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The FDA's Reportable Food Registry ("RFR") first went online in September 2009.

Since its inception, numerous questions have been asked regarding the specific circumstances under which a food company is required to inform the FDA about a potentially dangerous food product.

Generally speaking, under the RFR, any food company may have an obligation to inform the FDA – and file a report through the RFR website portal – if the company learns that it has manufactured, received or distributed a potentially implicated food product.

Because the FDA reporting requirements are only triggered under certain defined circumstances, however, a food company uncertain about its reporting obligations under the registry should consider contacting legal counsel to determine the extent and scope of any potential reporting requirements triggered by the FDA rules.

In their current form, the FDA rules extend to any company that is required to submit registration information to the FDA as a manufacturer, processor, packer, or distributor of food. In turn, the rules apply to any food product regulated by the FDA, with the exception of infant formula and dietary supplements which are covered by other regulatory requirements.

Under existing FDA rules, a food company is required to alert the FDA – through the RFR Portal – within 24 hours of becoming aware it has sold and shipped a "reportable food." In turn, a reportable food is defined generally as any food product that has a “reasonable probability” of causing health problems or death in humans or animals. As explained by the FDA, some examples of reasons a food may become reportable include bacterial contamination, allergen mislabeling or elevated levels of certain chemical components.

In turn, once a food company discovers a problem with a product it has received, manufactured or shipped, and submits a report through the RFR, it will be required to cooperate with the FDA to help determine the cause and contain any potentially affected products. In addition, responsible parties will be required to notify their relevant suppliers, distributors and customers of any potential food safety issues, be ready to submit further data and analysis to the FDA, and initiate their own investigation if the problem is thought to have originated internally.

Notably, however, in addition to other exceptions, the FDA’s reporting requirements apply only to products that have been shipped into commerce. For this reason, a food company is not required to report a problem to the FDA if it was the sole manufacturer of the food product, it discovered the problem internally before the food product was distributed, and it then corrected the problem or destroyed the implicated food.

For additional information on the registry and reporting requirements, please visit www.fda.gov/ReportableFoodRegistry.

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According to the FDA, Basic Food Flavors (of Las Vegas, Nevada) has announced a recall of hydrolyzed vegetable protein (HVP) paste and powder. HVP is a common ingredient used most frequently as a flavor enhancer in many processed foods, including soups, sauces, chilis, stews, hot dogs, gravies, seasoned snack foods, dips and dressings.

The recall of HVP was announced following the discovery of Salmonella Tennessee in certain product samples, along with other samples reportedly collected at the company’s processing facility. In turn, Basic Food Flavors announced a recall all HVP in powder and paste produced and distributed by the company since Sept. 17, 2009. Click on the following links to view a copy of the FDA News Release and FDA Recall Information.

Although, to date, there have been no reported illnesses associated with the consumption of any food products affected by the recall, the FDA and CDC report that they are currently assessing and closely monitoring the potential risks of illness from affected products.

The FDA is also advising industry that any recalled bulk HVP product should be destroyed or reconditioned according to FDA-approved procedures. Click on the following link for Product Handling And Reconditioning Information. Under the guidelines, FDA is allowing companies to recondition potentially affected HVP if thier processing contains protocols validated to inactivate Salmonella. 

Additionally, according to FDA, companies will not be required to recall any food products containing HVP if the products have validated cooking instructions which are sufficient to inactive Salmonella, FDA is recommending that any down-stream food companies that used HVP as an ingredient in food products which might be eaten by consumers without any further processing or cooking to address the potential risk, however, consider recalling such products. Under new FDA guidelines, certian companies may also have reporting obligations under the Reportable Food Registry.

In any event, additional information relating to potentially affected products can be found at www.foodsafety.gov.

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The FDA's Reportable Food Registry ("RFR") first became active in September 2009. 

In 2007, former President Bush signed into law the Food and Drug Administration Amendments Act (Public Law 110-85). The Act, which amended the Federal Food, Drug and Cosmetic Act by creating a new section 417 (21 U.S.C. 350f), required the Secretary of Health and Human Services to establish a mandatory reporting registry for potentially dangerous foods. The stated purpose of the amendment was to provide FDA with “a reliable mechanism to track patterns of adulteration in food.” Implementation of the new law, however, was delayed while the FDA worked on developing an effective electronic reporting system.

Now that the Reportable Food Registry (“RFR”) is up and running, a food company may be required to alert the FDA (through the RFR Portal) within 24 hours of becoming aware it has received, sold or shipped a "reportable food." According to the FDA, a reportable food is defined as any food product that has a “reasonable probability” of causing health problems or death in humans or animals. 

Because reporting is only required under specific circumstances, however, any company uncertian about its reporting duties should seek legal advice to determine the extent and scope of any reporting requirements under the RFR.

For additional information on the registry and reporting obligations, please visit www.fda.gov/ReportableFoodRegistry.

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According to the FDA, Johnny's Fine Foods (of Tacoma, Washington) has announced a precautionary and voluntary recall of various French Dip Powdered Au Jus Products distributed to retail outlets nationwide.

The products subject to the recall include: (1) French Dip Powdered Au Jus in 6oz bottles; and (2) French Dip Powdered Au Jus in 1.1oz foil packets.

The Johnny's French Dip Powdered Au Jus 6oz is packaged in a clear plastic bottle with a red, white and blue label. The expiration date for this product is 0332. The Johnny's French Dip Powdered Au Jus 1.1oz is packaged in a red, white and blue foil packet. The expiration date for this product is 02212. Both of these products had been distributed nationwide and are sold in retail stores. Click on the following link to view a copy of the FDA Recall Release.

The recalled products were made using hydrolyzed vegetable protein manufactured by Basic Food Flavors (located in Las Vegas, Nevada). Basic Food Flavors initiated a recall of the hydrolyzed vegetable protein following discovery of Salmonella contamination during testing. It is also important to note, despite the issuance of a precautionary recall, that to date there have been no reported illnesses associated with the consumption of these products.

According to the company, the recalled products should be discarded. Additionally, consumers with any questions may contact Johnny's Fine Foods at 1-800-962-1462, Monday through Friday (8am to 3pm Pacific Standard Time).

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According to the FDA, Wholesome Spice (of New York) has announced a recall of crushed red pepper because of a potential link to illnesses associated with an ongoing nationwide Salmonella Montevideo Outbreak. As of February 24, there had been as many as 238 individuals from 44 states infected with the outbreak strain.  Click on the following link to view a copy of the most recent CDC Outbreak Report.

Wholesome Spice manufactured and then distributed the crushed red pepper to Daniel International for use in the production of various sausage and salami products which had been previously recalled by Daniel. Click on the following link to view Previous Daniel Recall Updates.  According to reports, a broad investigation into the source of the contamination was ongoing, and FDA recently discovered that samples of Wholesome Spice crushed red pepper had tested positive for the outbreak strain. In response, Wholesome Spice immediately announced a recall of all potentially affected products.

The Wholproducts subject to the recall include all lots of 25 pound boxes of Crushed Red Pepper sold by Wholesome Spice between April 6, 2009 and January 20, 2010.

The Crushed Red Pepper was packaged in a clear plastic bag, which was then placed inside a cardboard box marked with an adhesive white label containing a blue border and blue and black lettering. The brand name on the product labels is WHOLESOME SPICES. The product name is listed as CRUSHED RED PEPPER. The 25 pound boxes of Crushed Red pepper were distributed throughout the Northeastern United States. The product was not sold at the retail level or directly to consumers. Click on the following link to view a copy of the FDA Wholesome Spice Recall Release.

In a separate news release posted on the Rhode Island Department of Health website, David R. Gifford, Rhode Island's health director, noted that the recall “confirms that the source of the Salmonella was from outside of Daniele's manufacturing plants." According to additional reports, Wholesome Spice is currently working closely with FDA to determine how the contamination occurred.

In any event, manufacturers who may have purchased any of the recalled products are being urged not to use the products, and to recall any other products which may have used red pepper as an ingredient. Manufacturers with questions may contact Wholesome Spice via telephone at (718) 388-1549, Monday to Friday between 8:30-4:30pm EST.

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Shortly after the 1993 Jack in the Box outbreak, the Food Safety Inspection Service (“FSIS”) issued a policy statement declaring E. coli O157:H7 to be an adulterant in ground beef. Since this announcement, and as things currently stand, no other non-O157 Shiga toxin producing E. coli (“non-O157 STECs”) are considered adulterants in whole-intact and non-intact beef products.

In October 2009, however, Bill Marler (a national plaintiffs’ food lawyer) petitioned FSIS to issue an interpretive rule declaring all enterohemorrhagic (EHEC) Shiga toxin-producing serotypes of E. coli, including all non-O157 serotypes, to be adulterants in ground beef within the meaning of the Federal Meat Inspection Act. Click on the following link to view a copy of the Marler Clark Non-O157 STEC Petition.

According to Marler, there have been numerous food-borne illness outbreaks involving non-O157 STECs over the last 20 years which, in his view, justify a change in current FSIS policy. Despite the underlying implication that non-O157 STECs are and will continue to be a growing national problem, however, very few reported outbreaks have been associated with these pathogens in the United States.

Even FSIS agrees that outbreaks may be rare. At its 2007 non-O157 STEC Policy Meeting, FSIS noted that there have been only 13 outbreaks since 1990 associated with non-O157 STECs in the United States. Notably, of the 13 outbreaks that were reported, many were attributable to fresh produce, and none were associated with ground beef. Additionally, in 2005, CDC reported that there had been only 501 confirmed cases nationwide.  While these low numbers may ultimately be explained in part by limited testing, it may also be premature to conclude outright that non-O157 STECs are so predominant as to justify an overhaul of the current FSIS approach to pathogen testing and regulation.

FSIS agrees that available data is sparse and may not support a change at this point in FSIS policy. In its recent response to the pending petition, FSIS confirmed that “the agency cannot reach a decision about the substance of the petition until it has developed additional laboratory capacity to detect and isolate various non-O157 STEC groups.” Click on the following link to view the FSIS Response to Marler Clark Petition.

Although FSIS plans to conduct additional research in this area, the agency concedes that, given the current limits of available data, it cannot effectively identify or even address the potential issues with these organisms. And, although additional research will eventually be completed, it remains to be seen whether the resulting findings will ultimately support the conclusion that non-O157 STECs are and should be treated as a significant and wide-spread public health concern in the United States.

In any event, based upon FSIS’ response, it does not appear that the agency will be taking any action on the petition soon. Thus, at least in the short-term, we will likely be left watching - with interest - as numerous scientists and public health officials continue to chew on this issue.

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In a recent speech, USDA Deputy Under Secretary for Food Safety Jerold Mande outlined various areas of research he believes will help improve food safety.

During his remarks, Mande noted that he would like to push for more rapid and effective testing. "We need better sampling methods, along with tests that more rapidly detect a broader range of harmful pathogens," he said. "We also need stronger assurance that laboratories used by companies have the expertise and experience to do effective food safety testing."

In addition, Mande stated that FSIS inspectors should be given more sensitive and effective ways to detect food-borne hazards. Here too, Mande opined that the agency “needs to do a better job equipping our inspectors with the means to not let harmful pathogens slip by as we stand watch."

Next, Mande called for additional research to better identify what he referred to as “those unidentified pathogens” which could potentially be responsible for a majority of food-borne illnesses in the United States. According to the CDC, as many as 80 percent of illnesses, 70 percent of hospitalizations and 65 percent of deaths could be caused by agents other than the 30 pathogens CDC currently tracks.

Finally, Mande also suggested, and rightfully so, that additional research was needed to give farmers and ranchers better tools in order to fight food-borne pathogens. "To take the next big step forward on food safety we need to do more to have fewer pathogens on food animals when they arrive at the slaughterhouse gate," he concluded.

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Although most people believe that the decision to develop and utilize ground-breaking food safety technology rests exclusively in the hands of industry, this view is often mistaken.

Rather, the use of most new interventions that could immediately increase the safety of our food depends, not upon industry, but upon the approval of the federal government. And, when federal officials refuse or fail to act, both industry and consumers can suffer.

In 2004, the American Meat Institute (AMI) submitted a petition to FSIS to approve the use of carcass e-beam irradiation technology in meat plants. AMI requested that the petition be granted so that low levels of irradiation could be applied to the surface of chilled beef carcasses as a food safety processing aid. The use of such technology has proven to be an effective measure in reducing the presence of pathogens in raw meat products.

And yet, despite the obvious food safety advantages, the agency has for five years refused to approve use of the technology. To the surprise of many, agency officials announced in a recent meeting with the North American Meat Processors Association (NAMP) that no decision would be forthcoming soon.

Presumably, the reason carcass irradiation is an issue with FSIS is because AMI requested that it be approved as a “processing aid.” If the request was granted, processors would be allowed to use the technology without having to place special labels on meat processed with the intervention. Without specifying what, exactly, it was referring to, however, the FSIS stated simply that, “because of other recent events, processing aids in general are under greater scrutiny right now."

Although all of this may be true, with an increasing ability to detect food-borne illnesses and outbreaks nationally, the overall safety of food is under greater scrutiny as well.

In any event, carcass irradiation has often been cited by the meat industry as viable way forward in the fight against E. coli O157:H7 in ground beef. Keeping the word "irradiation" off labels, or even changing its description to something like "pasteurization," have been suggested as ways to increase public acceptance. This is because, previously, the use of low levels of irradiation to treat finished ground beef products fell flat, in large part, because the USDA required the use of a radura symbol on ground beef labels which simply scared the public away.

Frustrated by the lack of progress on its long-standing request, the AMI recently sent a letter to FSIS officials urging them to take action on the outstanding petition. FSIS then responded by saying the issue was being held up because it was waiting for the AMI to answer some of its queries on the petition. AMI, however, reported that it had never received any questions or concerns from the agency.

The controversy intensified last week when, as noted, FSIS informed NAMP of its intent not to grant the petition. When FSIS was asked to provide additional details regarding the continuing delay, it again stated that “AMI [still] needs to provide answers to [FSIS’] questions in order for FSIS to be able to act further on the petition.” Once again, however, the meat association denied being contacted by the FSIS, stating it had “received no formal response to [the] petition, including any questions or concerns that FSIS may have”.

AMI executive vice president James Hodges stated further that there was no reason to continue delaying evaluation of the matter. “AMI has submitted all information needed for FSIS to . . . publish a proposed rule regarding treating carcass surface irradiation as a processing aid”, he said. “Questions or issues about the technology [can be] best addressed through the rulemaking process that will be required to establish the parameters regarding applying this proven food safety technology. We look forward to a favourable response from FSIS.”

Having defended well-intentioned food companies for nearly ten years, and having witnessed the onslaught industry has received recently from media and congress for “failing to do more,” I am perplexed at the lack of urgency displayed by the agency. Perhaps this is yet another example of how government, rather than solving our problems, can often make them worse.

Thus, we too urge FSIS to take action on AMI’s proposal. If we truly want to advance food safety, we should start by convincing our government to advance those technologies that make it possible.

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Given recent improvements in national food-borne illness outbreak surveillance, more food-borne illnesses are being identified, and more outbreaks are being reported.

By extension, many of these outbreaks are being associated with an increasing number of foods, and more companies are – either directly or indirectly – being affected.

For nearly a decade, we have been defending food companies across the country in high-profile outbreak litigation (involving meritorious and non-meritorious allegations). During this period, we have also learned first-hand that when outbreaks do occur, not all investigations are performed properly, and not all resulting claims have merit.

Because of limited resources and other reasons, many outbreak investigations are still unable to identify the real culprit, and some continue to identify the wrong source. Unfortunately, in these and other cases,  many claimants (and their attorneys) continue to sue the wrong party.

Thus, when a food company is faced with an outbreak, it is critical to obtain experienced counsel counsel: (1) who understand how food-borne illnesses are tracked, investigated and confirmed; (2) who can help challenge developing assumptions and conclusions regarding potential source; (3) who can effectively respond to regulators and media during an outbreak and recall; and (4) who know how to properly defend food-borne illness claims and lawsuits when they do, indeed, occur. Over the last 10 years, our firm has written the doctrine on Defending Food-Borne Illness Outbreaks And Claims.

Although we enjoy one of the most plentiful, affordable and safest food supplies in the world, we also live in one of the most litigious societies. Thus, despite the fact that food-borne pathogens are (and likely always will be) an inherent part of our food supply, and despite the fact that individual risk can be greatly reduced through responsible consumer behavior, many individuals will continue to be affected by food-borne illness and, unfortunately, regardless of source or cause, many will continue to sue.

In recognition of your incredible efforts to provide safe and plentiful food to our families, we are proud, when lawsuits are threatened, to protect and defend yours.

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Dr. Elisabeth Hagen has been selected to become the USDA’s newest Under Secretary for Food Safety. If confirmed, Hagen will serve with Agriculture Secretary Tom Vilsack.

"There is no more fundamental function of government than protecting consumers from harm, which is why food safety is one of USDA's top priorities," said Vilsack. " Dr. Hagen brings the background, skills, and vision to lead USDA's efforts to make sure that Americans have access to a safe and healthy food supply."

The Food Safety mission of USDA includes the Food Safety and Inspection Service (FSIS), which is the public health agency in the USDA responsible for ensuring that the nation's commercial supply of meat, poultry, and egg products is safe, wholesome, and correctly labeled and packaged.

Dr. Elisabeth Hagen currently serves as the USDA's Chief Medical Officer, serving as an advisor to USDA mission areas on a wide range of human health issues. Prior to her current post, she was a senior executive at FSIS, where she played a key role in developing and executing the agency's scientific and public health agendas. She has been instrumental in building relationships and fostering coordination with food safety and public health partners at the federal, state, and local level.

Before joining the federal government in 2006, Hagen taught and practiced medicine in both the private and academic sectors, most recently in Washington, DC. She holds an M.D. from Harvard Medical School, and a B.S. from Saint Joseph's University. Dr. Hagen completed her specialty medical training at the University of Texas Southwestern and the University of Pennsylvania, and is board certified in infectious disease. She is married and lives with her husband and two young children in Northern Virginia.

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According to the USDA, Daniele International (with operations in Pascoag and Mapleville, Rhode Island) has announced a voluntary and precautionary recall of approximately 1,200,000 pounds of sausage products which had been distributed nationwide.

The recall was announced as a precautionary matter, during the course of an ongoing CDC investigation into the source of a Salmonella Montevideo outbreak which has sickened hundreds in over 40 states.

Based upon analysis of preliminary epidemiological data, the CDC and FSIS believed there was a possible association between limited numbers of these illnesses and the consumption of certain sausage products. Some illnesses, however, showed no connection to Daniels or the products it processed. Nevertheless, although the investigation is ongoing, the CDC has posted information about the multi-state outbreak on its website. Click on the following link to view the most recent CDC Outbreak Report.

Because of speculation that the potential source of the salmonella in sausage products may be linked to contaminated pepper, the company elected to recall all products which may be potentially affected. Click on the following link to view the FSIS Recall Release. As the investigation continues, Daniels is working closely with state and federal agencies to help determine the most likely source.

JANUARY 31, 2010 UPDATE:

As the investigation continues into the source of the national Salmonella Montevideo outbreak, Daniels has announced an expansion of its original January 23, 2010 recall. The expanded recall, involving approximately an additional 17,000 pounds of sausage products, was announced after the finding of Salmonella in certain samples of sausage not included in the original recall. Click on the following link to view the January 31, 2010 FSIS Recall Release.

FEBRUARY 4, 2010 UPDATE:

As the investigation continues into the source of the national Salmonella Montevideo outbreak, Daniels announced a second expansion of its ongoing recall. The expanded recall, involving approximately an additional 23,000 pounds of sausage products. Click on the following link to view the February 4, 2010 FSIS Recall Update. FSIS has also published a list of all the retail locations to which these products were distributed and sold. Click on the following link to view the FSIS Retail List.

FEBRUARY 16, 2010 UPDATE:

The FSIS has announced another expansion of the recall originally issued on January 23, 2010.  The expanded recall was triggered after a finding by FSIS of salmonella in an unopened salami product, and involves an additional 115,000 pounds of products.  Click on the following link to view a copy of the FSIS Expanded Recall Release. 

According to the CDC, the outbreak currently involves over 230 people from 44 states. Ove these, approximately 44 people have been hospitalized, and no deaths have been reported. As noted above, however, some individuals have reported no exposure to Daniels or any of its products. For this reason, the CDC, FSIS, countless state and local health officials, as well as Daniels representatives, are continuing to work tirelessly to determine the most likely original source of the contamination. Click on the following link to view the most recent CDC Outbreak Report.

We, of course, wish them luck in their continuing endeavors.

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When I recently stood in for Mike Taylor as Keynote Speaker at the National Center for Food Safety and Technology annual meeting, I had no idea he would soon become the new Deputy Commissioner for Foods. The FDA created the new position, along with the Office of Foods, in August 2009.

As Deputy Commissioner for Foods, Taylor will help the FDA develop and implement a prevention-based strategy for food safety, plan implementation of new food safety legislation, and help ensure that food labels contain clear and accurate information on nutrition.

Taylor began his career as a staff attorney at FDA, holding various positions including deputy commissioner for policy. Taylor later served as administrator of the Food Safety and Inspection Service and acting under secretary for food safety at USDA. During his tenure, he initiated many reforms, including the development of comprehensive HACCP rules for meat and poultry processors and, through a policy statement, declaring E. coli O157:H7 an adulterant in ground beef.

Prior to becoming a senior FDA advisor in 2009, he served as a research professor at the School of Public Health and Health Services at George Washington University.

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According to the USDA, Huntington Meat Packing (of Montebello, California) has announced a voluntary and precautionary recall of approximately 864,000 pounds of ground beef products.

The following products, produced between February 19, 2008 and May 15, 2008, and January 5, 2010 and January 15, 2010, are subject to the recall:

• 40 lb. boxes of "Huntington Meats Ground Beef"
• 40 lb. boxes of "HUNTINGTON MEAT PKG. INC. BEEF GROUND FOR FURTHER PROCESSING"
• 40 lb. boxes of "BEEF BURRITO FILLING MIX"
• 10 lb. boxes of "IMPERIAL MEAT CO. GROUND BEEF PATTY"
• 20 lb. boxes of "IMPERIAL MEAT CO. GROUND BEEF PATTY"
• 10 lb. boxes of "El Rancho MEAT & PROVISION ALL BEEF PATTIES"

Each box bears the establishment number "EST. 17967" inside the USDA mark of inspection on the label. The products were shipped to distribution centers, restaurants, and hotels within the State of California. Click on the following link to view the FSIS Recall Release.

The problem was discovered during a Food Safety Assessment (FSA) by FSIS personnel. During a review of the establishment's records, FSIS determined that these products could potentially be contaminated with E. coli O157:H7. While these products are normally used fresh, the establishment announced a broader recall because of the possibility that some products could still be frozen and in commerce. Media and consumer questions regarding the recall should be directed to the company owner, Robert Glenn, at (888) 894-8242.

To date, there have been no reported 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.

FEBRUARY 12, 2010 UPDATE:

Based upon the results of an ongoing FSIS Food Safety Investigation, the agency has announced that the recall originally announced on January 18, 2010 has been expanded to include approximately 4.9 millions pounds of beef and veal products produced at the plant between January 22, 2009 and January 4, 2010.  Click on the following link to view the FSIS Expanded Recall Release.

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According to the FDA, Parkers Farm, Inc. (of Coon Rapids, Minnesota) has announced an expanded recall of various peanut butter, cheese and salsa and other products, to include all date codes, because they have the potential to be contaminated with listeria monocytogenes.

The recall, originally announced January 8, 2010, affected product with sell by dates of specific ranges. The expanded recall now includes all products and all sell by dates.

The recalled products were distributed nationwide in the following retail stores: Hy-Vee, Cub, Rainbow, Byerlys, Lunds, Target, Whole Foods, Jewel, Dominicks, Marsh, Price Chopper, Shop Rite, Nash Finch, Sams Club, Costco, Safeway, Kroger, Wal-Mart, Aldi. Click on the following link to view the FDA Recall Release and list of affected products.

The recall was a result of a sampling done by the state of Wisconsin and the state of Minnesota which revealed that some finished products contained the bacteria. The state of Minnesota, FDA, and the company continue their investigation into what, exactly, caused this potential problem.

It is also important to note that, to date, no illnesses have been reported in connection with the consumption of these products. Nevertheless, the company is urging consumers who may have purchased these products to return them to the place of purchase. Consumers with questions can also contact the company at (800) 869-6685.

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The USDA's Agricultural Research Service (“ARS”) has announced that its scientists have developed two vaccines that might reduce the spread of E. coli O157:H7 in cattle.

"Preventing E. coli O157:H7 from proliferating inside cattle helps limit contamination of meat at the packinghouse, and reduces shedding of the microbe," ARS said in a statement. "Manure-borne E. coli can sometimes be moved by rainfall into drinking water. What's more, in some instances, it can end up in irrigation water, and can potentially contaminate fruits, vegetables and other crops, increasing risk of an outbreak of food-borne illness."

