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

From AP.  Stunning, just stunning.  I can not keep up with the FDA recall list.  Nancy Luna from the OC Register has created her own recall database.  So far, the Food and Drug Administration has listed 181 products recalled nationwide because they contain peanuts or peanut paste linked to a salmonella outbreak traced to the Peanut Corporation of America.  More than 50 new products were added to the list today.

If this does not catch President Obama's attention, I do not know what will.  Hey, Mr. President, call me, I'll work for peanuts.  From my friends at obamafoodorama - a clear perspective:

If every man, woman, and child who packed the National Mall on Obama's Inauguration Day had carried fifteen pounds of peanut butter in their prohibited backpacks, that would be about the amount of poisoned product that's currently been recalled for Salmonella Typhimurium.

New numbers from the CDC - 488 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (10), Arkansas (4), California (62), Colorado (12), Connecticut (9), Georgia (6), Hawaii (3), Idaho (11), Illinois (5), Indiana (4), Iowa (2), Kansas (2), Kentucky (3), Maine (4), Maryland (8), Massachusetts (42), Michigan (25), Minnesota (35), Missouri (9), Mississippi (3), Nebraska (1), New Hampshire (11), New Jersey (19), New York (18), Nevada (5), North Carolina (6), North Dakota (10), Ohio (65), Oklahoma (2), Oregon (7), Pennsylvania (14), Rhode Island (4), South Dakota (2), Tennessee (9), Texas (6), Utah (5), Vermont (4), Virginia (20), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2). Additionally, one ill person was reported from Canada.  Among the persons with confirmed, reported dates available, illnesses began between September 8, 2008 and January 8, 2009. Patients range in age from <1 to 98 years; 48% are female. Among persons with available information, 22% reported being hospitalized. Infection may have contributed to six deaths.

Please note - actual ill likely as high as 18,837:  "Overall, we estimated that there were 38.6 cases of Salmonella for each culture‐confirmed case.  "FoodNet Estimate of the Burden of Illness Caused by Nontyphoidal Salmonella Infections in the United States"  Clinical Infectious Diseases, April 2004.

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More products with Peanut Butter in them are being recalled.  Frankly, it is hard to keep up on the company press releases - The FDA is sure "doing a heck of a job" of keeping them in one place - see Link.  efoodalert is doing an even better job at keeping up (full time job) - see Link.

* Clif Bar & Company Announces Voluntary Nationwide Recall of CLIF® and LUNA® Branded Bars Containing Peanut Butter Due to Possible Health Risk (January 19)

* Kroger Recalls Select Ice Cream Products Due to Possible Health Risk (January 19)

* Abbott Nutrition Announces Voluntary Recall of ZonePerfect® Chocolate Peanut Butter Bars, ZonePerfect® Peanut Toffee Bars and NutriPals™ Peanut Butter Chocolate Bars in U.S., Mexico, New Zealand and Singapore (January 19)

* Meijer Announces Voluntary Recall for Some Meijer Brand Peanut Butter Crackers and Ice Cream Because of Possible Health Risk (January 19)

* Peanut Corporation of America Expands Nationwide Recall of Peanut Butter (January 18)

* Ralcorp Frozen Bakery Products, Inc. recalls Food Lion Bake Shop brand PEANUT BUTTER COOKIES (January 18)

* South Bend Chocolate Company Recalls Various Candys Containing Peanut Butter Because of Possible Salmonella Contamination (January 18)

* Ralcorp Frozen Bakery Products Recalls Food Lion Bake Shop Peanut Butter Cookies Nationwide Because of Possible Health Risk (January 18)

* McKee Foods Corporation Announces Voluntary Nationwide Recall of Little Debbie® Peanut Butter Toasty and Peanut Butter Cheese Sandwich Crackers Because of Possible Health Risk (January 18)

* Perry's Ice Cream Company Announces Voluntary Recall of Select Peanut Butter Ice Cream Products Due to Possible Health Risk (January 17)

* Hy-Vee Inc. Recalls Bakery Products With Peanut Butter Distributed in Seven States Due to Possible Health Risk (January 17)

* Peanut Corporation of America Expands Nationwide Recall of Peanut Butter (January 16)

* Kellogg Company Announces Voluntary Nationwide Recall of Austin® and Keebler® Branded Peanut Butter Sandwich Crackers and Select Snack-Size Packs of Famous Amos® And Keebler® Soft Batch Peanut Butter Cookies Because of Possible Health Risk (January 16)

* Peanut Corporation of America Announces Voluntary Nationwide Recall of Peanut Butter (January 13)

* King Nut Issues Peanut Butter Recall (January 10)

Now, let's get them off the shelves.

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On January 16 Kellogg Company Announced  the Voluntary Nationwide Recall of Austin® and Keebler® Branded Peanut Butter Sandwich Crackers and Select Snack-Size Packs of Famous Amos® And Keebler® Soft Batch Peanut Butter Cookies Because of Possible Health Risk.  Guess what I bought all of at the gas station today?

Based on available information, CDC and FDA recommendations include:

For Consumers

* Do not eat products that have been recalled and throw them away in a manner that prevents others from eating them.

* Postpone eating other peanut butter containing products (such as cookies, crackers, cereal, candy and ice cream) until information becomes available about whether that product may be affected.

* Persons who think they may have become ill from eating peanut butter are advised to consult their health care providers.

For Retailers

* Stop selling recalled products (unless Marler is buying them).

For Directors of Institutions and Food Service Establishments

* Ensure that they are not serving recalled products.

For Manufacturers

* Inform consumers about whether their products could contain peanut butter or peanut paste from Peanut Corporation of America (PCA).  If a manufacturer knows their products do not contain peanut paste from PCA, they should inform consumers of that.

To date, no association has been found with major national brand name jars of peanut butter sold in grocery stores.

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Yesterday, "[t]he FDA urged consumers on Saturday to avoid eating peanut butter and products that contain it until they can determine the scope of an outbreak of Salmonella food poisoning that may have contributed to six deaths."  Also, on the FDA website it lists products that have been recalled by companies:

* South Bend Chocolate Company Recalls Various Candys Containing Peanut Butter Because of Possible Salmonella Contamination (January 18)

* Ralcorp Frozen Bakery Products Recalls Food Lion Bake Shop Peanut Butter Cookies Nationwide Because of Possible Health Risk (January 18)

* McKee Foods Corporation Announces Voluntary Nationwide Recall of Little Debbie® Peanut Butter Toasty and Peanut Butter Cheese Sandwich Crackers Because of Possible Health Risk (January 18)

* Perry's Ice Cream Company Announces Voluntary Recall of Select Peanut Butter Ice Cream Products Due to Possible Health Risk (January 17)

* Hy-Vee Inc. Recalls Bakery Products With Peanut Butter Distributed in Seven States Due to Possible Health Risk (January 17)

* Peanut Corporation of America Expands Nationwide Recall of Peanut Butter (January 16)

* Kellogg Company Announces Voluntary Nationwide Recall of Austin® and Keebler® Branded Peanut Butter Sandwich Crackers and Select Snack-Size Packs of Famous Amos® And Keebler® Soft Batch Peanut Butter Cookies Because of Possible Health Risk (January 16)

* Peanut Corporation of America Announces Voluntary Nationwide Recall of Peanut Butter (January 13)

* King Nut Issues Peanut Butter Recall (January 10)

My suggestion is to not eat ANY peanut butter products or products that contain peanut butter until things become a bit clearer.

