Non-O157:H7’s – actually test for them and deem them adulterants – I am not sure whatever will. Perhaps it is time for me to write another letter to the FSIS about the Petition, Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli (E. coli), Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. ¬ß 601(m)(1), I filed nearly one year ago.

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Veron Foods of Louisiana Recalls 500,000 pounds of Sausage due to Listeria

Listeria Recall

Screen shot 2010-08-14 at 6.33.05 PM.pngVeron Foods, LLC of Prairieville, La. is recalling approximately 500,000 pounds of “ready to eat” sausage and hog head cheese products that may be contaminated with Listeria monocytogenes, the Louisiana Department of Agriculture and Forestry’s Office of Animal Health and Food Safety announced today.

The following products are subject to recall:

All packages of Veron Hot Smoked Sausage, Veron Mild Smoked Sausage, Martin Hot Smoked Sausage, Martin Mild Smoked Sausage, Veron Andouille Sausage, Martin Andouille Sausage and Veron Hog Head Cheese. 

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Listeria

Listeria-monocytogenes(2).jpgListeria monocytogenes (Listeria) is a foodborne disease-causing bacteria; the disease is called listeriosis. Listeria can invade the body through a normal and intact gastrointestinal tract. Once in the body, Listeria can travel through the blood stream but the bacteria are often found inside cells. Listeria also produces toxins that damage cells. Listeria invades and grows best in the central nervous system among immune compromised persons, causing meningitis and/or encephalitis (brain infection). In pregnant women, the fetus can become infected, leading to spontaneous abortion, stillbirths, or sepsis (blood infection) in infancy.

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

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Hepatitis A Cluster in Waldo County, Maine

Hepatitis A Outbreak

Maine Health.jpgThe Maine Center for Disease Control and Prevention (Maine CDC) is investigating a third case of acute hepatitis A. All three are residents of Waldo County and at least one attended a number of social functions in different areas of Maine while infective which included attendees from across the state. We therefore believe other people may be at risk for contracting the illness and may be showing signs and symptoms of it in the coming days and weeks.

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Hepatitis A

hepatitisa1.jpgHepatitis A is one of five human hepatitis viruses (hepatitis A, B, C, D, and E) that primarily infect the liver and cause illness. An estimated 80,000 cases occur each year in the U.S., although much higher estimates have been proposed based on mathematical modeling of the past incidence of infection. Each year, an estimated 100 persons die as a result of acute liver failure in the U.S. due to hepatitis A, but the rate of infection has dramatically decreased since the hepatitis A vaccine was licensed and became available in the U.S. in 1995.

Hepatitis A is a communicable (or contagious) disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Food contaminated with the virus is the most common vehicle transmitting hepatitis A. The food preparer or cook is the individual most often contaminating the food, although he or she is generally not ill at the time of food preparation. The peak time of infectivity, when the most virus is present in the stool of an infectious individual, is during the two weeks before illness begins. Although only a small percentage of hepatitis A infections are associated with foodborne transmission, foodborne outbreaks have been increasingly implicated as a significant source of hepatitis A infection.

Hepatitis A may also be spread by household contact among families or roommates, sexual contact, ingestion of contaminated water, ingestion of raw or undercooked fruits and vegetables or shellfish (like oysters), and from persons sharing illicit drugs. Children often have asymptomatic or unrecognized infections and can pass the virus through ordinary play to family members and other children and adults.

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S. 510 - FDA Food Safety Modernization Act Small Farm and Small Business Guide

No Change in Agency for Regulated Foods

Only foods already regulated by the Food and Drug Administration (FDA) will be subject to S. 510. Section 403 maintains the existing firewall between FDA and the U.S. Department of Agriculture regulated foods and agricultural products.

No Change in Definition of Facility

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E. coli O157:H7

E. coli O157:H7.jpgE. coli O157:H7 was identified for the first time at the CDC in 1975, but it was not until seven years later, in 1982, that E. coli O157:H7 was conclusively determined to be a cause of enteric disease. Following outbreaks of foodborne illness that involved several cases of bloody diarrhea, E. coli O157:H7 was firmly associated with hemorrhagic colitis.

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.

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.

While the majority of foodborne illness outbreaks associated with E. coli O157:H7 have involved ground beef, such outbreaks have also involved unpasteurized apple and orange juice, unpasteurized milk, alfalfa sprouts, and water. An outbreak can also be caused by person-to-person transmission of the bacteria in homes and in settings like daycare centers, hospitals, and nursing homes.

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Hemolytic Uremic Syndrome (HUS)

The following is a comprehensive description of the hemolytic uremic syndrome (HUS), its symptoms, and the complications and long-term risks associated with HUS.  (A glossary of terms can be found at the bottom of this entry).

Hemolytic uremic syndrome is a severe, life-threatening complication of an E. coli bacterial infection that was first described in 1955, and is now recognized as the most common cause of acute kidney failure in childhood. E. coli O157:H7 is responsible for over 90% of the cases of HUS that develop in North America. In fact, some researchers now believe that E. coli O157:H7 is the only cause of HUS in children. HUS develops when the toxin from E. coli bacteria, known as Shiga-like toxin (SLT) [1,2], enters cells lining the large intestine. The Shiga-toxin triggers a complex cascade of changes in the blood. Cellular debris accumulates within the body’s tiny blood vessels and there is a disruption of the inherent clot-breaking mechanisms. The formation of micro-clots in the blood vessel-rich kidneys leads to impaired kidney function and can cause damage to other major organs.

