According to press reports and a press release from the Michigan Depart of Agriculture, James Ruster, owner of Mitchell Hill Farm in Ellsworth, was sentenced last week for a felony violation of Michigan’s Food Law.  Ruster pled guilty to willful misbranding and adulteration of food products and was sentenced to 14 to 48 months in prison plus fines and court costs.  This is the first felony conviction under this law.

In October 2011 a food inspector investigated a consumer tip that Ruster was selling apple cider at a local farmers market. Mitchell Hill Farm was not approved to produce cider. After repeatedly being informed that he wasn’t meeting safe cider production standards, Ruster continued to make and sell cider.

In November 2012 an investigation by the Health Department of Michigan determined the improperly processed cider caused an E. coli O157:H7 outbreak putting four individuals in the hospital, including two children.  The cider was linked to Mitchell Hill Farm.

Congressmen, and the reporters who cover them, love to be in the know, and when they do not have that insider information they feel a bit weak and vulnerable – I get it.  I also get that the San Francisco foodie community is upset that they are having trouble getting its fix of grass-fed, organic beef.  I also get that ranchers, manufacturers, retailers and consumers are likely being caught-up in this mess.

However, as frustrating the lack of information is there are good reasons that the owners of Rancho and the FSIS are limiting their comments on the recall of nearly 9,000,000 pounds of meat stretching over a year – its third recall of 2014.

USDA’s Office of Inspector General is investigating.  Because it is a potential criminal investigation, Rancho’s owners and employees are wise to limit what they say without the benefit of a lawyer.  FSIS is also holding things close to the vest, because it risks interfering with OIG’s investigation.  The lack of information is frustrating, but to do otherwise risks due process.

FSIS maintains that Rancho “processed diseased and unsound animals and carried out these activities without the benefit or full benefit of federal inspection.”  That is a serious charge, and although there have been no reported illnesses linked to this recall, processing animals under these conditions carry food safety risks, and are against the law.

FSIS is also caught between a rock and a hard place.  If no one becomes ill, and the recall is possibly deemed unnecessary, it will be criticized for over-reacting.  However, if the evidence went the other way, and FSIS did not issue a recall, they would be criticized for not doing its job.

In my view public safety has to trump business interests and transparency cannot overtake due process.  As frustrating as it is, we all have to let the investigation play out.

A total of eight persons infected with the outbreak strain of Listeria monocytogenes were reported from California (1) and Maryland (7)

Seven of eight ill persons were hospitalized. One death was reported in California. Five of the illnesses (2 mother-newborn pairs and a newborn) were related to pregnancy.

All patients are of Hispanic ethnicity.

Virginia’s Division of Consolidated Laboratory Services (DCLS) identified the outbreak strain of Listeria monocytogenes in a sample of Caujada en Terron (fresh cheese curd) collected by the Virginia Department of Agriculture and Consumer Services (VDACS) from a Chain A store. This cheese was likely produced by Roos Foods of Kenton, Delaware and was later repackaged in the Chain A store. VDACS issued a press release on February 15, 2014 instructing persons who purchased this product not to consume the cheese and to discard any remaining product.

VDACS subsequently collected pre-packaged Caujada en Terron produced by Roos Foods from Chain A that was not repackaged in the store. The Virginia DCLS identified Listeria monocytogenes from these samples; a consumer advisory was issued on February 21, 2014. DNA fingerprinting and whole-genome sequencing will be performed on these isolates. In addition, the Maryland Department of Health and Mental Hygiene has tested samples of pre-packaged cheese products purchased at Chain A stores; those products produced by Roos Foods are preliminarily positive for Listeria monocytogenes. On February 19, 2014, the Maryland Department of Health and Mental Hygiene issued a warning to consumers to not eat any cheese products made by Roos Foods. Their warning stated that Roos Foods cheese products are sold under brand names Santa Rosa de Lima, Amigo, Mexicana, Suyapa, La Chapina, and La Purisima Crema Nica.

The Washington State Department of Agriculture (WSDA) has revoked the food processing license of Mu Kung Hwa Oriental Food, a producer of traditional Korean rice cakes, after several inspections found on-going sanitation problems at the Pierce County business.

In addition to revoking the company’s license to process food, WSDA assessed a cumulative civil penalty of $11,900 against the company and required all products at the facility in Parkland to be destroyed. Notices about the license revocation have been sent to all known retail outlets and restaurants that have purchased or carry Mu Kung Hwa Oriental Food products.

As a result of these actions, the company cannot process any food at this location. Mu Kung Hwa Oriental Food has 10 days to appeal and request the agency reconsider the order, but it cannot operate as a food processing operation during that appeal period.

This enforcement action follows several visits to Mu Kung Hwa Oriental Food during which WSDA inspectors found problems with unsanitary conditions, poor sanitation practices by employees, and a general failure to protect food products from contamination. During the most recent visit, inspectors noted several problems that were observed during earlier inspections had not been addressed.

There are approximately 1,500 licensed food processors in Washington. WSDA’s Food Safety & Consumer Services Division works with these businesses to guide them in correcting violations of the state food production and handling requirements. When education efforts fail to improve conditions, WSDA has the authority to suspend or revoke licenses and assess civil penalties.