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I am calling on the FDA to request recalls of foods containing peanut butter products manufactured in the Peanut Corporation of America’s (PCA) Blakely, GA plant. Tests have shown that product produced in the facility carries the outbreak strain of Salmonella Typhimurium, which has sickened at least 453 people in 43 states and Canada and may have contributed to six deaths.

“At least thirty companies purchased peanut butter or paste from a facility with a documented link to a nation-wide Salmonella outbreak,” said Marler. “The FDA has the authority – actually, the mandate – to request recalls if the public health is threatened. Instead, the FDA has asked the companies to test their products and consider voluntary recalls. It is just not enough.”

The earliest illnesses were documented in September, 2008 and have stretched over a 4-month period. At least 90 people have been hospitalized. Six people have had the outbreak strain when they died, and it is thought that the Salmonella infection contributed to their deaths.

“The CDC estimates that for every documented Salmonella illness, there are another 38 people who just “tough it out” and don’t go to the doctor or are never tested. That means that this outbreak may have sickened more than 15,000 people. It is the FDA’s responsibility to make sure that it doesn’t sicken anyone else.”

I have laid out specific recommendations over the last week:

• Make sure ALL product is promptly recalled;

• Do not destroy any documents;

• The companies should pay the medical bills and all related expenses of the innocent victims and their families;

• The companies should pay the cost of all related Health Department, CDC and FDA investigations;

• Provide all bacterial and viral testing of all recalled product and any other tested product (before and after recall);

• Release all inspection reports on the plants by any Governmental Entity or Third-party Auditor;
• Release all Salmonella safety precautions taken by either King Nut or Peanut Corporation of America - especially after the 2007 Salmonella Peanut Butter Outbreak;

• Provide the public with the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak; and
• Show the public what is being done to prevent the next outbreak.

“Not all companies will be as proactive as Kellogg’s in recalling their product, Marler continued.  “Which is why we have a government agency to make sure public health is always the first priority. The FDA needs to take swift and decisive action to get potentially contaminated products out of circulation.”

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Kellogg is recalling 16 products including crackers and other products in light of the problems in Georgia. The recall includes Austin and Keebler branded Peanut Butter Sandwich Crackers, as well as some snack-size packs of Famous Amos Peanut Butter Cookies and Keebler Soft Batch Homestyle Peanut Butter Cookies.

The FDA, and the states of Minnesota, Georgia and Connecticut, confirmed Salmonella contamination in peanut butter manufactured at the Peanut Corporation of America (PCA) facility that ships peanut products to 85 other food companies, including Kellogg.

So, why no recall of these other products? Don’t you think it makes sense to recall all products that may have PCA product that may well have been produced during the time likely to be contributing to the illness and deaths?

FDA, it is time to step up. You have the authority to recall – use it.

TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER A--GENERAL

PART 7 -- ENFORCEMENT POLICY

Subpart C--Recalls (Including Product Corrections)--Guidance on Policy, Procedures, and Industry Responsibilities

Sec. 7.45 Food and Drug Administration-requested recall.

(a) The Commissioner of food and Drugs or designee may request a firm to initiate a recall when the following determinations have been made:

(1) That a product that has been distributed presents a risk of illness or injury or gross consumer deception.

(2) That the firm has not initiated a recall of the product.

(3) That an agency action is necessary to protect the public health and welfare.

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According to the AP, the FDA is expanding its investigation of peanut products in a Salmonella outbreak that has sickened hundreds and killed at least six.  In addition, the FDA is notifying 30 to 85 companies that bought peanut butter or peanut paste from a Georgia facility to test their products and asked to consider halting sales.  No names listed on FDA website.

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The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) is issuing a public health alert for approximately 14,800 pounds of ground beef products that may be contaminated with E. coli O157:H7, that were produced by Texas American Food Service Corporation, a Fort Worth, Texas, establishment doing business as American Fresh Foods. This public health alert was initiated after a trailer containing the products was reported stolen by the company.  The consumer products subject to this public health alert include:

• 2-pound approximate weight packages of "73/27 GROUND BEEF" bearing a sell-by date of "12.30.07"
• 2-pound approximate weight packages of "80/20 GROUND BEEF CHUCK" bearing a sell-by date of "12.31.07"
• 1-pound approximate weight packages of "85/15 GROUND BEEF ROUND" bearing a sell-by date of "12.31.07"
• 1-pound approximate weight packages of "90/10 GROUND BEEF SIRLOIN" bearing a sell-by date of "12.31.07"
• 1-pound approximate weight packages of "96/04 EXTRA LEAN GROUND BEEF, 4% FAT" bearing a sell-by date of "12.31.07"

Each package label bears the establishment number "EST. 13116" inside the USDA mark of inspection and the company name "American Fresh Foods, Ft. Worth, TX 76102" below the nutrition information. Each package has a net weight of approximately 1 to 2 pounds.  Bulk product also subject to this health alert include:

* 40-pound "net wt." box of "73/27 100% GROUND BEEF; REWORK MAP"
* 260-pound "net wt." combo bin of " CHUCK 100% GROUND BEEF; REWORK MAP"
* 370-pound "net wt." combo bin of "SIRLOIN 100% GROUND BEEF; REWORK"

Each bulk product label bears the establishment number "EST. 13116" inside the USDA mark of inspection as well as a date of "12-19-07" with the production information filled in by hand.

WAIT - how did anyone know that the meat that was stolen was contaminated with E. coli O157:H7? 

UPDATE - Well, I did not have to wait long for an answer.  According to a press release from the company this morning:

FORT WORTH, Texas, Dec. 28 /PRNewswire/ -- American Fresh Foods in Ft. Worth, Texas, is urging Texas consumers not to purchase its ground beef under questionable circumstances. This precaution comes after the company reported, early the morning of December 27, the theft of one of its refrigerated trucks containing 14,800 pounds of ground beef products. According to American Fresh Foods' officials, the stolen meat had been placed in a refrigerated truck and held on the plant's property. The product, a portion of which had been segregated as possibly affected with E. coli O157:H7, was being removed from fresh commercial sale.