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S 510 Food Safety Modernization Act - The Paper Trail

Here is Chairman Harkin’s mark-up and section by section summary - this is the version of the bill voted out of the HELP Committee in mid-November and here is the most recently approved version as of last night.

Senator Feinstein has not released a copy of her BPA amendment — however, she is now saying it will only be baby bottles, sippy cups, baby food, and infant formula.

Here’s the Senator Tester amendments as they were introduced in April (I’m sure the version they’re working with now looks quite different after months of negotiations, but the principle is likely the same).

Happy Reading.

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S 510, the FDA Food Safety Modernization Act, is still alive

Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor and Pensions Committee, today issued the following statement on the manager’s package for The FDA Food Safety Modernization Act. Harkin has been working on a bipartisan basis with HELP Committee Ranking Member Mike Enzi (R-WY), authors of the FDA Food Safety Modernization Act Dick Durbin (D-IL) and Judd Gregg (R-NH) and lead cosponsors Chris Dodd (D-CT) and Richard Burr (R-NC) on the proposal.

The full manager’s package (over 200 pages) is available here - S. 510 - FDA Food Safety Modernization Act.

“For far too long, the headlines have told the story of why this measure is so urgently needed: foodborne illness outbreaks, product recalls and Americans sickened over the food they eat. This 100-year-old plus food safety structure needed to be modernized,” said Harkin.

“I am pleased that after a great deal of time and effort from members on both sides of the aisle, we have a strong, bipartisan proposal that will overhaul our current food safety system – a system that right now fails far too many American consumers. I am confident that the remaining details will be worked out and am hopeful that the measure will come to the Senate floor as soon as possible.”

The FDA Food Safety Modernization Act passed the HELP Committee without a single dissenting vote on November 18, 2009. The bill is supported by dozens of industry and consumer organizations including the Center for Science in the Public Interest, the Consumer Federation of America, the Grocery Manufacturers of America, the National Association of County and City Health Officials, the National Restaurant Association and the Trust for America’s Health.

Highlights of the manager’s package include: 

Hazard analysis and preventive controls: Requires facilities that manufacture, process, pack or hold food to have in place risk-based preventive control plans to address identified hazards and prevent adulteration, and gives FDA access to these plans and relevant documentation. These requirements do not apply to restaurants or most farms.

Imports: Requires importers to verify the safety of foreign suppliers and imported food. Allows FDA to require certification for high-risk foods, and to deny entry to a food that lacks certification or that is from a foreign facility that has refused U.S. inspectors. Creates a voluntary qualified importer program in which importers with a certification of safety for their foreign supplier can pay a user-free for expedited entry into the U.S.

Inspection: Gives FDA additional resources to hire new inspectors and requires FDA to inspect food facilities more frequently.

Mandatory Recall Authority: Gives FDA the authority to order a mandatory recall of a food product if the food will cause serious adverse health consequences or death and a company has failed to voluntarily recall the product upon FDA’s request.

Regulatory Balance: Achieves new requirements without being excessively burdensome. The legislation provides training for facilities to come into compliance with new safety requirements and includes special accommodations for small businesses and farms. It does not interfere with current organic farming practices and does not change the current definition of farm under the 2002 Bioterrorism Act. Any farm that is not currently required to register with FDA will not be required to do so under this legislation.

Surveillance: Enhances surveillance systems to detect food-borne illnesses.

Traceback: Requires FDA to establish a pilot project to test and evaluate new methods for rapidly tracking foods in the event of a food-borne illness outbreak.

Increased FDA Resources: Increases funding for FDA’s food safety activities through increased appropriations and targeted fees for food facility reinspection, food recalls, and the voluntary qualified importer program.

Well, I have a lot of reading to do tonight.

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Salmonella Outbreak linked to Goya Frozen Mamey Fruit

Salmonella Typhi Recall

Mamey Salmonella.jpgInvestigators linked traces of salmonella typhi, the bacterium that causes typhoid fever, to a Goya brand frozen fruit product containing mamey fruit pulp. The fruit, also known as zapote and sapote is grown in Central and South America and often used in shakes and smoothies.

Typhoid fever has infected four southern Nevadans and five others in California. Typhoid fever is rare in the U.S., with an estimated 400 cases reported annually, health officials said.

Symptoms of typhoid fever include a sustained fever, stomach pains, headaches, anorexia, a slow heart rate, malaise, constipation or diarrhea or a nonproductive cough.

According to the CDC:

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Online Food Safety Resources

Food Safety Resources

It seems that there are more recalls and outbreaks than ever, touching every community. As time and resources are short, I wanted to make you aware of new and retooled resources on food safety, foodborne illness, and food policy.

Marlerblog:  Is my view as a food safety insider and litigator. I use my extensive contacts to publish ahead-of-the-news-cycle reports on foodborne illness outbreaks and recalls as well as the constantly shifting sands of food policy, regulation, and legislation. Marlerblog is considered one of the best sources of food safety information on the web, consistently breaking news and naming sources of outbreaks before the official press releases. Marlerblog is available by email, RSS, Twitter and Facebook (Marler Clark Blog)

Outbreak Database: A free, online, comprehensive database of foodborne illness outbreaks in the US. Search by pathogen, vehicle, keyword, date, and/or state. Is there an outbreak of E. coli in lettuce in your area? Find out about the previous outbreaks are in an instant. Last time tomatoes and Salmonella were linked? Click. Outbreaks related to raw milk? Click.