The first form of the vaccine is comprised of cells of a strain of E. coli O157:H7 that lacks a gene called hha. A second form of the vaccine contains an E. coli strain that lacks both hha and a second gene, sepB. In each of the vaccines the E. coli strain produces immunogenic proteins, which trigger an immune system response that prevents E. coli O157:H7 from successfully colonizing in cattle intestines.

In preliminary tests, 3-month-old Holstein calves were immunized with a placebo or either form of the vaccine. Six weeks later, the animals received a dose of E. coli O157:H7 and for the next 18 days, their manure was tested for evidence of the microbe. Calves that received either vaccine had reduced or non-detectable levels of E. coli within only a few days after being inoculated with the bacteria.

Research microbiologists Vijay K. Sharma and Thomas A. Casey developed the vaccines in their laboratories at the agency's National Animal Disease Center in Ames, Iowa.

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By Guest Blogger Cathy Crawford

The proposed regulations which are part of the Food Safety Modernization Act include provisions for mandatory recalls. While in rare cases, such provisions could potentially be helpful where a company is reluctant to conduct a recall, the vast majority of recalls are not only voluntary and effective, but often go above and beyond what may soon be defined as “requirements.”

Consider, for instance, the recent recall of various canned Slim-Fast products. Unilever should be commended for its voluntary and precautionary actions. In this regard, it is critical to note that there were no illnesses associated with the consumption of these products. Rather, a potential food safety issue was identified internally by the company and then immediately reported. Thus, this is not a case that demonstrates the importance of, or need for, additional government oversight. Rather, this was a responsible company which, on its own accord, accepted the need to react, and did react, proactively to address possible food safety concerns.

Next, and even more important, is the size of the recall. Large recalls sometimes lead the media and consumers to believe that our great American food supply is unsafe. This recall, however, demonstrates just the opposite. For Unilever, it was likely that the exact cause of the potential problem was not immediately understood. Nevertheless, all of the potentially affected products involved in the recall were simply assumed by the company to be possibly – not factually – contaminated. In truth, there may have been one contaminated container, none, or many. Because the company wanted to react quickly, however, it initiated a very expansive recall, hoping the public would respect its actions, rather than judging it for having produced a suspect product.

Often, the behind the scenes, certain data driving the scope and limits of a recall are not fully available to the public. In turn, what consumers see or believe is only that a company released a food product later subject to a recall, and then had to have it returned so it could be safely discarded. What is rarely explained is that most of the food involved in any recall is completely safe. Because it can’t quickly be "proven" to be either safe or unsafe, however, it is voluntarily recalled, in an abundance of caution, to remove all potential risk.

If, or more likely when, recalls become “mandatory,” most companies will of course strive to comply with those requirements imposed by the relevant federal agencies. In doing so, however, some companies may become dependent upon federal regulators to define the scope of a recall, and thus overlook the opportunity to do more than what is being strictly required. Thus, although we may see routine compliance, we may also witness a potential loss in some of the extraordinary efforts taken by companies when they themselves voluntarily define the scope of a recall and go the extra mile in the name of public confidence and food safety.

Thus, in my view, additional and pointed regulatory power in such circumstances may not be the best answer. Instead, a coordinated effort to increase and enhance industry education may be a better long term solution. Imagine, for instance, the difference of having careful drivers in a school zone where the community uses education and training to instill an authentic sense of care about driving near schools. Compare this to a place where the time allotted for drivers’ education courses has been reduced, but drivers are expected to travel at 25 mph only because it is mandatory. In the end, which environment is safer? In which case are drivers likely to push the limit farther, and drive a bit faster, when no one is looking?

I would rather see additional resources diverted to increased awarness and training than simply trying to legislate a quick solution to a perceived problem by empowering and then expecting regulators to both define and then require “mandatory recalls.” Remember the drivers’ educational videos that may have scared you and convinced you of the power in your hands when at the wheel? Perhaps something similar, along with increased annual Hazard Analysis and Critical Control Point (“HACCP”) and food safety training, would do more for our system than additional legislation.

The food safety systems in many companies include HACCP protocols as well as systems in compliance with globally accepted food safety standards such as the Safe Quality Foods (SQF) or the British Retail Consortium (BRC). There are times when these systems might fail to identify or prevent a hazard. In these cases, however, responsible companies most often act proactively and quickly to implement corrective actions. Those actions include protecting the public, finding the cause of the problem, eliminating that cause, and updating internal systems to ensure any changes are effective. These things don’t happen without training. No legislation can replace that.

Nevertheless, a mandatory recall provision will likely pass. Without robust and effective food safety training at all stages in the food chain, however, this by itself will not likely diminish the need for recalls, nor will future recalls become any more efficient or effective.

* Cathy Crawford serves as a consultant with the HACCP Consulting Group (HCG), based in Fairfax, VA, just outside of Washington, DC.

HCG provides food safety consulting services to the food industry. Founded in 1994, HCG offers food safety training and assistance to both the FSIS and FDA regulated food industry as well as in over 35 countries that export meat and/or poultry to the U.S. Five of HCG’s 10 partners are former FSIS officials with the others from the food industry and state inspection programs. We have basic and advanced HACCP training courses accredited by the International HACCP Alliance in College Station, TX. HCG also provides Serve Safe training to the restaurant industry and has provided food safety training at a well know Culinary Institute. For more information about HCG please visit HCG’s web site at www.haccpcg.com.

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The USDA’s Food Safety and Inspection Service (“FSIS”) has announced the creation of a new help-desk, providing operators of small meat, poultry and egg processing establishments with access to knowledgeable specialists who can help them understand USDA directives, regulations and other information. The help-desk also will provide direct assistance to state and local food regulatory agencies.

"The FSIS is committed to providing assistance to businesses of all sizes that provide American consumers with access to a safe and healthy food supply," said Deputy Under Secretary for Food Safety Jerold R. Mande. "The small plant help-desk will help the development of small, local producers by offering a one-stop shop for questions about how to make sure their meat, poultry and processed egg products are safe, wholesome and properly labeled."

The new help-desk will support USDA's "Know Your Farmer, Know Your Food" initiative by helping small processors to reduce the time and expense of dealing with agency requirements. "Know Your Farmer, Know Your Food" is designed to continue the national conversation about developing local and regional food systems and finding ways to support small and mid-sized producers. It emphasizes the need for a fundamental and critical reconnection between producers and consumers, building on the 2008 Farm Bill, which provides additional flexibility for USDA programs to promote local foods. More information on the "Know Your Farmer, Know Your Food" initiative can be found at: www.usda.gov/knowyourfarmer.

The FSIS small plant help-desk will serve as a "one-stop shop" for plant owners and operators with questions. More than 90% of the 6,000 plants inspected by FSIS are small or very small. FSIS staff will assess callers' requests and provide information and guidance materials that best meet their needs. In situations where the answer is not readily available, the staff will research the issue and follow-up with the caller. As appropriate, the help-desk will provide a portal to other services, such as AskFSIS, FSIS' existing service offering agency responses to inquiries on agency policy.

Inquiries can be made to the small plant help-desk by toll-free telephone or by email. The help-desk is open from 8:00 a.m. - 4:00 p.m. EST, Monday through Friday, excluding Federal holidays. To speak to a staff specialist during this time, call 1-877-FSISHelp (1-877-374-7435). You may also contact the help-desk by email at InfoSource@fsis.usda.gov.

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According to the FDA, Bao Ding Seafood of New York has issued a voluntary and precautionary recall of Boiled Horse Mackerel products because they have the potential to be contaminated with clostridium botulinum.

The processed products subject to the recall include Boiled Horse Mackerel packaged in a vacuum packed plastic bag, net weight 450g. The products were sold throughout New York State, and consumers should not use the product even if it does not look or smell spoiled. Click on the following link to view the FDA Recall Release.

The potential problem was discovered during a routine inspection and subsequent analysis of product by food lab personnel, which confirmed that certian fish had not been properly eviscerated prior to processing. To date, no illnesses have been reported in connection with the consumption of these products. Nevertheless, consumers who may have bought the recalled products are being advised to return them to the place of purchase.

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2009 was a wonderful year for us at Defending Food Safety. From the launch of the blog only months ago, to speaking engagements in China, Mexico and coast to coast across the United States, we are lucky to have had the opportunity to meet and speak with so many about food-safety.

The coming year looks to see a lot of changes to the industry, both politically and regulatory. The outbreaks over the past year have thrust food-safety to the front of the national conscience and, with that attention, even the best, safest and most admirable companies will continue to be faced with new and emerging challenges.

The reality we face is that food is not sterile. We live, from a microbiological standpoint, in a dynamic world that is full of unseen and unforeseen dangers. The important thing is that we are prepared for contingencies and unfortunate events.

Having defended food companies for more than a decade—since the last century, in fact—we understand better than anyone the stress and hard work which goes into producing the food our families eat. That is why we are so proud to stand beside you in your times of need.

In addition to the broad range of litigation services we have historically offered, we are also now providing direct consulting to food companies across the nation who ask us to assess their food-safety protocols, to provide the tools and knowledge to improve them, and to minimize their exposure in the unlikely event of an outbreak.

We have also broadened our outbreak management capabilities to handle all aspects of crisis management. In the event of an outbreak, we will stand shoulder to shoulder with you, guiding you through the maze of your dealings with government regulators, the media, and the public. Our firm provides a wealth of expertise and experience that is unrivaled by any other in the nation. In your most difficult and trying times, we alone are suited to guide you smoothly and safely through the storms you may face.

We look forward to continuing our relationship with you over the course of the next year and beyond. We are also very grateful to those who have made 2009 a great year. We wish nothing but the very best to each of you and your families.

Again, as always, thank you for a job well done.

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In the past few years, the popularity of free-range poultry, pork and beef has increased dramatically.

It has been argued that, in addition to being a healthier and more humane way to raise animals, free-range food is better for consumers. And, although free-range foods tend to be significantly more expensive, consumers may not be getting what they bargained for.

One common justification for the increased cost is that free range food is healthier. A recent study published in the Journal of Foodborne Pathogens and Disease, however, found that levels of Salmonella, toxoplasma and even trichinosis were higher in free-range animals. This is likely because free-range animals are often exposed to a broader spectrum of environmental hazards than their counterparts, including a wider-variety of other animals, multiple water sources, diverse soils and even pathogens.

And, even setting health aside, many people insist that free-range animals taste better. Here too, however, studies have shown that in reality this might not be true. Research suggests that the increased price and altered perception of what is being consumed merely make people “think” that free-range necessarily equates to better quality (when, in many cases it does not). I am certain that, someday in the future, when we find ourselves eating meat produced in a test tube, there will undoubtedly be those who insist that meat coming from a living animal tastes far better, regardless of any actual differences. Food for thought, I guess.

In any event, the real issue at the “heart” of the matter may be the treatment of animals. Those who argue in favor of free-range farming do so, in most cases, because they believe the oft-publicized (and often incorrect) allegations of inhumane treatment of animals on large farms to be unacceptable. Although such arguments are noble, the fact remains that most animals for which we depend upon our survival are raised quite humanely, and free of pain and suffering.

In addition, few people know that there are currently no practical definitions or enforceable standards which dictate what it actually means to be “free-range.” In this regard, it is currently possible for an animal to characterized as “free-range” without ever having been outside. Simply allowing an animal access to the outdoors, even if for only five minutes a day, qualifies. Thus, the only way to really know how a particular producer raises its animals is to ask.

So, when you think about the health, taste and nobility of your next purchase, remember that, in many ways, free-range may not be so free.

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It’s been less than 12 months since we launched www.defendingfoodsafety.com. And, 2009 was, without question, a very interesting and dynamic year.

During the past year, we reported extensively on the PCA recall and fallout, analyzed pending legislation and regulatory initiatives, followed with interest the swine (or, H1N1) flu, tracked numerous emerging outbreaks and recalls, and introduced our readers to many fascinating food safety technological breakthroughs. Since entering the blogosphere, we have logged over 75,000 visitors, and we continue to attract more.

It’s been a great year, and we are thankful to everyone who continues to visit. And, before diving into 2010, here’s a quick survey of (only) some of the best from 2009:

1. The US Is Not Alone. No Matter Where You Live, Reports Of Food-Borne Illness Outbreaks Are Likely To Increase
2. Advance Series On Managing Food-borne Illness Outbreaks And Claims
3. Uncovering The Truth - Some Food-Borne Illness Claims Lack All Merit
4. From Drywall to Dry Foods - The Ominous Threat Posed By China
5. Do Some Consumers Really Relish Recalled Products?
6. 328.5 Billion Safe Meals (Not Including Snacks)
7. In Defense of the Rule of Law: Peanut Recall
8. Fast Food Saves Lives In Fruitland
9. Food Safety At 35,000 Feet
10. Not A Good Week For Pigs

Again, it’s been a great year for all of us at defending food safety. We, of course, wish you the same for 2010.

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According to the USDA, National Steak and Poultry announced a voluntary a precautionary recall of approximately 248,000 pounds of beef products.

Based upon preliminary epidemiological data, the CDC and FSIS believed there was a possible association between limited numbers of E. coli O157:H7 illnesses and the consumption of certain steak products. Many illnesses, however, showed no connection to National Steak or the beef products it processed.

Nevertheless, in an abundance of caution, the company announced a precautionary recall of certain products. Click on the following link to view a copy of the FSIS Recall Release. The investigation is continuing, and the original source of the contamination has yet to be determined.

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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To our Readers:

It is our privilege to work with people who strive each day to create safe and wholesome food for our community.

We wish to thank them for all they do, and also to thank you for your continuing interest in the news and commentary posted here.

May you all have a safe Holiday Season.

All the best,

Ralph Weber & Shawn Stevens

     

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According to the FDA, Willamette Shelling has announced a recall of 114,350 pounds of shelled hazelnuts. To date, additional companies affected by the recall include Willamette Filbert Growers, Kunze Farms, and numerous other distributors and grocers nationwide.

The Willamette Shelling hazelnuts subject to the recall were shelled at a facility (located in Newberg, Oregon) for distribution to numerous down-stream hazelnut processors. Specifically, shelled hazelnuts distributed by the company were sent to various Oregon processors, along with a Canadian processor, and then further distributed by those firms.

All products subject to the initial Willamette Shelling recall were packed in 25 and 50 pound corrugated boxes, and marked with lot code numbers 296091A, 299091A, 300091A, VH3696BO, and 310091A. The corrugated boxes were also marked with the following brand names: Kunze Farms, Evonuk Oregon Hazelnuts, Canadian Hazelnuts, and Firestone Farms. It is important to note, however, that Willamette Shelling unshelled hazelnuts are not affected by this recall. Click on the following link to view a copy of the FDA Recall Releas (Willamette Shelling).

Willamette Shelling announced the recall immediately after learning that routine, random sampling confirmed positive for Salmonella in one of its hazelnut production lots. In turn, in an abundance of caution, and to ensure consumer safety, the company elected to voluntarily recall all shelled hazelnuts processed at its facility between October 12, 2009 and November 25, 2009. Thus, any hazelnut processors who used potentially recalled product are urged to return the product directly to Willamette Shelling.

As noted, the additional following downstream companies affected by the recall included Willamette Filbert Growers (of Newberg, Oregon), Kunze Farms (of Dayton, Oregon), and additional distributors and grocers located in Colorado:

• Contemporaneous with the announcement of the original recall, Willamette Filbert Growers announced its own recall of 29,861 pounds of potentially affected Shelled Hazelnuts and Shelled Organic Hazelnuts. The Willamette Filbert products subject to the recall were packed in 25 pound corrugated boxes, labeled with “Willamette Filbert Growers” or “Meridian Organic Hazelnuts,” and lot code numbers 289091A and 311091A. The hazelnuts were distributed in Oregon and California through wholesale distributors and for direct delivery. Here too, unshelled hazelnuts are not subject to the recall. Click on the following link to view a copy of the FDA Recall Release (Willamette Filbert).

Any customers who may have purchased Willamette Filbert Shelled Hazelnuts or Meridian Organic Hazelnuts are being urged by the company to return the product to the place of purchase for a full refund. Consumers with questions may contact Ben Mitchell at (503) 538-9256.

• Following the original recall announcement by Willamette, Kunze Farms also announced its own recall of 32,950 pounds of potentially affected hazelnut kernels. The Kunze Farms product was packed in 25 pound cartons, under the product brand name of Kunze Farms, ‘Select Shelled Hazelnuts’ Dayton, Oregon, with the code numbers 289091A or 299091A. The hazelnut kernels were distributed to several different processors and wholesaler’s in the following areas: Dayton, Oregon; Milton-Freewater, Oregon; Hauppauge, New York; Mesa, Arizona; Cottonwood, Arizona; Seattle, Washington; Ogden, Utah; San Antonio, Texas.; and Parker, Colorado. Click on the following link to view a copy of the FDA Recall Release (Kunze Farms).

In turn, consumers who may have purchased Kunze hazelnuts affected by the recall are being urged by the company to return the products to the place of purchase for a full refund. Consumers with questions may contact Kurt Kunze at (503) 864-2102.

The Colorado Department of Public Health has also identified additional companies that have been affected by the recall. Click on the following link to view the CDPH Hazelnut Recall Notice.

In Colorado, the recalled hazelnuts were sold by Mountain Man Nuts and Fruits Co. via the Internet, to numerous stores and sales distributors. Additionally, the product was distributed in Colorado to a variety of retail firms for bulk sale, including Whole Food Markets, Ft. Collins Food Co-op, Mountain Mama Natural Foods in Colorado Springs, and Healthy Solutions, in Denver.

All firms receiving recalled product have reportedly been notified, and the product is being pulled from shelves. Currently, the following additional products and lot codes are being recalled:

• Filberts, 289091A, 299091A;

• Natural Mixed Nuts, 32009, 33809;

• Fancy Mixed Nuts, 8- and 16-oz. bags, 30909, 31309, 31709, 32009, 32309, 32909, 33509, 33709 34209, 34309, 34809, 34909 35009;

• Choice Mixed Nuts, 16-oz. bags, 31309, 32709, 33609, 34909;

• Dry Roast Mixed Nuts,16-oz. bags, 30909;

• Sweet Simplicity™ Trail Mix, 32909;

• Mountain Jubilee® Trail Mix, 8- and 16-oz. bags, 31309, 32409, 33709, 34909;

• Cinnamon Almond Appleanche™ Trail Mix, 31009;

• Fancy Mixed Nut Gift Packs, 1.75 lb., all product, except 35009; and

• Fancy Mixed Nut Gift Packs, 1 lb., all product, except 35009.

According to the CDPH, products with these lot codes may also have been used as a component in certian gift baskets, including the 12 Tastes Basket, Bounty Basket and Half-Pound Sample Baskets. Moreover, given the potentially wide distribution of recalled product, additional recalls will likely be announced.

DECEMBER 23, 2009 UPDATE:

In addition to the specific recalls identified above, additional downstream companies have announced or expanded recalls of potentially affected products.  These include the following:

• Evonuk Oregon Hazelnuts:  View the FDA Recall Release.

• Harry and David:  View the FDA Recall Release.

• Whole Foods Market®:  View the FDA Recall Release.

• Burnt Ridge Orchards: View the FDA Recall Release.

• Market of Choice:  View the FDA Recall Release.

• Mountain Man Nut & Fruit Co.®:  View the FDA Recall Release.

Finally, it is important to note that, to date, there have been no reports of illnesses associated with the consumption of these products. Nevertheless, Willamette has ceased production and is working closely with FDA to investigate the issue, and will resume production and shipment  when any potential concerns have been resolved.

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Today, more than 15 percent of the food consumed in the United States is imported from foreign shores.  In turn, more and more cosumers are begining to question what is, and what isn't, being done to ensure the safety of foreign food product imports. 

In response, the Department of Homeland Security ("DHS") recently announced the creation of a new group, called the Import Safety Commercial Targeting and Analysis Center ("CTAC"), designed to enhance federal efforts to ensure the safety of imported foods.

Recommended by President Obama’s Food Safety Working Group, the new center will be staffed with about 30 members, will operate under the direction of Customs and Border Protection ("CBP"), and will receive direct assistance from numerous additional governmental agencies, including the FDA, EPA and CPSC. As one of CBP's six commercial targeting centers in the United States, the CTAC will target shipments of imported cargo, including food, for potential safety violations.

"In addition to guarding against terrorism and crime, securing our borders and facilitating legitimate trade involve ensuring the safety of imported [food] products," said DHS Secretary Napolitano. "This new targeting center will enhance the inspection of goods entering our country by centralizing and strengthening federal efforts to protect U.S. consumers."

Agriculture Secretary Tom Vilsack and HHS Secretary Kathleen Sebelius also backed the initiative. “With so much food coming from abroad, we must do all we can to ensure that it conforms to the same safety standards as our own food safety systems,” said Sebelius. “The new CTAC announced today is an important step toward the type of collaboration necessary to ensure that Americans have access to a safe and healthy food supply,” added Vilsack.

As part of its collaboration with CBP, FSIS will also extend its enforcement efforts to target ineligible imports, and investigate suspicious shipments based on manifest information filed prior to the arrival of goods at U.S. ports.

Ultimately, the new facility, which will be located adjacent to CBP's Office of International Trade in Washington, will strive to enhance the safety of foreign food product imports by promoting the three core principles announced by the Food Safety Working Group: Prevention, Surveillance and Response.

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The burger of the future may soon be here.

And, what's the burger of the future? Well, it’s a beef patty, actually. It will look, smell and taste the same as a burger does today. The only difference is that there may no longer be a need for the cow.

Technological advancements across the food industry, along with those in the bio-sector, have resulted in recent breakthroughs which could make artificial (or, in-vitro) meats available in grocery stores as early as 2012. Using embryonic cells to grow muscle tissue in a steel tank (imagine growing meat in a test tube), the process will likely be similar in many ways to yogurt production.

While the idea of eating artificially grown meat might seem somewhat "distasteful," the breadth of new incentives may eventually outweigh any potential consumer hesitance.

For starters, the meat of the future will be made to taste as good or, perhaps, even better than its naturally grown counterparts.

In addition to tasting great, it will also likely be healthier because scientists will be able to manipulate the nutritional content to optimal levels. Imagine a burger, for instance, that helps to prevent, rather than promote, heart attacks.

And, while promoting long term health benefits, lab grown meat, whether chicken, beef, pork or lamb, will be inherently safe. According to Jason Matheny of the research group New Harvest, the possibility of pathogenic contamination should become almost nonexistent. If we could produce meat in sterile conditions that are impossible in conventional animal farms and slaughterhouses, added Matheny, we could substantially reduce the number of food-borne illnesses and ancillary costs associated with outbreaks.

In a recent interview with CNN, Matheny also stated that Bio-meat could substantially reduce other human illnesses as well. These would include ailments "like swine flu, avian flu, and mad cow disease." Click on the following link to read the full CNN Report.

Beyond food safety, the financial benefits for companies producing meat without the expense of raising it are tremendous. It takes 700 calories of feed to produce a 100 calorie piece of beef. And, this does not take into account the other logistical problems of using meat off the hoof. “When we grow only the meat we can eat, it's more efficient,” said Matheny. “There's no need to grow the whole animal and lose 75 to 95 percent of what we feed it."

Ultimately, with lab engineered meat, food companies would no longer have to pay for raising, feeding, housing and providing veterinary treatment to live animals.

So, what’s a burger without the cow?

Perhaps a very "good" idea.

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According to the FDA, Unilever has announced a precautionary and voluntary nationwide recall of all Slim-Fast® ready-to-drink (RTD) products in cans.

The products affected by the recall are packaged in paperboard cartons containing four, six or 12 steel cans that are 11 FL OZ (325 mL) each. Individual cans are also sold in certain retail outlets. The recall involves all Slim-Fast® RTD products in cans, regardless of flavor, Best-By date, lot code or UPC number. Click on the following link to view a List of Recalled Products.

No other Slim-Fast® products, including Slim-Fast® powdered shakes, meal bars or snack bars, have been affected by the recall.

The recall was initiated after the company conducted quality testing on Slim-Fast® RTD products in cans. Because possible issues involving Bacillus cereus, the company announced, in an abundance of caution, a precautionary recall of all RTD products in cans that are currently in distribution centers, on-shelf or in back rooms in retail outlets or in consumers’ homes. Click on the following link to view a copy of the FDA Recall Release.

It is also important to note that, to date, there have been no reports of any illnesses associated with the consumption of these products. And, although Bacillus cereus in some instances can cause diarrhea and nausea, the possibility of serious illness or other significant health consequences is remote. Nevertheless, the company working to identify and correct any potential processing issues, and plans to resume production once they have been fully addressed and corrected.

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On November 17, 2009, Fairbury Steaks issued a voluntary and precautionary recall of fresh ground beef. The recall followed an announcement by FSIS that routine regulatory samples collected from the processor had tested positive for E. coli O157:H7. But, did FSIS make a mistake? And, was Fairbury wrongfully accused?