I guess I could have called or emailed FSIS's Karen?


I'm Karen, the FSIS Virtual Representative. I am an automated response system, available 24/7.  I can answer questions from the public about the prevention of foodborne illness, as well as the safe handling, preparation, and storage of meat, poultry, and egg products, from an extensive database of food safety information.

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AP reported that 5,500 pounds of "Green Paradise" brand basil has been recalled. The basil was shipped in sets of 12 one-pound boxes marked with lot No. 1219. The basil grown in Mexico and sold in the United States has been recalled because of fears it may be infected with Salmonella. The basil was imported from a farm in Mexico's southern Baja California region on December 5th and sold to food distributors in California, Texas and Illinois the following day by Top Line Specialty Produce in California. Top Line sold the basil to restaurants and other food service customers, but it was unknown whether the other distributors sold to food service customers or retailers.

It is clear that this in not the first time Basil has been linked to recalls and illnesses.  AP reported in May 2004 that Federal regulators are alerting consumers that raw basil and spring mix salad may be linked to food-poisoning outbreaks that reportedly sickened more than 90 people in Illinois and Texas.  In August 2005, the FDA Notified Processors of Recall of Fancy Whole Basil Due to Possible Health Risk. The FDA advised processors and repackers that Majestic International Spice Corporation of Montebello, CA, recalled its dried “Extra Fancy Basil” spice in 12.5 kilogram bags because FDA found the product contaminated with Salmonella Blockley.  Contaminated fresh basil was suspected as the most likely cause of an outbreak of the parasitic illness cyclospora that has sickened 300 Floridians in October 2005.  And in May 2007, the British Food Standards Agency advised people who bought certain batches of fresh packets of basil from ASDA, Sainsbury’s and Somerfield stores not to eat them.

All that being said, the BBC reported in June 2003 that a Basil Herb wrap wards off food poisoning.

The herb basil is the crucial ingredient in a super wrap being developed to protect food more effectively from contamination by dangerous bugs. Scientists are using anti-microbial extracts from the herb to create a plastic wrapper for meat and cheese. The chemicals slowly ooze out from the wrapper - and extend the product's shelf-life by killing off bacteria such as E. coli and listeria which can cause severe food poisoning.

Goes to show that you can find anything on the internet – thanks, Al Gore.  Interestingly, South Dakota has seen an increase in salmonella cases according to a warning from the State Health Department following a spike in salmonella cases this year.

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"We believe in caring for our customers and caring for our employees. That will not change."
                Tom Rosen, Co-Chairman of American Foods Group, LLC

Oh, Really?  I guess lightning can strike more than once in the same spot!



American Foods Group, LLC (AFG), a Green Bay, Wisconsin firm, is recalling approximately 95,927 pounds of various coarse and fine ground beef products because they are contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today. The ground beef products subject to recall were produced on Oct. 10, 2007, and were distributed to retail establishments and distributors in Indiana, Kentucky, Maryland, Ohio, Tennessee, Wisconsin and Virginia. The problem was discovered through an investigation into two illnesses that was initiated by the Illinois Department of Public Health.   That is how the USDA figures out outbreaks - send the contaminated meat into the market place and see if people get sick - the American pubic, canaries in the coal mine.  I wonder if AFG did any "test and hold?"

The FSIS web site also reflects that American Foods Group (AFG) is a processing establishment, and does not slaughter. The web site also shows that the establishment is part of a conglomerate which also owns Green Bay Dressed Beef, which has more than one establishment, one of which is Est # 410 in Green Bay, which does slaughter.  Green Bay Dressed Beef had a Mad Cow scare in August 2005.

Unfortunately for AFG's customers this was not an isolated occurrence.  We have seen this all before.  In December 2000, the Minnesota Department of Health (MDH) issued a press release stating that 17 Minnesota citizens had been infected with the same strain of the E. coli O157:H7 bacteria during November 2000.  On December 4, FSIS, stated in a Class I alert that Green Bay Dressed Beef, the meat supplier doing business as AFG, was, at the suggestion of the FSIS, recalling 1.1 million pounds of contaminated ground beef.  One of the young children we represented developed Hemolytic Uremic Syndrome (HUS).

Also, In December 1998, another recall was issued for 1,000 pounds of beef manufactured by AFG and distributed to Cub Foods stores in the Chicago, Illinois area after random testing showed that meat in one of the stores was contaminated with E. coli O157:H7.  Again, in December 1999, a recall of ground beef was made after government inspectors found contamination at the AFG plant.  Yet another recall,  this time for over 500,000 pounds of ground beef manufactured by AFG, occurred in August 2001.  In that outbreak we represented five people.

Jennifer Smith Richards of the Columbus Dispatch weighed in on the recent AFG recall in an article “More beef might be tainted, states told.”  AFG's shocking indifference is concerning:

"It's something that, unfortunately, happens with a raw product like ground beef," said Jim Mulhern, a spokesman for American Foods Group. "It's not 100 percent preventable....  One of the problems with these recalls is American Foods Group doesn't know where it was eventually sold," Mulhern said.

One more "beef" of mine - It is an agreement between USDA and industry — USDA will not disclose the names of slaughter houses without a positive test “above the grinder” - which is why there is no mention of where the meat came from that was ground by AFG in this latest recall.  Also, on the "downside" of the grinder - on the retail side - there is also an agreement between USDA and industry to not disclose “proprietary information” - which includes where the contaminated meat was sold.  Health Departments have to sign a Memorandum of Understanding (MOU) to not disclose that information to the public in order to get the information from USDA.  Welcome to my world — ever read Kafka?  I put some of my thought on this recall out in a press release.

The following products are subject to this most recent recall:

* Bulk weight packages of "BEEF, FINE GROUND 73/27." Each shipping label bears a product code of "65000."
* Bulk weight packages of "BEEF, FINE GROUND 75/25." Each shipping label bears a product code of "65800."
* Bulk weight packages of "BEEF SIRLOIN, FINE GROUND 90/10." Each shipping label bears a product code of "66000."
* Bulk weight packages of "BEEF, FINE GROUND 80/20." Each shipping label bears a product code of "66400."
* Bulk weight packages of "BEEF, FINE GROUND 75/25." Each shipping label bears a product code of "19900."
* Bulk weight packages of "BEEF, FINE GROUND 73/27." Each shipping label bears a product code of "20100."
* Bulk weight packages of "BEEF CHUCK, FINE GROUND 82/18." Each shipping label bears a product code of "20600."
* Bulk weight packages of "CHOP BEEF STEAK, FINE GRIND "86/14." Each shipping label bears a product code of "30000."
* Bulk weight packages of "BEEF SIRLOIN, FINE GROUND 92/08." Each shipping label bears a product code of "30400."
* Bulk weight packages of "BEEF ROUND, FINE GROUND 87/13." Each shipping label bears a product code of "30200."
* Bulk weight packages of "BEEF, FINE GROUND 80/20." Each shipping label bears a product code of "30700."
* Bulk weight packages of "BEEF CHUCK, FINE GROUND 82/18." Each shipping label bears a product code of "31400."
* Bulk weight packages of "BEEF, FINE GROUND 93/07." Each shipping label bears a product code of "31600."
* Bulk weight packages of "BEEF, FINE GROUND 73/27." Each shipping label bears a product code of "31700."
* Bulk weight packages of "BEEF MODIFIED, FINE GROUND 93/07." Each shipping label bears a product code of "31900."