Food Safety News;  This online newspaper is sponsored by my firm, Marler Clark, but run by four full time reporters and staff. It has a devoted readership for its in-depth explorations of food safety issues, with reporting from Washington, Denver, Seattle and around the country – inside the beltway, and inside the “belt” way. Again, available by RSS, email, Twitter, and Facebook

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Morbidity and Mortality Weekly Report - 2007 Surveillance for Foodborne Disease

This CDC report summarizes epidemiologic data for the 1,097 reported outbreaks occurring during 2007 (the most recent finalized data), which resulted in 21,244 cases of foodborne illness and 18 deaths.

cdc.jpgOutbreaks – Single Etiologic Agent

Among the 497 outbreaks (12,767 illnesses) with a confirmed single etiologic agent, bacteria caused 259 (52%) outbreaks with 6,441 (50%) illnesses, viruses caused 199 (40%) outbreaks with 6,120 (48%) illnesses, chemical agents caused 34 (7%) outbreaks with 141 (1%) illnesses, and parasites caused five (1%) outbreaks with 65 (1%) illnesses.

Norovirus was the most common cause of illness, accounting for 193 (39%) of the confirmed single-etiology outbreaks and 97% of those caused by viruses.

Salmonella was the second most common, causing 136 (27%) confirmed single-etiology outbreaks and 53% of those attributed to bacteria. Among Salmonella serotypes identified, Enteritidis was the most common, causing 28 confirmed single-etiology outbreaks with 555 illnesses.

Shiga toxin-producing E. coli (STEC) caused 40 of the confirmed single-etiology outbreaks (15% of those attributed to bacteria), of which 39 were caused by serogroup O157.

Outbreak – Single Food Commodity 

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Long-term Salmonella Infection Complications - Irritable Bowel Syndrome (IBS) and Reiter's Syndrome

Irritable Bowel Syndrome (IBS)

A recently published study surveyed the extant scientific literature and noted that post-infectious irritable bowel syndrome (PI-IBS) is a common clinical phenomenon first described over five decades ago. The Walkerton Health Study further notes that:

Between 5% and 30% of patients who suffer an acute episode of infectious gastroenteritis develop chronic gastrointestinal symptoms despite clearance of the inciting pathogens.

In terms of its own data, the “study confirm[ed] a strong and significant relationship between acute enteric infection and subsequent IBS symptoms.” The WHS also identified risk factors for subsequent IBS, including: younger age; female sex; and four features of the acute enteric illness—diarrhea for > 7days, presence of blood in stools, abdominal cramps, and weight loss of at least ten pounds. Irritable bowel syndrome (IBS) is a chronic disorder characterized by alternating bouts of constipation and diarrhea, both of which are generally accompanied by abdominal cramping and pain. In one recent study, over one-third of IBS sufferers had had IBS for more than ten years, with their symptoms remaining fairly constant over time. IBS sufferers typically experienced symptoms for an average of 8.1 days per month.

As would be expected from a chronic disorder, IBS sufferers required more time off work, spent more days in bed, and more often cut down on usual activities, when compared with non-IBS sufferers. And even when able to work, a significant majority (67%), felt less productive at work because of their symptoms. IBS symptoms also have a significantly deleterious impact on social well-being and daily social activities, such as undertaking a long drive, going to a restaurant, or taking a vacation. Finally, while a patient’s psychological state may influence the way in which he or she copes with illness, and responds to treatment, there is no evidence that supports the theory that psychological disturbances in facts cause IBS or its symptoms.

Reiter’s Syndrome

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Information on Salmonella

In the middle of far too many Salmonella Outbreaks, here is Salmonella Information in one easy place.

Screen shot 2010-08-11 at 9.17.28 AM.png

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ACI Foodborne Illness Litigation Conference

resample_brochure.jpgCrack Defense Lawyer, Alan Maxwell, and I will be co-chairing again this conference on “Advanced Strategies for Tackling the Underlying Science and Defending Against Complex Food Contamination Claims.” The two-day conference will be on Wednesday, October 27 to Thursday, October 28, 2010 at the Millennium Knickerbocker Hotel Chicago, Chicago, IL, United States. On the registration website ACI warns:

… many experts within the industry are predicting that food-borne illness will soon become the #1 cause of litigation facing the food industry…. In an environment such as this, your client cannot afford to be caught unprepared. Now is the time for food companies, and the lawyers who advise them, to get updated on:

• What new pathogens are infecting our food supply – and how to best trace and isolate them in the context of a food contamination incident

• How to maintain control of the corporate message and the media while preserving your relationship and reputation with the consumer and corporate stakeholders

• Selecting the best scientific/medical expert for your case – what to look for in a consulting vs. testifying expert

• The investigative priorities of government regulators – and how they will impact litigation going forward

Are you armed with your best strategies to face this rising tide of litigation?

Although everyone needs a defense, my pitch at the conference to the companies would be to focus on food safety and not poison their customers in the first place - but, that is just me.

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Fresh Express Announces Recall of Veggie Lovers Salad Due to Listeria Risk

According to a Press Release - Fresh Express is voluntarily recalling 2,825 cases of Veggie Lovers Salad with a Product Code of I208 and Use-by Date of August 10, 2010 out of an abundance of caution due to a possible health risk from Listeria monocytogenes. No other Fresh Express salads are included in the recall. No illnesses have been reported in association with the recall.

Listeria-monocytogenes.jpgThe precautionary recall notification is being issued due to an isolated instance in which one package of Fresh Express Veggie Lovers Salad yielded a positive result for Listeria monocytogenes in a random sample test collected and conducted by the Ohio Department of Agriculture.