The sample collected by FSIS was taken from a 90 pound batch of finished product. The finished product was processed by Fairbury using frozen beef from another supplier. The frozen beef was sold to Fairbury with a certificate of analysis, documenting that it had been tested for E. coli, and that all tests were negative. In turn, all 90 pounds, once ground, were destined for a single Nebraska restaurant.

According to Dennis Brown, Fairbury’s owner, the ground beef collected for the routine FSIS sampling was collected from a single bag. The contents of the bag were then split in half – one half for FSIS and one half for Midwest Laboratories of Omaha (Fairbury’s own, third-party lab). According to Brown, Fairbury learned on November 14, 2009 that its sample was negative. Three days later, however, the USDA reported that its sample was positive.

What to do? Well, based solely upon its own testing, FSIS urged Fairbury to recall all 90 pounds of ground beef shipped to the Nebraska restaurant. Click on the following link to view the FSIS Recall Release.  And, although the company followed FSIS’ recommendation, Fairbury was not convinced that its meat was contaminated with E. coli.

To satisfy its own concerns, Fairbury recovered all 90 pounds of ground beef it had shipped to the Nebraska restaurant. The company then took samples from each of the nine packages that were returned, and had all nine samples tested by Midwest.

To assure the integrity of sampling, two FSIS representatives watched Brown cut open the nine packages of recalled beef, collect the nine samples, and then ship the samples to Midwest. In turn, all the samples from all the packages, plus a sample from a replacement shipment to the customer (which was included in the collection), tested negative for E. coli.

Although a negative result does not necessarily prove the absence of the pathogen, the numerous and multiple negative test results from the recalled product raise significant questions about the reliability and limits of regulatory testing, the potential for mistakes in governmental laboratories, and the amount of safe product companies are, in some instances, being asked to destroy. Although this recall involved only 90 pounds, the next may involve 900,000.

When asked about the contradictory test results, Brown admitted he's a bit confused. Given the number of negative samples from the recalled product, Brown believes that FSIS either had a false positive or there was cross-contamination in the government's lab.

Unfortunately, Neil Gaffney, a spokesman for FSIS, declined to comment on either possibility – including the history or extent of FSIS false positives.

Thus, in the absence of any response, it appears that the real answer in this case, like the ground beef that was recalled, could potentially have been a bit too much (for at least some) to swallow...

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Thanksgiving is, of course, a wonderful holiday. In addition to countless memories, it provides an unparalleled opportunity to share an incredible meal with friends and family.

Thus, in advance of the holiday, we simply wanted to take a quick moment to mention the efforts of those who have dedicated their careers to putting safe food on our tables.

At no time has food been as plentiful, affordable and as safe as it is today. This has not happened by accident, or as a result of luck. It has taken the constant dedication and tireless efforts of many, many individuals who, rarely, if ever get so much as a “thank you.”

The people we have worked with over the last decade care deeply about the quality and safety of their food. And, whether in California or Connecticut  – or any of the countless states we have visited in between – one thing always rings true. The people who provide us with the stunning bounty we enjoy are, hands down, good, caring citizens. Thus, our message is this: be proud of what you do, and know your efforts are appreciated. Especially today.

So... Thanks for feeding our families.  And, "Happy Thanksgiving" from all of us at www.defendingfoodsafety.com.

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According to the FDA, Timco Worldwide Inc. (based in Davis, California) has announced a voluntary recall of a limited number of Large Seedless Watermelons.

The Large Seedless Watermelons affected by the precautionary recall contain the “MelonUp!” sticker label, with a PLU (Price Look Up) # 4032 and UPC # 0 33383 40240 6. The watermelons were distributed to select grocers, wholesalers and processors in California and Texas. Click on the following link to view a copy of the FDA Recall Release.

Timco announced the recall immediately after learning that routine, random sampling by a distribution company confirmed positive for Salmonella. In turn, the company announced, in an abundance of caution, a recall of all potentially affected products.

It is also important to note that, to date, there are no reports of illnesses associated with the consumption of these products. Nevertheless, consumers who may have purchased watermelons in the markets noted above (with the MelonUp! label) are being urged by the company to return them to the place of purchase for a refund. In turn, consumers with questions, or who need additional information, are invited to contact the company at 1-530-757-1000 (press “4” for Food Safety).

As with all fresh fruits and vegetables, Timco also recommends that fresh melons be thoroughly washed and rinsed before cutting and/or consuming them.

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According to the FDA, Five Crowns Marketing (based in Brawley, California) has announced a voluntary and precautionary recall of select cantaloupes packed under the Majesty label.

The cantaloupes affected by the precautionary recall were packed in various sizes with and without individual “Majesty” stickers. All cartons carry the label "Majesty," and are further identified with lot numbers 198 2 or 198 3, and pack dates of Nov 4, Nov 6, and Nov 10. Additionally, the cantaloupes in the identified lots were harvested and shipped to wholesalers, retailers, and food service operators in the states of Alabama, California, Illinois, Michigan, Minnesota, New York, Ohio, Oregon, Pennsylvania, and Tennessee. Click on the following link to view the FDA Recall Release.

Five Crowns Marketing announced the recall immediately after learning that routine testing on a lot of cantaloupes packed on November 4, 2009 confirmed positive for Salmonella. In turn, the company announced, in an abundance of caution, a recall of all cantaloupe from the same lot.

It is also important to note that, to date, there have been no reports of illness associated with the consumption of these products. According to the company, most of the cantaloupes have likely already passed through the distribution chain. Nevertheless, the company continues to work with its customers to ensure that all of the potentially affected cantaloupes have been accounted for.

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According to the FDA, Service Smoked Fish Corp. (based in Brooklyn, New York), has announced a voluntary recall of certain Brooklyn's BEST brand SMOKED NOVA SALMON.

The Smoked Nova Salmon affected by the recall was vacuum-packed in clear, plastic bags of various size packages including 3 oz., 4 oz., 8 oz., 12 oz., 16 oz., and random weight sides with the brand name "Brooklyn's BEST" appearing on a circular label inside the vacuum bag. A "Use-By" date appears on the bottom of the gold board. Units with "Use-By" dates of 12/03/09 through 12/19/09 are being recalled. The product was also air-packed in bulk boxes. Air-packed units with lot numbers 060 through 043 are being recalled. No other use-by dates or lots numbers are involved in this recall.  Click on the following link to view a copy of the FDA Recall Release.

The Smoked Nova Salmon was distributed in the greater New York area, New Jersey, Connecticut, and the areas of Baltimore, MD, Los Angeles, CA, and Portland, Oregon. Consumers may have purchased the product from retail food stores.

The company announced the recall following the discovery of Listeria monocytogenes during routine product sampling. The company has ceased the production and distribution of the product, and is working with the FDA to investigate the potential source of the problem.

It is also important to note that, to date, there have been no illnesses associated with the consumption of these products. Nevertheless, consumers who may have purchased the above "Use-By" dates or lot codes of "Brooklyn's BEST" brand SMOKED NOVA SALMON are urged to return it to the place of purchase for a full refund. Consumers with questions, or who need additional information, are invited to contact the company at 718-388-4067.

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Sonia Johnson, a distinguished advocate for equal rights, once said “We must remember that one determined person can make a significant difference, and that a small group of determined people can change the course of history.”

In the past month, the Gass Weber Mullins’ Food Safety Defense Team has addressed more than a thousand food industry leaders in venues across the globe, on topics ranging from advancements in food safety technology to outbreak surveillance and food-borne illness litigation.

The 29th Annual Microbiology Symposium in River Falls, the American Conference Institute Food-borne Illness Litigation Conference in Chicago, and the National Center for Food Safety and Technology 2009 Annual Meeting, where Shawn Stevens filled in as Keynote Speaker for Senior FDA Policy Advisor Mike Taylor, are but only a few examples.

The distinguished members of Gass Weber Mullins, of course, have written the doctrine on Managing Food-borne Illness Outbreaks and Claims.

The utilization of emerging technologies to identify previously indeterminate sources of food-borne illness outbreaks, combined with broad expertise in national outbreak surveillance, media relations, government regulation and food-borne illness litigation, have cemented the firm's unsurpassed reputation as a food safety leader, and opened the door to speaking engagements throughout the United States and abroad. In the past few weeks, the firm’s food safety attorneys have also given presentations at the SQF Annual International Conference in Guadalajara, and the 3rd Annual International Food Safety and Quality Conference in Beijing, China.

Gass Weber Mullins strives, through hard work and determination, to recognize the valiant efforts of the hardworking individuals and food companies who work tirelessly, not only to put food on our tables, but also to improve the safety of our food. And, in a world marked by an increasing number of outbreaks, an escalating number of recalls, and rising number of meritless lawsuits, their mantra always has been, and always will be, "proudly defending the hard working Americans who feed our families."

When it comes to food safety litigation, Gass Weber Mullins leads the way.

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Scientists from the University of Missouri have developed a new method to detect live E. coli O157:H7 cells in ground beef.

Notably, the two-step method can distinguish between dead and living E. coli cells. The research uses a technique called a real-time polymerase chain reaction (PCR), a quick, reliable method for detecting and identifying pathogens in food. However, PCR can't differentiate living from dead microbial cells. Dead cells will not make people ill, and the presence of dead cells often results in false-positive findings, which can result in unnecessary product recalls.

To prevent this, researchers developed a method to stain samples with a dye called ethidium bromide monoazide (EMA). EMA cannot penetrate live cells, but it can enter dead cells. In the dead cells, EMA binds to DNA molecules, making them insoluble and therefore invisible to PCR tests.

The researchers have had success using the new technique on ground beef, chicken and eggs. Testing takes about 12 hours, compared with older methods, which require up to two days to generate results.

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An outstanding group of international food safety regulators, academics, industry leaders and top food safety lawyers are gathering in Beijing this week for a 2 day conference on food safety.

The Third Annual China International Food Safety and Quality Conference is designed to provide expert perspective on emerging industry trends impacting foreign food product imports, production and safety.

Speakers include Ge Zhirong, President, China Entry-Exit Inspection and Quarantine Association; Wang Yong, Minister, General Administration for Quality Supervision Inspection & Quarantine; David Tharp, International Association for Food Protection; Michael Pulch, European Commission to China, Bernard Kuhnle, German Federal Ministry of Food, Agriculture and Consumer Protection; Murray Lumpkin, FDA; Robert Charlebois, Canadian Food Inspection Agency; Art Liang, CDC and many, many more.

In turn, I will be speaking this year about the impact of food safety litigation in the United States on foreign food product production, imports and safety. Fellow food safety attorneys Bill Marler and David Ernst will offer additional perspective on food safety litigation at home and abroad.

More, of course, to follow.

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It is no small secret that our collective survival depends, quite literally, on the food we eat.

The availability and affordability of food has a direct impact on our individual health, along with (if we work in the food industry) the success and longevity of our careers. Indeed, if we produce food for others, the quality of the food we market and sell also affects our individual ability to provide for and feed our families. In this regard, every one of us (no matter how large or small our role may be) has an interest in making sure that the food we produce (and, ultimately, consume) is the safest it can possibly be.

To date, we’ve done an excellent job. Nevertheless, despite our best efforts, the existence of naturally occurring pathogens in our environment – and by extension in many foods – remains a real part of our business and lives. Given the limitations of science and, in no small part, consumer behavior, no one is immune. Every month, for instance, approximately 6,000,000 Americans will develop some type of food-borne illness. This also means that – each year– nearly one in every four Americans will be affected. Of these, approximately 325,000 individuals will be hospitalized, and nearly 5,000 could die.

And, no matter how much we care about food safety, this trend is not only likely to continue, but will likely accelerate. Given recent and substantial improvements in national food-borne illness outbreak surveillance, more food-borne illnesses are being identified, and more outbreaks are being reported. By extension, these outbreaks are being associated with an increasing number of foods, and more companies are – either directly or indirectly – being affected.

This resulting increase in reported outbreaks, along with a corresponding increase in media coverage, has also affected public and governmental interest in food safety. The politics of food safety, of course, translates exponentially into more regulation and a significant increase in food litigation. Thus, if your company has not yet faced a food-borne illness claim, chances are in the short term it will. Additionally, for this reason, businesses should begin contemplating how to best position themselves (from both a food safety and liability standpoint) to anticipate future problems, reduce company exposure, and react appropriately when an alleged food-borne illness or outbreak does indeed occur.

Not all food-borne illnesses claims, however, have merit. As noted, as a direct result of the growing public and political awareness in food safety, we have also witnessed an explosion in food-borne illness and outbreak litigation. In turn, we also know that, because of limited resources and other reasons, some outbreak investigations are still unable to identify the real culprit, and some continue to identify the wrong source. In these and other cases, many claimants (and their attorneys) continue to sue the wrong party.

Thus, here too, it is critical that food companies understand how food-borne illnesses are tracked, identified and confirmed, what to expect in a food-borne illness investigation, how to respond during an outbreak or recall, how to react when confronted with a potential claim, and how to properly defend their business and reputation when lawsuits are ultimately filed.

In any event, this is why we are proud to offer our Advance Series on Managing Food-borne Illness Outbreaks and Claims. For nearly a decade, our food safety team has helped food companies across the nation prevent litigation, manage crisis and defend claims (both meritorious and non-meritorious allegations). In the coming weeks and months, this series will provide additional and timely insight on what food companies can do to anticipate risk and reduce potential exposure, to effectively respond to and manage food-borne illness outbreaks and claims, and to effectively defend food-borne illness litigation and lawsuits when they do, indeed, occur.

Although we enjoy one of the most plentiful, affordable and safest food supplies in the world, we also live in one of the most litigious societies. Thus, despite the fact that food-borne pathogens are (and likely always will be) an inherent part of our food supply, and despite the fact that individual risk can be greatly reduced through responsible consumer behavior, many individuals will continue to be affected by food-borne illness and, unfortunately, regardless of source or cause, many will continue to sue.

In recognition of the incredible efforts hard working Americans to provide safe and affordable food to our families, we feel inclined, when lawsuits overreach, to protect and defend yours.

Again, thanks for a job well done. And, welcome to www.defendingfoodsafety.com.

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Travelling throughout the United States and Internationally this week to speak at various food safety conferences (and mingling endlessly with numerous regulators and industry professionals), I continue to hear a common theme.

When it comes to the safety of our food here at home, it is intellectually healthier, if you will, to stand behind the teachings of science, than to be force-fed the frenzied rhetoric of cynics to whom things like perspective and reason are but tasteless, bland and easily ignored concepts.

Each year, American families eat somewhere in the neighborhood of 328.5 Billion safe meals – and countless more safe snacks. While any illness or death linked to the consumption of food is one too many, the fact remains that (at three meals a day) you and I are 20 times more likely to die this year from pneumonia or drowning than from a food-borne illness. Although not perfect, the statistics are quite impressive.

Mostly, the risk of eating is low because the hard-working people who actually grow, raise, manufacture, transport, process, prepare and serve our food – despite what you might be told by the media – are actually well-intentioned human beings. With incredible assistance and cooperation from numerous federal, state and local agencies, these hard-working individuals help make our food supply one of the safest in the world.

Included, of course, in this cast of thousands, are dedicated professions who work for numerous federal, state and local agencies such as the CDC, the FDA, the USDA, the FSIS, 50 individual State health departments, and countless local health departments. These individuals, in many instances volunteer extended hours at wages far below their true worth, working tirelessly to ensure that the food sustaining our nation is as plentiful and safe as it can be.

Yet, despite these incredible human efforts, both the food industry and government workers that oversee and track the safety of our food remain under continuous attack. As consumers, we are inundated by media “fear-mongering,” and made to believe that with each meal consumed, we draw closer to the precipice of some fathomless tragedy. We are also taught to be suspicious and wary of the people who have dedicated their lives to ensuring that our families are fed, and that our food is wholesome.

We are told of the ineffectiveness of federal, state and local regulators, alleged problems in food processing plants, restaurants and grocery stores, and how industry workers simply don’t care about the food they make. In order to believe this, however, we must ignore a fundamental truth: the food that our fellow Americans work so hard to produce is the same food they proudly feed to their families.

You see, food safety is a complicated and dynamic issue. It is easy to be a cynic. It is easy to attack others with the benefit of extended hindsight. It is easy to simplify things to a level that a third grader would find devoid in both substance and fact. The real challenge, however, lies in embracing a reasoned and proactive approach that not only recognizes the limits of technology and science, but, at the same time, within these limits, best reduces the risks most likely to occur to the greatest extent possible.

And, we must recognize, as well, that there are many sources of food-borne illness other than food products. More common than problems which occur at the highly regulated production level, are those which occur at the consumer level.

• How many offending foods, for instance, were perfectly safe until rendered unsafe by improper storage or handling?

• How many offending meals were perfectly safe until contaminated by ill food handlers?

• How many buffets at restaurants, churches, family gatherings or weddings were completely safe until contaminated by sick guests?

When we probe deeper, and actually balance the real and multiple causes of food-borne illness (most of which occur long after production), the safety of the food produced by industry is astonishing. And, frankly, until we recognize that each one of us shares responsibility for basic food safety in our homes, and until every food-handler, homemaker and guest can be rendered “sterile,” we also need to ensure that the laws regulating our food supply are driven by (and based upon) reality and science, not merely inflammatory rhetoric.

Nevertheless, many will continue to indiscriminately criticize our entire food system and, by extension, the countless people working to find solutions to the challenges we do face. And, although the same critics will also argue that consumers bear little responsibility for their own safety, please understand this is a dangerous and flawed philosophy which serves no one but those who profit from the sensationalism and mistrust they create.

In any event, for those who continue to ignore science and reason, who contend that food safety is the responsibility of food producers alone, and who wrongly proclaim that food safety is only as simple as “not eating poop,” I say this: given the statistics, what goes into one mouth is often far less harmful than what comes out of another.

*And, if you have any questions related to proper food handling, please feel free to peruse our site for safe handling instructions and tips; and, please encourage others to do the same.

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Food safety, of course, is a top priority for our nation’s food processors.

In addition to numerous other interventions, poultry processors also train employees to visually inspect carcasses for potential defects prior to final USDA approval.

This system of visual screening, however, is only as good as the human eye. Thus, in a continuing effort to push the food safety envelop even further, researchers have now proven that computer imaging can lend a helping hand.

The US Agricultural Research Service (“ARS”) has announced the development of an automated hyperspectral imaging system that can accurately detect food safety and quality defects (including small amounts of fecal contamination) on poultry carcasses. Hyperspectral imaging is a technique that combines digital imaging with spectroscopy, creating individual wavelengths of light that pinpoint contaminants.

The new system was developed, in conjunction with Stork Food Systems, by ARS scientists at the Quality and Safety Assessment Research Unit in Athens, Georgia. Notably, a prototype was recently tested in a poultry plant to evaluate its performance under commercial conditions. In the trial, carcasses were imaged after evisceration (but prior to washing) at a rate of 150 birds per minute. According to reports, the system ran successfully for several days. Nevertheless, while the initial trials showed great promise, researchers are still working to refine the system to better avoid false-positives.

The ARS researchers are also collaborating with the Environmental Microbial and Food Safety Laboratory in Maryland, which has developed a similar on-line system designed to differentiate diseased poultry carcasses from those that are wholesome. The system relies upon the same imaging technology, but uses different wavelengths.

In any event, the two groups are now attempting to merge the systems into a single unit, which will include an imaging camera and detection software. According to reports, the team plans to have a prototype of the joint system ready for further trials later this year.

Congrats to all.

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With Halloween fast approaching, it would seem the perfect time to worry the masses.

Researchers from the Center for Science in the Public Interest (“CSPI”), for instance, have just compiled nearly twenty years of CDC data, and used it to create a list of the riskiest foods to consume. In turn, some major news outlets, including CNN, quickly publicized the findings. Click on the following link to view the CSPI Study.

The study attempted to determine the relative risk of select foods by examining the frequency of past food-borne illness outbreaks associated with each. The findings, ironically, are nearly identical to the Food Guide Pyramid, which tells us what, and how much, food we should eat in order to stay healthy.

In any event, according to the CSPI study, the ten most risky foods are as follows:

1. Leafy Greens: 363 outbreaks (13,568 reported cases of illness);
2. Eggs: 352 outbreaks (11,163 reported cases of illness);
3. Tuna: 268 outbreaks (2341 reported cases of illness);
4. Oysters: 132 outbreaks (3409 reported cases of illness);
5. Potatoes: 108 outbreaks (3659 reported cases of illness);
6. Cheese: 83 outbreaks (2761 reported cases of illness);
7. Ice Cream: 74 outbreaks (2594 reported cases of illness);
8. Tomatoes: 31 outbreaks (3292 reported cases of illness);
9. Sprouts: 31 outbreaks (2022 reported cases of illness); and
10. Berries: 25 outbreaks (3397 reported cases of illness).

The implied lesson from the findings seems to be that we should, in order to minimize our risk of getting sick, avoid eating fruits, vegetables, dairy products and seafood. In turn, it would seem, a diet which consists strictly of beef, chicken and candy would be exactly what the doctor ordered.

In my view, scaring people away from certian foods doesn’t help promote food safety. And, warning people not to eat fruits and vegetables may be a bit short-sighted. Leafy greens, for instance, are served in virtually every single salad and on every single sandwich; that translates to nearly a billion safe servings every single day. The same is true for other foods on the list, including countless fruits and most vegetables.

So, in twenty years, we have less than 14,000 reported cases of people getting sick from leafy greens? You do the math. This is really no different than arguing that visiting the grocery store (to buy your produce) is an inherently dangerous activity because, every so often, someone trips.

Moreover, in my house, it is not what you eat that determines the risk, but rather who made it. My father, for instance, didn’t stop at just cooking our food. He cremated it. In this regard, most foods we enjoy are perfectly safe when properly handled and cooked to a thousand degrees centigrade (or, 160 degrees fahrenheit as recommended by FSIS).

In any event, recognizing that nothing in our world is without risk, I’ll continue to take my chances with a healthy diet and tasty food. And, despite its safety record, the candy can wait until Halloween. For now, I’m going to go eat a salad.

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Following recent media coverage involving the regulation of our food supply, Agriculture Secretary Tom Vilsack issued a statement highlighting the continuing efforts of USDA to ensure that our food remains as safe as it can be. Click on the following link to view the USDA Statement.

“Over the last eight months since President Obama took office,” said Vilsack, “the USDA has been aggressive in its efforts to improve food safety, and has been an active partner in establishing and contributing to President Obama's Food Safety Working Group.”

"Protecting public health is the sole mission of the USDA Food Safety and Inspection Service. FSIS has continued to make improvements to reduce the presence of E. coli O157:H7 and the agency is committed to working to reduce the incidence of food-borne illnesses caused by this pathogen.

"Shortly after coming into office, the Administration created a high-level Food Safety Working Group to coordinate food safety policies, focus greater resources on prevention, and improve response to outbreaks. Since doing so, we have taken the following actions:

• Launched an initiative to cut down E. Coli contamination (including in particular contamination from E. Coli O157:H7) and as part of that initiative, stepped-up meat facility inspections involving greater use of sampling to monitor the products going into ground beef;

• Appointed a chief medical officer within USDA's Food Safety Inspection Service to reaffirm its role as a public health agency;

• Issued draft guidelines for industry to further reduce the risk of O157 contamination;

• Started testing additional components of ground beef, including bench trim, and issuing new instructions to our employees asking that they verify that plants follow sanitary practices in processing beef carcasses; and

• Designed the Public Health Information System (PHIS) in response to lessons learned in past outbreaks.

According to Vilsack, "the USDA is also looking at ways to enhance trace back methods and will initiate a rulemaking in the near future to require all grinders, including establishments and retail stores, to keep accurate records of the sources of each lot of ground beef."

"No priority is greater to me than food safety," said Vilsack, "and I am firmly committed to taking the steps necessary to reduce the incidence of food-borne illness and protect the American people from preventable illnesses. We will continue to make improvements to reduce the presence of E. coli 0157:H7."

Because there is no technology (with the exception of irradiation or cooking), however, to ensure that raw animal products can be made sterile, FSIS continues to remind consumers that thoroughly cooking raw animal 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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The Food Marketing Institute (FMI) and GS1 US have announced the launch of a new online service designed to facilitate the prompt exchange of accurate recall information between retailers, wholesalers and suppliers. When recalls are announced, the new system, known as the Rapid Recall Exchange (“RRE”), will allow suppliers to send specific, targeted information to retailers and wholesalers on how to remove recalled products, handle them safely and address reimbursement requirements.

According to the FMI, the new system was designed by the industry for the industry. The RRE replaces the existing Product Recall Portal, improves ease of use and adds numerous capabilities. In addition to complimenting existing recall practices and complying with the requirements of the FDA Reportable Food Registry, the RRE also features:

• Secure user-authentication;

• Two-way messaging between trading partners;

• Internet access anywhere, anytime;

• Email alerts about new information;

• Comprehensive, prioritized information with U.P.C. bar codes and product images for easy identification;

• Verification of notification;

• Universal notification of Class 1 recalls;

• Targeted notification to specific customers;

• Consistent, reliable communications; and

• Standardized forms, processes and instructions applying industry best practices

According to Bob Carpenter, CEO of GS1 US, the new system “will ultimately benefit the public as well as the companies that use it.” In turn, access to the Rapid Recall Exchange is available for a nominal fee imposed only to cover operating expenses.