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I read the headline of Julie Schmit’s article in USA TODAY and had the overwhelming desire to say “duhh!” as my 15-year-old often says of me to me. I then read further:

The federal government may move to keep meat off the market until its tests confirm the meat doesn't have harmful bacteria, a step that officials say could have prevented some of this year's 53 meat recalls. The U.S. Department of Agriculture, which regulates meat and poultry, may require meat producers to hold product that's been routinely tested by the government until test results come back, says Kenneth Petersen, assistant administrator for the USDA. "It's not in anybody's interest to do all of these recalls."

“Test and Hold.” All that I can say is my daughter is right.

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As the number of Cargill-related E. coli recalls has grown, we have pulled a few of our past E. coli battles with Cargill and its many subsidiaries. We have spent a bit of time over the years with Cargill and its lawyers.

• 1993 and 2000 Sizzler outbreak linked to Cargill/Excel

• 2001 Cargill/Excell Linked to Frozen Beef E. coli

• 2002 Cargill/Emmpak “fresh” ground meat linked to E. coli

A bit more history about Cargill - In 1995 Cargill announced the “End of E. coli” in the pages of the New York Times. Now, 12 years later it has recalled nearly 2,000,000 pounds of hamburger (that is nearly enough to give every New Yorker a quarter pounder) in October and November recalls.  Jane Genova, fellow blog addict, posted twice on what "Big Beef" needs to do to fix the problem and the PR.  This post also warranted a post by a top-shelf Florida Law Blogger - Labovick - entitled "Cargill-beef-recall-is-a-walk-down-memory-lane"

Cargill Meat Solutions is the umbrella organization of Cargill’s beef, pork and turkey businesses. A key part of Cargill Meat Solutions was Excel Corporation, which began business nearly 70 years ago and grew from a Midwestern beef company to also include pork, processed meats, case ready meats and food distribution centers. Follow the Timeline:
1936 - Beef processor Excel Packing Company is formed in Chicago

1941 - Excel Packing moves to Wichita

1970 - Excel changes name to Kansas Beef Industries

1974 - Kansas Beef Industries and Missouri Beef Packers, which was formed in 1964, merge to form MBPXL Corporation

1979 - Cargill, Incorporated, acquires MBPXL Corporation

1982 - Cargill renames MBPXL as Excel Corporation

Evolution of Cargill Meat Solutions - Excel was once known as America’s Beef Company. In the 1980s, the company moved beyond just beef and the U.S. border.

1982 - Food Distribution Centers: Excel opened its first food distribution center in Wichita, Kan., in 1982. Today, known as Cargill Food Distribution, the business distributes fresh beef and pork, and other products to grocers and foodservice outlets from 12 U.S. facilities.

1986
Further-processed, Value-added Meats: Excel acquired Del Pero Mondon (DPM), which was based in Marysville, Calif. The further processing business took the name of Emmpak Foods when Excel acquired Milwaukee-based Emmpak in 2001.

1987 - Pork Processing: Excel entered the pork processing business by purchasing two facilities that were being closed – one by Hormel in Ottumwa, Iowa, and the other by Oscar Mayer in Beardstown, Ill.

1989 - Canadian Beef: After two years of construction, Cargill Foods Ltd. opened a beef harvesting facility near High River, Alberta.

1991 - Australian Beef: Cargill Foods Australia acquired a meat processing business in Wagga Wagga, and two years later, converted it to a beef-only facility. Another facility, in Tamworth, was acquired in 1998.

1992 - Case-Ready Meats: Building on past efforts with case-ready meats, Excel/Cargill acquired a plant in Toronto and turned it into what is the longest-running of its five case-ready-only plants.

2000 - Cargill Meat Solutions: Cargill created Cargill Meat Solutions as one of 13 business platforms. In addition to Excel, Cargill Meat Solutions included Caprock Cattle Feeders, a leading finisher of beef cattle, and Cargill Pork, a leading producer of hogs. Cargill entered the hog production business in 1971 and acquired Caprock in 1974.

2001 - Turkey: Cargill Turkey Products was added to Cargill Meat Solutions. Cargill entered the turkey processing business in 1967. It grew through the 1998 acquisition of Plantation Foods in Waco, Tex., and the 2001 acquisition of Rocco Foods in Harrisonburg, Va. The general offices of Cargill Turkey Products moved to Wichita in 2003.

2003 - Taylor Beef: Cargill Meat Solutions created a business around Taylor Beef, which was acquired in 2002. Taylor focused on processing culled dairy cattle and producing ground beef.

2004 - Cargill Value Added Meats: Emmpak Foods, Inc., which was acquired in 2001 and based in Milwaukee, was combined with Cargill Turkey Products to form Cargill Value Added Meats. The general offices of the Cargill Value Added Meats business unit are located in Wichita. Finexcor: Cargill announces an agreement to acquire 50 percent of the shares of Finexcor, a leading Argentine beef processor and exporter. The purchase marks Cargill's first investment in the Argentine beef industry.

2005 - Better Beef: Cargill Limited and Better Beef Limited announce that the two companies have reached an agreement for Cargill to purchase beef processing and related assets operated by Better Beef Limited, headquartered in Guelph, Ontario.

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For some reason I could not sleep and woke-up quite early this morning to this in my in box - Cargill Meat Solutions Recalls Ground Beef Action due to possible E. coli O157:H7 contamination.  I then saw the following press release from Cargill Meat Solutions [YOU MUST WONDER WHY THEY SEND OUT THE PRESS RELEASE ON A SATURDAY MORNING - PERHAPS NO ONE WILL NOTICE?]:

Cargill s voluntarily recalling approximately 1,084,384 pounds of ground beef produced at its Wyalusing, Pa., Cargill Regional Beef facility because of the possible presence of E. coli O157:H7. The ground beef products subject to recall were produced at the Wyalusing plant between Oct. 8 and 11, 2007, and were distributed to retailers nationwide.  Cargill learned of the possibility of contamination after the U.S. Department of Agriculture returned [WHEN WAS IT RETURNED] a confirmed positive on a sample of product produced Oct. 8, 2007.  Each package or label bears the establishment number “Est. 9400” inside the USDA mark of inspection. As the use/freeze-by dates for products subject to this recall have expired, consumers are urged to look in their freezers for these products and return or discard them if found.  In addition to the above listed products, there are various weights and varieties of ground beef, ground chuck, and ground sirloin product that were distributed for further processing and repackaging and will not bear the same establishment number on the package [MEANS - WE HAVE NO IDEA WHERE THE REST OF THIS STUFF IS].