Only the Veggie Lovers salad products with a Product Code of I208 and a Use-by Date of August 10 are included in the recall. Retailers and Consumers who have any remaining product should not consume it, but rather discard it. Consumers can find the Product Code and Use-by Date in the upper right-hand corner of the package. Although limited in number, the cases were distributed by Fresh Express to 13 states with the potential for redistribution by customers to an additional 14 states.

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Survey of State Raw Milk Product Regulations

Over the last months we have been following the in and out of state raw milk regulations.  I thought I would share the thirteen pages as a link here - Survey of State Raw Milk Product Regulations.  I would appreciate any comments or corrections.

Survey of State Raw Milk Product Regulations

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Taco Bell Salmonella Outbreak - Perhaps Ingredient is a 10-letter word for financial disaster?

VegetableStock.jpgLast week I gave a speech at IAFP - "Is Ingredient a 10-letter word for financial disaster?" At the time we had been monitoring what appeared to be a nationwide Salmonella outbreak involving two rare strains – Baildon and Hartford. We were somewhat unclear as to the source, but several of the people who contacted us did eat at Taco Bells in the days before they became ill, however, some either could not recall or believed that they had not. But, then came the CDC’s mysterious announcement of “Mexican Restaurant A” as part of a 21 state outbreak and things became clearer. Yet, again, however, even the CDC commented that ill people may not have eaten at Taco Bell. Given that people who became ill with either strain ate at various restaurants AND not at Taco Bell, that damn 10-letter word keeps popping back up – “ingredient!”

Here are Taco Bell ingredient outbreaks that we have been involved in during the last 10 years:

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Outbreaks, illnesses and recalls linked to raw (unpasteurized) and pasteurized dairy products, United States, 2010 (through August 9, 2010)

So far since January there have been 15 recalls and/or outbreaks involving raw milk products sickening 101 people.  There have also been 3 recalls and/or outbreaks involving pasteurized milk Queso fresco cheese sickening 5.  Download full chart with references.

Screen shot 2010-08-09 at 7.49.35 PM.png

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Fast Food Maven weighs in on Salmonella Taco Bell

I spoke to Ms. Luna a hour or so ago about “Irvine-based Taco Bell [being] the prime suspect in a nationwide food scare that has sickened more than 150 people in 21 states."  Her story in part:

salmonella.jpgThe Centers for Disease Control and Prevention said victims were made ill with two rare strains of salmonella over a period of time ranging from April 1 to July 19. So far, illnesses have not been reported in California. Last week, federal health officials tied the illnesses to food eaten “at a Mexican-style fast food restaurant chain.” On Monday, CDC spokeswoman Lola Russell said her agency “can’t confirm” the restaurant under investigation.

However, state health officials in Washington and Oregon, where cases have erupted, said Taco Bell restaurants are tied to the food scare. “Some [tainted] food went to Taco Bell and other places,” said William Keene, senior epidemiologist with Oregon Public Health Division, to the Register on Monday.

In fact, roughly 70 percent of the victims interviewed said they “ate at Taco Bell,” said Keene, who has been part of numerous conference calls with state and federal health officials about the salmonella probe.

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PulseNet Annual Meeting Chicago

I have the privilege to speak before the Annual Meeting of PulseNet in Chicago in a few weeks. As some may know, PulseNet is a national network of public health and food regulatory agency laboratories coordinated by the Centers for Disease Control and Prevention (CDC). The network consists of: state health departments, local health departments, and federal agencies (CDC, USDA/FSIS, FDA).

Fig-1-pulsenet_logos.gifPulseNet participants perform standardized molecular subtyping (or “fingerprinting”) of foodborne disease-causing bacteria by pulsed-field gel electrophoresis (PFGE). PFGE can be used to distinguish strains of organisms such as Escherichia coli O157:H7, Salmonella, Shigella, Listeria, or Campylobacter at the DNA level. DNA “fingerprints,” or patterns, are submitted electronically to a dynamic database at the CDC. These databases are available on-demand to participants—this allows for rapid comparison of the patterns.

Its Objectives are:

  • Detect foodborne disease case clusters by PFGE
  • Allow for real-time communication among state, local health departments, and international partners
  • Facilitate early identification of common source outbreaks
  • Help food regulatory agencies identify areas where implementation of new measures are likely to increase the safety of our food supply
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Dry Pet Food Linked to Salmonella Risk

dog_food_bowl.jpgReporting in the September issue of Pediatrics, researchers led by Dr. Casey Barton Behravesh of the U.S. Centers for Disease Control and Prevention say that contact with pets and contact with the pet's environment -- their bed and where they eat and sleep, for example -- can result in human infections. The authors of the study say they tracked a 2006-2008 Salmonella outbreak that sickened 79 American patients - about half of them 2 years old or younger - to household use of dry cat and dog food.

Feeding pets in the kitchen quadrupled the risk of illness.

Another precaution is to have well-packaged, well-stored pet food, keeping it out of the reach of infants and toddlers.

This new study, "re-emphasizes the importance of washing your hands whenever you deal with anything from a pet, including petting him, touching his mouth or cleaning up after him, especially for children whose immune systems are very weak in comparison to adults," said Dr. Philip Tierno, clinical professor of microbiology and pathology at New York University Langone Medical Center in New York City and author of The Secret Life of Germs.

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Marler Blog re-launch is a good time to think about why the hell I do it

After nearly 3,000 blog post and over 2,500,000 visitors (most since the Fall of 2006), I decided a redesign of the blog was in order. Although we are still working out a few “bugs,” the look you see here is the near final product. Hopefully, you will find the resources helpful and the commentary, well, at least tolerable.

