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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

It is good after a several month CDC and FSIS investigation, 184 sick in 38 states that Daniele International Inc Recalls 1.2 Million Pounds of Salmonella Black Pepper Salami/Salame

And it is good to see the product list recalled – See post below.  Now comes the question – "what stores sold this stuff, and why are they not being named?"

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

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

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

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

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

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

Another question is why it took local, state and federal health authorities from July 2009 to yesterday to announce that a total of 184 individuals infected with a matching strain of Salmonella Montevideo have been reported from 38 states since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: AL (2), AZ (5), CA (30), CO (2), CT (4), DE (2), FL (2), GA (3), IA (1), IL (11), IN (3), KS (3), LA (1), MA (12), MD (1), ME (1), MI (1), MN (4), NC (9), ND (1), NE (1), NH (1), NJ (7), NY (15), OH (9), OK (1), OR (8), PA (3), RI (2), SC (1), SD (3), TN (3), TX (7), UT (7), VA (1), WA (14), WV (1), and WY (2).

More on that later.