To encourage quick and widespread adoption of the system, FMI and GS1 US are also offering free trial subscriptions to retailers and wholesalers that sign up by Oct. 30. The trial period runs through Dec. 31, 2009.

More information is available at www.rapidrecallexchange.org.

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It seems that the world has gone crazy for bacon.

Certainly I have always enjoyed it. Perhaps I even indulge in it more than I should. I have no problem sitting down to a plate of bacon with my eggs in the morning. I like it on cheeseburgers and wrapped around scallops.

I also saw that the Wisconsin State Fair was selling chocolate covered bacon this year. That seemed to be a stretch, but I tried it. It tasted like chocolate and bacon. I even came across bacon flavored vodka recently. I didn’t try that, though I imagine it would probably taste; well, like bacon and vodka.

The weirdest bacon laden food I have yet heard of is bacon and egg ice cream. This no doubt delectable treat can be found only the menu of The Fat Duck restaurant in London. Other menu items include powdered pigeon, jelly of quail and salmon poached in liquorice.

Another specialty dish, now off the menu is shellfish ala pickle. According to the Health Protection Agency, the restaurant unknowingly (and, quite innocently) received a shipment of shellfish last February that had been contaminated with norovirus. Unfortunately, five hundred sick patrons caused the restaurant to shut down.

The Health Protection Agency released its final report last month, which noted that a total of 529 diners ultimately reported symptoms of vomiting and diarrhea in the weeks following the start of the February 2009 outbreak. The report also said restaurant employees who had been hit by the virus may also have returned to work before they had fully recovered. With powdered pigeon on the menu, it must have been nearly impossible to keep them away.

In any event, The Fat Duck maintains it is not liable for the outbreak, and also insists it followed all food hygiene procedures correctly. Notably, investigators agreed, concluding there were no breaches of hygiene at The Fat Duck. And, in the defense of the restaurant, it is very well known for the high quality food it serves and also its cleanliness. It has been given three stars by Michelin, and has received numbers awards and accolades.

The head chef, Heston Blumenthal, has also written a letter of apology to those patrons who fell ill and invited them—when the time is right—to come back and give the restaurant another go. He stated in the letter that, "It was deeply upsetting to all of us that your enjoyment of The Fat Duck was not as we had intended it to be, I would be delighted if you would consider returning to The Fat Duck at a time that is convenient to you."

So, on your next stop in London, I would strongly recommend visiting The Fat Duck. Although shellfish may no longer be available, nothing beats the powdered pigeon or jellied quail, capped -- before the check -- with a delectable serving of bacon and egg ice cream.

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According to the California Department of Public Health, Ippolito International (based in Salinas) has announced a voluntary and precautionary recall of select “Queen Victoria” and “Tubby” bunched spinach.

The spinach affected by the precautionary recall was packed in 12-count and 24-count spinach bunches in cardboard boxes with “Spinach” printed on the side panel, in wire bound crates or reusable plastic containers. The cartons of recalled spinach were also labeled with the following Code Date Stickers which can be located on the outside edge panel of the carton:

• 10522441 5 205 (harvested September 1, 2009);

• 10522451 5 205 (harvested September 2, 2009);

• 10522461 5 205 (harvested September 3, 2009).

The Tubby label was packed only on Code Date 10522451 5 205.

In turn, the individual 12-count and 24-count spinach bunches were bound with a twist tie which says “PLU 4090 UPC 33383-65200.” The twist tie associated with the “Queen Victoria” label has the Queen Victoria logo on it. The twist tie for the Tubby label has a generic spinach band on it.

Of the 1,715 cartons of bunched spinach recalled, a total of 1,515 cartons were packed under the “Queen Victoria” label and distributed to California, Alabama, Arizona, Florida, Georgia, Illinois, Indiana, Kentucky, Michigan, Minnesota, New Jersey, New York, and to British Columbia, Ontario, and Manitoba in Canada. The remaining 200 cartons were packed under the “Tubby” label and distributed in California and New York. The recalled spinach was distributed to retail, food service and wholesale buyers.

Ippolito International immediately announced the precautionary recall following the discovery of Salmonella during routine product testing. It is also important to note that, to date, there have been no illnesses associated with the consumption of these products. Nevertheless, consumers who purchased these products should discard them or return to the place of purchase for a refund. Consumers with questions, or who need additional information on where the recalled products were sold, are also invited to contact Ippolito International at 1-831-772-9991.

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The USDA has published new rules for a proposed program, under which select State-inspected establishments (with 25 or fewer employees) will be eligible to ship meat and poultry products in interstate commerce. Click on the following link to view the Proposed Rule.

The new program was created as part of the 2008 Farm Bill to supplement the existing Federal-State cooperative inspection program to allow State-inspected plants with 25 or fewer employees to ship products across State lines. This announcement is part of the USDA's new Know Your Farmer, Know Your Food Initiative, which seeks to better connect consumers with local producers to help develop local and regional food systems to spur economic opportunity.

"This new cooperative interstate shipment program will provide new economic opportunities for many small and very small meat and poultry establishments, whose markets are currently limited," said USDA Deputy Under Secretary for Food Safety Jerold Mande. "We can provide new markets for these establishments, while maintaining the integrity of the Federal mark of inspection."

Currently, 27 states operate State Inspection Programs for meat and poultry, and FSIS verifies that the State programs are implementing requirements that are "at least equal to" those imposed under the Federal meat and poultry products inspection acts. Click on the following link to view the Current List of Qualifying States. For these programs, FSIS provides up to 50 percent of the State's operating funds and provides oversight and enforcement of the program.

Under the proposed rule, selected establishments will receive inspection services from federally trained and/or supervised State inspection personnel who will verify that the establishments meet all Federal food safety requirements. Meat and poultry products produced under the voluntary cooperative program will bear an official USDA mark of inspection, thereby enabling interstate shipment of the products.

State-inspected establishments that are not selected for the voluntary cooperative program, including state-inspected establishments with more than 25 employees, are only eligible to sell and ship their products within their State.

Comments must be received on or before Monday, November 16, 2009, through the Federal eRulemaking Portal at www.regulations.gov, by mail to: FSIS Docket Room, USDA, FSIS, OPPD, Docket Clearance Unit, 5601 Sunnyside Avenue, Stop 5272, Beltsville, MD 20705.

All comments must identify FSIS and the docket number FSIS-2008-0039. Once received and published, interested parties will be able to View All Comments Online.

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According to the FDA, Muranaka Farms has announced a voluntary recall of 1005 cases of 60 count bunched Parsley because it has the potential to be contaminated with Salmonella.

The recall was trigged as a result of a voluntary sampling program conducted by the California company in cooperation with the FDA, which revealed that certain finished products could potentially contain the bacteria. Click on the following link to view the FDA Recall Release.

The specific products affected by the recall include 60 count fresh bunched parsley Lot Code 0023909. The products were shipped in a brown wax carton under the Muranaka Label with a parsley silhouette on the side. In turn, individual parsley bunches were banded using a red rubber band. The lot code 0023909 is on a sticker on the outside of the carton.

The affected products were distributed in the following 10 states: Arizona (30 cases), California (574 cases), Colorado (35 cases), Florida (60 Cases), Iowa (3 cases), Illinois (1 case), Missouri (7 cases), Tennessee (5 cases), Texas (278 cases) and Wisconsin (12 cases). These cases were distributed within both retail and foodservice outlets.

Because of Muranaka Farm's trace recall program the company was able to immediately determine which customers purchased the product in question. Muranaka's food safety protocols also ensure the company was able to determine the amount of cases harvested, the crew harvesting the product, and the field on which the parsley was grown and harvested. The company is continuing to work with the FDA to determine a potential cause.

It is also important to note that, to date, there have been no reported illnesses associated with the consumption of these products. Moreover, although the product is over two weeks old, and likely past its useable shelf-life, the company is nevertheless working diligently with customers to ensure that the products are fully accounted for and out of the supply chain.

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The FDA has announced a new tool it believes will help prevent future cases of food-borne illness – the Reportable Food Registry.

In 2007, former President Bush signed into law the Food and Drug Administration Amendments Act (Public Law 110-85). The Act, which amended the Federal Food, Drug and Cosmetic Act by creating a new section 417 (21 U.S.C. 350f), required the Secretary of Health and Human Services to establish a mandatory reporting registry for potentially dangerous foods. The stated purpose of the amendment was to provide FDA with “a reliable mechanism to track patterns of adulteration in food.” Implementation of the new law, however, was delayed while the FDA worked on developing an effective electronic reporting system.

Now that the Reportable Food Registry (“RFR”) is up and running, the mandatory reporting requirements have gone into effect. The new FDA rules apply to any company that is required to submit registration information to the FDA for a food facility “that manufactures, processes, packs, or holds food for human or animal consumption in the United States.” In turn, the rules extend to any food or animal feed regulated by the FDA, except for infant formula and dietary supplements which are covered by other regulatory requirements.

Under the new FDA rules, a food company is now required to alert the FDA – through the RFR Portal – within 24 hours of becoming aware it has sold and shipped a "reportable food." According to the FDA, a reportable food is defined as any food product that has a “reasonable probability” of causing health problems or death in humans or animals.

As explained by the FDA, some examples of reasons a food may be reportable include bacterial contamination, allergen mislabeling or elevated levels of certain chemical components.

In turn, once a food company discovers a problem with a product it has shipped, and submits a report through the RFR, it will be required to cooperate with the FDA to help determine the cause and prevent potential health problems. Companies will also be required to notify relevant suppliers and distributors of any potential safety issues, be ready to submit further data and tests to the FDA, and initiate their own investigation if the problem is thought to have originated internally.

Notably, however, the new reporting requirements apply only to products that have been shipped into commerce. For this reason, a food company is not required to report a problem to the FDA if it discovered the problem before a food product was shipped, and then corrected the problem or destroyed the food.

Although Michael Taylor (senior advisor to the FDA commissioner) stated that industry should be able to easily judge when a food product is “reportable” under the new guidelines, the Grocery Manufacturers Association quickly responded raising concerns over what it called “questions and ambiguities” in the registry. In turn, the GMA urged the FDA to remain flexible, and to help work through potential ambiguities, as the new regulations go into effect.

For additional information on the registry and reporting requirements, please visit www.fda.gov/ReportableFoodRegistry

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According to the FDA, Kellogg has announced a voluntary and precautionary recall of various waffle products produced at its Atlanta facility.

During routine sampling of a product that had not been distributed into commerce, Listeria was discovered in a product sample. In turn, Kellogg elected, in an abundance of caution, to issue a voluntary and precautionary recall of a limited number of products produced at the same facility. Click on the following link to view the FDA Recall Release.

The following waffle products are affected by the precautionary recall:

• Kellogg's® Eggo® Cinnamon Toast waffles, 10-count package, UPC code 3800040440 with Best If Used Before" dates beginning with:NOV22 10 EA, NOV23 10 EA and NOV24 10 EA.

• Kellogg's® Eggo® Toaster Swirlz™ Cinnamon Roll Minis eight-count package, UPC code 3800023370 with a "Best If Used Before" date beginning with NOV15 10 EA.

Following the discovery of the single positive sample, Kellogg also immediately and voluntarily ceased production at its Atlanta facility, began an investigation to determine a possible cause of the contamination, and also initiated a regimen of cleaning and sanitizing. According to reports, Kellogg plans to fully execute its hygienic restoration plan under GDA before it resumes any production at the facility.

It is also important to note that the recall is a precautionary measure and, to date, no reported illnesses have been associated with the consumption of any Kellogg waffle products.

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According to the FDA, Ocean Mist Farms has announced a precautionary and voluntary recall of 1,746 cases of iceless green onions. The announcement follows confirmation from federal regulators of a positive test for Salmonella on iceless green onions.

Although no Ocean Mist Farms’ product was identified, the positive sample did come from onions supplied by Circle Produce to several shippers, including Ocean Mist Farms. Thus, in an abundance of caution, the company elected to initiate a precautionary and voluntary recall. Click on the following link to view the FDA Recall Release.

The specific recalled iceless green onion pack styles and code dates are as follows:

• 4 x 12 count

• 2 x 24 count

• 24 count 5.5oz Cello Bag

• 36 count 5.5 oz Cello Bag

• 40 count 5.5 oz Cello Bag

Trace Back Code:  95ONCP7G

Production Dates: 80309; 80709; 80809; 81109; 81209; 81309

Because it is possible that a small amount of this product may have already been purchased by consumers, anyone who may have purchased onions with the trace back codes listed below should dispose of the product.

It is also important to note that, to date, there have not been any reported illnesses associated with the consumption of these products. Nevertheless, according to Ed Boutonnet, President of Ocean Mist Farms, “[t]he health and safety of our customers and their consumers always comes first. As soon as we learned of the positive test, it became our immediate responsibility to begin a voluntary recall of the product in the interest of protecting public health.”

The company also announced that it has suspended receiving any Circle Produce green onions. Instead, Ocean Mist Farms will continue to provide green onions from its own growing and packing operation.

Ultimately, Ocean Mist noted that the current inspection scheme is “having a positive effect in ensuring food safety.” In turn, following the positive sample in this case, the company was able to quickly and effectively trace back and recall all potentially affected products.

For additional information, consumers can also visit www.oceanmist.com.

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The battle for food safety continues to be waged on multiple fronts.

In addition to testing and developing new technologies (beyond cooking) to reduce naturally occurring pathogens in food, researchers are now looking for ways to defeat pathogens in our bodies.

As we reported previously, continuing NASA research might soon lead to a Salmonella vaccine. And now, we have learned, the United States military has joined the fight. According to the Washington Post, a new scientific breakthrough recently announced by the Naval Medical Research Center suggests that a Campylobacter vaccine may be on the way as well.

Campylobacter is well known as a leading cause of food-borne illness. According to some studies, the pathogen may be responsible for as many as two million cases in the United States each year, and cause several hundred million more worldwide. The infection can also (in some instances) be difficult to treat because of widespread antibiotic resistance.

Nevertheless, after a quarter century of research, Navy scientist Patricia Guerry may have discovered the path to a vaccine which will inhibit the bacteria’s ability to attach to our intestinal lining and cause illness. Indeed, as explained by the Washington Post:

Guerry, a molecular microbiologist, began her work in the 1980s and over time created new research tools that allowed her to identify the pathogen's unique genetic, biochemical and structural features. This led to the development of a vaccine that neutralizes the bacteria's ability to attach to the intestinal lining.

The vaccine candidate against the pathogen Campylobacter jejuni, developed by Guerry, her colleagues at the U.S. Naval Medical Research Center in Silver Spring and Canadian scientist Mario Monteiro, successfully protected against infection in monkeys during testing last year and is slated for human clinical trials.

If true, this may be the first known (and, promising) food-borne illness vaccine actively tested on humans. And, although Guerry has been conducting her research as part of an ongoing effort to better protect U.S. soldiers oversees, her research, of course, may very well have a profound impact on the rest of the nation – and world. Click on the following link to read the Full Story.

In any event, this is great news for industry and consumers alike. We proudly salute Guerry and, of course, the rest of her team.

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According to the FDA, Melon Acres has announced a voluntary and precautionary recall of cantaloupes because they may have the potential to be contaminated with Salmonella.

The cantaloupes affected by the voluntary recall were distributed through Farm-Wey Produce (of Lakeland, Florida) between August 13 and 14, 2009. The cantaloupes, identified as 41 MG 10, Bin Numbers 4753-4980, were shipped to Aldi's in Greenwood, Indiana and to Meijer in Lansing, Michigan, Newport, Michigan, and Tipp City, Ohio. Click on the following link to view the FDA Recall Release.

The recall was issued following routine testing by the FDA on Tuesday, August 11, 2009, which revealed that a single sample (from twenty cantaloupes taken by the Agency) tested positive for Salmonella. The FDA reported the positive test to Melon Acres on Friday, August 21, 2009.

In turn, the FDA and Melon Acres worked together to identify the field in which the positive sample was grown. According to the company, no further shipments will be made from the source field. Additionally, on August 7, 2009, Primus Labs, a third party food safety auditing firm specializing in produce, inspected Melon Acres' fields and facilities regarding its food safety practices. Melon Acres received grades of excellent/good respectively, in this audit.

It is also important to note that, to date, there have been no reported of illnesses associated with the consumption of these products. Further, the company wishes to assure the public that stringent Food Safety Programs are in place at its shipping locations and fields, and is working closely with the FDA to identify the potential source of contamination.

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Like many people, I enjoy an occasional, cold, high-quality beer. Whether it’s imported or domestic, a lager, ale, pilsner or stout, few things beat sipping from a cold mug on Sunday.

There is a one pub/restaurant in particular that I frequent, not just for their excellent selection of beer, but also for the wonderful hamburgers they serve. I’ve heard them called the best in the city. They have butter buns and are grilled in such a way that even when cooked medium well, they stay juicy and flavorful.

Well, I stopped in the other day around two p.m. Given that it was mid-afternoon, and a Sunday, the place was nearly deserted. So, I grabbed the seat near the window, which is almost always taken, and ordered a Smithwick's Irish Ale. When I looked up, I realized that I had a clear view right into the kitchen. This, I knew, could be a good or a bad thing. I loved the food here, and knowing what goes on in the kitchen could quickly ruin what has become one of my favorite destinations.

Naturally, my curiosity got the best of me. Much to my delight, I had no complaints. The cook, I soon found out, was named Ron. He kept the kitchen spotless. He washed his hands multiple times while preparing my meal . Nothing which needed to be refrigerated stayed out for more than a minute or two, and all surfaces were sanitized immediately after being used.

After finishing my hamburger, which was amazing, Ron came out of the kitchen. He was off work. I called him over and after complimenting his culinary skill I commented on how impressed I was by the cleanliness he demonstrated.

He looked at me with an almost shocked expression on his face and said,

“Well of course my kitchen is clean. How would I feel if someone got sick on my watch?” He paused and then and said, “My wife and children eat here.”

I was, naturally, very impressed. I offered to buy him a beer. He declined politely, telling me he didn’t much like beer. Well, I thought to myself, nobody’s perfect.

In any case, Ron is our newest Food Safety Hero. If you see him this weekend, or someone like him, please take a moment to say "thanks."

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According to the FDA, Quesos Mi Pueblito has announced a voluntary recall of certian cheese products because they may have the potential to be contaminated with Listeria monocytogenes. Click on the following link to view the FDA Recall Reslease.

The specific products affected by the recall, with "sell by dates" from February 2, 2009 to the present, are as follows:

• LA FE OAXACA STRING CHEESE: [USP: 0 23545 40115 6] 14 oz. pack (plastic package);

• EL VIEJITO OAXACA CHEESE: [USP: 7 18122 18071 4] 14 oz. pack, 10 lb. ball (plastic package);

• MI PUEBLITO COTIJA/AñEJO: [USP: 0 24077 10221 4] vacuum packed in plastic wrap by specific weight (plastic wrapped);

• MI PUEBLITO CUAJADA FRESCA: [USP: 0 24077 10216 0] 14 oz. pack (plastic wrapped);

• MI PUEBLITO QUESO COLOMBIANO DE ARRIERO: [USP: 0 24077 10219] 1 / 8 oz. pack (plastic package);

• MI PUEBLITO QUESO MOLIDO: [USP: 0 24077 10211 5] 14 oz. pack (plastic package);

• MI PUEBLITO QUESO COTIJA TRIANGULO: [USP: 0 24077 10220 7] 14 oz. pack (plastic package);

• MI PUEBLITO QUESO FRESCO: [USP: 0 24077 100258] 14 oz. pack, 10 lb. ball (plastic package);

• MI PUEBLITO QUESO FRESCO DE RANCHO: [USP: 0 24077 10215 3] 14 oz. pack (plastic clam shell container, plastic wrap);

• MI PUEBLITO QUESO CASERO: [USP: 0 24077 10222 1] 14 oz. pack (plastic clam shell container, plastic wrap);

• MI PUEBLITO QUESO OAXACA: [USP: 0 24077 10224 5] 14 oz. pack (plastic package);

• MI PUEBLITO REQUESON: [USP: 0 24077 10200 9] 15 oz. pack (plastic package); and

• MI PUEBLITO SERRANO: [USP: 0 24007 10200 0] 16 oz. pack (plastic package).

The recalled products (produced by the company in Passaic, New Jersey) were distributed through Puebla Foods, Inc. to retail stores and wholesalers in New Jersey, New York, Maryland, Delaware, and Virginia. Click on the following link to view the affected Product Labels. The potential problem was discovered through routine sampling and analyses conducted by the New Jersey Department of Health.

It is also important to note that, to date, no illnesses have been associated with the consumption of these products. Nevertheless, consumers who have purchased these products are urged to return them to the place of purchase for a full refund.

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All living creatures carry bacteria, and cattle are no exception. For this reason, naturally occurring pathogens may always remain, at least to some extent, an inherent part of the food we eat. And, according to new research, this basic tenet holds true whether beef cattle are raised conventionally, organically or even naturally.

In new study conducted by Kansas State University, researchers have found that the prevalence of E. coli O157:H7 in cattle that are organically or naturally raised is no different than the prevalence in cattle raised conventionally. The study also found that, when compared to conventionally raised beef cattle, organic and natural production had no impact on the antibiotic susceptibility of the bacteria.

As part of the recent study, researchers collected fecal samples from both organically and naturally raised beef cattle, and then tested for the presence of E. coli O157:H7. Results showed prevalence rates of 14.8% in organically raised cattle, and 14.2% in naturally raised cattle. According to the researchers, the E. coli levels were comparable to those previously identified in cattle that had been conventionally raised. Additionally, when the minimum inhibitory concentration of a variety of antibiotics for E. coli O157:H7 isolates were analyzed to determine the effects of all three production systems, no significant difference in antibiotic susceptibility was found. The findings of the study are detailed in the August 2009 issue of Applied and Environmental Microbiology.

Notably, in response to a recent increase in reported food-borne illness outbreaks, and a corresponding shift in consumer demand for organic and natural foods, many cattle farmers have considered shifting toward organic-based production methods. The new study suggests, however, that although organically and naturally raised beef may be popular for their assumed health benefits, neither have demonstrated any effect on the prevalence of naturally occurring pathogens.

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For many of us, there is nothing better than the first bite of a delicious steak. Whether it is a sirloin, tenderloin, or perhaps grill-fired New York Strips shared with family and friends, there is a lot to be said for a good cut of beef.

This also, however, raises an important question. Beyond tasting delicious, to what extent is meat really an integral part of a healthy diet?

Many Vegetarians assert that among other things, living as a Vegetarian improves health. An Australian-Vietnamese study published in the July 2 edition of the American Journal of Clinical Nutrition, however, disputes this concept. The research has shown that Vegetarians can have as much as a 5 percent lower bone density than individuals who consume meat. Vegans are potentially worse off, at 6 percent.

The Mayo-Clinic states that a vegetarian lifestyle can lead to a number of necessary vitamin deficiencies. They include:

• Protein. Your body needs protein to maintain healthy skin, bones, muscles and organs. Vegetarians who eat eggs or dairy products have convenient sources of protein. Other sources of protein include soy products, meat substitutes, legumes, lentils, nuts, seeds and whole grains.

• Calcium. This mineral helps build and maintain strong teeth and bones. Low-fat dairy foods and dark green vegetables, such as spinach, turnip and collard greens, kale, and broccoli, are good sources of calcium. Tofu enriched with calcium and fortified soy milk and fruit juices are other options.

• Vitamin B-12. Your body needs vitamin B-12 to produce red blood cells and prevent anemia. This vitamin is found almost exclusively in animal products, including milk, eggs and cheese. Vegans can get vitamin B-12 from some enriched cereals, fortified soy products or by taking a supplement that contains this vitamin.

• Iron. Like vitamin B-12, iron is a crucial component of red blood cells. Dried beans and peas, lentils, enriched cereals, whole-grain products, dark leafy green vegetables, and dried fruit are good sources of iron. To help your body absorb nonanimal sources of iron, eat foods rich in vitamin C — such as strawberries, citrus fruits, tomatoes, cabbage and broccoli — at the same time you consume iron-containing foods.

• Zinc. This mineral is an essential component of many enzymes and plays a role in cell division and in the formation of proteins. Good sources of zinc include whole grains, soy products, nuts and wheat germ.

Although most of these vitamins can be replenished by taking supplements and eating things like tofu-dogs, cod liver oil and soy burgers, it does seem like a lot of work.

So, as delicious as a lentil wrapped wheat germ biscuit may be, rest assured that a delicious, perfectly cooked steak with some garlic butter, red potatoes and a glass of cold milk will, indeed, do wonders for your health.

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According to the FDA, SUPERVALU has announced a voluntarily recall of frozen Culinary Circle Gourmet Macaroni and Cheese products because they may have the potential to be contaminated with listeria monocytogenes.