Which brings me to why do I spend so much time on this blog, Food Safety News and all the other “bug” blogs. I think I summed it up best in Testimony I gave in 2008 before the House Energy and Commerce Committee:

House.jpgSince 1993, I have had the privilege to represent thousands of Americans - some your constituents. In 2002, during the middle of yet another E. coli outbreak, during the middle of another visit to an ICU to watch a new client struggle for life attached to more tubes than you can imagine, I penned an Op-ed for the Denver Post. Here is part of it:

This summer, scores of Americans, most of them small children or senior citizens, have already or will become deathly ill after eating ground beef boldly labeled "USDA approved." The now infamous outbreak started with a few sick kids in Colorado and quickly spread coast-to-coast, eventually triggering the recall of 19 million pounds of ground beef tainted with E. coli O157:H7.

Because their parents trusted our government's food inspections, several kids suffered kidney failure and spent days or weeks hooked up to kidney dialysis machines. For some, the long-term prognosis is grim, with the risk of further kidney failure, dialysis, transplants or worse.... Most of those kids' parents have hired me to help them get compensation for hundreds of thousands in medical costs and the risks of future kidney failure. This may prompt some readers to consider me a blood-sucking ambulance chaser that exploits other people’s personal tragedies.

If that is the case, here is my plea: Put me out of business. Please.

For this trial lawyer, E. coli has been a far too successful practice - and a heart-breaking one. I am tired of visiting with horribly sick kids who did not have to be sick in the first place. I am outraged with a food industry that allows E. coli and other poisons to reach consumers, and a President, Congress and federal regulatory system that do nothing about it. Stop making kids sick - and I will happily move on.

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Taco Bell Salmonella Outbreak - the CDC thinks I might be logical?

AOL reporter Andrew Schneider reported a few moments ago in – “Attorney: Vegetables Likely Culprit in Outbreak Linked to Taco Bell:”

gidget.jpgAn attorney for a nationally known food safety law firm said Saturday that the salmonella outbreak linked to Taco Bells in 21 states is likely the result of vegetables being brought into the stores.

"Since the outbreak is so widespread, its likely that the contamination was on the vegetables when they arrived at the stores and not something that happened while the food was being prepared," attorney Bill Marler of Marler Clark told AOL News.

Marler's firm has filed a suit on behalf of a Kentucky woman who said she became ill after eating at a Taco Bell.

He said his firm also was involved with two prior food poisoning outbreaks at Taco Bell. In 2000, there was a hepatitis outbreak in green onions at the chain, and in 2006 an E. coli outbreak sickened many patrons.

A Centers for Disease Control investigator acknowledged to AOL News Saturday morning that Marler's assumptions are "logical and that's what we're exploring."

(Full Article) Damn, its good to be logical on a Saturday morning.

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Botulism

botulism.jpgBotulism is a rare, life-threatening paralytic illness caused by neurotoxins produced by an anaerobic, gram-positive, spore-forming bacterium, Clostridium botulinum. Unlike Clostridium perfringens, which requires the ingestion of large numbers of viable cells to cause symptoms, the symptoms of botulism are caused by the ingestion of highly toxic, soluble exotoxins produced by C. botulinum while growing in foods.

Overview

These rod-shaped bacteria grow best under anaerobic (or, low oxygen), low-salt, and low-acid conditions. Bacterial growth is inhibited by refrigeration below 4° C., heating above 121° C, and high water-activity or acidity. And although the toxin is destroyed by heating to 85° C. for at least five minutes, the spores formed by the bacteria are not inactivated unless the food is heated under high pressure to 121° C. for at least twenty minutes.

The incidence of foodborne botulism is extremely low. Nonetheless, the extreme danger posed by the bacteria has required that “intensive surveillance is maintained for botulism cases in the United States, and every case is treated as a public health emergency.” This danger includes a mortality rate of up to 65% when victims are not treated immediately and properly. Most of the botulism events that are reported annually in the United States are associated with home-canned foods that have not been safely processed. Very occasionally, however, commercially- processed foods are implicated as the source of a botulism events, including sausages, beef stew, canned vegetables, and seafood products.

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A Million Pounds of Meat Recalled due to E. coli - but Recalls still down - so far

Whenever there is a food recall Public Radio reporter John Sepulvado is not far behind. I had a chance to talk to him this afternoon after he sent me a tweet.

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1 million pounds of beef packaged in Modesto has been recalled due to possible E. coli contamination.

Yet, over the past four years, meat recalls linked to E. coli have declined dramatically nationwide.

In 2007 more than 30 million pounds of meat were pulled in 21 separate recalls. And since then, according to federal government records, meat recalls have dropped off. In 2009, there were 13 recalls totaling less than a million pounds of meat. Some scientists have speculated the fluctuation could be due to climate change, while the meat packing industry says packing has gotten safer.

Bill Marler is a Seattle based attorney specializing in food borne illnesses. He says the packing industry has taken greater strides to prevent E. coli contamination, but ultimately it takes very little E. coli to make someone sick.

“Ten to fifteen bacterium are enough to kill you,” Marler says. “A hundred thousand of them would fit on the head of a pin. That’s really difficult to control.”

So far this year, there have been 12 recalls.

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Sagebrush BBQ & Grill and Max & T's Bar Linked to Hepatitis A Illness

HepatitisLawyer.jpgCustomers of two Grand Lake Colorado restaurants are being urged to get either immune globulin (IG) or hepatitis A shots following the discovery that a worker employed at both eateries has a case of hepatitis A. The two restaurants were identified as Sagebrush BBQ & Grill and Max & T's Bar and Grill by the Grand County Public Health department. The health department said there are no other confirmed cases of hepatitis A at this time.

