11-12-14 at 8.02.51 AMNew York State Agriculture Commissioner Richard A. Ball today warned consumers in Sullivan County and the surrounding area not to consume unpasteurized raw farm milk from the Richard Dirie Farm due to possible Listeria contamination.  The Dirie Farm is located at 1345 Shandelee Road, Livingston Manor, New York, 12758.

A sample of the milk, collected by an inspector from the department’s Division of Milk Control and Dairy Services on April 7, 2015 was subsequently tested by the Department’s Food Laboratory and discovered to be contaminated with Listeria monocytogenes.

On April 9, 2015, the producer was notified of a preliminary positive test result. He volunteered to suspend raw milk sales until the sample results were confirmed.  Further laboratory testing, completed on April 15, 2015, confirmed the presence of Listeria monocytogenes in the raw milk sample.

This is the second time in seven months that the state Department of Agriculture and Markets found the bacteria in the farm’s raw milk. It was also found in October, said owner Richard Dirie. But he says they were able to correct the problem – an issue with the water valve controlling the water’s temperature – fairly quickly.

Listeria monocytogenes is an organism which can cause serious and sometimes fatal infections in young children, cancer patients, elderly people, and others with weakened immune systems. People who are otherwise healthy may suffer only short-term, flu-like symptoms such as high fever, severe headaches, stiffness, nausea, abdominal pain, and diarrhea, Listeria can cause miscarriages and stillbirths among pregnant women.

It is important to note that raw milk does not provide the protection of pasteurization, which eliminates all pathogenic bacteria, including Listeria.

8 sick with at least three deaths in Kansas and Texas.

  • blue-bellIt’s not unusual to see listeria outbreaks linked to dairy products, including ice cream, said William Marler, an attorney who represented victims of a 2011 listeria outbreak that killed 33 people and was traced to a Colorado cantaloupe farm.
  • Mr. Marler said he thought Blue Bell had responded appropriately once it knew its products were linked to illnesses and deaths.
  • The lack of overt sympathy for the victims, which now includes three in Texas, irks attorney Bill Marler, of Seattle- based Marler Clark, one of the nation’s top food safety attorneys. “The only criticism I really have for Blue Bell is they seemed so focused on themselves and less on the people that had gotten sick,” said Marler, who also publishes the Web site foodsafetynews.com.
  • “Likely what happened is the piece of machinery was contaminated. The liquid form of the ice cream goes through the machine when it’s not yet frozen, but around 40 degrees, and it’s a great place for [listeria] to grow,” speculated food safety lawyer Bill Marler.
  • Listeriosis, a food-borne illness, can be especially fatal for people with weak immune systems. It is carried by the bacteria, listeria, which can thrive even at refrigerator temperatures as low as 40 degrees Fahrenheit. “It’s why it’s a problem for cooler foods like ice cream and cheese,” says Bill Marler, a food safety lawyer in Washington state.
  • A lawyer who specializes in representing victims affected by Listeriosis, tells KAKE News there are two reasons to be worried about the spread of the bacteria after a Wichita hospital has been linked to five cases and three deaths. Bill Marler of Seattle has represented dozens of Listeriosis victims, including Kansas residents from the 2011 outbreak caused by cantaloupes that killed 33 people. He says these cases are becoming more common because people are filling their fridges with frozen items.
  • “We’re doing a lot more ready to eat products that are kept in cool temps,” says Marler.
  • He says another reason for concern about the outbreak is it can take up to 70 days from the time you eat the product, to when you get sick. “Listeria is it’s a bug that loves refrigerated, cool environment,” says Marler. “So that’s why you see the outbreaks involving things like cold products like ice cream.”
  • While this outbreak has been traced back to Blue Bell products consumed at Saint Francis, Blue Bell items were also sold at convenience stores. Marler urges everyone clears their freezers of the the contaminated products. “Because this is a frozen product, it’s really important for those who receive this product, and it appears that most of it was institutional, they need to get it off the shelf, out of the freezers because what you don’t want to see happen is something to stay in there and 6 months from now that someone eats it again.”
  • It’s not unusual to see listeria outbreaks linked to dairy products, including ice cream, said William Marler, an attorney who represented victims of a 2011 listeria outbreak that killed 33 people and was traced to a Colorado cantaloupe farm.
  • Attorney Bill Marler is a partner at Seattle-based Marler Clark, also called “The Food Safety Law Firm.” He said it generally does not take a year for a pattern of Listeria-related infections to surface. “The time line seems incredibly long …in my opinion, but could be the fact that the product was frozen,” he said. “Getting the product out of freezers is critical. People who purchased recalled products need to check freezers.”

$7,000,000 fine, three months in jail each and a year probation each.

