Marler Blog : Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

Ed O’Keefe of the Washington Post caught me by phone as I walked off the ferry Friday morning.  Either way this goes, I hope someone reads this - "Open Letter to a New Under Secretary for Food Safety - FSIS - The End of E. coli Conservatism."  Here is Ed's article – “Change” may be on the way:

The search for a head of the Department of Agriculture's Food Safety Inspection Service (FSIS) appears to have come down on two veterans of the food safety community: Caroline Smith–Dewall, food safety director at the Center for Science in the Public Interest and former FSIS administrator Barbara J. Masters, who is currently senior policy adviser at Washington law firm Olsson Frank Weeda Terman Bode Matz PC.

Food safety has been on the minds of many this month as a nationwide salmonella outbreak tied to peanut butter and peanut paste has caused serious illness and may have contributed to seven deaths. FSIS is only responsible however for the safety of the nation's commercial meat, poultry and eggs, while the Food and Drug Administration accounts for the safety of all other foods.

The undersecretary for food safety is responsible for crafting the government's policy and education programs on the issue; it is a political appointment that requires Senate confirmation.

Neither Masters nor Smith-Dewaal would comment on their conversations with the Obama administration. Their names emerged as leading candidates following conversations with food industry representatives, food safety veterans and union officials.

Masters said she was "not in a position to say” whether she’s been contacted by administration officials about the job, but said she remains supportive of the Obama administration "no matter what they do on the issue."

Smith-Dewaal said “I’m really not making any comment" and refused to say whether she has talked to the administration. In addition to working at the Center for Science in the Public interest, she also serves on the FDA's Center for Safety and Applied Nutrition Food Advisory Committee.

Other names mentioned for the position include Dr. Mike Doyle, director of the Center for Food Safety at the University of Georgia; Mike Taylor, a Food and Drug Administration veteran and currently a research professor at George Washington University; and Bill Marler, a Seattle-based attorney and world-renowned expert on food safety issues.

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Agriculture Secretary Tom Vilsack has appointed Ron Hicks to lead the Office of Food Safety during the interim of the incoming administration.  Mr. Hicks recently served as FSIS’ Chief Operating Officer.  In this position, he monitored the daily operations of the Agency with a focus on the design, operations and improvement of FSIS’ management systems.  He also served as an Assistant Administrator for the Office of Program Evaluation, Enforcement and Review, Acting Associate Administrator for FSIS as well as Deputy Assistant Administrator for the Office of Management.  He is a native of Washington, D.C.; in 1973, he received a Bachelor of Science in Political Science from Catholic University, and in 1976 a law degree from Catholic University Columbia School of Law.

Mr. Hicks, wish you the very best.  Please take the time to read, "Open Letter to a New Under Secretary for Food Safety - FSIS - The End of E. coli Conservatism."

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I’m a bit confused. Yesterday it was reported that Ranchers Beef Ltd (now out of business) was both the source of an E. coli outbreak in the United States that had sickened at least 40 tied to the consumption of Topps Meat (also out of business) AND 44 ill persons and 1 death in Canada.  See, "Topps story continues to grow more ominous."  Now the Ottawa Government releases this press statement:

The Canadian Food Inspection Agency (CFIA) is warning the public not to consume the various beef products described below because these products may be contaminated with E. coli O157:H7 bacteria. The affected products are being recalled as a result of the CFIA’s investigation and traceback conducted on contaminated beef involving Ranchers Beef Ltd. (Establishment 630), Balzac, Alberta.  There have been no reported illnesses associated with the consumption of these products.

This does seem to contradict the press release from the same government entity just the day before:

The Canadian Food Inspection Agency (CFIA) and the Public Health Agency of Canada (PHAC) are currently investigating possible linkages between E. coli cases that occurred earlier this summer in Canada. The investigation is examining 45 cases of E. coli O157:H7 that were found in New Brunswick, Quebec, Saskatchewan, Ontario and British Columbia. These cases were previously reported from July to September, 2007. As a result of these cases, eleven people were hospitalized and one elderly individual died.

However, according to the USA FSIS, there seems to be a “genetic link” to both the 40 people ill from the Topps outbreak and the 44 people ill and 1 death in Canada:

On October 25, the CFIA provided FSIS with PFGE patterns, or DNA fingerprints, from tests of beef trim from a Canadian firm, Ranchers Beef, Ltd., Canadian establishment number 630. This firm provided trim to the Topps Meat Company. While the firm, which had been located in Balzac, Alberta, ceased operations on August 15, 2007, some product remained in storage and was collected and tested by CFIA as part of the joint investigation of the Topps recall and as part of CFIA's own investigation into 45 illnesses in Canada from E. coli O157:H7.

It is hard to imagine that our USDA/FSIS might be more competent that its Canadian counterpart. 

Remember, according the New Jersey AP, Topps products revealed three different E. coli O157:H7 genetic "fingerprints," according to Kenneth Petersen, an assistant administrator at the USDA's Food Safety and Inspection Service. This means that although one of these fingerprints has been traced to Ranchers Beef, Ltd., in Canada, it will be interesting to see if we can track the other fingerprints to the source - Tyson, IBP, Cargill, others?  It will also be interesting to get legal jurisdiction over out of country corporations.

Also, recall the report from the New York Times, revealed that Topps sourced a significant amount of beef trimmings from countries like Australia, New Zealand, Canada and Uruguay – countries that FSIS has required little E. coli O157:H7 testing.  Will FSIS change this rule too soon?

So, FSIS has limited requirements that out of country producers test for E. coli.  And, we have learned during the Topps recall that Topps had cut back on its testing for E. coli.  It will be interesting to see if other meat companies have been doing the same.  Perhaps more testing at the retail (grocer store) would be helpful in tracking this ugly bug?  According to the FSIS website, “the agency still collects some samples from retail stores, but normally only when the retail store actually produces raw ground beef using trimmings from a cutting/boning operation conducted at the store.”  Perhaps it or someone should do more retail testing?

I also think we need to look at several other reasons for the spike in E. coli illnesses and recalls (in addition to testing product), such as: 1)  has the make-up of workers in slaughter plants changed in 2007?  Do we have less experienced workers?  2)  has cattle feed in 2007 changed significantly to allow greater growth of E. coli O157:H7?  3)  has global warming impacted the ecology of E. coli O157:H7?  Other ideas?

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