People should get the hepatitis A shots if they ate at Max & T's between July 26 and July 30, or the Sagebrush between July 24 and Aug. 3. The patrons should receive the shots within 14 days from the date they ate at the restaurants.

Hepatitis A virus is spread as a result of fecal contamination. It may be spread from person to person through close contact or through food handling.

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12 E. coli Recalls Totalling 1,786,859 Pounds of Meat in 2010

Yesterday morning I had the opportunity to speak at the National Meat Association annual "meating."  For the most part my speech was positive.  From a spike in outbreaks, illnesses and recalls in 2007, the numbers have dropped - well, until this morning when 1,000,000 pounds of meat were recalled due to illnesses in California.  Before this mornings recalls, here were the numbers:

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E. coli Recall of 1,000,000 pounds of meat from Valley Meat Company

FSIS Class I Recall

Valley Meat Company, a Modesto, Calif. establishment, is recalling approximately one million pounds of frozen ground beef patties and bulk ground beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced this morning.

The products subject to recall bear the establishment number "EST. 8268" inside the USDA mark of inspection as well as a production code of 25709 through 01210. These products were produced between the dates of Oct. 2, 2009 through Jan. 12, 2010 and were distributed to retail outlets and institutional foodservice providers in California, Texas, Oregon, Arizona and internationally.

FSIS became aware of the problem on July 15 when the agency was notified by the California Department of Public Health (CDPH) of a small E. coli O157:H7 cluster of illnesses with a rare strain as determined by PFGE subtyping. A total of six patients with illness onset dates between April 8 and June 18, 2010 were reported at that time. After further review, CDPH added another patient from February to the case count, bringing the count to seven. FSIS is continuing to work with the CDPH and the company on the investigation. Anyone with signs or symptoms of foodborne illness should contact a health care provider.

The following products are subject to recall:

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Taco Bell linked to some of the 155 Salmonella Hartford and Baildon illnesses in 21 States

Taco Bell Salmonella Outbreak

Yesterday afternoon I asked, "Will the CDC name Taco Bell as the "Mexican-style fast food restaurant chain" associated with some Salmonella Hartford and Baildon illnesses?"  I asked that because we have been tracking several of the cases over the last several weeks.  However, one confirmed case became ill only two weeks ago.

And, today we have confirmation via Phyllis Entis, MSc., SM(NRCM), Just call me Sherlock Holmes, at eFoodAlert that the "CDC, Washington State, confirm Taco Bell is "Restaurant Chain A."  As Sherlock said:

In an email message sent just moments ago, Kristen Nordlund of the Centers for Disease Control and Prevention confirmed that Taco Bell is the national fast food Mexican style restaurant chain associated with Salmonella illnesses in 21 states. 

Nordlund’s email was in reply to my request for confirmation of a report that I received from Gordon MacCracken of the Washington State Department of Health, who named Taco Bell as the restaurant chain identified by that state’s sole outbreak victim.

Taco Bell is a national Mexican-style fast food restaurant chain that is part of the Yum! Brands family. Other Yum! restaurant chains include KFC, Pizza Hut, A&W and Long John Silver. No other Yum! restaurant chain has been implicated in this Salmonella outbreak.

CDC reported last evening that 21 states had registered a total of 155 cases of salmonellosis. More than 60% of the people interviewed had eaten at "Restaurant Chain A" – now identified as Taco Bell. Seventy-five of the outbreak victims were infected with Salmonella Hartford; eighty with Salmonella Baildon. No single food or ingredient has been determined to be responsible for the outbreak.

Great Job Sherlock.  Oregon too ties a Salmonella illness to Taco Bell.  Here is the breakdown by state:

75 Salmonella Hartford illnesses since April 1. The breakdown by state is Colorado (1 ill), Georgia (1 ill), Illinois (5), Indiana (11), Kentucky (23), Massachusetts (2), Michigan (3), Montana (1), North Carolina (1), New Hampshire (1), New York (1), Ohio (19), Pennsylvania (1), South Carolina (1) and Wisconsin (4).

80 Salmonella Bialdon illnesses since May 1. The number of ill people identified in each state with this strain is as follows: Connecticut (1), Georgia (1), Iowa (1), Illinois (20), Indiana (4), Kentucky (5), Massachusetts (1), Michigan (4), Minnesota (5), New Jersey (6), New Jersey (2), Ohio (6), Oregon (1), Washington (1) and Wisconsin (22).

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Marler now on Facebook

OK, I finally gave in to the social media thing.  I have been tweeting for several months now, but my three daughters kept bugging me about joining Facebook.  So, here it goes.

I have set up both a personal page (so I can find you and you can find me) and a “fan” page. Rather than try upkeep on both, I’ll be spending my time over on my blog page, which is Marler Clark Blog.  When you’re in Facebook, just search for Marler Clark Blog, and the page will show up.  (Once I have a few fans there, I can personalize a URL and make it a little easier to navigate to…or so I’m told.)

So as much as I resist writing this sentence, please visit the Marler Clark blog page and “like” me.

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USDA and DuPont Collaborate on New Test for the "Big 6" non-O157 STEC

In a not-so-well published press release, DuPont and the USDA have agreed to collaborate on the development of a new test for detecting hard-to-identify (allegedly) strains of toxin-producing E. coli that are not currently regulated and have been causing increased instances of food contamination and illness.