This from the Company that wants to sell you "Fake Red Meat."  Yesterday I was retained by two more families of two additional HUS victims of the earlier Cargill 1 million pound recall.  Products subject to this new recall are: 

Also, remember Cargill's 1 million pound recall from last month?  In that one Cargill products were sold at retail establishments, including Sam’s Club, and to restaurants and other institutions throughout the United States.  Since the investigation into that recall began in Minnesota, E. coli illnesses tied to Cargill ground beef products have been identified in Minnesota (5), Wisconsin (5), North Carolina (2) and Tennessee (3).  I think we can correctly assume that the numbers of ill people will continue to climb both from last months recall and from this months - another "million pound month."

* 1.3-pound packages of “Century Farm 80/20 Ground Beef.” Use by/freeze by 11/03/2007
* 3.0-pound packages of “Century Farm 80/20 Ground Beef.” Use by/freeze by 11/03/2007
* 1- pound packages of “Century Farm 80/20 Ground Beef Patty.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Century Farm 85/15 Ground Beef.” Use by/freeze by 11/03/2007
* 3-pound packages of “Century Farm 90/10 Ground Beef.” Use by/freeze by 10/19/2007
* 1.3-pound packages of “Century Farm 90/10 Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 90/10 Ground Beef.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 93/7 Ground Beef.” Use by/freeze by 11/03/2007
* 1-pound packages of “Century Farm 96/4 Extra Lean Ground Beef.” Use by/freeze by 10/19/2007 & 10/31/2007
* 1-pound packages of “Century Farm 85/15 Ground Beef Patties.” Use by/freeze by 10/19/2007
* 1.3-pound packages of “Century Farm 93/7 Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 80/20 Chuck Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 80/20 Chuck Ground Beef for Chili.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1.3-pound packages of “Century Farm Meatloaf Mix, Beef, Pork and Veal with Natural Flavors.” Use by/freeze by 10/19/2007, 10/22/2007, 10/31/2007 & 11/03/2007
* 1.25- pound packages of “Giant 75/25 Ground Beef, All Natural.” Use by/freeze by 11/03/2007
* 3.0- pound packages of “Giant 75/25 Ground Beef.” Use by/freeze by 10/31/2007
* 1.25-pound packages of “Giant 80/20 Ground Beef, All Natural.” Use by/freeze by 11/03/2007
* 3.0-pound packages of “Giant 80/20 Ground Beef.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Giant Eagle Ground Chuck Beef Patties 80/20.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.3-pound packages of “Giant Eagle Ground Beef Patties 92/8.” Use by/freeze by 10/22/2007
* 1.3-pound packages of “Giant Eagle Ground Beef Patties 85/15 – Certified Angus Beef Brand.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.3-pound packages of “Giant Eagle Ground Round Beef Patties 85/15.” Use by/freeze by 10/19/2007 & 10/22/2007
* 3.0-pound packages of “Shop Rite, 80% Lean 20% Fat, Ground Beef.” Use by/freeze by 10/31/2007 & 11/03/2007
* 3.0-pound packages of “Shop Rite, 85% Lean 15% Fat, Ground Beef.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1.3-pound packages of “Shop Rite, 93% Lean 7% Fat, Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Shop Rite, 93% Lean 7% Fat, Ground Beef.” Use by/freeze by 11/03/2007
* 1-pound packages of “Shop Rite, 96% Lean 4% Fat, Ground Beef.” Use by/freeze by 10/31/2007
* 1.25- pound packages of “Stop & Shop 75/25 Ground Beef, All Natural.” Use by/freeze by 10/31/2007 & 11/03/2007
* 5.0- pound packages of “Stop & Shop 75/25 Ground Beef, All Natural.” Use by/freeze by 11/03/2007
* 1.25-pound packages of “Stop & Shop 80/20 Ground Beef, All Natural.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1.25-pound packages of “Stop & Shop 85/15 Ground Beef, All Natural.” Use by/freeze by 10/31/2007
* 1.2-pound packages of “Stop & Shop 87/13 Ground Beef Sirloin, All Natural.” Use by/freeze by 10/31/2007
* 1- pound packages of “Stop & Shop 90/10 Ground Beef, All Natural.” Use by/freeze by 10/31/2007
* 1.0-pound packages of “Stop & Shop 80/20 Ground Beef Patties, All Natural.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Stop & Shop 80/20 Ground Beef Patties, All Natural.” Use by/freeze by 11/03/2007
* 2.6-pound packages of “Stop & Shop 80/20 Ground Beef Patties, All Natural.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Stop & Shop 90/10 Ground Beef Patties, All Natural.” Use by/freeze by 10/31/2007 & 11/03/2007
* 2.5-pound packages of “Stop & Shop 90/10 Ground Beef, All Natural.” Use by/freeze by 10/19/2007
* 2.5-pound packages of “Stop & Shop 93/7 Ground Beef, All Natural.” Use by/freeze by 10/31/2007
* 1-pound packages of “Wegmans 80/20 Ground Beef Patties.” Use by/freeze by 10/19/2007
* 1.3-pound packages of “Wegmans 90/10 Ground Beef Patties.” Use by/freeze by 10/19/2007 & 10/22/2007
* 3.0- pound packages of “Weis Premium Meats, 73/27 Ground Beef.” Use by/freeze by 11/03/2007
* 1- pound packages of “Weis Premium Meats, 80/20 Ground Beef.” Use by/freeze by 10/31/2007
* 3- pound packages of “Weis Premium Meats, 80/20 Ground Beef.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1-pound packages of “Weis Premium Meats 85/15 Ground Beef.” Use by/freeze by 10/31/2007
* 2.0 and 3.0 -pound packages of “Weis Premium Meats 85/15 Ground Beef.” Use by/freeze by 11/03/2007
* 2-pound packages of “Weis Premium Meats 93/7 Ground Beef.” Use by/freeze by 11/03/2007
* 1-pound packages of “Weis Premium Meats 93/7 Ground Beef.” Use by/freeze by 10/31/2007
* 1-pound packages of “Weis Premium Meats 96/4 Ground Beef Extra Lean.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Weis Premium Meats 90/10 Ground Beef Sirloin Patties.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Weis Premium Meats Meatloaf Mix, Beef, Pork and Veal with Natural Flavors.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Weis Premium Meats 80/20 Ground Beef for Chili.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Meat Loaf Mix, Made with Beef, Pork, Veal, with Natural Flavors.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.25-pound packages of “Meatloaf Mix, A Blend of Fresh Ground Beef, Pork & Veal, All Natural.” Use by/freeze by 10/31/2007
* Various weight packages of “85/15 Coarse Ground Beef for Chili Meat, All Natural.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Ground Beef Chuck for Chili 80/20.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.3 pound packages of “Price Rite 85% Lean, 15% Fat Ground Beef.” Use by/freeze by 11/03/2007
* 1.3 pound packages of “Price Rite 80% Lean, 20% Fat Ground Beef.” Use by/freeze by 11/03/2007
* 1.3 pound packages of “Price Rite Meat loaf mix.” Use by/freeze by 10/31/207 & 11/03/2007