  • B9316966527Z.1_20150413221312_000_G5LAGF96P.1-0Bill Marler, an acclaimed food safety lawyer whose firm represented a group of more than 100 people who were sickened in the salmonella outbreak, said before the sentence was announced that he “wouldn’t be surprised” if the DeCosters didn’t get any jail time.
  • Marler, who also represented the plaintiffs in the cantaloupe case, believes this shift toward punishing executives more harshly “wakes people up” to the issues at stake, and may even help prevent future fraudulence in the food industry.
  • “Knowing CEOs can go to jail has more impact on behavior than a lawsuit that ends up being paid off by an insurance company,” he said in June, after the DeCosters pleaded guilty. This week, he told the Associated Press that recent prosecutions in this area have definitely made an impression on the food producers he meets.
  • “The sentence sends an extremely strong message to food producers that the U.S. Attorney is going to look very hard at these kinds of outbreaks,” Marler said in a phone interview Monday.
  • “I wouldn’t be surprised if the judge didn’t sentence them to jail, but I’d be disappointed,” food safety lawyer Bill Marler, whose firm represented more than 100 people sickened in the outbreak, said ahead of sentencing.
  • Even if the DeCosters hadn’t received jail sentences, Marler said he believes the case along with several other high-profile prosecutions in food cases has made an impression on food producers he meets at conferences or in courtrooms.
  • “These criminal prosecutions send a message to the industry that the kind of behaviors that the DeCosters were into are not going to be tolerated,” said Bill Marler, a managing partner with Seattle-based Marler Clark, who represented nearly 100 victims of the salmonella outbreak linked to the DeCosters. “The fact that these criminal investigations and indictments are happening may well be the thing that makes our food supply safer.”
  • Bill Marler, dubbed “the most powerful food safety attorney” by The New Yorker, attributes the outbreaks to two main factors. One: It is “unclear as to who is responsible for oversight.” And two: The bacteria is simply endemic to poultry.  Marler’s firm represents more than a hundred people sickened in the Quality Egg outbreak, which the CDC says caused 1,939 known illnesses, but could have actually hit as many as 56,000 people. The company’s “litany of shameful conduct,” as US District Judge Mark Bennett called it, included knowingly shipping eggs with falsified processing and expiration dates and at least two instances of bribing a USDA inspector. In addition to the three-month sentences for the DeCosters, each paid $100,000 in fines and the company paid $6.8 million as part of a plea agreement.
  • The lack of clarity around regulation is in part to blame, Marler says, a problem highlighted in The New Yorker profile:
  • In the U.S., responsibility for food safety is divided among fifteen federal agencies. The most important, in addition to the F.S.I.S., is the Food and Drug Administration, in the Department of Health and Human Services. In theory, the line between these two should be simple: the F.S.I.S. inspects meat and poultry; the F.D.A. covers everything else. In practice, that line is hopelessly blurred. Fish are the province of the F.D.A.—except catfish, which falls under the F.S.I.S. Frozen cheese pizza is regulated by the F.D.A., but frozen pizza with slices of pepperoni is monitored by the F.S.I.S. Bagel dogs are F.D.A.; corn dogs, F.S.I.S. The skin of a link sausage is F.D.A., but the meat inside is F.S.I.S.
  • Eggs, Marler says, are like the pepperoni pizza—they fall in a gray area between multiple agencies. Plus, when it comes to chickens, salmonella is just very common, and not confined to factory farms. Marler says even his own backyard chickens might have it.

subwayindexToday the Arkansas Department of Health (ADH) warned of a possible Hepatitis A Virus (Hep A) exposure after a Subway employee in Morrilton tested positive for the virus. The Subway is located at 1812 State Highway 9 Business, just off of Exit 108 on Interstate 40 in Morrilton. The ADH announced that any individual, who has eaten food from the Morrilton Subway between March 25 and April 5 and is experiencing symptoms should contact their primary care provider immediately.

Hmm, this sounded familiar.

In mid-October of 1999, an unusually high number of hepatitis A cases were reported among individuals residing in Northeast Seattle and Snohomish County, Washington. The Snohomish Health District (SHD) noted that a number of the Hep A cases were reported among individuals who resided in Snohomish County, but who worked in the Northeast Seattle area.

Public health officials conducted an epidemiologic survey that included questions about whether case-patients had eaten at fast food restaurants and grocery stores prevalent in the North Seattle area.  By November 5, 1999, 18 of 21 persons confirmed positive with Hep A in King County after October 15, 1999 were found to have eaten at one of two Subway Sandwich outlets during the two to six week period prior to the onset of symptoms.  During this same time period, the SHD determined that at least six persons with Hep A had eaten at one of the two implicated Subway outlets.  Having confirmed that the Subway outlets were, in fact, the outbreak’s common source, health department officials issued a press release that stated, in part, that:

An ongoing investigation by Public Health suggests that many Hep A infections are associated with consuming food from one of two Subway Salads and Sandwiches outlets during the month of September. . . .“If you have eaten at these restaurants during September and are ill with symptoms of hepatitis, you should seek prompt medical evaluation,” said Dr. Alonzo Plough, Director of Public Health – Seattle & King County.