In the release FSIS admits that “in recent years, other types of STEC have been identified as agents of foodborne illness, and these are a growing concern in the United States, Europe, Japan and food safety agencies worldwide.”

Also according to the release, the Agriculture Research Service (ARS) of the USDA will collaborate with DuPont to develop an effective test for the “Big 6” non-O157 STEC pathogens in food.

These are the same STEC's that I petitioned the USDA to deem adulterants in my October 2009 Petition.  I had also done a blog post a few days before that "Why Should the Food Safety and Inspection Service Declare Enterohemorrhagic non-O157 E. coli to be an Adulterant?"

The U.S. Centers for Disease Control (CDC) estimate that non-O157 STEC bacteria are responsible for 36,000 illnesses, 1,000 hospitalizations and 30 deaths annually.

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Salmonella Hartford and Baildon Outbreak Links unnamed Mexican Restaurant Chain with 155 Illnesses

The CDC is collaborating with public health officials in multiple states, the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA/FSIS) to investigate two multistate outbreaks of Salmonella infections, each involving a different Salmonella serotype: Hartford and Baildon. Both of these Salmonella serotypes are rare, and ill persons in both outbreaks have a similar age and geographic distribution.

An analysis indicates that eating at a Mexican-style fast food restaurant chain, Restaurant Chain A, is associated with some illnesses. Among persons eating at Restaurant Chain A, no specific food item or ingredient was found to be associated with illness for either outbreak.

An extensive traceback effort was initiated to determine if a common source or supplier could be identified to help focus the epidemiologic investigations. No common food source was identified in either traceback.

Salmonella Hartford Outbreak Investigation

As of 9:00 PM EDT on August 1, 2010, a total of 75 individuals infected with a matching strain of Salmonella Hartford have been reported from 15 states since April 1, 2010. The number of ill people identified in each state with this strain is as follows: CO (1), GA (1), IL (5), IN (11), KY (23), MA (2), MI (3), MT (1), NC (1), NH (1), NY (1), OH (19), PA (1), SC (1) and WI (4). Among those for whom information is available about when symptoms started, illnesses began between April 30, 2010 and July 18, 2010. Case-patients range in age from <1 to 80 years old, and the median age is 39 years. Fifty-seven percent of patients are female. Among the 47 patients with available hospitalization information, 15 (32 %) were hospitalized. No deaths have been reported.

Salmonella Baildon Outbreak Investigation

As of 9:00 PM EDT on August 1, 2010, a total of 80 individuals infected with a matching strain of Salmonella Baildon have been reported from 15 states since May 1, 2010. The number of ill people identified in each state with this strain is as follows: CT (1), GA (1), IA (1), IL (20), IN (4), KY (5), MA (1), MI (4), MN (5), NJ (6), NY (2), OH (6), OR (1), WA (1) and WI (22). Among those for whom information is available about when symptoms started, illnesses began between May 11, 2010 and July 19, 2010. Case-patients range in age from 1 to 82 years old, and the median age is 47 years. Seventy-four percent of patients are female. Among the 68 patients with available hospitalization information, 27 (40 %) were hospitalized. No deaths have been reported.

And, the name of the Mexican Chain Restaurant is?  Taco Bell perhaps?

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Canadian Medical Association Weighs in on US Food Safety System

A few weeks ago I spoke to the CMAJ for the story that they published this morning - "Report calls for overhaul of US food safety system:"

… A 500-page report by a committee of the Institute of Medicine and the National Research Council recommends, among other things, that the US Food and Drug Administration (FDA) shift "from a reactive approach to a risk-based approach" to food safety, set up a central data analysis operation to more efficiently pinpoint problems and better coordinate inspection efforts with state and local governments.

The study, "Enhancing Food Safety: The Role of the Food and Drug Administration," suggests the FDA is failing to keep up with new challenges and lacks the vision to ensure food safety (http://books.nap.edu/openbook.php?record_id=12892). While more than 15 US agencies have some role in food safety, the FDA oversees about 80% of the country’s food supply, including all produce, seafood and cheeses. …

Attorney Bill Marler, whose Seattle law firm specializes in food-related illnesses, says a lack of coordination among state, federal and local governments is one reason that outbreaks of foodborne illnesses aren’t identified more quickly.

FDA is "underfunded and understaffed for what we expect them to do and it’s only getting worse" as imports increase and food production becomes more complex, Marler says. "The risks are just larger. We’ve not kept up with the reality of how our food is produced."…

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What's wrong with Colorado? Salmonella in Rattlesnake Cake and E. coli in Raw Milk and Buffalo Meat

It has been a bit of a quiet summer when it comes to food poisoning outbreaks – that is a good thing - but not so in Colorado.

Just a few moments ago, the Colorado Health Department announced that more than two-dozen people who ate at The Fort in Morrison last month got sick. Officials believe undercooking eggs caused it - in particular for one specialty of the house. One of the signature dishes is rattlesnake cake. This year between July 10 and July 16 more than two-dozen people became ill at The Fort, quite possibly from the egg ingredients in the rattlesnake dish. So far there are eight confirmed cases of Salmonella and 20 listed as probable.

In July Boulder County Department of Health announced that two children had been hospitalized with hemolytic uremic syndrome after becoming ill from drinking unpasteurized goat milk in June that came from Billy Goat Dairy in Longmont. Lab tests confirmed that raw milk from the Billy Goat Dairy farm was contaminated with Campylobacter and farm goat feces carried E. coli O157:H7. Thus far 30 people have been sickened out of the 40 families that participated in the goat share program.