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Jeff Gold, AP Business Writer in New Jersey, has continued to dig into the complete failure of the “voluntary recall” system to get this E. coli - contaminated Topps hamburger off store shelves. I posted nearly a week ago when reports first surfaced that the product was still being sold a month after Topps issued a recall (and went out of business). So, who is responsible for removing E. coli – contaminated meat off store shelves?  Mr. Gold’s story:

State inspectors find more recalled meat at New Jersey stores

Meat recalled a month ago that could be contaminated with a potentially fatal bacteria was found in seven northern New Jersey stores, state consumer safety officials said Tuesday. Inspectors in the past week have seized 138 boxes of frozen hamburgers made by Topps Meat Co., which issued a nationwide recall on Sept. 29 for 21.7 million pounds of frozen patties.

Greater New York Frozen Food Distribution Co. Inc., of New York, was subpoenaed last week. A spokesman for the company said Tuesday that no meat was delivered after the recall. "The meat was delivered before the recall, on Sept. 10," spokesman Frank Conner said. "We are one of many companies that delivered the meat before the recall. We stopped delivering the meat as soon as we heard about the recall. We have no control over what a grocery store owner does with his stock."

"Recall," that it has been reported that there are at least three "genetic fingerprints" of E. coli O157:H7 (potentially meaning that the contamination at Topps came from multiple sources - at least three) that has been found in ill people and in left over product.  One of those fingerprints was found in a Canadian Meat Plant (now also in bankruptcy) that was the source of both meat to Topps and to the death of one Canadian and the sickening of 44 others this past summer.  It will be interesting if the paperwork and grinding records at Topps allows for the "traceback" of all genetic fingerprints to the source.

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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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In June in an Op-ed I warned about the increasing recalls and illnesses tied to E. coli-tainted hamburger and red meat.  Now, according to a press release by Topps:

Topps Meat Company LLC, located in Elizabeth, NJ, has voluntarily expanded its recall announced on September 25 to include 21.7 million pounds of ground beef products that may be contaminated with E. coli O157:H7. This represents all products produced by Topps with a "sell by date" or "best if used by date" that falls between September 25, 2007 and September 25, 2008. This information may be found on the back panel of the package. All recalled products will have a USDA establishment number of EST 9748, which is located on the back panel of the package and/or in the USDA legend.

This recall tops the Con Agra recall of 19,000,000 pounds in 2002 that sickened over forty and killed one and is just under the 25,000,000 pounds recalled by now-bankrupt Hudson Foods in 1997.

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As of Friday afternoon, we had been contacted by 4 of the 21 confirmed victims of this most recent Topps E. coli problem.  As some may know this is not the first time Topps product has been implicated in an E. coli illness.  Again, this recall is just a huge example of an increasing problem with ground meat in the USA - prior recalls in 2007 include:

1. A federal consumer alert was issued by FSIS for meat products sold under the brand name “Northwest Finest” after six people in Washington, two people in Oregon and one in Idaho became sick from E. coli O157:H7. The organic beef was ground by Interstate Meat, a national meat wholesaler, located in Clackamas, Oregon. 42,000 pounds of meat was recalled.

2. At least thirteen people have been confirmed ill with E. coli O157:H7 infections after eating ground beef produced by United Food Group sold in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and Montana. Over 5,700,000 pound of meat have been recalled.

3. Tyson Fresh Meats, Inc. recalled 40,440 pounds of ground beef products due to possible contamination with E. coli O157:H7. No illnesses yet reported.

4. Seven Minnesotans were confirmed as part of the E. coli O157:H7 outbreak that prompted PM Beef Holdings to recall 117,500 pounds of beef trim products that was ground and sold at Lunds and Byerly’s stores.

5. Twenty-seven people have been confirmed ill with E. coli O157:H7 infections in Fresno County. The Fresno County Department of Community Health inspected the “Meat Market” in Northwest Fresno, the source of the outbreak.

6. At least two people were confirmed ill with E. coli O157:H7 infections in Michigan after eating ground beef produced by Davis Creek Meats and Seafood of Kalamazoo, Michigan. The E. coli outbreak prompted Davis Creek Meats and Seafood to recall approximately 129,000 pounds of beef products that were distributed in Arkansas, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.

7. Following reports of three Napa Valley children who became sick from hamburger patties sold at a St. Helena Little League snack shack, 100,000 pounds of hamburger (that was a year old) was recalled.

8. Several people were confirmed ill with E. coli O157:H7 infections in Pennsylvania after eating E. coli-contaminated meat products at Hoss’s Family Steak and Sea Restaurants, a Pennsylvania-based restaurant chain that purchased its meat from HFX, Inc., of South Claysburg, Pennsylvania. As a result of the outbreak, HFX recalled approximately 4,900 pounds of meat products.

