Defending Food Safety : Food Safety Defense Lawyer & Attorney : National Food Industry Counsel : National Food Regulatory Lawyer and Attorney, FDA Lawyer and Attorney. USDA Lawyer and Attorney : Gass Weber Mullins Law Firm

According to the FDA, the Plainview Milk Products Cooperative has announced a voluntary recall of various milk products following the discovery of potential Salmonella contamination. The recall includes all instant nonfat dried milk, whey protein, fruit stabilizers, and gums (thickening agents) produced by the company during the past two years at its facility in Plainview, Minnesota. Click on the following link to view a copy of the FDA News Release.

The investigation which led to the recall is an interesting example of the ways in which the governmental agencies, which oversee the food industry, can and do work together to identify any potential problems which may arise. The investigation began when the USDA found Salmonella in 100-gram pouches of Dairyshake powder that were not for retail sale. The USDA then alerted the FDA, who later discovered salmonella on some of the processing equipment used in the Plainview plant. The FDA conducted the investigation in collaboration with USDA, CDC, the Minnesota Department of Agriculture, and various state and local health departments.

The products which were voluntarily recalled have not been linked to any illnesses, nor did they reach consumers directly. Rather, they were sold to other downstream companies, which then used the ingredients to process other foods.

We will, of course, continue to report on continuing developments.

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On June 24, 2009, the JBS Swift Beef Company announced a voluntary recall of approximately 41,280 pounds of beef products. After consultation with the FSIS, and following a thorough review of its own records, the company has voluntarily expanded its initial recall to include an additional 380,000 pounds of select intact beef primal products. Click on the following link to view the FSIS Recall Release.

According to FSIS, the expanded recall was initiated voluntarily by JBS Swift, in an abundance of caution, as a result of an ongoing investigation by the CDC of numerous E. coli O157:H7 illnesses in multiple states. According to the company, the FSIS had indicated that some of these illnesses could potentially be associated with ground beef products further processed (by JBS Swift’s customers) from whole intact cuts. Click on the following link to view the JBS Release.

The beef products affected by the expanded recall were produced in Greeley, Colorado on April 21, 2009, and were distributed both nationally and internationally. Click on the following link to view a list of those products subject to the expanded recall.

Each box of recalled product bears the establishment number "EST. 969" inside the USDA mark of inspection, an identifying package date of "042109," and a time stamp ranging from "0618" to "1130." The recalled products include intact cuts of beef, such as primals, sub-primals, or boxed beef typically used for steaks and roasts (rather than for ground beef). As noted, however, because some of these products may have been further processed by downstream customers into ground beef, the final packaging may not bear the establishment number "EST. 969." As a result, FSIS is advising customers with concerns to contact their point of purchase.

FSIS also reminds consumers that, whether beef products are ground or intact, cooking beef products to 160 degrees will destroy any pathogens that may be present, and will render the products safe.

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The JBS Swift Beef Company has announced a voluntary recall of approximately 41,280 pounds of beef products, following the discovery of E. coli O157:H7 during FSIS microbiological sampling, and an investigation involving the distribution of all potentially affected products.

The products affected by the recall were produced by JBS Swift (in Greeley, Colorado) on April 21 and 22, 2009, and were distributed to distributors and retail establishments in Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah and Wisconsin.

The specific products subject to recall include:

• Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "21852."

• Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "21853."

• Boxes of "Swift, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "31852."

• Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "31853."

• Boxes of "Swift, USDA SELECT, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "33852."

• Boxes of "USDA SELECT, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "33853."

• Boxes of "BLACK ANGUS, Swift Premium, BEEF, USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "41853."

• Boxes of "BLACK ANGUS, Swift Premium, BEEF, USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "41853."

• Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, an identifying package date of "042109" and a case code of "79852."

• Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, an identifying package date of "042109" and a case code of "79853."

• Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "90853."

All raw meat products carry federally-mandated safe-handling labels.  In turn, FSIS reminds consumers that thoroughly cooking raw beef products will destroy any pathogens that may be present, and will render the products safe.

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A voluntary recall of approximately 6,152 pounds of ground beef has been announced by the International Meat Company following the discovery of E. coli O157:H7 during routine FSIS product sampling.

