Pretrial notice of 404(b) material is required so that Defendants, Jensen brothers, are not subjected to a “trial by ambush.” See, United States v. Kelly, 420 F.2d 26, 29 (2nd Cir. 1969). To prevent the introduction of such evidence, and to head off time-consuming and potentially prejudicial contests before the jury over the admissibility
September 2013
DuPage County Report Issued on Los Burritos Mexicanos E. coli Otbreak
Dupage County’s Report of the E. coli O157:H7 outbreak from earlier this Summer, just landed in my inbox.
The outbreak associated with Los Burritos Mexicanos ended after the restaurant was closed on 6/14/2013. A total of 52 ill non-food handlers were identified during this investigation. Of these 52 cases, 17 were lab-confirmed with E. coli…
Cantaloupe Growers to each face as much as Six Years in Jail and $1,500,000 Fine in Listeria Outbreak
From US Attorney Press Release:
Eric Jensen, age 37, and Ryan Jensen, age 33, brothers who owned and operated Jensen Farms, located in Granada, Colorado, presented themselves to U.S. marshals in Denver today and were taken into custody on federal charges brought by the U.S. Attorney’s Office with the Food and Drug Administration – Office…
Assuming criminal charges are someday pressed against Jensen Farms, and you need a quote
On behalf of my 46 clients, 25 family members of people who died from Listeria and 21 sickened who survived, I am pleased that the US Attorney’s office recognizes that some form of criminal sanctions were appropriate against Jensen Farms for sickening at least 147 people and killing over 33 in 2011 from tainted cantaloupe…
More Raw Milk Cheese Linked E. coli Illnesses Raise 60 Day Aging Questions
I would suggest taking a look at – “A look at the Safety – or not – of Raw Milk Cheese and the “60 Day Rule”
The Public Health Agency of Canada, along with its health and food safety partners, is investigating 21 cases of E. coli O157:H7 illness; 9 in British Columbia, 9 in…
More Hepatitis A Cases Linked to Costco
As of September 20, 2013, 162 people have been confirmed to have become ill from hepatitis A after eating ‘Townsend Farms Organic Antioxidant Blend’ in 10 states: Arizona (23), California (79), Colorado (28), Hawaii (8), New Hampshire (1), New Jersey (1), New Mexico (11), Nevada (6), Utah (3), and Wisconsin (2). [Note: The cases reported…
Praying for Food Safety Does Not Work – 13 Sick and 1 Dead – Update
Update: Quebec adds one illness to growing list.
“I can’t undo it. God is in control, not man.”
Gort’s co-owner, Kathy Wikkerink, in an interview with Canadian Press.
The Public Health Agency of Canada, along with its health and food safety partners, has been investigating thirteen cases of E. coli O157:H7 illness; four in British…
Salmonella in Kentucky and North Carolina – Dozens Sick and One Dead
Kentucky:
Kentucky press reports, that there have been seven culture confirmed cases of Salmonella in Hopkins County including a death from the illness. Four people have been hospitalized including the person that died, said Hopkins County Health Department Director Denise Beach.
“There are always…
Another New York Hepatitis A Scare – This Time With Customers Ill
Health Department Warns Patrons Of New Hawaii Sea Restaurant In The Bronx Of Possible Exposure To Hepatitis A From September 7th To September 19th
Customers who ate food from New Hawaii Sea Restaurant in the Bronx (1475 Williamsbridge Road) Between Those Dates Should Get Hepatitis A Vaccine as soon as possible
Five Cases of Hepatitis…
A look at the Safety – or not – of Raw Milk Cheese and the “60 Day Rule”
After more news of the E. coli O157:H7 outbreak linked to raw milk cheese, it reminded me of a post from 2001:
After the recent E. coli O157:H7 outbreak linked to Bravo raw milk gouda cheese that sickened 38 (one with HUS), the New York Times is quickly becoming the go to newspaper for cheese lovers.
Bill Neuman wrote yet another article on cheese – “Raw Milk Cheesemakers Fret Over Possible New Rules” – after Food Safety News reported it and in follow-up to my five part series on raw milk and the “60 day rule” – Part 1, Part 2, Part 3, Part 4 and Part 5, and the continuing outbreaks, illnesses and recalls linked to raw (unpasteurized) and pasteurized dairy products in the United States. He did note in his article from the FDA Inspection Report – Observation 2 that Bravo packaged cheese for shipment BEFORE the 60 days had run.
Mr. Neuman last year also penned – “As Cheesemaking Blooms, So Can Listeria” and “Small Cheesemaker Defies F.D.A. Over Recall” – following a Listeria recall linked to Estrella Family Creamery (See Inspection) and an E. coli O157:H7 outbreak linked to Sally Jackson Cheese (See Inspection) – both producers from the state of Washington. Here is my full series on the 60 Day Rule:
The Raw Milk Beat Goes On:
A Look at the Literature and the 60-Day Raw Milk Cheese Aging Rule
Introduction
Some say raw milk cheeses are being beat-up by US regulators this year. Indeed, if there was a Food Safety Zodiac, 2010 would be the Year of the Cheese (shell eggs a close second). Whatever the underlying explanation, the number of cheese-related illnesses and recalls in 2010 appears unprecedented. While covering these events, my blog has been inundated with comments expressing outrage at FDA and state regulators for raw milk cheese “crackdowns.” The comments range from fringe screams about food Nazis and fascists to thoughtful and informative discussions about the microbiology of raw milk cheeses and implications for food safety and quality.
Tami Parr of the Pacific Northwest Cheese Association portended regulatory changes that may affect the fate of raw milk cheeses on her blog earlier last month. Interestingly, she links to a 1997 memo that recommended FDA re-examine its 60-day aging process for hard cheeses made from raw milk. No changes were made to the rule at that time, but clearly the issue of aged raw milk cheeses and food safety is not new, as shown in the timeline below.
To look at the issue closer, this paper provides an overview of the historical context and timeline of raw milk cheese regulations in the US, and examines the state-of-the-science surrounding the 60-day aging rule established by FDA. I have broken it into 5 parts for ease of reading. At the end of part 5, I will provide the entire paper in PDF.
I welcome comments, suggestions, and additional literature from readers to add to the analysis.
Continue Reading A look at the Safety – or not – of Raw Milk Cheese and the “60 Day Rule”