The products subject to the Topps original and expanded recall include:

10-pound boxes of "BUTCHER'S BEST 100% ALL BEEF PATTIES 75/25, 4 OZ (4-1), 40 PIECES." -- 10-pound boxes of "BUTCHER'S BEST 100% ALL BEEF PATTIES 75/25, 6 OZ FLAT, 27 PIECES." -- 10-pound boxes of "KOHLER FOODS 4 OZ FLAT HAMBURGER, CODE: 60100, 40 PCS." -- 10-pound boxes of "KOHLER FOODS 6 OZ FLAT HAMBURGER, CODE: 60200, 27 PCS." -- 10-pound boxes of "KOHLER FOODS 8 OZ FLAT HAMBURGER, CODE: 60300, 20 PCS." -- 3-pound boxes of "MIKE'S 12 SEASONED BEEF PATTIES." -- 5-pound boxes of "MIKE'S 20 SEASONED BEEF PATTIES." -- 3-pound boxes of "PATHMARK 100% ALL BEEF BURGERS, 16 BEEF BURGERS." -- 5-pound boxes of "PATHMARK 100% ALL BEEF BURGERS, 20 BEEF BURGERS." -- 10-pound boxes of "PATHMARK 100% ALL BEEF BURGERS, 40 BEEF BURGERS." -- 10-pound boxes of "RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (80/20), 10 OZ H, 16 COUNT." -- 10-pound boxes of "RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (80/20), 3.2 OZ, 50 COUNT." -- 10-pound boxes of "RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (80/20), 4 OZ, 40 COUNT." -- 10-pound boxes of "RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (80/20), 6 OZ FLAT, 27 COUNT." -- 10-pound boxes of "RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (80/20), 8 OZ FLAT, 20 COUNT." -- 10 pound boxes of RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (85/15), 6 OZ, FLAT 27 COUNT. -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 2 OZ, 80 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 3.2 OZ, 50 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 4 OZ, 40 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 5 OZ, 32 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 5.3 OZ, 30 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 6 OZ, 27 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 7 OZ, 23 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 8 OZ FLAT, 20 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 8 OZ H, 20 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 10 OZ H, 16 PIECES." -- 3-pound bags of "SAM'S CHOICE BACKYARD GOURMET BEEF BURGERS, 75/25, 12 QUARTER POUND ROUND PATTIES." -- 6-pound bags of "SAM'S CHOICE BACKYARD GOURMET BEEF BURGERS, 75/25, 24 QUARTER POUND ROUND PATTIES." -- 3-pound bags of "SAM'S CHOICE BACKYARD GOURMET BEEF BURGERS, 80/20, 12 QUARTER POUND ROUND PATTIES." -- 3-pound bags of "SAM'S CHOICE BACKYARD GOURMET BEEF BURGERS, 85/15, 12 QUARTER POUND ROUND PATTIES." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (75/25), 8 OZ FLAT, 20 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (80/20), 4 OZ, 40 COUNT." -- 10-pound boxes of SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (80/20), 6 OZ, 27 COUNT. -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (80/20), 8 OZ FLAT, 20 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (85/15), 3.2 OZ, 50 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (85/15), 4 OZ, 40 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (85/15), 6 OZ FLAT, 27 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (85/15), 10 OZ H, 16 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT ANGUS CHUCK BURGER (80/20), 8 OZ FLAT, 20 COUNT." -- 3-pound boxes of "SHOP RITE 100% PURE GROUND BEEF HAMBURGERS, 16 3 OZ BURGERS." -- 3-pound boxes of "SHOP RITE 100% PURE QUARTER POUND GROUND BEEF HAMBURGERS." -- 5-pound boxes of "SHOP RITE 100% PURE QUARTER POUND GROUND BEEF HAMBURGERS." -- 10-pound boxes of "SHOP RITE 100% PURE QUARTER POUND GROUND BEEF HAMBURGERS." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 1 OZ SLIDER." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 10 OZ (PUB BURGER)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 2 OZ." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 2.67 OZ." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 3 OZ HOMESTYLE." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 4 OZ." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGERS, 4 OZ (4-1) HOMESTYLE." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 4 OZ FLAT." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 5 OZ, 32 PIECES." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGERS 5 OZ (1/2-inch)" -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 6 OZ (5/8-inch)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 6 OZ (85/15)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 6 OZ (HOMESTYLE)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 6 OZ (PUB BURGER)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 7 OZ." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 7 OZ (75/25)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 8 OZ FLAT." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGERS, 8 OZ (PUB BURGER)" -- 1.5-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 3 OZ (8 COUNT)." -- 2-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 3 OZ, 10 COUNT." -- 3-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 6 OZ. PUB BURGERS." -- 2-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 8 QUARTER POUNDERS." -- 3-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 12 QUARTER POUNDERS." -- 3-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 16 HAMBURGERS." -- 5-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 20 QUARTER POUNDERS." -- 8-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 32 QUARTER POUNDERS." -- 2-pound boxes of "TOPPS SIRLOIN STEAK BURGERS WITH FIRE-ROASTED ONIONS, 6 1/3 LB. HOMESTYLE BURGERS." -- 2-pound boxes of "TOPPS SIRLOIN STEAK BURGERS WITH PORTABELLA MUSHROOMS, 6 1/3 LB. HOMESTYLE BURGERS." -- 2-pound boxes of "TOPPS SIRLOIN STEAK BURGERS, 6 1/3 LB. HOMESTYLE BURGERS." -- 10-pound boxes of "TOPPS HAMBURGERS, 3.2 OZ, 50 COUNT." -- 10-pound boxes of "WEST SIDE 100% PREMIUM HAMBURGER, 3 OZ, 53 COUNT." -- 10-pound boxes of "WEST SIDE 100% PREMIUM HAMBURGER, 3.2 OZ, 50 COUNT." -- 10-pound boxes of "WEST SIDE 100% PREMIUM HAMBURGER, 4 OZ, 40 COUNT." -- 10-pound boxes of "WESTSIDE, 100% PREMIUM HAMBURGER, 5 OZ FLAT, 32 COUNT." -- 10-pound boxes of "WEST SIDE 100% PREMIUM HAMBURGER, 6 OZ, 27 COUNT." -- 10-pound boxes of "WESTSIDE, 100% PREMIUM HAMBURGER, 6 OZ FLAT, 27 COUNT." -- 10-pound boxes of "WESTSIDE, 100% PREMIUM HAMBURGER, 8 OZ FLAT, 20 COUNT."

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MSNBC and AP reports:

USDA finds that Topps’ plant has inadequate safety measures

Federal inspectors said Friday that they suspended the grinding of raw products at the Topps Meat Co. after finding inadequate safety measures at the plant, which is being investigated because of E. coli bacteria-tainted hamburgers that may have sickened 25 people. U.S. Department of Agriculture spokeswoman Amanda Eamich said the suspension follows a safety assessment at the Elizabeth-based company, which this week voluntarily recalled nearly 332,000 pounds (150,594 kilos) of frozen ground beef products.

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I have spent the last two days in Houston at the top of the below tower (AIG Insurance Tower) meeting with lawyers in the Con Agra Peanut Butter Litigation.  Frankly, there are so many lawyers involved, with so many different agendas, that people are losing sight of the fact that this was a major outbreak with tens of thousands of people sickened.  I had the opportunity to give an opening presentation, which you can find HERE.  The two videos are a bit too large to post so you might see a few blank slides.

So, while lawyers are spinning our wheels, Topps Meat Company, LLC, an Elizabeth, NJ, establishment, is voluntarily recalling approximately 331,582 pounds of frozen ground beef products because they may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced today.