The ground beef products affected by the recall were processed by the company (located in Chicago, Illinois) between June 17, 2009 and June 19, 2009. In turn, the products were shipped to distributors and restaurants throughout the Chicago metropolitan area.

The specific products subject to recall include:

• 5-pound, plastic-lined boxes of "International Meat Co., PURVEYOR OF FINE MEATS TO HOTELS AND RESTAURANTS, BEEF PATTIES." Each box bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909."

• "5- and 10-pound bags of bulk "International Meat Co., BEEF PATTIE MIX." Each bag bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909."

• "10-pound bags of "International Meat Co., GROUND BEEF." Each box bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909."

• "10-pound bags of "Packed For, Purely Gourmet & Organic, Ground Beef." Each box bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909."

The problem was discovered through routine FSIS microbiological sampling. FSIS has confirmed, as well, that have not been any illnesses associated with the consumption of these products. FSIS also reminds consumers that thoroughly cooking raw beef products to an internal temperature of 160 degrees will destroy any pathogens that may be present, and will render the products safe.

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Defending food-borne illness cases throughout the country, we understand better than anyone the uncertianty surrounding recent reports that raw Nestle cookie dough may be the source of an ongoing nationwide E. coli O157:H7 outbreak. Although, historically, E. coli has been linked to outbreaks involving water, spinach, lettuce, alfalfa sprouts, fruit juices, salami, cheese, and raw (or, undercooked) meat, cookie dough has never been implicated.

Nevertheless, since March 2009, federal and state investigators have been attempting to identify the likely source of a nationwide E. coli outbreak which has affected about 66 people in 28 states. To date, about 25 individuals have been hospitalized.

Although the true source of the ongoing outbreak remains uncertain, health officials recently announced that a number of cases associated with the outbreak reportedly consumed raw Nestle Toll House cookie dough prior to the onset of their illnesses.

In Colorado, for example, of five cases recently linked to the nationwide outbreak, four reported eating raw cookie dough. Nevertheless, although such reports may suggest an association with a particular food, epidemiology alone (without the added benefit of microbiological confirmation in an implicated product) is often insufficient to determine the cause of an outbreak. For this reason, Alicia Cronquist, an epidemiologist with the Colorado Department of Health (“CDH”), stated further that, although we want consumers to be aware, "[w]e can't be certain that raw cookie dough is the source of these infections." Click on the following link to view the CDH Press Release.

Despite lingering uncertainty, these reports prompted an immediate response from Nestle. Noting that the safety of consumers is paramount, and although E. coli has not been isolated from any of its products, the company elected, in an abundance of caution, to issue an immediate, voluntary and precautionary nationwide recall of refrigerated Nestlé Toll House cookie dough products. In turn, Nestle spokeswoman Roz O'Hearn confirmed that "this has been a very quickly moving situation." O'Hearn highlighted further that, after learning of a potential problem, "the company took action in less than 24 hours." Click on the following link to view the Nestle Press Release.

Thus, as the investigation continues, both Nestle and health officials have asked consumers not to eat prepackaged refrigerated cookie dough. The precautionary recall includes refrigerated cookie bar dough, cookie dough tub, cookie dough tubes, limited edition cookie dough items, seasonal cookie dough and Ultimates cookie bar dough. It does not, however, affect any other Toll House products. Click on the following link to view the FDA Recall Release (and list of affected products).

While Nestle is working closely with the FDA to determine whether any of its products are indeed implicated, the Minnesota Department of Health (“MDH”) is testing products collected from retail stores and from ill consumers' homes. Currently, the MDH is investigating six cases with onset dates between May 3 and June 11. Click on the following link to view the MDH News Release.

Finally, it should be noted that, regardless of the ultimate source of the outbreak, consumers should never eat raw cookie dough. According to Carlota Medus, an epidemiologist with the MDH, “cookie dough, whether purchased in a tub from the store, or made at home from scratch, should not be eaten raw.”  This, of course, is because many raw products can potentially carry pathogens that might cause illness if improperly handled and prepared.  This is also why the labels on raw cookie dough clearly state that the products should always be baked before consumption.  When properly handled and prepared (and cooked to an internal temperature of at least 165 degrees), cookies make from raw dough are perfectly safe for consumption.