The products affected by the recall include Culinary Circle Gourmet Macaroni and Cheese (a frozen product) sold in 38 oz. packages with a UPC# of 41130 38704. The products were sold at numerous SUPERVALU-owned stores including Acme, Albertsons, biggs, Cub Foods, Farm Fresh, Hornbacher’s, Jewel-Osco, Lucky, Shaw’s/Star Market, Shop ‘n Save, and Shoppers Food & Pharmacy. Click on the link to view the FDA Recall Release.

It is important to note that there have been no reported illnesses associated with the consumption of these products. Rather, the possibility for contamination was identified through routine microbiological sampling at the manufacturing facility.

In turn, because the safety of its customers is a top priority of the company, SUPERVALUE has elected, in an abundance of caution, to issue a precautionary and voluntary recall of these products.  Health officials also remind consumers that thoroughly cooking all raw foods will typically destroy any pathogens that may be present, and render such products safe

Customers who have purchased the affected product can bring it back to their SUPERVALU-owned store for a full refund or exchange.

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Salmonella has dominated the news as of late. Once an illness thought to come only from runny eggs and raw chicken, it has now been found in a wide variety of foods including peanuts, dried gelatin, and, bizarrely, frog legs. The recent PCA Salmonella outbreak was perhaps the largest in history.

Salmonella has been around for a long time, causing illness in humans for at least one hundred years. Now, science may be on the verge of finding a vaccine. The fight for a vaccine is taking place in labs across our world – as well as in others beyond it.

Astronauts have been conducting Salmonella experiments aboard the International Space Station with results that have been both surprising and promising. Previous studies have shown that weightlessness can have a dangerous affect on bacteria and pathogens. Early data indicated that Salmonella became much more virulent in a zero gravity environment. The studies were conducted as a corollary to the well documented loss of immunity in micro-gravitational environments and the fear that astronauts might be more susceptible to food-borne illness.

Further research, however, has led to the discovery that Salmonella’s virulence can not only be controlled, it can actually be turned off. The discovery sent shockwaves through the scientific community and carries with it incredible ramifications.

If the infectious part of Salmonella can be negated, then it is possible for the pathogen to be introduced to our bodies without causing illness. This, potentially, would allow our immune system to develop immunity without ever having to experience the symptoms.

Here on Earth, at the Institute of Food Research in Norwich, UK, researchers are also close to finding a vaccine. They have shown, after a number of breakthroughs that Salmonella relies on glucose for its own survival during the infection stage. While seemingly trivial, the discovery allows for the possibility of a vaccine not just against Salmonella and other food-borne pathogens, but also a range of other superbugs.

“This is the first time that anyone has identified the nutrients that sustain Salmonella while it is infecting a host’s body,” said Dr. Arthur Thompson, IFR group leader. “Our experiments showed that glucose is the major sugar used by Salmonella during infection,” said Dr Thompson.

Scientists believe they can turn off the cells ability to absorb glucose which would render them incapable of replicating. The salmonella would, however, continue to stimulate an immune response which would eventually lead to immunity.

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According to FSIS, Sterling Pacific Meat Co. has announced a voluntary recall of approximately 3,516 pounds of ground beef products that may be contaminated with E. coli O157:H7.

The ground beef products affected by the voluntary recall were produced by the company (located in California) on May 18, 2009, and were distributed at the wholesale level to food service companies, who further distributed the product to restaurants in California and Arizona. FSIS has no reason to believe that the products are available for sale in commerce. Click on the following link to view the FSIS Recall Release.

The specific products subject to recall include:

Fatburger Brand:

• 20-pound packages of "8 oz. PUCK (80/20) GROUND BEEF PATTIES."

• 10-pound "2.5 oz. BABY GROUND BEEF PATTIES."

Cattleman's Choice Brand:

• 12-pound packages of "6 oz ROUND 80 % LEAN PURE GROUND BEEF PATTIES." Each package bears the identifying case code "13627."

• 12-pound packages of "(3/1) ROUND 80% LEAN PURE GROUND BEEF PATTY." Each package bears the identifying case code "13582."

• 12-pound packages of "(3/1) ROUND 80% LEAN GROUND BEEF PATTIES." Each package bears the identifying case code "10457" and the pack date "05/18/2009."

• 12-pound packages of "GROUND BEEF PATTY (8/1) SLIDER 80% LEAN." Each package bears the identifying case code "13657" and the pack date "05/18/2009."

• 12-pound packages of "(4/1) ROUND 85% LEAN PURE GROUND BEEF PATTY." Each package bears the identifying case code "13575" and the pack date "05/18/2009."

• 12-pound packages of "PURE GROUND BEEF PATTY 7oz WIDE PATTY 80% LEAN." Each package bears the identifying case code "13520" and the pack date "05/18/2009."

• 12-pound packages of "PURE GROUND BEEF PATTY (7/1) ROUND PATTY 80% LEAN." Each package bears the identifying case code "13577" and the pack date "05/18/2009."

• 11.80-pound packages of "PURE GROUND BEEF PATTIES 7 oz ROUND 80% LEAN." Each package bears the identifying case code "13520" or "13561" and the pack date "05/18/2009."

The packages also bear the establishment number "EST. 550" within the USDA Mark of Inspection and advise "KEEP REFRIGERATED" and/or "KEEP FROZEN."

The problem was discovered by FSIS during a review of the establishment's records. To date, there have been no reported 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.

AUGUST 15, 2009 UPDATE:

Please note that the FSIS Recall Release was on updated Aug 15, 2009 to correct a product description in the original release. The updated release makes it clear that one of the recalled brands is "Cattleman's Choice," not "Stock Yards Brand." "Stock Yards Brand" products are not subject to this recall. Please note that product labels subject to recall are similar, but recalled products would read "Cattleman's Choice" instead of "Stock Yards Brand."

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NewStar Fresh Foods (based in California) has announced a precautionary recall of 772 cartons of iced jumbo green onions (under the brand names Omo and Fu Choy) which could potentially be contaminated with Salmonella.

According to the FDA, The onions were distributed from three locations, R.A.M. Produce Distributors of Detroit, Michigan, Franzella Distributing of San Francisco, California, and United Food Service of East Point, Georgia. Click on the following link to view the FDA Recall Release.

The product was packaged in a 48-count iced carton, with item numbers 02487403 and 02487452, product lot numbers 40550707 and 40510707, and production dates of July 20th and July 21st 2009. No other food service distributors or products are involved in this recall. Notably, all affected product within the foodservice channel has already been accounted for and destroyed.

58 cartons were shipped from two distributors to small grocery outlets in the Detroit and San Francisco areas. Consumers in California may have purchased the product from Larry’s Produce in Fairfield, La Loma Produce, Good Life Grocery and El Grande, all San Francisco, and Valley Produce & Meat Market, San Pablo. Consumers in Michigan may have purchased the product from Confers Supermarket in New Lothrop, Ryan’s Food in Detroit, Brothers Supermarket and Al Jazeera Market in Dearborn and Sahara Market in Warren.

Although it is likely that the jumbo green onions are now beyond their usable life, the voluntary recall is being issued by the company out of an abundance of caution for consumer well-being in the possible event some consumers might have purchased from the listed retail outlets and still have the product in their home refrigerators.

The company is working closely with regulatory authorities at the state and federal levels to inform consumers in Detroit and San Francisco areas who may have purchased the product. To date, there have been no illnesses associated with the consumption of this product.

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Adams Extract and Spice has announced a voluntary recall of various spice products following the discovery of Salmonella during routine product testing.

The spice products being recalled were processed using a specific lot of ground red pepper supplied by Van de Vries Spice Corporation (located in New Jersey). Although the lot of ground red pepper initially tested negative for Salmonella, a second sample drawn from the same lot reportedly confirmed positive for the pathogen.

The products affected by the voluntary recall were distributed in Texas, Louisiana, and New Mexico through retail stores, mail order, internet sales and direct delivery.

Click on the following link to view a copy of the FDA Recall Release. The specific products subject to the recall include:

Items in clear plastic (PET) bottles with yellow caps:

• Adams Cayenne Pepper 2.61 oz Best by date 060311-060711, 062711-070111, 071811-072211, 080111-080511;

• Adams Brisket Rub 13.47 oz Best by date 062111-062511, 062711-070711;

• Adams Brisket Rub 8.5lbs Best by date 062811-070211;

• Adams Multi-Season Seasoned Salt 14.46 oz. Best by date 070511-070911;

• Adams Multi-Seasoning 30 oz. Best by date 071111-071511;

• REX Cayenne Pepper Ground 6.98 oz. Best by Date 072111-072511, 071111-071511; and

• REX Cayenne Pepper 16 oz. Best by Date 071111-071511.

Items in french square glass bottles with silver-tone caps:

• Adams Reserve Cajun Seasoning 4.93oz. Best by date 061011-061711, 071311-071711.

Items in translucent polypropylene jars with translucent caps:

• Carniceria Texas Red All Purpose Seasoning Adams 14.25oz. Best by date 061711-062111; and

• Carniceria B-B-Q Seasoning Adams 15.07oz. Best by date 061611-062011.

Items in red trimmed "cello" packages:

• REX Crab Boil Ready Mix 64 oz.

Items in green trimmed "cello" packages:

• REX Fish Fry 10 oz.

To date, there have been no reported illnesses associated with the use of these products. Consumers who have purchased these products, however, are being urged by the company to return them to the place of purchase.

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BY Guest Blogger James Marsden

About a year after the 1993 Jack-in-the-Box E. coli O157:H7 outbreak, I moved from the AMI Foundation in Washington, DC to KSU in Manhattan, Kansas to join their beef safety research group. Some of the first people I met in Kansas were Lee Borck, Kenny Knight and Andrew Murphy, three beef producers and co-founders of The Beef Marketing Group (BMG), www.beefmarketinggroup.com.

We had discussions then about pre-harvest food safety and its importance in an integrated food safety system for control of E. coli O157:H7. At a time when very little was being done in this segment, BMG initiated a comprehensive program called “Progressive Beef” that included HACCP at beef feedlots, quality systems, domestic source verification and a plan to address animal handling and welfare. They also implemented a Natural Beef program in which hormones and antibiotics are never administered, no animal byproducts are used in feed and cattle are sourced and age verified from birth.

Recently, I visited one the BMG feedlots near Great Bend, KS and reviewed the food safety and animal welfare programs that had been put in place over the past several years. HACCP is strictly voluntary for beef producers, but BMG’s HACCP system is as well designed and comprehensive as if were a regulatory requirement. There are also extensive animal handling systems and training for BMG employees and drivers who transport cattle. The animal identification and traceability systems are amongst the best in the industry.

All of this was impressive, but what I found to be most notable, was that all of the work and capital that were required to achieve these remarkable results happened because of BMG’s vision and commitment to food safety, sustainability and animal welfare. None of it was required by federal regulations.

At the time BMG made these commitments, considerable investments were required and there was no assurance that they would ever be recovered. As it turned out, there are plenty of customers who like the safety and quality elements of the BMG systems, including Natural Beef and are willing to pay a premium to get them.

For years, the beef industry has had to operate in a world in which the retail value of beef products didn’t allow for profitability between all sectors. The BMG systems add value to beef and that added value supports profitability for beef producers, packers and retailers.

The founders of the Beef Marketing Group decided to produce products that meet consumer expectations. The result is one of the most successful beef production companies in the world.

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Health officials throughout the country are investigating a new Salmonella outbreak which has potentially sickened dozens nationwide.

According to the Colorado Department      of Public Health and Environment ("CDPHE"), the outbreak involves an antibiotic-resistant strain of Salmonella Newport. In Colorado, at least 21 people have been sickened in 10 counties, and four of the victims have been hospitalized. Although no conclusions have been issued regarding the source of the outbreak, preliminary indications suggest that the outbreak could potentially be associated with the consumption of undercooked ground beef. Click on the following link to view a copy of the CDPHE News Release.

According to the CDPHE, eight other states have reported cases that are related to the ongoing outbreak. The USDA, CDC and numerous state health agencies are cooperating in the ongoing investigation.

Although the Colorado news release did not specifically identify the other states involved in the investigation, one of them, reportedly, could be Maine.  On July 31st, the Maine Center for Disease Control and Prevention alerted health care providers and lab directors throughout the state to an outbreak of salmonellosis due to "an unusual type of Salmonella." Six cases have been confirmed in three counties. At least two of the isolates recovered from patients in this outbreak are resistant to the antibiotic ampicillin. Click on the following link to view a copy of the Maine News Release.

All of the Colorado and Maine outbreak cases developed in late June and early July.

The CDPHE, of course, is reminding consumers and food handlers to handle ground beef properly to avoid cross contamination, and to cook ground beef thoroughly. The FSIS likewise reminds consumers that thoroughly cooking raw beef products to an internal temperature of 165 degrees will destroy any pathogens that may be present, and will render the products safe.

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Agriculture Secretary Tom Vilsack and Health and Human Services Secretary Kathleen Sebelius have announced that “prevention and partnership” will guide their departments' efforts to safeguard our food supply. These announcements are based on the public health principles embraced by the White House Food Safety Working Group led by Sebelius and Vilsack.

According to Vilsack, "making prevention a priority is critical to reducing food-borne illness and one of the three food safety principles of President Obama's Food Safety Working Group.” In turn, Vilsack and Sebelius announced the following new initiatives designed to accomplish these goals.

Beef Safety - E. Coli Testing Of Bench Trimmings

For starters, the USDA's Food Safety Inspection Service (FSIS) is issuing guidance for inspectors to begin conducting routine sampling of bench trim for E. coli. In the past, the FSIS had not routinely tested bench trim. Rather, FSIS started E. coli O157:H7 testing with ground beef, and expanded testing to other beef components used in ground beef. Bench trim, which will now be tested as well, includes pieces left over from steaks and other cuts that are then used to make ground beef. FSIS is also issuing streamlined, consolidated instructions to its personnel for inspection, sampling and other actions to help reduce E. coli O157:H7 in beef. Click on the following link to view a copy of the FSIS Sampling Notice.

Produce Safety – New Draft Guidance

Secretary Sebelius also praised new draft guidances prepared by the FDA, an agency within HHS, aimed at minimizing contamination in leafy greens, tomatoes, and melons. According to Sebelius, "the proposed controls provide a guide for growers and processors to follow so they may better protect their produce from becoming contaminated." The draft guidances also represent a shift in strategy for the FDA, from a food safety system that often has been reactive to one that is based on preventing food-borne hazards. Click on the following link for information on the Draft FDA Guidances.

Although the new controls are aimed at preventing contamination in the first instance, Secretary Sebelius also confirmed that consumers play a vital role in ensuring the safety of the fresh produce they eat. In turn, she offered the following tips from the CDC:

• Buy wisely. Don't buy produce that is bruised or damaged. When buying fresh cut produce, choose only items that are refrigerated or surrounded by ice.

• Refrigerate promptly. Certain perishable fresh fruits and vegetables (e.g., strawberries, lettuce, herbs, and mushrooms) should be stored in a clean refrigerator at a temperature of 40ºF or below. If you aren't sure whether an item should be refrigerated, ask your grocer. Produce that is purchased pre-cut or peeled should be refrigerated within two hours.

• Prepare produce with clean hands. Wash hands for 20 seconds with warm water and soap before and after preparing fresh produce.

• Wash produce thoroughly. Rinse fruits and vegetables under running water. Scrub firm produce such as melons and cucumbers with a clean produce brush. All unpackaged fruits and vegetables, as well as those packaged and not marked pre-washed, should be thoroughly rinsed before eating. This includes produce grown conventionally or organically at home, or produce from a grocery store or farmer's market.

• Do not cross contaminate. Don't give bacteria the opportunity to spread from one food to another. Consider using one cutting board only for foods that will be cooked such as raw meat, and another one for ready-to-eat foods such as raw fruits and vegetables.

According to FDA Commissioner Margaret A. Hamburg, the new draft guidances embody the Administration’s and FDA’s prevention-oriented food safety strategy.” She also confirmed that, while the proposals are still in draft form, “they will be made final as soon as possible after public comment, and will be followed within two years by enforceable standards for fresh produce.”

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After failing to pass a  vote in the House of Representatives on Wednesday (July 29), the Food Safety Enhancement Act of 2009 (H.R. 2749) returned to the House floor for a second vote on Thursday (July 30).  

On the second try, the Dingell-Waxman bill, designed to modernize the FDA’s food safety authority, passed by a vote of 283 - 142. Click on the following link for a summary of the legislation.

Key provisions of the bill include the following:

• Inspections: Food and Drug Administration inspections of food facilities would increase from about once every 10 years to at least annually for high-risk facilities and at least once every three years for facilities deemed a low risk. FDA inspectors will have access to company records.

• Registration: Food processors, importers and other food handlers must register annually with the FDA and pay a yearly fee of $500 for each food facility.

• Recalls: The FDA could mandate the recall of tainted foods, instead of relying on food makers to pull items voluntarily.

• Safe practices: For the first time, the FDA could set standards for safe production of food on farms, as well as require food manufacturers to meet safety standards.

The 132-page bill now goes to the Senate where Illinois Democrat Dick Durham is waiting with his own bill.   Any differences between the House and Senate versions will likely be resolved by Conference Committee. Reportedly, President Obama already endorsed the House bill before Thursday’s successful vote.

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According to FSIS, King Soopers has announced a voluntary recall of various ground beef products after learning the products could potentially be linked to an ongoing Salmonella outbreak. The possible association is being investigated by the Colorado Department of Health.

Approximately 466,236 pounds of ground beef chubs, tray packs and patties (processed in Denver, Colorado) are affected by the voluntary and precautionary recall. The products were processed on various dates between May 23, 2009 and June 13, 2009, and bear Establishment Number "EST. 6250." In turn, the ground beef chub products bear a use-by/sell-by date between "05/31/09" and "06/21/09;" the tray packs of ground beef bear a use-by/sell-by date between "06.02.09" and "06.23.09;" and the ground beef patty products bear a use-by/sell-by date between "06.01.09" and "06.22.09." The products were distributed to retail establishments in Colorado, Kansas, Missouri, Nebraska, New Mexico, Utah and Wyoming. The products (produced in Denver, Colorado). Click on the following link to view the FSIS Recall Release.

The specific products subject to recall include:

• 1-pound chubs of (93/7) ground beef. Each package bears the identifying case code "69558."

• 1 - 1.25-lb. tray packs of (96/4) ground beef. Each package bears the identifying case code "67164."

• 1 - 1.25-lb. tray packs of (96/4) ground beef. Each package bears the identifying case code "67664."

• 1 - 1.25-lb. tray packs of (93/7) ground beef. Each package bears the identifying case code "67663."

• 1 - 1.25-lb. tray packs of (93/7) ground beef. Each package bears the identifying case code "67163."

• 2.5 - 3-lb. tray packs of (93/7) ground beef. Each package bears the identifying case code "67654."

• 6-pack trays of (93/7) ground beef patties. Each package bears the identifying case code "67106."

• 4-pack trays of (93/7) ground beef patties. Each package bears the identifying case code "67115."

As a result of an ongoing investigation into an outbreak of Salmonella Typhimurium DT104 potentially associated with ground beef, the Colorado Department of Public Health notified FSIS of the problem. Epidemiological investigations, and a case control study, conducted by Colorado Department of Health and CDC determined that there may be an association between the fresh ground beef products and 14 illnesses reported in Colorado.

Although the FSIS has no reason to believe that the products are still available for sale in commerce, the agency is nevertheless advising consumers that may have purchased the fresh ground beef between May 23 and June 23, 2009, and who may still have the products in their freezers, to look for and discard any potentially affected products.

As always, 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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Researchers at the University of Arkansas have discovered some new ways to greatly inhibit the presence of pathogens in food.

According to a recent study, infusing chicken meat with a combination of organic acids (acetic, citric, lactic, malic and tartaric) and select plant extracts (from grape seeds and green tea) can drastically reduce the amounts of E. coli O157:H7, Listeria monocytogenes and Salmonella Typhimurium that may be present.

Not suprisingly, even better results were obtained when the expirimental technique was coupled with small amounts of irradiation.  In this regard, the researchers believe that a combination of organic acids and plant extracts, coupled with very small amounts of irradiation, could ultimately provide the optimal amount of protection against a wide range of food-borne illnesses.

According to Navam Hettiarachchy, a UA food science professor who supervised the project, "we want to determine the least amount of plant extracts that we can use, and the least amount of irradiation dosage, to get the best inhibitory effect."

Although research is continuing, Hettiarachchy has confirmed that at least one poultry company has expressed interest in the project. In turn, to achieve the maximum food safety benefit, Hettiarachchy also remains "hopeful that, with time, the public will become aware of irradiation processing so that they accept [the technology]." 

Although we'll leave it to others to interpret those tea leaves, we will, at the very least, continue to report on new developments. 

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Tanimura & Antle (located in Salinas, California) has announced a voluntary recall of various romaine lettuce products following a finding of Salmonella in a random sampe taken by the Wisconsin Department of Agriculture. Immediately after being informed of the positive test result, the company initiated comprehensive trace-back efforts, and was able to contact all customers within hours. Those buyers have been told to destroy the lettuce.

The recalled lettuce, which had been distributed to retail, foodservice and wholesale customers in 29 states, was harvested between June 25 and July 2, 2009. The specific products affected by the recall include cartons of bulk and wrapped lettuce with a lot code 531380. Click here to view a copy of the Company Press Release.

According to Tanimura & Antle, the affected products were distributed to the following states: Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, Missouri, Nebraska, New Hampshire, New Mexico, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, Wisconsin and Wyoming.

Chief executive officer Rick Antle stated that Tanimura & Antle practices strict food safety guidelines. Additionally, despite the lettuce being past its shelf life, he cited an "abundance of caution" in issuing the recall. "We will continue to review opportunities for improvement," Antle said. “Although the recalled product is well beyond the 14-16 day shelf life, we are voluntarily issuing this recall because we want to ensure that we minimize even the slightest risk to public health.”

To date, there have been no reports of illness associated with the lettuce. Moving forward, the company also stated that it will continue to update its website with more information. Consumers with questions, or who need information, may call Tanimura & Antle at 1-877-827-7388.

AUGUST 3, 2009 UPDATE:

On August 3, 2009, Tanimura & Antle expanded the geographic scope of its original recall to include product distributed to all 50 states.  Although the volume of cases from the single recalled lot (which is identified above) has not changed, the company recognizesd the possibility that some customers may have distributed the romaine in states beyond the original 29 -- thus, prompting the expansion. Click on the following link to view a copy of the Updated Recall Release.

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Anyone associated with the food industry appreciates the critical importance of sanitation, the most basic and important aspect of which is proper hand washing.

Notably, eighty percent of all illnesses and infections are transported by touch. In turn, according to the World Health Organization, an individual who washes their hands often is 24 percent less likely to acquire a respiratory illness, and 45 percent to 50 percent less likely to get a stomach bug.

Fortunately, with each passing moment, science and technology lead to new innovations which enhance our knowledge of food-borne illness, as well as our ability to combat it. One of these innovations, while currently being used only in hospitals, may potentially have wide-ranging applications in the food industry as well.

The system, known as Hygreen, enables companies to monitor and keep track of hand washing. It is currently being tested in the Neuro-Intensive Care Unit of Shands, at the University of Florida Medical Center. The units require an employee to simply run their hands beneath a wall mounted sensor which can detect the presence and level of soap on the individual’s hands. If the employee’s hands are clean, a green light turns on.

Conversely, if the sensor detects low levels of cleanliness, or that too much time had elapsed between hand washings, a badge worn by the employee will vibrate softly. The badges and sensors communicate wirelessly with a computer which logs the collected information and can monitor compliance.

"I do wash my hands more often," said nurse Carrie McGirr, R.N., who volunteered to help test the HyGreen system. "It's a fairly simple process to learn."

While seemingly basic, proper hand washing requires one to follow certain basic guidelines which should be both trained and enforced.

Put simply, one should scrub vigorously with water and soap until lather appears, making sure to get between fingers and fingernails. This should be done for at least 20 seconds. Briskly dry with a towel.

While better than nothing, the popular sanitizing hand gels have been shown to be far less effective than hand washing. The reason for this is simple. When you use a hand sanitizer, the bacteria and viruses have no where to go so they remain on your hands. Conversely, when you use soap and water the germs are washed down the drain. A vigorous drying with a towel will ideally get rid anything that washing left behind.

Air dryers, once popular, are seen less and less frequently. They are generally thought to take too long to finish the job of drying, and studies have shown that paper towels are actually more effective at removing dirt and bacteria.

It is possible, however, that they will make a resurgence. At least that’s what the people at Dyson hope. The Dyson AirBlade is similar to other air dryers but it uses room temperature air which is blown out at over 400mph. It is a futuristic looking machine that is supposed to dry hands completely in less than ten seconds.

We are only left pondering, however, whether the AirBlade is strong enough to help open the bathroom door . . .

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Chang Farms (of Whatley, Massachusetts) has announced a voluntary recall of select Soy Bean Sprouts following the discovery of Listeria monocytogenes during FDA product testing.