10-pound boxes of “BUTCHER’S BEST 100% ALL BEEF PATTIES 75/25, 6 OZ. FLAT, 27 PIECES.” Each box bears a sell-by date of “JUL 23 08.”
10-pound boxes of “BUTCHER’S BEST 100% ALL BEEF PATTIES 75/25, 4 OZ. (4-1), 40 PIECES.” Each box bears a sell-by date of “JUL 23 08.”
10-pound boxes of “KOHLER FOODS 4 OZ. FLAT HAMBURGER, CODE: 60100, 40 PCS.” Each box bears a sell-by date of “JUL 23 08.”
10-pound boxes of “KOHLER FOODS 6 OZ. FLAT HAMBURGER, CODE: 60200, 27 PCS.” Each box bears a sell-by date of “JUL 23 08.”
10-pound boxes of “KOHLER FOODS 8 OZ. FLAT HAMBURGER, CODE: 60300, 20 PCS.” Each box bears a sell-by date of “JUL 23 08.”
10-pound boxes of “SAND CASTLE FINE MEAT, 100% PREMIUM BEEF HAMBURGERS 80/20, 8 OZ. FLAT, 20 COUNT.” Each box bears a packed-on date of “JUN 22 07.”
10-pound boxes of “SAND CASTLE FINE MEAT, 100% PREMIUM BEEF HAMBURGERS 85/15, 6 OZ. FLAT, 27 COUNT.” Each box bears a packed-on date of “JUN 22 07.”
2-pound boxes of “Topps 100% Pure Ground Beef Hamburgers, 8 Quarter Pounders.” Each box bears a sell-by date of “JUL 12 08.”
2-pound boxes of “Topps 100% Pure Ground Beef Hamburgers, 3 OZ., 10 COUNT.” Each box bears a sell-by date of “JUL 12 08.”
3-pound boxes of “Topps 100% Pure Ground Beef Hamburgers, 6 OZ. PUB Burgers.” Each box bears a sell-by date of “JUN 22 08.”

Each package also bears the establishment number “Est. 9748” inside the USDA mark of inspection. The frozen ground beef products were produced on June 22, July 12 or July 23 and were distributed to food service institutions in the New York metropolitan area and to retail establishments nationwide. An investigation into a cluster of illnesses in the Northeast region carried out by the New York State Department of Health in coordination with the Centers for Disease Control and Prevention led to a positive product sample collected by the New York Department of Health.

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According to CNN Money:  Warehouse club operator pulls items from shelves after routine testing

BJ's Wholesale Club, Inc. said Tuesday it was recalling packages of fresh mushrooms after it a routine inspection revealed the possible presence of the deadly bacteria E. coli.  The warehouse club operator said the products affected were Wellsley Farms brand fresh mushrooms purchased between February 11 and February 19, 2007.  The company, which had not received any reports of illness, said it had removed all the potentially affected products from its shelves as a precaution.

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Orchid Island Juice Company of Fort Pierce, Florida, is voluntarily recalling all unpasteurized orange juice (only) with a code date of 7/25/05 or earlier and all unpasteurized frozen orange juice with expiration codes of 04-25-2007 through 07-08-2007 for Just Pik't and Natalie's Orchid Island Juice Company brands, 18-04-2008 through 10-06-2008 for Floridella brands, bottle codes S3.2007.04.27 through S2.2007.06.27 for Herders and St. Marc brands, and bottle code OE55 S1125 for the Sundecker brand. Unpasteurized frozen juice is sold in liter, 60 oz, 1800 ml, 1750 ml, and 250 ml sizes. These products have the potential to be contaminated with Salmonella Typhimurium, a germ that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Otherwise healthy individuals may suffer short-term symptoms such as high fever, severe headache, vomiting, nausea, abdominal pain and diarrhea. Long-term complications can include severe arthritis.

Orchid Island Juice Company distributes unpasteurized orange juice and unpasteurized frozen orange juice in the following states: Alabama, California, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Vermont, Virginia, Washington D.C., West Virginia, Wisconsin, and internationally to Canada, France, and Japan. Consumers may have purchased or consumed the product through retail or foodservice establishments such as restaurants, hotels, resorts, or country clubs.

Orchid Island Juice Company's unpasteurized orange juice can be identified by the following labels: Natalie's Orchid Island Juice Company, Ultimate Juice, Albritton Fruit, Finagle A Bagel, Gourmet Garage, Kings Market, Nino Salvaggio, Schnucks, Wegmans, Balducci's, and Zabars. Unpasteurized orange juice is sold in gallon, quart, pint, 12 oz, and 8 oz sizes. All containers are made of plastic and are clear in color so the orange juice is visible.

To date there has been 15 suspected cases of illness. The company is working with FDA to cooperatively determine the source of contamination. The company will initiate temporary delicate flash pasteurization of orange juice pending a thorough investigation.

Domestic consumers who have purchased unpasteurized orange juice and/or unpasteurized frozen orange juice distributed by Orchid Island Juice Company should throw the juice away and return just the container to the store of purchase for a full refund. International customers need to place the product on "hold". Consumers with questions may contact Orchid Island Juice Company directly at 772-465-1122.

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The United States Food and Drug Administration (FDA) announced on July 8, that Orchid Island Juice Co. of Fort Pierce, Florida was recalling unpasteurized orange juice after fifteen cases of Salmonella Typhimurium were traced to consumption of Orchid Island orange juice. In light of the FDA's recall announcement, Seattle attorney William Marler of Marler Clark has called again on the FDA to completely ban the sale of all unpasteurized juices.

In 1998, the FDA required that juice makers label unpasteurized juices with the statement, "WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria which can cause serious illness in children, the elderly, and persons with weakened immune systems." But although at least three large Salmonella outbreaks have been traced to contaminated juice products since 1999(1), the FDA does not require juice companies to pasteurize juice, and no longer requires producers of unpasteurized juice to provide warning labels on their juice products.

"It is simply outrageous that after all we've learned about the importance of pasteurizing fruit juice, especially after the Odwalla and Sun Orchard outbreaks, we still have companies selling unpasteurized juices without warnings, the government allowing it, and people getting sick because of it," said Marler. "Why the FDA would allow a company to produce an unpasteurized product and allow no warning label is beyond me."

Symptoms of Salmonella infection include diarrhea, abdominal cramps, fever, nausea, and/or vomiting, and usually begin within 6 to 72 hours after ingestion of the bacteria.

"I've represented thousands of victims of Salmonella outbreaks," Marler continued. "Infections are not pretty. These people suffer from intense abdominal cramps, bloody diarrhea, and severe nausea and vomiting. These 15 people could be perfectly healthy had the juice they were sold been pasteurized."

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