It is estimated that over 40 persons became ill as a result of eating contaminated food sold at the two Subway outlets implicated in the September 1999 Hep A outbreak.

We represented most of them.

Hep A is usually spread when a person ingests fecal matter – even in microscopic amounts – from contact with objects, food or drinks contaminated by the feces, or stool, of an infected person. Typical symptoms of Hep A include, but are not limited to: fever, fatigue, loss of appetite, nausea, vomiting, abdominal pain, dark urine, clay-colored bowel movements, joint pain or jaundice (yellowing of the skin or eyes). Hep A is a contagious liver disease that results from infection with the Hepatitis A virus. It can range in severity from a mild illness lasting a few weeks to a severe illness lasting several months. A person can transmit the virus to others up to 2 weeks before and one week after symptoms appear. There are no specific treatments once a person gets Hep A. However, it can be prevented through vaccination or through receipt of a medicine called immune globulin. This medicine contains antibodies from other people who are immune to Hep A. Many people, especially children, may have no symptoms. The older a person is when they get Hep A, typically the more severe symptoms they have. Almost all people who get Hep A recover completely and do not have any lasting liver damage, although they may feel sick for months. Hepatitis A is preventable through vaccination. Hepatitis A vaccine has been recommended for school children for many years and one dose of Hep A vaccine is required for entry into kindergarten and first grade as of 2014. Most adults are likely not vaccinated, but may have been if they received vaccinations prior to traveling internationally.

DeCosters-in-Jail-300x225AP reports today that:

Two former egg industry executives received jail sentences Monday for their roles in a major 2010 salmonella outbreak, representing the latest high-profile victory for government officials hoping to emphasize food safety.

The three-month sentences handed down in federal court are noteworthy because only a handful of cases of corporate misconduct end with executives behind bars. The extent of harm caused by the outbreak and the pattern of problems led to the decision for jail time.

Austin “Jack” DeCoster and his son, Peter DeCoster, each faced up to a year in jail on misdemeanor charges for shipping adulterated food. They will remain free while appealing their sentences.

“There’s a litany of shameful conduct, in my view, that happened under their watch,” U.S. District Judge Mark Bennett said.

Prosecutors said the jail sentences send a strong message about the importance of following food safety rules.

“A sentence of imprisonment is a fairly significant sentence in a case like this,” said Peter Deegan, the assistant U.S. attorney who prosecuted the case.

In the past 18 months, two Colorado cantaloupe farmers were convicted and received probation in a deadly 2011 listeria outbreak, and the former owner of Peanut Corporation of America was convicted in a 2008 salmonella outbreak. The peanut executive, Stewart Parnell, also could face jail time when sentenced.

The U.S. Centers for Disease Control and Prevention linked 1,939 illnesses to the outbreak, but officials estimate that up to 56,000 people may have been sickened. Investigators argue that the DeCosters knew their Iowa egg facilities were at risk for salmonella contamination before the outbreak.

The elder DeCoster, 80, of Turner, Maine, and his 51-year-old son, who lives in Clarion, Iowa, both pleaded guilty last year to introducing adulterated eggs into interstate commerce.

“I wouldn’t be surprised if the judge didn’t sentence them to jail, but I’d be disappointed,” food safety lawyer Bill Marler, whose firm represented more than 100 people sickened in the outbreak, said ahead of sentencing.

The DeCosters’ Quality Egg company paid a $6.8 million fine as part of a plea agreement, and the DeCosters each paid $100,000.

Quality Egg has admitted that workers knowingly shipped eggs with false processing and expiration dates to fool state regulators and retail customers about their age and bribed a U.S. Department of Agriculture inspector at least twice to approve sales of poor-quality eggs. It’s unclear when or how the DeCosters learned about the bribes, but prosecutors said that shows their disregard for food safety regulations.

Both Jack and Peter DeCoster said they were sorry about the harm their products caused, but they still generally defended their food safety efforts.

Jack DeCoster told the judge that he prayed for the victims of the outbreak to recover, but he wasn’t worried about his court sentence.

“God is the one I’m worried about,” Jack DeCoster said. “You can throw me in jail, your honor. That’s all you can do to me. I’ve got to meet up with God one day.”

Even if the DeCosters hadn’t received jail sentences, Marler said he believes the case along with several other high-profile prosecutions in food cases has made an impression on food producers he meets at conferences or in courtrooms.