In any event, the safety and quality of its products, says Nestle, is a non-negotiable priority. For this reason, the company has apologized for any inconvenience caused by the precautionary recall.

And, until a source is conclusively determined, we of course will continue to provide updates on the continuing investigation.

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Following recent increases in public and media attention focused on food-borne illness, outbreaks and recalls, the House Energy and Commerce Committee has approved the Food Safety Enhancement Act of 2009. The proposed legislation is designed to enhance FDA food safety-related authority. 

The bill, H.R. 2749, passed the committee unanimously with an amendment that would exempt food production facilities and products regulated exclusively by the Federal Meat Inspection Act, the Poultry Products Inspection Act or the Egg Products Inspection Act.  The bipartisan bill, spearheaded by Chairman Henry Waxman (D-CA) and Chairman Emeritus John Dingell (D-MI), has received support from a broad coalition of consumer and public health organizations.

According to reports, the full House is expected to vote on the bill prior to the July 4 recess. Click on the following link to view a copy of the proposed legislation, as amended. If enacted, the bill would give the FDA new authority to create robust food safety standards, to establish rules for enhancing traceability, to increase inspections at high-risk facilities, to mandate food product recalls, and to enforce new penalties for violations of federal food safety requirements.

The legislation would also increase FDA funding to facilitate these efforts by requiring food companies to pay new annual registration fees of $500.

Although proposed food safety initiatives are also planned for debate in the U.S. Senate, these efforts, reportedly, may be stalled as a result of ongoing legislative efforts associated with proposed health care reform.

In any event, we’ll continue to report as the debate continues.

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A new film documentary, now playing in select U.S. theaters, takes a critical view of how our food is produced. Food, Inc., directed by Robert Kenner, suggests that the U.S. food supply is not only dominated by expansive, corporate farms, but that a large-scale approach to food production can have harmful effects on the public health, the environment, and worker rights.

In response to these assertions, many of which have been characterized as extremely misleading, the food industry has launched www.safefoodinc.com.

According to the new website, "U.S. meat and poultry is among the safest, most abundant and most affordable in the world." Indeed, the website counters, "[w]e have achieved success through research, technology and plain hard work. Our members are large and small, urban and rural, old-world and modern cutting edge.”

In turn, the website supports its message with numerous fact sheets, brochures, charts, video tours and third-party experts who can provide more information.

Because, as industry claims, “the makers of Food, Inc. seek to paint the food industry as big, bad and mechanized,” and “to prove their point though a selective use of the facts,” the new website hopes, at the very least, to set the record straight.

In any event, we strongly encourage you to visit www.safefoodinc.com (which is actually quite informative), and simply decide for yourself.

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Nearly five months after the new administration took office, there is still no indication when an undersecretary for food safety will be named. Secretary of Agriculture Tom Vilsack recently confirmed that the delay is due at least in part to the administration's commitment to avoid hiring former lobbyists.

According to Vilsack, those restrictions, coupled with continuing efforts to thoroughly evaluate all potential candidates, has taken significant time. Additionally, some leading candidates formerly under consideration have declined the position. Dr. Mike Doyle, director of the Center for Food Safety at the University of Georgia, for instance, reportedly passed on the invitation, stating he would prefer to continue his role at the University of Georgia.

When named, the new undersecretary will be forced to quickly address numerous emerging food safety initiatives. Although lobbyists claim it is hard for the FSIS to participate fully in the consideration of new initiatives without a sitting undersecretary, Congress nevertheless continues to debate new legislation, and the President's Food Safety Working Group continues to work toward framing new policy.

Thus, we look forward to a formal decision soon, such that all stakeholders can effectively participate in our continuing and collective efforts to strengthen food safety.

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The FDA has awarded $1 million in Food Safety and Security Monitoring grants to three states.

Arkansas, Nebraska and Wisconsin will each receive $350,000 to fund Food Emergency Response Network chemistry laboratories, in continuing efforts to facilitate the creation of a nationally integrated food safety system. Last year the FDA awarded $5.2 million in similar grants to state and local agencies in California, Ohio and Colorado.

According to the FDA, the money can be used by the states for facility upgrades, training in current food testing methodologies, increased laboratory sample analysis capacity and other activities.

