Today the USDA’s Food Safety and Inspection Service posted a 13-page distribution list of retail stories in CO, ID, IL, MA, ME, MI, MN, MT, ND, NH, NV, RI, VT, UT, WI and WY which may have received this recalled product.)

Chicago-based Aspen Foods Division of Koch Meats is recalling 28,980 pounds of chicken products shipped to Minnesota that may be contaminated with Salmonella Enteritidis. The U.S. Department of Agriculture requested that Aspen Foods conduct this recall after the product was found to have caused an outbreak in Minnesota that has sickened at least six people.

U.S. District Judge William P. Johnson of the District of New Mexico has signed a consent decree imposing requirements on Sunland Inc., a manufacturer and distributor of peanut products linked to an outbreak of Salmonella Bredeney, to keep potentially harmful products from entering the marketplace, the U.S. Food and Drug Administration said today. On Nov. 26, 2012, the FDA suspended Sunland’s registration because it did not provide enough assurance that existing problems would be corrected. This was the first use of the agency’s authority to prohibit a food facility from introducing product into interstate or intrastate commerce, an authority granted to the agency under the FDA Food Safety Modernization Act of 2011.

Based on the requirements of the consent decree, signed on Dec. 21, 2012, FDA has determined that adequate grounds no longer exist to continue the suspension actions and will vacate the suspension order and reinstate Sunland’s food facility registration. However, the company cannot process or distribute food from its peanut butter plant or peanut mill plant in Portales, N.M., until it has complied with the consent decree’s requirements to the agency’s satisfaction. Sunland must receive written authorization from the FDA prior to resuming operations at both its peanut butter and peanut mill plant.

The consent decree requires that Sunland retain an independent sanitation expert to develop a sanitation control program that the company must then implement. The requirements also include compliance with the GMP regulations. In addition, for the peanut butter plant, the company must conduct environmental monitoring and testing to ensure that disease-causing organisms are not present in the facility or in its finished foods and must have comprehensive inspections conducted by an independent sanitation expert. The consent decree permits Sunland to receive, hold, and distribute raw, unshelled peanuts from its storage buildings because the raw, unshelled peanuts are bound for processing facilities that include a “kill step” to eliminate Salmonella and other pathogenic bacteria.

The need for a consent decree stems from evidence linking Sunland to an outbreak of Salmonella Bredeney that sickened 42 people in 20 states, coupled with the company’s history of violations, which led to suspension of the facility’s registration. FDA investigators collected environmental and finished-product samples at the Sunland facilities in Portales between mid-September and mid-October. Subsequent analysis determined that Salmonella Bredeney with a DNA signature identical to the strain responsible for the outbreak was present in the samples. Additionally, the investigators documented significant deviations from the agency’s current good manufacturing practice (GMPs) regulations, including insanitary conditions and improper manufacturing practices.


A year after 147 people were sickened, and perhaps 37 died, from Listeria-tainted cantaloupe, comes yesterday’s announcement from the CDC and FDA that a total of 141 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 20 states.  The number of ill persons identified in each state is as follows: Alabama (7), Arkansas (3), California (2), Georgia (1), Illinois (17), Indiana (13), Iowa (7), Kentucky (50), Michigan (6), Minnesota (3), Missouri (9), Mississippi (2), New Jersey (1), North Carolina (3), Ohio (3), Pennsylvania (2), South Carolina (3), Tennessee (6), Texas (1), and Wisconsin (2).  31 persons have been hospitalized, and two deaths have been reported in Kentucky.

In the course of their investigation, state officials in Kentucky and Indiana found evidence that they believe indicate cantaloupes grown in southwestern Indiana may be a source of the ongoing Salmonella Typhimurium outbreak.  However, the farm and the retail outlets where the cantaloupes were sold have as yet been unnamed.

Not surprisingly I received a few emails from clients that I represent in last year’s cantaloupe debacle.  Here is one:

I can’t believe that as we near the anniversary of my mother’s death from eating Listeria contaminated cantaloupe that we are looking again at illnesses and deaths from cantaloupe.  And, this is coming on the heels of another widespread cantaloupe recall from Listeria that is still ongoing.  Has nothing been learned?  Is anyone listening?  Are more deaths to be accepted as business as usual?   

Congress has its head so deep in the sand of denial that they can’t hear our voices warning them.  So I understand now, more than ever, the need for louder noise on the part of the informed to drag our government leaders out and make them hear what’s at stake.  Americans shouldn’t have to lose a family member to foodborne illness to become aware of or understand the importance of this issue.

The loss of 37 lives last year due to Jensen Farm’s negligence, in the largest foodborne death toll in a hundred years, is the tip of the possible iceberg should a huge farm with wider distribution make similar mistakes and flood our nations markets with deadly produce on an even larger scale. 

Here is another:   

I feel like I have been kicked in the stomach. My heart goes out to the families and the victims of this latest cantaloupe food borne illness. California and Colorado have strengthened their food safety standards especially for cantaloupe. The problem still exists for the ‘bad actors’ in the industry.

My dad, a WWII Purple Heart winner, died from eating Listeria-tainted cantaloupe last year.  Have we learned nothing?  This September the families of the Jensen Farms Listeria outbreak are observing a 1-year anniversary.  This will not be a joyous time.

And, one more:

Last year, as my mom lay dying of listeria from a Jensen Farms cantaloupe, she prayed that it would never happen to anyone else.  She was not normally a litigious person, but joined the lawsuit against Jensen Farms to help effect change. 

You can’t imagine how my heart ached when I read that there is now a salmonella outbreak from cantaloupe!  Then I got the below email from the attorney representing my mom and over 40 others.  My heart still aches, but now it is also filled with anger from what our government isn’t doing to protect us!  