Monday, Austin “Jack” DeCoster and his son, Peter DeCoster, will both face possible jail sentences stemming from a Salmonella outbreak caused by their Iowa egg farms in 2010.  The Salmonella outbreak ran from May 1 to Nov. 30, 2010, and prompted the recall of more than a half-billion shell eggs, the largest recall of its kind in history. And, while there were 1,939 confirmed infections, statistical models used to account for Salmonella illnesses in the U.S. suggest that the eggs may have sickened more than 62,000 people.

The family business, known as Quality Egg LLC, has already pleaded guilty to the federal felony count of bribing a USDA egg inspector and to two misdemeanors associated with the outbreak. It has agreed that the LLC will pay a $6.8-million fine and the DeCosters will be fined $100,000 each, for a total of $7 million.  Left to be decided on Monday by U.S. District Court Judge Mark W. Bennett at sentencing is whether the DeCosters will do any prison time.

Frankly, although this outbreak and their past brushes with the law, would be enough to put one or both of them behind bars for a time.  However, if the Court decides on fines and probation, I will be OK with that.  The year fact that they were charged – along with the charging and sentencing of the brothers Parnell (9 dead, 714 sickened) and the brothers Jensen (33 dead and 147 sickened) – has sent a strong chill down the backs of more than a few corporate executives.

Me, in honor of the DeCoster sentencing, today I cleaned the coop (yes, I used a shop vac) and installed a new nesting box and perch.  My seven hens are living large.

Decoster

Andrea Lutz, at KTVB reports that the Central District Health Department temporarily shut the Vietnamese restaurant Pho Tam On Orchard Street after inspectors found four health code violations, two of which were repeat violations. And, after the health department found five reported cases of Salmonella between February and mid-March.

Pho Tam now has 15 days to correct the violations and meet with the health department before it can reopen.

Here is a bit(e) of history about the restaurant’s track record with the health department:

Screen Shot 2015-04-09 at 5.16.11 PM

epi-04-08-2015-fullAccording to the CDC, the outbreak now consists of two clusters of illnesses that are likely linked to Blue Bell brand ice cream products. The outbreak involves eight people infected with outbreak strains of Listeria monocytogenes; eight people are reported from Kansas (5) and Texas (3).

Cluster 1 consists of five patients reported from Kansas during January 2014 through January 2015 who were all hospitalized at a single hospital for unrelated problems before developing listeriosis. Of the four ill people for whom information is available on the foods eaten in the month before Listeria infection, all consumed milkshakes made at the hospital with a Blue Bell brand ice cream product called “Scoops.” Whole genome sequences of Listeria monocytogenes strains isolated from four of the patients were found to be highly related to sequences of Listeria strains isolated from “Scoops” and two other products made on the same line at the company’s Texas facility. These products were recalled by Blue Bell Creameries on March 13, 2015.

Cluster 2 consists of three patients reported from Texas during 2011 through 2014 who were all hospitalized for unrelated problems before developing listeriosis. Whole genome sequences of their Listeria monocytogenes strains were highly related to sequences of Listeria strains isolated from another Blue Bell ice cream product, 3 oz. institutional/food service chocolate ice cream cups made at the Oklahoma production facility. The cup products were recalled by Blue Bell Creameries on March 23, 2015.

Three additional patients with listeriosis during 2010 through 2012 whose isolates have PFGE patterns similar to those of others in the cluster have been identified in the PulseNet database; further molecular laboratory testing is under way to determine whether these illnesses may be related to this outbreak.

listeria-monocytogenesRobin Erb of the Freep, reported tonight, that the presence of potentially listeria in several samples of hummus has prompted a national recall by Virginia-based Sabra Dipping Co. of 30,000 cases of Classic Hummus.

Inspectors with the Michigan Department of Agriculture and Rural Development learned of the possible contamination by Listeria monocytogenes after routine inspections March 30 at a Kroger in Port Huron, according to Jennifer Holton, MDARD spokeswoman.

Samples from the prepackaged product were collected for testing, and the results came back days later. Michigan officials alerted inspectors in Virginia and officials with the U.S. Food and Drug Administration who, in turn, are working with Sabra.

The recall is limited to five stock unit, or SKU, numbers of Classic Hummus. No other Sabra product is affected at this time.

These are the codes:

040822011143/300067 – Sabra Classic, 10 oz. – 3-059/Best before May 11;

040822011143/300067 – Sabra Classic 10 oz. – 3-060/Best before May 15

040822014687/300074 – Sabra Classic, 30 oz. – 3-059/Best before May 11

040822342049/301216 – Sabra Classic Without Garnish, 32 oz. – 3-059/Best before May 11

040822017497/301290 – Sabra Classic, 17 oz. Six Pack – 3-058/Best before May 11

040822017497/301290 – Sabra Classic, 17 oz. Six Pack – 3-059/Best before May 11

040822342209/301283 – Hummus Dual Pack Classic/Garlic – 3-058/Best before May 11