The affected products were labeled under the Chang Farm Brand as “Soy Sprouts,” and have a “Sell By” date of July 17, 2009. The soy bean sprouts, packaged in 10 lb bags (bulk) and 12 oz plastic bags (retail), were distributed to retail stores and wholesalers throughout Massachusetts, Connecticut, New York and New Jersey. To date, no illnesses have been associated with the consumption of these products. Click on the following link to view a copy of the FDA Recall Release.

According to the FDA, retail stores and wholesalers who have received these products should remove them from shelves. In turn, consumers are being instructed to either discard any affected products, or return them to the place of purchase for a refund.

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The FDA has announced a new regulation which it expects to prevent approximately 80,000 cases of food-borne illness (and 30 deaths) caused each year by Salmonella Enteritidis in eggs.

The final rule, Prevention of Salmonella Enteritidis in Shell Eggs During Production, Storage, and Transportation (74 FR 33030), requires manufacturers to employ additional preventive measures during the production of shell eggs in poultry houses, and mandates subsequent refrigeration during storage and transportation. Click on the follwing link to view a copy of the FDA Final Egg Rule.  According to the FDA, the implementation of such measures could potentially reduce the number of Salmonella infections from eggs by nearly 60 percent.

“Preventing harm to consumers is our first priority,” said Margaret A. Hamburg, M.D., Commissioner of Food and Drugs. “Today's action will prevent thousands of serious illnesses from Salmonella in eggs.”

Salmonella Enteritidis can be found inside eggs that appear perfectly normal. Eggs in the shell can become contaminated on the farm, primarily because of infection in the laying hens. If the eggs are subsequently eaten raw or undercooked, the bacterium can cause illness.

The new rules requires that measures designed to prevent Salmonella be adopted by virtually all egg producers with 3,000 or more laying hens whose shell eggs are not processed with a treatment, such as pasteurization, to ensure their safety.

Producers with at least 3,000 but fewer than 50,000 laying hens must comply within 36 months after the rule’s publication. Producers with 50,000 or more laying hens must be in compliance with the rule within 12 months after its publication in the Federal Register.

Under the rule, egg producers must:

• Buy chicks and young hens only from suppliers who monitor for Salmonella bacteria;

• Establish rodent, pest control, and biosecurity measures to prevent spread of bacteria throughout the farm by people and equipment;

• Conduct testing in the poultry house for Salmonella Enteritidis. If the tests find the bacterium, a representative sample of the eggs must be tested over an 8 week time period (4 tests at 2 week intervals); If any of the four egg tests is positive, the producer must further process the eggs to destroy the bacteria, or divert the eggs to a non-food use;

• Clean and disinfect poultry houses that have tested positive for Salmonella Enteritidis; and

• Refrigerate eggs at 45 degrees Fahrenheit temperature during storage and transportation no later than 36 hours after the eggs are laid.

Egg producers whose eggs receive treatments such as pasteurization must still comply with the refrigeration requirements. Similarly, certain entities such as distributors, packers, or truckers holding or transporting shell eggs also must comply with the refrigeration mandates.

To ensure compliance, egg producers must also maintain a written Salmonella Enteritidis prevention plan and associated records documenting compliance. Producers (except those who have less than 3000 hens or who sell all their eggs directly to consumers) also must register with the FDA. In turn, the FDA will develop guidance and enforcement plans to help egg producers comply with the rule.

The FDA has estimated that the rule would provide $1.4 billion in annual public health benefits, at an annual cost of $81 million to the regulated industry, or less than 1 cent per dozen eggs produced in the United States.

The new rule is part of a coordinated strategy between the FDA and the FSIS. The FDA and the FSIS will continue to work closely together to ensure that egg safety measures are consistent, coordinated, and complementary.

In addition to the new safety measures being taken by industry, consumers can also reduce their risk of food-borne illness by following safe egg handling practices. The FDA reminds consumers to buy eggs that have been refrigerated, to make sure eggs in the carton are clean and not cracked, and to cook eggs (and any foods containing eggs) thoroughly.

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In winter of 2006, William Cunningham, in hopes of obtaining money from the Campbell Soup Company, laced his children’s soup with numerous poisons.

According to the FSIS, "Cunningham then initiated several consumer complaints to FSIS to bolster his claims that certain soup products made his children sick.” Cunningham poisoned the soup with peppers, Prozac, Amitriptyline and lighter fluid, before feeding it to his 18 month old daughter and three year old son. Both were subsequently hospitalized.

In turn, the former dump truck driver called Campbell’s and public health officials attempting to blame the illnesses on the company. After an initial inquiry into the complaints, the FSIS noticed various irregularities, and confirmed there were signs of tampering. FSIS officials then began working in cooperation with the USDA Office of Inspector General, the FDA and local police to present a case to the U.S. Department of Justice. After a thorough investigation, these agencies were able to build a thorough case against Cunningham. Following his recent jury trial and conviction, Cunningham was sentenced to more than one-hundred years in prison.

In a statement issued by the FSIS, the agency extended “its appreciation to all parties involved with the investigation that led to Cunningham's conviction.” Click on the following link to view a copy of the FSIS Statement.  We are grateful for the diligent efforts of all federal, state and local agencies involved to get this one right.

We are also grateful that Campbell's was exonerated – in today’s litigious society, being innocent should count for something. The real victims of this story, however, were not so fortunate. Reports suggest that the children may be afflicted with respiratory problems for the rest of their lives.

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According to FSIS, the Edward S. Miller Packing Company has announced a voluntary recall of approximately 219 pounds of ground beef products that may be contaminated with E. coli O157:H7.

The ground beef products affected by the voluntary recall were produced by the company (located in Montgomery, Illinois) between July 7 and July 10, 2009, and were distributed to consumers and restaurants in northern Illinois. Click on the link to view the FSIS Recall Release.

The specific products subject to recall include:

• 10-pound vacuum-packed bags of bulk "Edward S. Miller Packing Co. Ground Beef." Each bag bears the establishment number "EST. 34342" inside the USDA mark of inspection, and the case codes of "070709," "070809," "070909" or "071009."

• 12- and 15-pound boxes of "Edward S. Miller Packing Co. Ground Beef Patties." Each box bears the establishment number "EST. 34342" inside the USDA mark of inspection and case codes of "070709," "070809," "070909" or "071009."

The problem was discovered through FSIS microbiological sampling. According to FSIS, there have been no reports of illnesses associated with 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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Agriculture Secretary Tom Vilsack has announced the appointment of Jerold R. Mande, M.P.H., as Deputy Under Secretary for Food Safety at the U.S. Department of Agriculture (USDA). In this position, Mande will have responsibility for the Food Safety and Inspection Service (FSIS), the USDA agency which protects public health through food safety and defense by ensuring that the nation's supply of meat, poultry and processed egg products are safe and wholesome.

According to Vilsack, "Jerold Mande brings years of experience in health, nutrition and epidemiology, food safety, and public policy in both government and academia that will greatly serve USDA and the public as we continue to work to protect public health."

Most recently, as Associate Director for Public Policy at the Yale Cancer Center, Yale University School of Medicine, Mande developed a national model to increase support for cancer prevention and control, including diet, exercise, and obesity. He also initiated and helped manage the cancer center disparities program, to improve cancer control and care in underserved populations. He was also a lecturer in public health, and helped train select groups of physicians for careers in public policy.

Prior to this, Mande served on the White House staff as a health policy adviser where he helped lead key food safety, tobacco control and cancer initiatives, including expansion of FoodNet and PulseNet. He was Deputy Assistant Secretary for Occupational Health at the U.S, Department of Labor. He also served as Senior Advisor and Executive Assistant to the Commissioner of the Food and Drug and Administration, where he led design of the Nutrition Facts food label, for which he received the Presidential Award for Design Excellence. Mande began his distinguished career in the U.S. Congress where he was first hired to work on food safety legislation.

Mande holds a Masters Degree in Public Health (M.P.H. Nutrition and Epidemiology) from the University of North Carolina at Chapel Hill and a Bachelor of Science Degree, magna cum laude (B.S. with Distinction in Nutritional Sciences) from the University of Connecticut at Storrs. He also attended the John F. Kennedy School of Government, Harvard University, completing a Program for Senior Managers in Government.

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Mike’s Produce, Inc. (d/b/a. Kowalke Family Sprouts) has announced a voluntary recall of all Kowalke Family Sprouts Brand Alfalfa Products with sell-by dates from June 18, 2009 through June 30, 2009.  The recall was announced after the company received notification that a sprout sample (taken from a retail location) had tested positive for Salmonella. 

After being notified of the positive sample, Kowalke Family Sprouts (located in Los Angeles, California) promptly informed the FDA of its actions. It is not clear how Salmonella may have been introduced into the sprouts, and the company is cooperating fully with the agenciy's continuing investigation.

According to reports, Kowalke Family Sprouts met all FDA disinfection, processing, and pathogen testing guidelines. In addition, although the FDA tested for the presence of Salmonella on sprout growing equipment, food contact surfaces, walls, floors, and drains at the Kowalke Family Sprouts facility, all tests results were negative. Despite extensive efforts, the FDA found no Salmonella at the Kowalke Family Sprouts facility.

Even though all environmental samples were negative, and although the alfalfa sprouts tested negative prior to being shipped to retailers, the firm (given the positive retail finding – and, in an abundance of caution) decided to recall all sprouts from the potentially affected lot.

Kowalke alfalfa products are sold in 4 oz, 8 oz, 1 pound and 5 pound clear plastic, clam shell packages. Two other Kowalke products also contain alfalfa sprouts - the Dinner Salad in a 6 oz package and the Onion/Alfalfa Mix in a 4 oz package.

These products were sold to distributors in Los Angeles and to retail stores in Southern California, Nevada, and Arizona. It is possible, however, that the sprouts may have been transported to other states. Click on the following link to view the FDA Recall Release.

To date, no illnesses have been reported from these products.

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The President's “Food Safety Working Group,” chaired by the Secretaries of the Department of Health and Human Services (Kathleen Sebelius) and the Department of Agriculture (Tom Vilsack), was conceived in March 2009 to help modernize our food safety system. In turn, Vice President Biden, Sebelius and Vilsack, have now announced key findings of the Group.

Following numerous meetings, and imput from key stakeholders, the Working Group has recommended a new approach to food safety based on three core principles: (1) prioritizing prevention; (2) strengthening surveillance and enforcement; and (3) improving response and recovery.

"There are few responsibilities more basic or more important for the government than making sure the food our families eat is safe," said Vice President Biden. "Our food safety system must be updated – 1 in 4 people get sick every year due to food-borne illness, and children and the elderly are more at risk. I applaud the Secretaries of HHS and the USDA for tackling this problem head-on, and coming up with key recommendations to ensure the health and safety of our food supply and, with it, the American people."

"Instead of spending their time trying to get kids to eat healthier food, too many parents and families are worrying about whether their food is safe in the first place," said Secretary Sebelius. "In just the past few months since we began work with the Food Safety Working Group, we have seen recalls on everything from spinach to peanut products to now even cookie dough.” According to Sebelius, the Administration believes “that the current system just isn’t working for America’s families, and under the President’s leadership, we are taking action to keep our food supply safe and prevent outbreaks that can impact millions of Americans."

"There isn’t a single American that isn’t impacted by our efforts to protect the food supply," said Secretary Vilsack. "We owe it to the American people to deliver on President Obama’s bold promise to greatly enhance our food safety system, moving our approach into the 21st century, employing the best surveillance techniques available, and ensuring that we are doing all we can to prevent illness before it occurs."

In its announcement, the Working Group outlined specific steps designed to advance its three core principles:

• HHS and USDA are targeting Salmonella contamination by developing tougher standards to protect the safety of eggs, poultry, and turkey.

• To fight the threat of E. coli, USDA is stepping up enforcement in beef facilities and the Food and Drug Administration (FDA) is developing new industry guidance improving protections for leafy greens, melons, and tomatoes.

• The Obama Administration is building a new national traceback and response system including clearer industry guidance, a new unified incident command system, and improved use of technology to deliver individual food safety alerts to consumers.

• Finally, the Administration announced a plan to strengthen the organization of federal food safety functions, including the creation of new positions at key food safety agencies and a continuing oversight role for the Food Safety Working Group.

The Food Safety Working Group is chaired by Secretaries Sebelius and Vilsack, and participating agencies include the FDA, the FSIS, the CDC, the Department of Homeland Security, the Department of Commerce, the Department of State, the Environmental Protection Agency, and several offices of the White House.

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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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Chang Farm, a Massachusetts company, has issued a voluntary recall of various bean and soy sprouts because of possible Listeria monocytogenes contamination. The sprouts were distributed to restaurants and retail stores throughout Connecticut, Massachusetts, New York, and New Jersey. Click on the following link to view the FDA Recall Notice.

According to the FDA, the contamination was discovered after a product sample (obtained from a retail store in New York) tested positive for Listeria. To date, no illnesses have been associated with the recalled sprouts.

The affected products, labeled as Chang Farm Brand soy sprouts and bean sprouts, are packaged in 10-pound bags (bulk) and 12-ounce plastic bags (retail). The soy sprouts have a “Sell By” date of May 23, 2009 or May 24, 2009, and the bean sprouts have a “Use By” date of May 23, 2009 or May 24, 2009.

All grocery stores, food services, and other retailers in Massachusetts, Connecticut, New York, and New Jersey are being advised to remove the recalled products from their shelves. In turn, consumers should either discard the products, or return them to the place of purchase.

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The House Energy and Commerce Committee has released a discussion draft of the Food Safety Enhancement Act of 2009 which, if passed, would require food manufacturers to pay an annual fee of $1,000 to fund increased inspections by the FDA.

Under the draft bill, high-risk food production facilities would be inspected by the FDA every 6 to 18 months, while low-risk facilities would be inspected every 18 months to three years. In addition to the annual inspection fee, the legislation would also require food manufacturers to pay for costs associated with any additional inspections triggered by food product recalls.  Click on the following link to view a Summary of the Food Safety Enhancement Act of 2009.

The chairman of the House committee, Rep. Henry Waxman (D-Cal.), stated that the proposed legislation is aimed at protecting the nation's food supply. According to Waxman, the new bill “recognizes that the hallmark of strong food safety legislation must be a shared responsibility for food safety oversight between FDA and industry.”

Although food manufacturers are not currently required to pay FDA inspection fees, current budget requests for the FDA include $260 million in new food safety initiatives, with about 35% of that anticipated to come from fees paid for directly by the food industry. While food industry groups strongly support the broad goals of the new proposed food safety measures, questions have been raised about the timing of new fees. According to industry representatives, new inspection fees are being proposed at a particularly bad time, given the slowing economy, for both food companies and consumers alike.

Among other things, the proposed legislation would also require food manufacturers to better trace the food they manufacture abd sell, and would give the FDA authority to issue mandatory recalls. The bill, if passed, would also strengthen criminal and civil penalties for any food companies that fail to comply with federal regulations.

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The Ohio Department of Health is currently investigating a potential E. coli O157:H7 outbreak involving numerous cases in Ohio, Pennsylvania, and Illinois.

In turn, Valley Meats LLC (a Coal Valley, Illinois, company) announced a precautionary and voluntarily recall of certain ground beef products after learning the products could potentially be associated with reported illnesses. This possible association was announced by the Ohio Department of Health as part of its ongoing epidemiological investigation.

Approximately 95,898 pounds of ground beef were affected by this voluntary and precautionary recall. The products at issue were produced on March 10, 2009, bear establishment number “EST. 5712,” and were sold nationwide to numerous distributors. Several Valley Meats brands were included in the recall, including 3S, Grillmaster, J & B, Klub, Thick 'N Savory and Ultimate. Click on the following link to view a complete list of products affected by the recall.

Because all raw ground beef products can potentially carry harmful bacteria, the USDA instructs consumers to only eat ground beef patties that have been thoroughly cooked to an internal temperature of 160°. Thoroughly cooking raw beef will destroy any pathogens that might be present, and render the products perfectly safe.

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The U.S. Senate has officially confirmed Dr. Margaret Hamburg to lead the Food and Drug Administration (“FDA”). Hamburg, a bioterrorism expert, will be sworn in as the 21st commissioner of the FDA, and only the second woman to hold the post in 100 years of agency history. She was confirmed unanimously.

Hamburg’s first priority will be to help direct the development of a vaccine for the H1N1 flu. Notably, Hamburg has, in turn, promised to place greater emphasis on food safety. In the midst of numerous high-profile food-borne illness outbreaks, Hamburg stated she intends to shift the agency’s focus from chasing outbreaks once they occur to preventing them in the first instance. To accomplish this goal, Hamburg would also like to take advantage of the recent spike in food safety awareness by media, consumers and industry. As she puts it, “the growing consensus among experts and industry is that now is the time to shift to a food safety system that puts prevention first.”

We, of course, wish her the best as we all work, collectively, to enhance food safety.

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The President's “Food Safety Working Group,” chaired by the Secretaries of the Department of Health and Human Services (Kathleen Sebelius) and the Department of Agriculture (Tom Vilsack), was conceived to help modernize our food safety system. The group intends to foster “collaborative partnerships with consumers, industry and regulatory partners” and, through a transparent process, “build a food safety system to meet the challenges posed by a global food supply in the 21st century.” Click on the following link to visit the President’s Food Safety Working Group Website.

Last week, the Food Safety Working Group held its first “Listening Session” at the White House. Participants included numerous stakeholders representing a diverse range of organizations. Secretary of Agriculture Vilsack, who delivered the opening remarks, told participants that food Safety is of the highest concern for all of us. Although Vilsack noted that “Americans enjoy one of the safest food supplies in the world,” he also stated that more can should be done to improve food safety at all levels. Vilsack’s remarks are included below:

Welcome. Thank you for taking time to join us this morning.

Food Safety is of the highest concern for all of us here today. While Americans enjoy one of the safest food supplies in the world, we have witnessed too many outbreaks that make us worry that the food on our dinner plate or in our child’s lunch box will harm instead of nourish. This is not acceptable.

Today is the beginning of a significant and critical process that will fully review the safety of our nation’s food supply.

President Obama has pledged his full support in this matter and has charged the Food Safety Working Group with examining all aspects of food safety, be it meat or produce, fresh or frozen, whether it is imported, or produced domestically.

This issue will be one of USDA’s highest priorities. We are in the midst of reviewing all of our statutory authorities, as well as administrative and regulatory steps we can take, to ensure that our actions support public health and consumer safety to the fullest extent.

We have reviewed the Federal Meat Inspection Act, looked over our existing Hazard Analysis and Critical Control Point regulations, reviewed our enforcement authorities, and looked at how we collect data. While we are doing a good job, we at USDA can always do better.

I’d like to outline several specific challenges we need your input on:

•  Prevention. The key to a functioning food safety system is preventing foodborne illness. That means robust standards and sufficient authorities to prevent illnesses from occurring. Both FDA and USDA have embraced this principle and we must have a consistent approach.

•  Surveillance and Response. Our regulatory agencies must actively watch for disease outbreaks and take rapid action to ensure that we have effective and targeted recalls. Such recalls are in the interests of public health and the strength of industry sectors that might otherwise be tarnished by massive recalls.

•  As many people know first hand, in this economy we do not have unlimited resources. Nor can we simply pass higher food production costs onto struggling consumers. We must ensure that we are allocating our food safety resources effectively and efficiently. That means focusing the most attention on the products that have the most potential to cause harm.

•  The safety of a product should not be determined by where it originated. We live in a global community and by working more closely with our partners around the world we can make sure that the food the US is importing is as safe as the food we are exporting.

 •  All parts of the food safety system need to coordinate and work together in a seamless fashion. The FDA and USDA must do a better job of coordinating and I know that Secretary Sebelius and I will drive our agencies to improve coordination.

•  Industry, government, and consumer: each of us brings a piece of the puzzle. We can only solve this if all pieces are represented. It is time for us to set aside past frustrations, collaborate, and move forward together.

Finally, we need to develop a way to measure our success. I am confident that by working together, we will make improvements to the safety of our food supply. But we need a way to track our progress both in the short and long term, so that we do not settle for merely okay, but continually strive for improvement. Lives are at stake and good is simply not good enough.

Thank you again for joining us today.

The Secretary also thanked the participants’ mutual commitment to food safety, highlighted the Administration’s broad support for the modernization of food safety initiatives, and pointed to new and enhanced coordination between HHS and USDA to support this goal.

ViIsack also challenged government, industry and consumers to work more closely to improve food safety. This is good advice.

In the end, we all shoulder responsibility (whether producing or preparing food) to ensure that the meals we serve to our families are, indeed, as safe as they can possibly be.

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The Grocery Manufacturers Association ("GMA") has announced new, wide-ranging industry initiatives designed to improve the safety and security of our nation’s food supply. The initiatives, geared toward better food-borne illness prevention and response, are outlined in Prevention, Partnership and Planning: Supply Chain Initiatives to Improve Food Safety. The new initiatives include:

• Product Recall Modernization: 

Enhanced communication is the best way to ensure that food products, when recalls are announced, can be identified and removed from the marketplace as quickly as possible. Thus, the Food Marketing Institute ("FMI") and GS1-US, with the support of GMA, have developed and launched a new, electronic, Web-based product recall portal designed to facilitate the rapid and accurate flow of information between manufacturers and retailers during product recalls. GMA plans to participate closely with FMI and GS1-US to expand the use and capability of this recall communication tool.

• Accredited Third Party Food Safety Audit Certification:

Third party audits are an important part of America’s food safety net. To ensure rigor and integrity in third party certification, policymakers and industry leaders will be encouraged to engage auditors employed by certification bodies accredited to international standards by recognized organizations such as the American National Standards Institute ("ANSI"). ANSI is widely respected as the recognized accrediting body for conformity assessment systems in the U.S., and is recognized by the federal government as well as internationally.

In addition, GMA plans to work with its public and private partners, including FMI, to facilitate the implementation and recognition of certification systems. By increasing the number of well-qualified auditors, and developing universal food safety auditing criteria, industry leaders and policymakers will likely be better able to ensure that auditors are competent to review a particular facility. This should also discourage duplicative audits, reduce auditing costs, and encourage wider use of third party certification/audits throughout the food industry. Ultimately, it is anticipated that wider use of third party certification/audits can and will reduce the risk of food-borne illnesses.

• Modernization and Implementation of Good Manufacturing Practices (GMPs) for Food:

The FDA is currently working on updating and issuing Good Manufacturing Practices (GMP) regulations for food, which can be a critical component of any food safety system. Once the FDA regulations are updated and issued, GMA plans to provide industry-wide training and education to ensure rapid and wide-spread adoption of the new and updated GMPs.

According to Pamela G. Bailey, GMA president and CEO, “[w]e want consumers and policymakers to know that we are vigilant when it comes to product safety and consumer protection. We are stepping up to the plate, taking responsibility and developing innovative reforms to improve the safety of our products.” Bailey hopes the initiatives, coupled with proposed FDA food safety reforms, “will significantly reduce the number and type of food recalls, and strengthen our overall food safety system.”

In addition, explains Bailey, “we are developing enhanced food safety education and training for member and non-member companies, assessing and enhancing our crisis management capability, and expanding our ability to communicate during product recalls to ensure we are doing our part to protect consumers.”

Thus, once again, GMA has demonstrated its commitment as a food safety leader, working closely with stakeholders from the entire supply chain to develop comprehensive food safety solutions that will not only improve the safety of our food, but will also enhance the confidence of our consumers.

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Bob's Food City, a retailer in Hot Springs, Arkansas, has voluntarilly recalled approximately 375 pounds of ground beef products that may be contaminated with E. coli O157:H7.

The ground beef products subject to recall were sold as tray packs of varying weights bearing a "Sell By" date of "05/09/09." The products subject to recall include:

• 1-pound through 5-pound tray packs of "GROUND BEEF CHUCK," "GROUND ROUND" or "REGULAR GROUND BEEF." Each pack bears a sell by date of "05/09/09." There is no USDA mark of inspection on the tray packs.

The ground beef was produced on May 7, 2009, and was sold to customers of the Bob's Food City retail store located at 800 Malvern Avenue, in Hot Springs, Ark. The problem was discovered through FSIS routine sampling procedures. Click on the following link to view the FSIS Recall Release.

To date, there have not been any reports of alleged illness due to the consumption of these products. To be sure, thouroughly cooking ground beef patties to an internal temperature of 160 degrees will kill any pathogens that might potentially be present, and render the product perfectly safe.

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As the FDA works to protect and promote the public health, it is requesting $3.2 billion as part of it's fiscal year (FY) 2010 budget. The request represents a 19% increase over the current FDA budget. Click on the following link to view a summary of the FDA Proposed Budget.

Notably, the FDA has asked for an additional $259.3 million to fund a new food safety initiative. The goal of the new initiative, “Protecting America’s Food Supply,” is to better prevent intentional and unintentional contamination of foods through risk-based prevention and verification. The initiative, as proposed, would focus on foreign and domestic sources of ingredients, components, and finished products at all points in the supply chain.

In addition, the FDA also proposes to collect a total of $94.4 million in new user fees from the registration of food facilities. It is anticipated that the additional fees will enable the FDA increase routine inspections, while at the same time conducting additional inspection for those facilities that fail to meet the FDA’s safety standards.