One more came in this morning:

It is as if no one cares. Are they thinking “If something goes wrong that it what we have liability insurance for. Just doing business.”

If one were to take a knife and kill 37 people and injure 147 others that person would be in prison and looking at death. Yet killing people by failing to follow food safety laws is not punished with prison time; even if the results are the same. Mass murder is mass murder.

Then five more:

It is hard to believe that another outbreak involving cantaloupe is happening again. I have heard of several smaller outbreaks and now this one sickening another 141 people. Did the FDA and Congress not learn a lesson? My daughter is the youngest survivor of the listeria outbreak from last fall that sickened 147 people and killed over 35 people. She was born premature at week 29. Her life was changed forever when I ate contaminated cantaloupe. When is it going to end? Why do more people have to endure this terrible experience?

It’s the kind of anniversary that you acknowledge but not one that you celebrate. Last year my dad died after eating cantaloupe grown on Jensen farm in Colorado. He never knew what hit him. We were shocked at his death and later dismayed when we heard of the negligence of Jensen and the lack of government oversight. We will continue to be angered until regulations on food production and safety are written and enforced. It would be the best kind of legacy for my dad and the many others who were killed and made ill. Their deaths and illnesses should help to prevent this kind of tragedy from happening to other families.

While the “Melon Growers Celebrate Rebound” according to the Gazette newspaper, August 19,2012, a new outbreak of disease caused by tainted cantaloupe is occurring in the Midwest. This is devastating news. When I think about the pain and suffering my husband endured for five and a half months, my heart breaks for the new victims. When is this nightmare going to stop?

Words cannot express how sickening it is to hear of another Listeria outbreak related to cantaloupes, nearly one year after my father was and still is affected by last year’s outbreak. What will it take for our government officials to insure the safety of our food? Does one of their own family members need to be affected or die from something that is preventable? Why is the government protecting the source of the Listeria by not naming the Indiana farm involved? So many unanswered questions because government officials did not act proactively after last year’s outbreak. My heart goes out to those people who are affected by the current outbreak.

Its inconceivable that the government would not make the public aware of the outlets that this infected food is distributed, there is no excuse or reasonable explanation for such a policy. Almost to the day we are approaching the year anniversary of our father’s passing from the Jensen Farms listeria outbreak, to think that more families are now about to go through what we went through with dad simply breaks my heart.

With your good work on behalf of the victims and their families, hopefully the seemingly increasing incidences of these outbreaks will be stopped. The government’s motivation may be to protect the businesses, but they would be better served concerning themselves with the future viability of the entire industry and not the individual growers and distributors in this particular outbreak. Continued outbreaks are going to kill this industry, and the only way to save the industry is to put the light squarely on the industry, bring it into the light with a total reexamination of how things are done in its entirety. More light, not less will save the industry and those that consume the product.

Keep up your good work, Bill, these families will need your expertise to help them through their horrible days.

And, it is not like government and the industry – growers, shippers and retailers – have not had ample warning:




Confirmed Illnesses








Melon or cantaloupe



30 states



Cut cantaloupe at salad bars



International, including U.S.



Likely Mexican cantaloupe






Mexican cantaloupe.



Ontario, Canada









Restaurant, cantaloupe or melon



California, Oregon, Colorado, Washington, New Mexico, Nevada



Mexican cantaloupe



Multi-state and International



Viva Brand cantaloupe



California, Minnesota, Oregon, Arkansas, Vermont, Nevada, Texas



Susie Brand cantaloupe



New York, Ohio, New Mexico, Massachusetts, Connecticut, Missouri



Day care center and private homes, cantaloupe/honeydew melon



Multi-State and International



Cantaloupe cut at processing facility in Canada






Private home






Agropecuraria Mobtelibano cantaloupe, from Honduras






Restaurant, melon and cantaloupe






Del Monte cantaloupe






Jensen Farms cantaloupe






Indiana Farm cantaloupe


Oklahoma State Department of Health
Acute Disease Service 

Summary of Supplemental Questionnaire Responses Specific to
Taco Bell Exposure of Oklahoma Outbreak-associated Cases
Multistate Salmonella Enteritidis Outbreak Investigation
November 2011 – January 2012 

Summary Demographic information

• 16 cases in 5 Oklahoma counties – Cleveland (10), Bryan (2), Lincoln (2), Pottawatomie (1), and Greer (1)

• Onset date range: 10/21/2011 – 11/18/2011 – 1 onset date unknown but believes around Thanksgiving

• Hospitalizations: 4

• Gender distribution: 10 (63%) females and 6 (37%) males

• Age range: 5 to 78 years (median 23 years)

Taco Bell exposure summary of Oklahoma cases from supplemental case-control questionnaire responses

• Total Oklahoma cases: 16

• Total interviewed: 12/16 (4 refused or were lost-to-follow-up)

• Consumed food from Taco Bell: 8/11

Like I said to MSNBC:

But food safety advocates had been putting pressure on state and federal agencies to reveal the name of firms involved in outbreaks in this case — and those in the future.

“I think it just proves the point that it is always better to be transparent,” said Bill Marler, a Seattle food safety lawyer who used his blog to lobby vigorously for the release of the name. “Taco Bell could have looked like a hero by coming out and saying that it was a supplier problem and they are going to work hard to make sure it never happens again.”

And, Taco Bell’s response:

In response Taco Bell said in a statement that investigators found that some of the people who became ill ate at Taco Bell, while others did not. “They believe that the problem likely occurred at the supplier level before it was delivered to any restaurant or food outlet. We take food quality and safety very seriously,” Taco Bell said.