In this case, WSDA had twice issued orders to suspend Mu Kung Hwa Oriental Food’s processing license. Both times, the company signed settlement agreements in which they promised to meet food processing requirements but failed to do so. The most recent agreement was in April 2012.

The continued violations of food processing standards and the failure to fully pay earlier fines led to the decision to revoke Mu Kung Hwa Oriental Food’s food processing license.

The Maryland Department of Health and Mental Hygiene is warning consumers not to eat cheese products made by Roos Foods of Kenton, Delaware. During testing of products, a sample returned a presumptive positive for Listeria bacteria.

The health department is now testing to confirm the exact strain of Listeria. While it may be a harmless variety, it could potentially be Listeria monocytogenes, a potentially deadly bacteria. The cheeses were pasteurized and not sold as raw milk products.

While confirmatory testing is underway, DHMH advises consumers not to eat any cheese products made by Roos Foods, or foods that have been made with these cheeses.

Roos Foods include the following brands:

  • Santa Rosa de Lima
  • Amigo, Mexicana
  • Suyapa
  • La Chapina
  • La Purisima Crema Nica

If the products happen to be contaminated with a harmful strain of Listeria, eating them could cause listeriosis infection. Symptoms of infection include fever, muscle aches, headaches, diarrhea and nausea. Listeriosis in pregnant women can cause premature labor, miscarriage, stillbirth, or severe infection in newborns.

David Pierson of the LA Times Reports:

A troubled Central California slaughterhouse that supplies beef to the National School Lunch Program was closed by federal inspectors Monday for failing to meet cleanliness standards.

Operations at Central Valley Meat Co. in Hanford, Calif., about 30 miles south of Fresno, will be suspended indefinitely until the company produces a corrective plan, inspectors said.

The same facility was closed for a week in 2012 after animal rights group Compassion Over Killing submitted videos to the U.S. Department of Agriculture showing workers torturing cows with electric prods and spraying them with hot water.

Nearly 1,000 retail outlets implicated.

Rancho Feeding Corporation, a Petaluma, Calif. establishment, is recalling approximately 8,742,700 pounds, because it processed diseased and unsound animals and carried out these activities without the benefit or full benefit of federal inspection. Thus, the products are adulterated, because they are unsound, unwholesome or otherwise are unfit for human food and must be removed from commerce, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.  The following Rancho Feeding Corporation products are subject to recall:

  • “Beef Carcasses” (wholesale and custom sales only)
  • 2 per box “Beef (Market) Heads” (retail only)
  • 4-gallons per box “Beef Blood” (wholesale only)
  • 20-lb. boxes of “Beef Oxtail”
  • 30-lb. boxes of “Beef Cheeks”
  • 30-lb. boxes of ” Beef Lips”
  • 30-lb. boxes of “Beef Omasum”
  • 30-lb. boxes of “Beef Tripas”
  • 30-lb. boxes of “Mountain Oysters”
  • 30-lb. boxes of “Sweet Breads”
  • 30- and 60-lb. boxes of “Beef Liver”
  • 30- and 60-lb. boxes of “Beef Tripe”
  • 30- and 60-lb. boxes of “Beef Tongue”
  • 30- and 60-lb. boxes of “Veal Cuts”
  • 40-lb. boxes of “Veal Bones”
  • 50-lb. boxes of “Beef Feet”
  • 50-lb. boxes of “Beef Hearts”
  • 60-lb. boxes of “Veal Trim”

Beef carcasses and boxes bear the establishment number “EST. 527” inside the USDA mark of inspection.  Each box bears the case code number ending in “3” or “4.” The products were produced Jan. 1, 2013 through Jan. 7, 2014 and shipped to distribution centers and retail establishments nationwide.

There seems to be no middle ground in the debate over raw milk. On the one side, you have farmers happy to sell a product for $10 to $18 a gallon, and consumers who believe that they are purchasing a product that is not only more healthful but will also cure everything from allergies to autism. On the other side, you have public health officials defending the time-tested benefits of pasteurization as a way to make milk safe to consume.  I posted some time ago the Legal History of Raw Milk.

But even though the argument appears to have two sides, the reality is as simple as it is undeniable: raw milk is seriously risky, and should be consumed, if at all, with extreme caution.  Children, the elderly or those with compromised immunity, should not consume raw milk – period!  If you are a healthy adult, go ahead and flip a coin, but do not feed it to your kids.

Over the last several years I have tried to bring some level of rationality to the debate over the consumption of raw milk. I first published on my blog a summary of the findings of a review of peer-reviewed literature on the topic of the “pros” of the consumption of raw milk. Most alleged benefits were anecdotal, with a reduction in allergies as the only scientific observation. I then posted about the “cons.” The overwhelming “con” of drinking raw milk, according to the scientific literature, relates to the serious risk of infection, and the injury, disability, and death that result.