Also in July, Rocky Mountain Natural Meats recalled 66,000 pounds of bison and buffalo meat after a cluster of E. coli O157:H7 illnesses in Colorado were linked to the product. Health authorities identified 5 illnesses in Colorado and one illness in New York in people who consumed the product.

Cleary, Colorado has more than Coors and the Rocky Mountains.

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Making Cookie Dough Safe to Eat

The International Association of Food Protection (IAFP) Conference has its share of food safety rock stars, none less bright that Food Safety News Editor in "Chef," Dan Flynn. Dan came down from the Denver Bureau where he covered a candid talk about the dangers of wheat flour. He published the story this morning over at Food Safety News“Flour Investigated as E. coli Source.” It is a good read.

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Marler with Hirsch on Crop to Cuisine

Had a nice chat this AM with Mr. Hirsch with Crop to Cuisine - Yes, it was about raw milk. Click on Sound Bites August 2, 2010.

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Raw Milk - Not Necessarily Safer

Last Friday I spoke with NPR about the safety (or lack thereof) of raw milk. Listen to the full 10 minutes:

Here is the interview transcript in part:

Bill Marler is a Seattle-based lawyer who specializes in cases of food-borne illness. He’s also the founder of a nonprofit consulting firm that teaches food companies how to make their food safer. He doesn’t blame raw foodists for wanting natural foods, but he disagrees that they’re safer.

The bugs that exist today aren’t the same as they were 50 years ago, he says. "It’s a different world, and you have to pay attention, especially for young children."

E. coli, salmonella and listeria are all fecal bacteria. "It’s very difficult to create a sanitary environment when cows don’t wear diapers," Marler says. It’s harder still to produce raw milk safely at the volume that retail stores demand.

"It’s not something you can see, taste or smell," he adds. "There’s very little margin of error for these bugs."

If people want to consume raw milk, Marler says, they need to purchase it directly from the farm. "They need to go and look that farmer directly in the eye. They need to see the facility — and it also needs to be regulated by state and local authorities."

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China International Food Safety & Quality Conference + Expo November 10 - 11 2010 Shanghai China

I am proud to once again be one of the prime sponsors of the China International Food Safety & Quality Conference + Expo (CIFSQ) which “aims to facilitate the exchange of knowledge and collaboration amongst all global stakeholders” in food safety. As Vice Premier Li Keqiang, Head of the National Food Safety Commission, State Council, P.R.C said:

“Food is essential, and safety should be a top priority. Food safety is closely related to people’s lives and health, economic development and social harmony. We must create a food safety system of self-disciplined food companies with integrity, effective government supervision and broad public support, to improve overall food safety."

I could not agree more. See you in Shanghai.

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"Can't we all just get along" - It does not seem so.

I received this email today in response to an interview I gave recently about raw milk to “Food Manufacturing” online:

Farm fresh? All the rage? natural food craze? certified organic is a buzzword? You make the lifestyle of eating pure, unpesticide treated, unindustrialized, unprocessed food seem like a generational fad like acid washed denim or cabbage patch dolls. Those use words like you in your ridiculous article are afraid of the truth and just don’t want to know about it. So keep eating your corn feed beef, your pesticide-salads and your oreo cookies, you industrial eaters because you seem to not care about your bodies or your kids health or the future of the earth.

Actually, I get more than a few emails like this. Most do a bit better at spelling and punctuation, but nearly all are from raw milk proponents, producers or consumers (although there are a few from the anti-S 510 cabal). Some, but not all, have a level of passion that borders on violence. Perhaps not directed at me, but generally in the “do not tread on me” – “tea party” shouting that we have been subjected to over the last year.

Frankly, I was perplexed at the “yell fest” that passed for discussion of whether we should expand health care to the 40,000,000 of our fellow citizens without health insurance. I am shocked at how we scream at each other via email or blog comments about raw milk or honest differences about how food safety legislation should be modeled. It is like screaming at and belittling each other at the dinner table – albeit, a very large table.

What is with all this anger over food? I mean honestly, it seems like there are bigger fish to fry. What about the wars? Global warming? Energy policy?

But, folks are angry about their view of food – especially the proponents of raw milk (affectionately, “raw milkies”) and the anti-S 510 folks (affectionately, “organic tea baggers”). Both groups view themselves as victims of big government and big business bent on reducing them to servitude or extinction. They cannot see that perhaps, just perhaps, people who see the dangers of raw milk or the value of S 510, might simply have an honest disagreement with those that see raw milk as the nectar of the gods or S 510 as more than a method of lining the pockets of Monsanto. But, hey, that is just me.

So, does the yelling, threats and belittling of the anti raw milk/pro S 510 crowd actually work? Are some convinced that those that yell the loudest have the best arguments? Or, do some simply shy away from their positions after being the target of a nasty blog post or scathing email or comment? I think some do. I know I have been tempted to simply focus on other pressing issues surrounding food safety - there are many – and let folks guzzle raw milk to their heart’s content and let S 510 die a lingering death.

But, that is not my style. Even as a child when told to do A I usually did B. When the raw milk party calls me a tool of big dairy or an ambulance chaser, I come back with reasoned pros and cons of raw milk consumption, videos of raw milk consumers sickened and a website – Real Raw Milk Facts - dedicated to having a reasoned discussion about raw milk. I am also beginning to work of a raw milk retail sampling project to test its safety.

As for S 510, the nastier the emails from small producers who want little or no food safety regulation, the more money I donate to political campaigns, the more trips I take to DC, and the more often I fund victim visits to their favorite Senator.

And, to do the above, I hardly raise my voice. Well, once in awhile I do.

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