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According to the USDA, Mother's Day is an excellent time to teach children food safety:

Indeed, rubbery eggs, burned pancakes, undercooked bacon — what mother doesn't treasure the memory of the little hands that cooked a Mother's Day breakfast! Mother's Day is the perfect time for dads and other caregivers to teach children simple food safety lessons while supervising the preparation of a special meal made for Mom.

Mother's Day has been officially celebrated the second Sunday in May since 1914 when President Woodrow Wilson signed the day into national observance. Ever since, children have been lovingly — yet messily — preparing breakfast in bed and other meals for mom.

It is also important, however, for children to learn and practice safe food handling techniques so moms don't end up becoming the patient from a foodborne illness. Not washing hands, leaving perishable food sitting out too long at room temperature, and not cooking food to a high enough temperature to destroy bacteria are several main causes of foodborne illness.

In turn, USDA / FSIS encourages both children and adults to put these four easy to remember lessons — Clean, Separate, Cook and Chill — into practice in order to Be Food Safe on Mother's Day and every day: 

• Clean: Wash hands and surfaces often.

• Separate: Separate raw meat, poultry and egg products from cooked foods to avoid cross-contamination.

• Cook: Raw meat, poultry and egg products need to be cooked thoroughly. Use a food thermometer to ensure foods have reached a high enough temperature to kill any harmful bacteria that might be present.

• Chill: Refrigerate promptly.

Lesson 1: Stay Clean

Bacteria can be hiding just about anywhere: in the kitchen, on a plate and on hands. These invisible enemies can multiply and make Mom sick. Cooks of every age should wash their hands with soap and warm water for 20 seconds before and after food preparation, after playing with pets, and after using the bathroom.

All fruits and vegetables should be washed with running water before cutting or eating them. Only put food on clean surfaces. Always use clean knives, forks, spoons and plates.

Lesson 2: Keep Raw and Cooked Foods Separated

Cross-contamination is the technical description for how bacteria can be spread from one food product or surface to another. This is especially true when handling raw meat, poultry, eggs and seafood, so keep these foods and their juice away from ready-to-eat foods.

Always use a clean plate. Never place cooked food on a plate that previously held raw meat, poultry and seafood. Never put food on a dirty table or counter. Always wash cutting boards, dishes and utensils with hot, soapy water after they come in contact with raw meat, poultry, eggs and seafood.

Lesson 3: Cook Food to Safe Temperatures

Foodborne bacteria can't be seen, smelled or tasted. Use a food thermometer to make sure food has reached a USDA recommended minimum internal temperature. No matter how old the chef, you can't tell food is cooked safely by how it looks.

Always place the food thermometer in the thickest part of the food, away from bone and fat, to check the temperature. When cooking in a microwave oven, stir, cover, and rotate food for even cooking. It's important to let food stand for a few minutes after cooking it in the microwave. Always cook eggs before eating them. When cooked, eggs should be firm, not runny.

Lesson 4: Keep Perishable Foods Cold

Bacteria need time and the right environment to grow and multiply - such as moisture and warmth. Most foodborne illness-causing organisms grow quickly above 40° Fahrenheit. Some bacteria can double their numbers every 20 minutes at temperatures above 40° Fahrenheit. In a few hours, bacteria on food can cause an illness or form "toxins" that might not be fully destroyed by cooking.

Some foods that need to stay cold (at 40° Fahrenheit or below) include sandwiches or salads made with meat and poultry; tuna and egg salad; milk, cheese, and yogurt; and peeled or cut fruits and vegetables.

Finally, any leftovers from Mom's special meal should be refrigerated within two hours. Perishable food left out for more than two hours should be thrown out -- and not fed to the family pet. Even pets are susceptible to foodborne bacteria. To reheat leftovers safely, make sure they reach 165" Fahrenheit as measured with a food thermometer.

So, whether the family gathers at the dining room table (or in the kitchen hours before), make sure this weekend that each of you thoroughly enjoy quality time spent with Mom.

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I just received an update from the CDC, confirming there are now 896 cases of H1N1 (Swine Flu) in 41 states. Interestingly, here in Arkansas (where I spent the last two days mingling with outstanding health professionals), there hasn’t been a single case.

Here’s the current national tally:

•  Alabama:  4
•  Arizona:  48
•  California:  106
•  Colorado:  17
•  Connecticut:  4
•  Delaware:  38
•  Florida:  5
•  Georgia:  3
•  Hawaii:  3
•  Idaho:  1
•  Illinois:  204
•  Indiana:  15
•  Iowa:  5
•  Kansas:  7
•  Kentucky:  2
•  Louisiana:  7
•  Maine:  4
•  Maryland:  4
•  Massachusetts:  71
•  Michigan:  9
•  Minnesota:  1
•  Missouri:  4
•  Nebraska: 4
•  Nevada:  5
•  New Hampshire:  2
•  New Jersey:  7
•  New Mexico:  8
•  New York:  98
•  North Carolina:  7
•  Ohio:  5
•  Oklahoma:  1
•  Oregon:  15
•  Pennsylvania:  2
•  Rhode Island:  2
•  South Carolina:  17
•  Tennessee:  2
•  Texas:  91 (and 2 deaths)
•  Utah:  8  
•  Virginia:  11
•  Washington:  23
•  Wisconsin:  26

In any event, despite the spread of H1N1 throughout the country, I simply wanted to note, once again, that pork products, and Arkansas, remain perfectly safe...

It is also (in my mind) equally important to point out that, wherever we live, we shouldn’t let the flu ruin our fun. Despite 26 confirmed cases in Wisconsin, I look forward to returning home tomorrow (in a small, confined airplane), and promptly ordering myself a cold beverage and, more important, a Johnsonville brat . . .

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Not surprisingly, as our ability to detect food-borne illness outbreaks continues to improve (as a result of increased awareness, better surveillance and more precise testing), we are detecting more outbreaks. The increase, in my view, is a result of our enhanced ability to identify those illnesses which, in years past, simply slipped “under the radar.”

Although some suggest broadly that outbreaks are increasing because today’s food companies (as opposed to yesterday’s food companies) don’t care about food safety, the theory is a bit hard to swallow. Given the incredible media and regulatory attention directed in recent years to food safety, most large companies have devoted incredible resources to improve the safety of their products. And, I personally believe, we’re doing better than ever.

It is also hard, frankly, to overlook that fact that an increasing number of outbreaks are being detected in other parts of the world as well.

Beginning in 2005, for instance, the European Food Safety Authority ("EFSA") began collecting, analyzing and publishing outbreak data submitted by its 22 member states.  The data confirmed that, in 2007, the EU experienced a total of 5,609 reported food-borne illness outbreaks. Although down only slightly from 2006, this actually represented a significant increase from just a few years earlier (when the number was zero), because data wasn’t being collected and reports weren’t being generated. Click on the following link to view a copy of the 2007 Community Summary Report on Food-borne Outbreaks.

The results of the the 2007 Community Report is also interesting. In the EU (like here in the US) Salmonella continues to be one of the most frequent causes of food-borne illness outbreaks. Of the total reported outbreaks in 2007, Salmonella accounted for 2,201 outbreaks, or four out of every ten.

In turn, viruses (such as Norovirus) were reported to be the second most frequent cause of outbreaks in the EU. Altogether, viruses accounted for 668 outbreaks, and sources were reported to include crustaceans, shellfish, molluscs and buffets.

Campylobacter was next in line, causing 461 outbreaks. Common sources included broiler and other meats.

In turn, bacterial toxins, such as those produced by Bacillus Cereus, Clostridium Perfringens and Staphylococcus, caused 458 outbreaks. Numerous outbreaks involving other bacteria, such as Listeria and E. coli O157:H7 were reported as well.

Does this mean that, suddenly, European companies have collectively decided to give up on food safety? Unlikely. Rather, it merely demonstrates that, wherever you live, as food-borne illness outbreak surveillance improves, we will begin to see outbreaks that would otherwise have been missed.

Indeed, even the EFSA concedes that the numbers of total reported outbreaks in the EU are expected to increase. This is because the "reporting systems" in the 22 member states vary significantly and, as a result, are simply not capturing every outbreak. In those member states with more effective national monitoring systems (like Germany), however, the reported number of outbreaks were expectedly much higher.

In any event, as reporting and surveillance continue to improve throughout the EU, we will likely see (just like here at home) the total number of reported outbreaks increase significantly.  And, while the increasing numbers of outbreaks, coupled with resulting media coverage, will continue to motivate entire industries to "do better," such results should not suggest that most food companies (whether based in New York or Paris) are simply failing to do anything at all.

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On the heels of recent food safety speeches to numerous industry organizations, premier food companies and other groups (including the Wisconsin Restaurant Association and, most recently, the University of Minnesota), I am off to Arkansas to speak, once again, about food safety, outbreaks, recalls and litigation.

Why Arkansas? Well, for starters, it’s a lot warmer than Milwaukee. More important, however, the Arkansas Public Health Association (“APHA”) is hosting its 61st Annual Convention, “Raising The Bar – Taking Public Health to New Heights,” in beautiful Hot Springs.

The presentation, designed specifically for public health officials, will provide An Overview of Food-borne Illness Outbreak Surveillance, Investigation and Litigation.

In addition to advocating (strongly) key considerations for outbreak prevention, I will also address current trends in food-borne illness outbreak surveillance, discuss how health officials and industry food safety lawyers (like me) can and should work as partners in food-borne illness outbreak investigations, and summarize (in a way that’s not too dreary, I promise) the current status of food safety litigation.

Importantly, I will also provide insight as to the role of both good and bad outbreak investigations in advancing the public health (our most important goal), along with the ancillary role investigations play if and when food-borne illness lawsuits are filed.

In any event, I am thrilled to spend some quality time in Hot Springs. So is Carladder Parham, the President of APHA. According to Parham, “we’re anticipating a great turnout,” and are very excited about “seizing this year’s opportunity to ‘raise the bar’ in public health.” As she adeptly explains, “we can either give lip service to this challenge, or we can commit to make a difference.”

Personally, I couldn’t agree more. And, as a food safety lawyer – and a food safety advocate – I am also proud (once again) to share a seat at the table.

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The source of the multi-state Salmonella Outbreak linked to fresh alfalfa sprouts has likely been determined.

According to reports, the Salmonella strain implicated in the outbreak likely originated from seeds sold by the Caudill Seed Company of Louisville, Kentucky. In turn, Lyle Orwig, a company spokesman, stated that the offending seeds were imported by Caudill from Italy. As reported previously, Caudill has withdrawn all seed batches with six-digit lot numbers starting with “032”; the recalled seeds are packaged in 50-pound white bags marked with a white or yellow label.

Although testing did not reveal any Salmonella at Caudill’s facilities, Orwig reports that, “what [the FDA] has said to us, is the cases all led to sprouts, from multiple growers, and the common link is seeds.”  Seeds, anyway, from Italy...
 

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Once again, we’re stuck between a rock and a hard place. While consumers are continuously reminded to cook their meat thoroughly before sitting down for dinner, the results of a new study suggest that grilling your filet until it resembles a hockey puck could have deadly consequences as well. The study links consumption of burned or charred pieces of meat to an increased risk of pancreatic cancer.

Dr. Kristin Anderson, an epidemiologist with the School of Public Health, at the University of Minnesota, was recently quoted as saying that "we’re still trying to understand how this works." She said it’s been known for some time that particular carcinogens exist in meat, as they do in many other foods, "but the question is what causes them to react and how that’s relevant in meat."

The study, which Anderson presented at the recent meeting of the American Association for Cancer Research, and which was based on a prospective analysis that included more than 62,500 participants, linked the increased risk of pancreatic cancer to consumption of meats that had been well-cooked, or over-cooked by frying, grilling or barbecuing. At the meeting, Anderson told her colleagues that her research “has been focused on pancreatic cancer for some time, and we want to identify ways to prevent the cancer because treatments are very limited and the cancer is often fatal."

Data was gathered over nine years. According to the research, subjects who preferred very well-done steak were almost 60 percent more likely to get pancreatic cancer than those who consumed their steak less well-done or who didn’t eat steak at all. When overall consumption and doneness preferences were used to estimate the meat-derived carcinogen intake for subjects, respondents who had the highest intake had 70 percent higher risk than those with the lowest intake.

Anderson, who also stated that her husband "has a big Weber grill in the backyard," said the study has generated a lot of interest, mostly "because people relate to meat." Several of her colleagues, she added, have told her she "had taken all the fun away."

And truly, there is certainly a lot of fun to be had in eating a piece of charcoal. I do wonder, however, whether we should really be looking deeper into the issue. Who are these people, and does their increased cancer risk really correlate to the fact that they like burnt meat?

Any individual who actually enjoys eating charred black crunch is most likely lacking taste in other ways as well. Let’s be honest, someone who can’t distinguish a difference in quality between ash and viably edible meat is apt to demonstrate poor judgment across the board. One can only assume that the burnt meat crowd is composed of the same individuals who shamelessly consume cheap booze, chain smoke, live near power lines, stand near the microwave, use artificial sweeteners, get x-rays, or, for those who live in Los Angeles; breathe.

Science also tells us that, across the biological spectrum, Darwinian law mandates the culling of the weak, so that only the strongest and most adaptable can survive and replicate over the millennia. So, it should come as no surprise then that people who actually enjoy incinerated meat (and the carcinogenic byproducts which are created when you burn ANY food beyond recognition) would have an increased likelihood of becoming gravely ill.

Thus, in a John Maddenesque delivery of wisdom and insight, Anderson concludes we would all be better off (and, frankly, more likely to enjoy our steak) if we would simply "Lower the temperature. Use indirect heat. Wrap meat in foil. Use marinades, and cut off the charred parts.” And, “you can cook food thoroughly,” Anderson urges, “without burning it."

So, will I heed Anderson’s advice? Probably. But, I also remain quite hopeful that, in coming years, with more studies and additional research, we will be better able to distinguish the absolute cancer risk between those sophisticated enough to eat steak the way it was meant to be served, and those who prefer a good beer, a shot of whiskey, and chunk of blackened meat cooked (well beyond recognition) over an open fire...

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Oops. A hog farm in Alberta is under quarantine after Canadian pigs caught the Hybrid H1N1 Flu from a farm worker. The pigs were exposed to the virus after a worker at a family-run farm returned from Mexico with flu symptoms. This is the first time the new H1N1 influenza strain has been found in pigs.

Canadian officials stressed that the outbreak (involving approximately 200 pigs in a herd of 2,200) has been fully contained, assured the public that the country's food supply is safe, and stressed (again) that there is no risk of contracting the illness by eating pork. Echoing recent comments from the CDC and USDA, Canadian health officials stressed there is “no evidence the virus can be transmitted through eating pork.” Click on the following link to read Agriculture Secretary Vilsack's commnets on the Canadian Outbreak.  Moreover, even if pork could become contaminated (through cross contamination or other means), which is very unlikely, we know that cooking pork to 160 degrees readily kills any pathogens that might be present.

Here at home, the CDC has confirmed approximately 226 human cases of the flu in 30 states. And, as far as we can tell, American pigs remain completely unaffected.

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Working closely with the FDA, KLEEN-PAK FOODS refined its spinach recall, originally announced yesterday, to include spinach products distributed to Minnesota. The precautionary recall was announced following the discovery of Salmonella in limited product samples during routine testing.

The precautionary recall involves 10 ounce and 1 pound packages of fresh spinach distributed in retail stores and food wholesalers in Wisconsin, the Chicago area, and Minnesota. The products are marked with a use by date of 4/29, 4/30, and 5/01.

No illnesses have been reported, and KLEEN-PAK is continuing to work closely with the FDA to determine the original source of the potential contamination.

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According to the CDC, “swine influenza” has been officially renamed as "H1N1 Flu." The name change follows urging by the U.S. pork industry and others to remove any references to “swine” when describing the virus (for more information, please visit our previous post on the subject). As we reported previously, the current strain is a hybrid of avian and hog viruses, and has nothing to do with “swine.” Moreover, despite extensive testing, the hybrid virus has not been found in pigs, and pork products remain entirely safe to eat.

The H1N1 virus is carried and spread person-to-person through coughing or sneezing. The symptoms of the H1N1 flu in people are similar to the symptoms of regular seasonal influenza, and can include fever, lethargy, lack of appetite and coughing. Some people with the flu also have reported runny nose, sore throat, nausea, vomiting and diarrhea.

People can stay healthy by following simple precautions. Cover your nose and mouth with a tissue when you cough or sneeze, wash your hands often with soap and water, especially after you cough or sneeze (alcohol-based hands cleaners are effective), and avoid touching your eyes, nose or mouth (most germs are spread that way). Currently, 141 cases have been confirmed in 19 states.

Despite the continuing spread of the H1N1 flu, the virus is susceptible to the prescription antiviral drugs oseltamivir and zanamivir. As a result, the U.S. Government and manufacturers have begun the process of developing a vaccine against this new virus.

For more information, please visit the CDC H1N1 Flu Website.

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Some people are pretty good in the kitchen. Others are spectacular. A few, it seems, are simply heavenly. And now, Nancy Simoes, of Miami, has accomplished with fried salami what few other chefs could possibly replicate.

You see, Simoes was frying three pieces of salami in a skillet for breakfast. When she expertly flipped the first, she was surprised to find the letter "G.” When she flipped the second, she got the letter “O.” This one was charred into the salami as well.

Simoes then thought to herself, “how cool would it be if the third letter was a D?” She also prayed a bit, we’re guessing.

And, sure enough. When she flipped the last, the three pieces spelled “GOD.” Hmm. "I can't make this up," Simoes said. "It's there in the burn marks.”

Well. Good for Simoes. Personally, I'm simply left wondering how it tasted . . .

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Wisconsin health officials have announced that bags of Kleen-Pak brand fresh spinach are being recalled after Salmonella was discovered during routine food safety testing. Kleen-Pak, of Milwaukee, is working closely with health officials to facilitate the recall.

The precautionary recall involves approximately 8,000 packages distributed to grocery stores in the Milwaukee, southern Wisconsin, and parts of Illinois. An additional 1,200 pounds of spinach were distributed to food wholesalers and restaurants. Jane Larson, spokeswoman for the Wisconsin Department of Agriculture, Trade and Consumer Protection, confirmed that the recall was prompted by routine testing, and there have not been any reports of illness.

Jerry Kowaleski, vice president of Kleen-Pak of Milwaukee, confirmed that the spinach had been packaged almost two weeks ago. As a result, "people may [still] have a package of it in their refrigerator at home," he said. In turn, consumers are advised to either discard any 10-ounce bags of Kleen-Pak curly-leaf fresh spinach with the listed "use by dates" of April 29, April 30 and May 1, or return the bags to the store where they made the purchase.

The precautionary recall is NOT associated with the ongoing national investigation of salmonella contamination of peanut butter products, pistachios or alfalfa sprouts.

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Pigs never get a fair shake. No matter how you slice it, they’re typically associated with mud, and get the brunt of most jokes. And, today, once again, they’re in desperate need of more lipstick.

Although the current swine flu is transmitted between people, has nothing to do with “swine,” and pork is entirely safe to eat (assuming, as always, you cook it), pigs are getting hammered by the press. The media coverage has been so anti-pig that many countries no longer import pork. The World Health Organization has raised the alert level for swine flu, and Egypt (usually not swayed by extremist views) just announced it’s about to kill every pig within its borders. Thus, after enduring days of eviscerating (no pun intended) media coverage, between 300,000 to 400,000 innocent cob rollers could easily lose their lives.

Not a good week for pigs . . .

This also can’t be (and isn’t) good for the U.S. pork industry. As we all know, the epicenter of the flu outbreak was Mexico. We initially thought (correctly) that people were getting sick from other people. Things went really south for pigs, however, when false rumors suggested the flu originated in a Smithfield Foods Mexican pork plant. After Associated Press ran the story (oops), countless Bloggers (not us) attempted to blame the outbreak on "factory farming.” The only “fabrication” relating to flu, however, was the story itself.

We soon verified that the virus was NOT connected to Smithfield, its operations or . . . its pigs. Rather, as reported previously, the illness morphed from a hybrid of hog and avian flu strains (or, the hybrid A/H1N1 flu strain), which resides in people—not swine.

Thus, as industry attempted to set the record straight, even the Obama Administration chimed in. Officials announced repeatedly that pork products were “perfectly safe.” "I want to reiterate,” pleaded Agriculture Secretary Tom Vilsack, “this is NOT an animal health or food safety issue.”

Why, then, are people so hoggish about swine? Well, that’s easy. Not long ago, some doctor, in some lab, and in some report, thought it would be clever to name this new “hybrid” illness “swine flu.” And, it stuck. In turn, media and bloggers alike (we’re guilty too) scoured “Google Images” to find the best pig photo to hammer the message home. The cool images stuck too.

So, how to fix it? Well, I’m sure it sounded like quite the challenge when the first courageous employee (in some swanky board room) asked quietly whether it might be possible to simply, well . . . “change the name.” A raised eyebrow, we’re certain, likely followed by a long pause…

But, that idea stuck too. And, although (admittedly) this is a big ship to turn, industry groups mobilized and are now asking (whoever will listen) to change the name from “swine flu” to something a bit more subtle.

So, what are the current proposals? The two top runners are “North American Flu” and “Hybrid Flu.” Although either sound simple enough, things are never that easy. One need only infuse politics to know that neither idea will likely sell.

Indeed, we anticipate that, when the opportunity comes, “conservatives” will likely argue that any reference to “North American Flu” is merely another attempt by “liberals” to blame the world’s most significant problems on the U.S. In response, liberals will likely retort that the use of “Hybrid Flu” is simply yet another conservative ploy to tarnish alternative fuels and green technology.

Not sure who wins the debate (in the end), but it is sure to come.

Thus, perhaps, we could find middle ground. To the extent the current virus involves a unique and daring blend of both swine and avian flu, maybe something more tasteful, like “Swavian Influenza,” would be easiest to swallow. It sounds exotic, it rolls nicely off the tongue, and (the best part) it’s politically neutral. 

If that doesn't work, a respected friend, with a smirk, suggested "A-1 Influenza" or, even better, "ACME  INFLUENZA" (my favorite).  Move aside, Wile E. Coyote...  And, worst case, we can always do A/H1N1 flu...  Boring, but acceptable. 

So, will any of the proposals work?

Maybe. But, in my mind, only two things are certain. Again, no matter how we slice it, hogs are always the first to get dragged through the mud. And, second, no matter how much lipstick we use, a pig is still (and always will be) a pig.

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Another outbreak solved. As we reported previously, numerous students from the Woodbury Middle School (in Salem, N.H.) and the Florence Rideout Elementary School (in Wilton, N.H.) fell ill after an overnight stay at the Stone Environmental School (in Madison, N.H.). Although approximately 120 children and adults reported some form of illness, only fifteen cases of Salmonella were confirmed. In turn, these illnesses led to the temporary closure of the camp while Department of Health and Human Services (“DHHS”) investigators worked closely with Stone Environmental to locate the source of the problem.

During the ensuing investigation, health officials confirmed that pudding served to the campers was contaminated with Salmonella. Interestingly, however, they also confirmed that the mixer used to prepare the pudding was sanitized by the camp after each use. According to Beth Daley, a DHHS epidemiologist, "the mixer was actually being sanitized in accordance with the manufacturer's specifications."

Nevertheless, it appears that, in addition to using the mixer to prepare pudding, the mixer was also used to prepare scrambled eggs (which can sometimes contain Salmonella). Thus, investigators suspect that a possible defect in the mixer design may have allowed bacteria to get into an area where it couldn't be cleaned out. The mixer has been removed and is undergoing further testing.

In any event, Stone Environmental was pleased that the source of the illness had been found. According to David Freese, executive director of the camp, "our first priority, of course, was the safety of our campers.” And, now that the likely source has been identified, both he and staff are looking forward to reopening soon.

Congratulations to both DHHS and Stone Environmental for their cooperative efforts to find and eliminate the source of these illnesses.

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Food-borne pathogens, like Salmonella, are pretty smart. According to researchers, the bugs “employ a startling array of techniques to skillfully outwit the body’s defense mechanisms and produce illness. Through their expression of genes—the fundamental building blocks of cellular physiology—the microbes ingeniously adapt to varied environments, continuously modifying their disease-causing potential or virulence.” Thus, if food-borne pathogens are outwitting us, how can we outwit them?

Research into the disease-causing potential of Salmonella from two recent NASA space missions may hold promise for improving ways to fight food-borne infections here at home. The studies were conducted because of NASA’s concern that astronauts might be more susceptible to food poisoning in space due to weakened immune systems – an unfortunate, but well-documented effect of microgravity. According to Julie Robinson, program scientist for the International Space Station at NASA's Johnson Space Center in Houston, "the research opens up new areas for investigations that may improve food treatment, develop new therapies and vaccines to combat food poisoning in humans, and protect astronauts in orbit from infectious disease."

Here at home, the studies are good news. Salmonella is a leading cause of food poisoning and related illnesses. According to the CDC, approximately 40,000 cases of Salmonella infections are reported in the United States each year.