In trying to base the debate over the pros and cons of raw milk more firmly on facts, and not anecdote and emotion, I have found that the most instructive thing that I can do is to remind debate-participants of “real world” effects that drinking raw milk can cause. For example:

Chris Martin, then age seven, developed an E. coli O157:H7 infection in September 2006 following consumption of raw milk. He was hospitalized beginning September, suffering from severe gastrointestinal symptoms. Shortly thereafter, he developed hemolytic uremic syndrome (HUS). In an effort to properly treat his rapidly deteriorating condition, Chris was moved to multiple medical facilities, twice by life-flight. His HUS was remarkably severe, marked by prolonged renal failure, pancreatitis, and severe cardiac involvement. He required 18 days of renal replacement therapy. On two occasions his cardiac problems became so severe that he was placed on a ventilator. At several junctures, the possibility that he might not survive was very real. Ultimately he was hospitalized through November, after incurring over $550,000 in medical bills. Renal experts have opined that Chris is likely to develop severe renal complications in the future. These complications include end stage renal disease (ESRD) and kidney transplant.

Mari Tardiff was one of those sickened in the June 2008 outbreak of Campylobacter connected to raw milk. As a result of her Campylobacter infection, Mari developed Guillain Barré syndrome, or GBS, a potentially fatal inflammatory disorder. By the time she was hospitalized in mid June, Mari was essentially paralyzed. Mari was intubated and placed on mechanical ventilation. For weeks on end, Mari’s condition remained unchanged. She was heavily sedated, unable to move, and entirely dependent on mechanical ventilation for survival. In August, there were indications of slight improvement, and the very slow process of weaning Mari off mechanical ventilation began. At the outset, it was not clear that the process was successful. Through incredible effort on Mari’s part, she was fully weaned off mechanical ventilation by August, and discharged to a rehabilitation facility. She spent more than two months at the rehabilitation facility diligently attempting to re-acquire the ability to speak, breathe, and move her arms and legs on her own. She was discharged home in November, still in need of essentially 24-hour care. Since that time, she has worked every day toward achieving her goal, as yet unreached, of walking again. Medical expenses to date exceed $1,000,000.

Nicole Riggs developed an E. coli O157:H7 infection in May 2008 from consumption of raw goat’s milk. She was nine years old at the time. Nicole suffered from symptoms typical of E. coli O157:H7 infections – bloody diarrhea, cramping, and nausea – that quickly intensified and led to her hospitalization. Once hospitalized, Nicole developed renal failure, anemia, and thrombocytopenia (low platelet count) indicating that she was developing HUS. She was transferred to a Children’s hospital and started on dialysis in order to save her life. She received dialysis for 18 days. Nicole’s renal function slowly returned to the point that she was deemed healthy enough for discharge on June 1. After discharge, she remained under the care of a nephrologist. In addition, damage suffered during her HUS has required that her gall bladder be removed. Medical costs to this point exceed $180,000. As the result of damage to her kidneys suffered during her bout with HUS, Nicole is at significant risk for severe renal complications in the future.

I certainly understand the desire of a farmer to sell a highly profitable product, just as I can understand the desire of consumers to make up their own minds about drinking raw milk. But farmers and consumers need to be fully informed, and the risks need to be fully understood. Because of the debate and the risks, I helped fund the building of Real Raw Milk Facts as a place where the pro’s and con’s of raw milk production and consumptions can be discussed against the background of scientific facts.

Bottom line, be informed – See Parent’s Food Safety Guide for Raw Milk.

The Hawaii State Department of Health (DOH) has reached a settlement agreement with Kanemitsu Bakery for $20,000 for violations of Hawaii Revised Statutes and Hawaii Administrative Rules designed to protect public health and prevent adulterated food products from being distributed and sold under poor sanitary conditions.

Kanemitsu Bakery is located at 79 Ala Malama St. in Kaunakakai on the island of Molokai.

“We expect that Kanemitsu Bakery will comply with all food safety rules and regulations,” said Gary Gill, DOH deputy director of Environmental Health. “It is both a legal requirement and a moral responsibility to ensure that food sold to the public is safe, wholesome and uncontaminated.”

DOH suspended Kanemitsu Bakery’s food establishment permit in April 2012 for numerous health code violations and for not complying with DOH orders to stop all sales of products produced at the bakery.

An inspection on June 20, 2012, revealed serious deficiencies in the maintenance and manufacturing practices conducted at the facility. The bakery remained closed until mid-November 2012 after failing repeated health inspections. Administrative fines and permit suspensions are pursued when food facilities are unwilling to correct repeat violations or present imminent health threats.

According to press reports, the Gambian magistrate court on Thursday fined a five-star hotel chef for negligence in serving unsafe food to Nigerian President Goodluck Jonathan and his delegation last November.

Ayoub Aliris, chef of hotel Coco Ocean, was found guilty of cooking prawns that led to food poisoning during a state visit by President Jonathan to the country last November.  Aliris was fined 100,000 Gambian dalasis (US$2,600).

The chef had denied the charges during his first court appearance.

Police said the chef had cooked prawns for a special lunch hosted for the visiting Nigerian leader.

Jonathan was later rushed to hospital to treat an upset stomach during a subsequent visit to London.