The Arkansas Department of Health is expected to use the funds to increase its capability for testing for toxic and unknown substances in food products, to enhance its ability to provide regional support during national food surveillance activities, and to increase its state and local emergency response capacities.

The Nebraska Department of Agriculture will reportedly use the grant money to increase its food product and chemical analysis abilities. Nebraska may also use the money to expand laboratory capacities.

Finally, the Wisconsin Department of Agriculture has indicated that it will likely use the money to enhance its food-related emergency response systems, specifically in the area of chemical analysis.

According to the FDA, the recipients of the grants may also be required, in the event of a national food-related emergency, to perform selected analyses of food samples collected by the FDA or other government agencies.

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A voluntary recall of approximately 39,973 pounds of ground beef products was announced today by SP Provisions, following the discovery of E. coli O157:H7 during routine product sampling.

The ground beef products affected by the recall were processed by the company (located in Portland, Oregon) on various dates between April 8, 2009 and May 28, 2009. In turn, the products were distributed to retail establishments, hotels, restaurants and other institutions in Oregon and Washington. Click on the following link to view the FSIS Recall Release. The ground beef products subject to recall include:

Cascade Natural Beef Brand:

• 5-pound and 10-pound bags of ground beef. Each package bears the identifying case code "13-016G."
• 5-pound and 10-pound bags of chili grind. Each package bears the identifying case code "13-016C."
• 15-pound boxes of ground beef patties. Each package bears the identifying case code "13-016GP.

SP Provisions Brand:

• 5-pound and 10-pound bags of ground beef. Each package bears the identifying case code "01-136."
• 5-pound and 10-pound bags of chili grind. Each package bears the identifying case code "01-136C."
• 15-pound boxes of ground beef patties. Each package bears the identifying case code "01-136P."

All of the ground beef products affected by the recall, which had been produced from the same source materials, were shipped into commerce prior to May 29, 2009. Each identifying case code is preceded by the date code "040809" through "052809," signifying the production date in "month/date/year" format (i.e. April 8, 2009 through May 28, 2009). Additionally, each of the affected products bears the establishment number "EST. 2866" inside the USDA mark of inspection.

Notably, FSIS has has confirmed that have not been any illnesses associated with the consumption of these products. FSIS also reminds consumers that thoroughly cooking raw beef products to an internal temperature of 160 degrees will destroy any pathogens that may be present, and will render the products safe.

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Following an increase in recalls triggered by a wide range of pathogens in a wider variety of foods, we’ve also witnessed a recent increase in reported Shigella cases (typically associated with improper hygiene and food handling). Thus, in addition to paying greater attention to the food we buy, it also appears we all need to start paying greater attention to how, exactly, we’re preparing it.

Indeed, in April, the Macon County Health Department reported that Shigella cases were on the rise, with nearly 70 cases reported already this year. According to the Illinois Department of Public Health, as many as 1,300 cases of Shigellosis are reported throughout the state annually. Because many mild cases go unreported, it is expected that at least 20 times more people are infected with the bacterium than are actually reported.

In turn, health officials from the Arkansas Department of Health recently confirmed similar trends, noting that more cases have been identified this year than every before.

And, now, Wisconsin, along with other states, is being added to the list. The Grant County Health Department, in Platteville, for example, is reminding individuals to follow good hygienic practices after a spike of about a dozen cases of Shigella-related illness were recently confirmed.

Shigella is a group of bacteria that can cause shigellosis, an acute bacterial infection of the lining of the intestines. Although easily avoidable, the illness can spread quickly as a result of inadequate hand washing or eating contaminated food. Symptoms include diarrhea, fever and stomach cramps. Mild bleach-water solutions or antibacterial wipes, however, can eliminate Shigella bacteria from food contact and other surfaces.

Individuals who have experienced diarrhea symptoms for more than two days should see a physician. Laboratory tests can be done to diagnose Shigella and, in some cases, antibiotics can be used to treat the condition.

Although no one enjoys reporting on food-borne illnesses, they do serve as a healthy (and constant) reminder that we all play an integral role in keeping our food safe.

Thus, whether you’re out on the town, attending a gathering or preparing a meal at home, keep yourself (and those around you) healthy by not only paying close attention to the foods you eat, but also how, exactly, those foods made it to the table.

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