The recent Salmonella experiments were flown on shuttle missions to the International Space Station. The experiments allowed researchers to identify a molecular "switch" that controlled Salmonella's response to spaceflight in ways not observed on Earth. The results showed that the space environment causes a short-term alteration in Salmonella virulence – the bacteria in space actually became more virulent than those on Earth.

Interestingly, researchers also discovered that a mechanical force known as "fluid shear," the motion that cells sense as fluid passes over their surface, has a dramatic effect on Salmonella's disease-causing potential. Lower fluid shear conditions, as it turns out, are found both in microgravity and in our intestines. In other words, space travel appears to have "tricked" the bacteria into behaving as though they were in the low fluid shear environment of the intestine, essentially turning on a switch inside the microbe that increases virulence.

The experiments have also helped researchers identify ways to “counter” the virulence effect. A research team led by Cheryl Nickerson, of the Biodesign Institute at Arizona State University in Tempe, found that by adjusting the ion content of the bacteria's environment, you can turn off the increased virulence caused by spaceflight. According to Nickerson, “no one had previously looked at a mechanical force like fluid shear on the disease-causing properties of a microorganism during the infection process." Armed with this discovery, researchers hope that additional research may lead to new interventions, therapies and vaccines for Salmonella and other pathogens.

Nickerson also hopes the benefits of space research will extend beyond infectious pathogens like Salmonella, eventually inspiring new clinical approaches to cancer, aging, bone and muscle wasting diseases, among other earthly afflictions.

Congrats to NASA -- and Nickerson -- for a job well done.

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As food safety lawyers and advocates, we belong to a unique and elite profession.

To be successful, we must each, without exception, be experts in food safety policy, regulation, science, surveillance and litigation. We must also, uniquely, fill dual roles of advocates for clients and leaders for industry.

With this in mind, I share the following creed, which should not only guide our own practice, but (I would hope) might inspire others within the legal profession as well:

We are food safety attorneys and advocates.

Fully realizing the challenges of our chosen profession, by our thoughts and actions, we shall always uphold the prestige, honor and high esprit-de-corps of our practice.

We realize that we are not merely attorneys who arrive to fight, but are elite advocates whose clients expect us to go farther and faster, to fight harder, and to be more successful than any other.

We shall always accord our clients our fullest loyalty, and will always bear in mind the sacred trust we have in the lives of those we accompany into the Courtroom.

We shall demonstrate to others, by our courtesy and care, that we are a well picked and well trained team.

We shall respect the abilities of our adversaries, display unparalleled initiative, and fight fairly with all our might.

We shall prove our ability against our adversaries in the Courtroom, not by quarreling aimlessly or bragging about our deeds.

We shall always realize that cases are won by fighting as a team, and that we fight first to blaze the path for others to follow and carry on.

We, by virtue of our accomplishments, belong to the finest team in the world. By our actions and deeds alone, we speak for our ability.

And, we must always, without fail, strive to uphold the honor and prestige of our practice, making our clients and colleagues not only proud of us, but also of the profession to which we belong.

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As of this morning, the CDC has confirmed a total of 40 swine flu cases in the United States (increased from 20 over the weekend). As noted in our previous post, the current strain is a mutated variant of swine flu which can be transmitted directly from person-to-person. For this and other reasons, the current illnesses are not believed to be related in any way to exposure to pigs or pork products. Click on the following link to visit the CDC Swine Flu Website.

Indeed, according to scientists at the USDA and the CDC, “swine flu viruses are not transmitted by food, so you cannot get swine flu from eating pork or pork products." Moreover, the virus (like other pathogens), even if present (through cross contamination or other means), is easily killed if heated to 160 degrees. In turn, Agriculture Secretary Tom Vilsack confirmed further that "[t]here has been no evidence,” in any event, “that [any] swine have been infected with this virus."

Echoing Vilsack’s comments, the National Pork Producers Council (“NPPC”) likewise confirmed that "pork is safe to eat, and direct contact with swine is not the source of, and U.S. pigs have not been infected with, the hybrid influenza.” According to NPPC, the CDC and the U.S. Department of Homeland Security:

• People cannot get the hybrid influenza from eating pork or pork products. Most influenza viruses, including the swine flu virus, are not spread by food. Eating properly handled and cooked pork products is safe.

• There are no food safety issues related to the hybrid flu that have been identified, according to DHS Secretary Janet Napolitano.

• Preliminary investigations have determined that none of the people infected with the hybrid flu had contact with hogs.

• This virus is very different from that found in pigs.

• The hybrid virus never has been identified in hogs in the United States or anywhere in the world.

• The hybrid virus is contagious and is spreading by human-to-human transmission.

Despite such assurances, however, Russia nevertheless suspended imports of all port products from Alabama, Arizona, Arkansas, California, Florida, Georgia, Kansas, Louisiana, New Mexico, Oklahoma and Texas (Russia has also suspended imports of all meat products from California, Kansas and Texas). Russia also suspended shipments from Mexico, Guatemala, Honduras, Dominican Republic, Colombia, Costa Rica, Cuba, Nicaragua, Panama and El Salvador.

According to the CDC, swine flu is a respiratory disease of pigs caused by type A influenza that regularly causes outbreaks of influenza among pigs. Although the disease normally does not infect humans, human infections have been known to occur in rare instances among people who are exposed to pigs. Until now, however, cases of human-to-human spread of swine flu viruses have been extremely rare. Symptoms resemble those of regular flu but, as demonstrated in the most recent mutation, the virus also has the potential to be fatal.

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As a result of an ongoing Salmonella outbreak being investigated by the CDC and FDA, the FDA has warned consumers to avoid eating raw alfalfa sprouts until further notice.

To date, 31 cases of illnesses with the outbreak strain of Salmonella Saintpaul have been confirmed in Michigan, Minnesota, Pennsylvania, South Dakota, Utah and West Virginia. In turn, most of the individuals who became ill reported eating raw alfalfa sprouts. While some cases reported eating raw sprouts at restaurants, others reported purchasing raw sprouts at the retail level. According to the FDA, the outbreak appears to be an extension of an earlier outbreak in February and March (which involved cases Nebraska, South Dakota, Iowa, Kansas, and Minnesota).  Click on the following link to view the FDA Alfalfa Sprout Notice.

Interestingly, the ongoing investigation has indicated that the Salmonella contamination in harvested sprouts may be may have originated from contaminated alfalfa sprout seeds. Thus, because suspected seed lots have been sold and grown throughout the country, and because washing the harvested products will likely not help, the FDA and CDC have warned consumers not to eat any raw sprouts from any source until further notice. 

According to the FDA, governmental investigators are working closely with the alfalfa sprout industry to identify which alfalfa seeds and sprouts are not affected, so that the current advisory can be refined as quickly as possible. 

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With numerous cases of swine flu reported in Mexico, Canada and now here at home, the United States is stepping up preparations for a possible pandemic.

As a general matter, the swine influenza A (H1N1) virus rarely infects humans. Although sporadic human cases have been reported, the virus is usually associated with exposure to pigs, and rarely transmitted between people.

Recent victims, however, have reported no exposure to swine, and investigators believe that the virus may have mutated and is spreading between humans. Symptoms include fever, lethargy, lack of appetite, coughing, runny nose, sore throat, nausea, vomiting and diarrhea. In some cases, the virus has been fatal.

In years past, there were only a few cases of swine flu reported annually in the United States. As of today, however, the CDC confirmed 20 cases of swine flu in five states:

• California: 7
• Kansas: 2
• New York City: 8
• Ohio: 1
• Texas: 2

These cases are a likely extension of the outbreak in Mexico. As of this afternoon, Mexican President Felipe Calderon said 81 deaths were suspected to be from the outbreak, and 374 people remained hospitalized. Notably, Mexico City has closed all of its schools and universities until further notice because of the virus, and troops were handing out filter masks outside the National Cathedral on Sunday morning. No masses were scheduled at the cathedral, but dozens of worshippers put on masks and went inside the church to pray on their own.

Canada has also confirmed at least six cases of illnesses, while Spain, Israel and New Zealand are investigating possible but unconfirmed cases.

In turn, the CDC is working closely with state and local officials in California, Texas, as well as with health officials in Mexico, Canada and the World Health Organization. In addition to attempting to determine the source of the U.S. infections, investigators are also attempting to determine how easily the virus is transmitted from person to person, and whether additional people may have been infected. Click on the following link to visit the CDC Swine Flu Website. 

As an aside, although the CDC reports that swine flu is not normally transmitted by food, we do know that the virus (like other pathogens), if present, is easily killed if heated to 160 degrees.

In any event, although the U.S. government has now declared “a public health emergency” -- a step Homeland Security Secretary Janet Napolitano said "sounds more severe than really it is,” – this is standard operating procedure which allows federal, state and local agencies to better direct their resources toward prevention and mitigation.

In turn, White House spokesman Robert Gibbs echoed Napolitano's comments confirming that, although the outbreak "is of great concern to the White House, it's certainly not a time to panic."

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The Stone Environmental School, where numerous school children reportedly became sick in recent weeks, temporarily closed after new cases of illness were reported last week. Previously, approximately 70 of 98 students (and staff) from the Woodbury Middle School in Salem, N.H. reported becoming sick after visiting the overnight camp. Last week, an additional 20 of 80 students who stayed at the camp (from Florence Rideout Elementary School in Wilton, N.H.) reported illness as well. Although some of the previous illnesses were caused by Salmonella, it is not yet clear whether the more recent illnesses are in any way related to the camp or exposure to the pathogen.

Nevertheless, the Stone Environmental School voluntarily suspended operations, for at least a few days, to allow health officials to continue their investigation. Click on the folloing link to see the N.H. Department of Health and Human Services Press Release.  According to Dr. Jose Montero, director of public health, "[i]t has been very difficult in this case to trace the exact source of the salmonella bacteria."

Despite a focused investigation, and close cooperation from camp officials, the original source of the Salmonella remains unknown.

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Ok. A little off the beaten path. Admittedly. But, I found the results of a recent poll too interesting to ignore completely.

While most of us know we should avoid trans fats, only 20 percent of us actually know which foods contain them. So says a survey conducted by researchers from the University of Colorado-Denver, and published in the Journal of the American Dietetic Association.

Trans fats, also known as hydrogenated oils, are produced artificially by adding extra hydrogen atoms to unsaturated vegetable oils. Historically, trans fats were favored over conventional oils because of their increased shelf life. Unlike natural oils, however, trans fats have little nutritional value, and reportedly increase the potential risk of cardiovascular disease. In essence, the experts say, trans fats increase a human body's levels of “bad” cholesterol, while lowering the levels of "good" cholesterol.

Notably, in the recent survey, 92 percent of respondents said they had heard of trans fats. Congrats (almost) to all. In turn, of those who actually heard of the fats, nearly 75 percent were aware that consuming the oils could increase the risk of heart disease. Excellent work! Nevertheless, when respondents were asked to identify only three foods that actually contain trans fats, only 21 percent were up to the challenge.  Hmmm.

So, what about the rest of us? Go ahead, ask a colleague. Or, perhaps, ask yourself. Despite all the sensationalism, media coverage, lawsuits (virtually all of which have failed) and general awareness (it would seem) of the subject, are YOU really able to name at least three foods that contain trans fats? The odds, my friends, suggest not.

In any event, just so it's clear, there's no real story (or intent) here. 

Rather, we simply happened to be, well, just a bit curious . . .

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Mother's Day is here in just 2 weeks, Sunday May 10.

For many of us who follow food safety, our earliest memories of safe and wholesome food involve our mothers. We recall sitting at the kitchen table, waiting for mom to serve up one of her great dishes; we remember our "special birthday meal" when we got to pick whatever we wanted to eat; we think about the "clean plate club," and pass on to our children the importance of quality food. Multiple meals per day, 7 days a week, mom was on duty.

Let's do something special to celebrate these women this year. Thank her for all of the things that she's done. Plan a meal and make it for her, just as she has done so many times.

And here's a video of a special Mother's Day tribute you can share with her to let her know how you feel:

 

 

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Salmonella has been getting a lot of press these days. On the heals of numerous recalls involving the pathogen in food, we learned today that as many as 50 middle school children from Salem, New Hampshire may have been sickened with Salmonella after attending an overnight camp. On Monday, the Woodbury Middle School contacted the state’s Department of Health and Human Services, advising them that approximately 50 children had called in sick. Many students reported symptoms including vomiting, diarrhea and high fever.

This, of course, prompted an investigation, and health department officials have confirmed, via stool sampling, that at least some students were infected with Salmonella. The number of ill students also continues to rise, with a total of 69 children absent from school yesterday. According to Dr. Jose Montero, the state director of public health, at least one student has been hospitalized.

Notably, last week, all of the sick children attended an overnight camp (at the Stone Environmental School in Madison, NH). In turn, health officials have been interviewing infected children, and are working quickly to determine the specific origin of the outbreak. At this point, it is not clear whether the children were exposed to Salmonella through food or environmental sources.  Thus, we’ll be sure to report if and when the source of the outbreak is confirmed.

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Who says junk food isn’t good for us? Set aside the sensational taste, an exemplary safety record and a virtually limitless shelf-life, you may be shocked to learn that potato chips and Twinkies can also save lives.

Six weeks ago, a legendary circus performer disappeared in the plush forests of Fruitland Park, Florida. Following a stellar performance in front of a lively crowd, Reggie retired backstage. Soon, however, staff discovered that Reggie was missing. And, despite a broad search, Reggie could not be found.

You see, Reggie is a Spider Monkey. Raised in captivity, his disappearance concerned the entire community. Tom Liebel, the circus owner, was devastated. “We loved him,” Liebel said. Even more worried, however, was Reggie’s long time girlfriend – Priscilla.

The news, of course, was hard for Reggie's colleagues to swallow. But, as emotions calmed, Liebel and Priscilla (yes, a monkey) began scouring the community looking for their long time companion. For weeks, their efforts were fruitless. Then, a small glimmer of hope -- Reggie was spotted. Before he could be recovered, however, a vicious dog (and unfortunate timing) scared Reggie back into the bush.

After several weeks, it seemed that Reggie might be gone forever. But, on Monday, he was spotted once again. This time, in a tree. According to witnesses, Reggie looked “lonely and scared.” Following a call to the Lake County Sheriff's Office, Liebel was contacted and told that his monkey had been found. "Me and Priscilla, we hopped in the wagon, and drove 65 mph to Fruitland Park," Liebel said.

While waiting for Liebel and Priscilla to arrive, residents devised a plan to bring Reggie home. Forget health foods like bananas, oranges or (god forbid) nuts, the neighbors coaxed Reggie from his perch with potato chips and Twinkies. They also handed him a can of Coke, which he poured on the ground and promptly sipped up.

Soon after, Liebel arrived. He stopped the wagon, and immediately cut Priscilla loose. According to witnesses, she ran straight to Reggie and smacked her lover a good one. Apparently, she wasn't happy that her boyfirend had left for six weeks. "Oh, she whooped him," resident Cynthia Moreland said. "She scolded him. It was like they had a fight."

Eventually, Priscilla and Reggie hugged, and made up. And, by the next day, all was forgotten. The two primates could be found resting outside Liebel's home in Davenport. "I think he had time to think," Liebel said. "He's now back with his wife."

In any event, despite all the dangers we hear about “junk food,” Reggie and I would disagree. In Fruitland Park (of all possible places), fast food saved the day.

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As pistachio recalls continue to expand, Setton Pistachio of Terra Bella, Inc. (“Setton”) has issued a clarification to wholesale customers regarding the identification codes for wholesale bulk pistachio products originally recalled on April 6, 2009. The clarification does not concern product codes on retail products sold to consumers (search for recalled products using the FDA Pistachio Recall database found on the left-hand side of our blog).

The April 6 voluntary recall included all roasted shelled pistachios and roasted in-shell pistachios from the 2008 crop (and a small amount from the 2007 crop that was packaged alongside the 2008 crop) due to potential contamination with Salmonella. The recall also included raw shelled pistachios from the 2008 crop (and a small amount from the 2007 crop that was packaged alongside the 2008 crop) that were not subsequently roasted prior to retail sale. Setton’s raw in-shell pistachio shipments were NOT affected by the recall.

For bulk packages received by wholesale customers, products with either "7" or "8" as the 4th digit of the FMO number, and packaged between Julian dates 245 through 366 and 001 through 084 and shipped after September 1, 2008, are included in the recall. Thus, wholesale customers should check their stocks to determine if they have any of the affected products on hand.

If wholesale customers do have products covered by the April 6 recall, they should discontinue distributing them and contact the Company at (559) 535-6050 to make arrangements for the return or appropriate destruction of the affected products. If recalled products were distributed to other firms that further mixed, repackaged or distributed the bulk products, those customers should be informed of the recall, and should be directed to contact the FDA.

A list of pistachio products NOT affected by the ongoing recalls can be found at www.pistachiorecall.org.

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Oh, how times have changed...

As reports about Somali pirates capturing ocean-going vessels increase in frequency, my own memories of time spent in Somalia came flooding back. Although I never witnessed any Somalis land ashore with armfuls of gold (or, bags of cash), I’ve watched first hand as many returned from sea with an even more spectacular treasure.

Granted, it was a long time ago. In 1993, pirating as a pastime in Somalia had not yet taken hold. Instead, most people kept their feet dry, and only ventured beyond the shores if absolutely necessary.

Inland, Somalia was experiencing a severe drought, and food was extremely scarce. Deployed to the country for months (during Operation Restore Hope) to help feed millions of starving people, we learned quickly that ARMY MREs, while safe and wholesome, tasted awful. And, because with each passing meal they tended to taste even worse, we ended up giving most away to the locals.

Thus, short on our own food, we also found ourselves (like many storied adventurers before us) asking whether, and to what extent, the ocean might satisfy our most extravagant needs. Young and restless, it wasn’t long before we mapped out a plan, commissioned a hardened “crew” of Somali hands, and armed them with dirks, daggers and nets. Heading beyond the coral reefs and into the sparkling shoal, our sailors each gave us a salute (and, we saluted back) as they embarked upon their journey to capture our most wanted trove.

With incredible efficiency, the Somali buccaneers fanned across the ocean, struck their targets with lightning speed, and returned, arms overflowing, with some of the most beautiful lobster we’d ever seen. As the sun set on the Somali coast, and the waters drew dark, we laughed, we sang, and we ate like Kings . . .

 

      

Looking back, that probably wasn’t a good idea. At the risk of sounding foolish, I can’t help feeling somewhat guilty as I watch the nightly news. Although it was merely food, we may have been the first ever to so strongly encourage, and then handsomely pay, our Somali corsairs to capture, and then deliver, such an incredible prize.

In any event, in case you were wondering, there’s a deeper (and, still hidden) message here. Food safety stories associated with Somalia (and other struggling countries) are virtually endless. In many countries, millions of people worry daily about finding any food to feed their families. In the end, many die needlessly because they have no food at all. I've watched it happen with my own eyes - and, risked my own life to prevent it.

 

     

Trust me. These people would, in an instant, trade their own circumstance for what many here in America repeatedly (and sometimes viciously) attack as our “broken food safety system.” Thus, just to make sure we’re never blinded by our own arrogance, incredible accomplishments and very good fortune, we’ll be sure (in coming posts) to explore the dichotomy between food safety here at home and food safety in those corners of the world which, to put it mildly, are much less fortunate.

In the meantime, enjoy your lobster, and steer clear of Somalia.

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After food recalls are announced, I personally scour my kitchen for evidence of the culprit.

Carefully searching all possible nooks and crannies (sometimes on my hands and knees in the deepest corner of the pantry), I liken the exercise to searching for an Easter basket or, depending on my mood, buried treasure in the Caribbean. The only difference is that if and when I find what I’m looking for, I tend not to eat it. Instead, I take it to the office (given my line of work) to show it to colleagues or put it aside for potential future testing. When the dust settles, I might even burn it – while roasting marshmallows – in the fire pit.

Following most major food product recalls, however, many consumers aren’t quite as diligent. Maybe it’s why some people drive too fast, drink too much on weekends, wander off Bourbon Street (alone) after bar close, or perhaps, even, skydive more than once in their lives.

You see, we now know that, when major food product recalls are announced, many people also don’t bother to check what they’re eating. According to a new study released by Rutgers Food Policy Institute, only about 60 percent of those interviewed reported ever having looked for recalled foods in their homes. Of those that did, only a small fraction said they actually found a recalled product.

Surprisingly, however, when people do find recalled products in their kitchen, not all of them do what they’re told. Rather than throwing the products away, a full 12 percent of those who searched for, and then actually found a recalled food, said they went ahead and ate it anyway, despite the fact it had been pulled from shelves. Hmmm.

In any event, although feeding on the edge may be popular for some, I’m not quite convinced. Do us all a favor, listen to recall warnings and eat healthy. And, remember, if you still need to satisfy that appetite for adventure, there's always Bourbon Street …

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When we think about food safety, we tend to think about hand washing, wearing gloves, refrigeration and thorough cooking. Although these are important, safety goggles are rarely mentioned – until now.

When using fresh prosciutto or produce to slice through a frozen roast or tough steak, eye protection is a must.

Most of us, of course, like to eat food. In a recent article, published in Popular Science, Theodor Gray talks at length about other essential uses. I found his article, Bacon: The Other White Heat, a bit too interesting not to share:

I recently committed myself to the goal (Gray explains), before the weekend was out, of creating a device entirely from bacon and using it to cut a steel pan in half. My initial attempts were failures, but I knew success was within reach when I was able to ignite and melt the pan using seven beef sticks and a cucumber.

No, seriously. The device I built was a form of thermal lance. A thermal lance, typically made of iron instead of bacon, is used to cut up scrap metal and rescue people from collapsed buildings. It works by blowing pure oxygen gas through a pipe packed with iron and magnesium rods. These metals are surprisingly flammable in pure oxygen, releasing a huge amount of heat as they are consumed. The result is a jet of superheated iron plasma coming out of the end of the pipe. For sheer destructive force, few tools match a thermal lance. But iron isn’t the only thing that’s flammable in a stream of pure oxygen.

        

Bacon is fattening because it contains a lot of chemical energy tied up in its proteins, and especially in its fat. You can release that energy either by digesting it or by burning it with a healthy supply of oxygen. The challenge isn’t creating the heat; it’s engineering a bacon structure strong enough to withstand the stress of a 5,000°F bacon plasma flame.

I used prosciutto (Italian for “expensive bacon”) because it is a superior engineering grade of meat. I wrapped slices of it into thin tubes and baked them overnight in a warm oven to drive off all the water. Then I bundled seven of those together, wrapped them in additional slices, and baked the bundle again until it was hard and dry.

From Table To Torch

To make an airtight, less-flammable outer casing, I wrapped this fuel core with uncooked prosciutto before attaching one end of it to an oxygen hose. You can’t imagine the feeling of triumph when I first saw the telltale signs of burning iron: sparks bursting from the metal, and then a rush of flame out of the other side as I witnessed perhaps the first-ever example of bacon-cut steel. And the lance kept on burning for about a minute.

It turns out there are much easier ways to do this. For example, while researching how to build a vegetarian lance, I hit on the perfect pipe material – hollowed-out cucumbers. The pressure-containment capacity of a standard cucumber is remarkable, and the smooth skin makes it easy to create an airtight seal with the pipe delivering oxygen to the device. A cucumber packed with beef sticks will burn for almost two minutes, and a completely vegetarian version stuffed with breadsticks, though not quite as long-lasting, still produces a very impressive flame.

The lesson here is that food is a source of serious amounts of energy. Pure oxygen helps release it in a much shorter time than usual, but it’s really the chemical energy in the bacon that makes the steel pan burn. Whether it’s worth building a bacon lance to demonstrate this – well, only you can be the judge of that. –THEODORE GRAY

Oh, and one final thought. Because the author is trained in lab safety, please do not try this at home. If you insist, we beg you, at the very least, to use safety goggles...

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The answer, I suppose, depends upon who you ask.

With increased population, improved governmental outbreak surveillance, expanding media coverage, more public awareness, better attentiveness by healthcare professionals and increased frequency (along with substantial improvements) in testing, we might be justified to expect that the numbers of confirmed food-borne illnesses would be climbing like an uncontrolled fever. Nevertheless, according to a recent report issued by the CDC, the incidence of food-borne illnesses over the last three years has actually hit a “plateau.”

The findings are from 2008 data reported by FoodNet, a collaborative project of CDC, FSIS, the FDA and 10 separate states. Click on the following link for a copy of the CDC Report. According to CDC findings, incidence rates in 2008 for Campylobacter, Listeria, E. coli O157:H7, Salmonella, Shigella and other pathogens did not change significantly when compared to the previous three years (2005-2007). Moreover, significant declines since 1996 were reported in the incidence rates involving numerous, other food-borne infections.

Despite these findings, Robert Tauxe, deputy director of CDC's Division of Food-borne, Bacterial and Mycotic Diseases, suggested that we may have “reached a plateau in the prevention of food-borne disease.” In turn, David Goldman, assistant administrator of FSIS, indicated he was “concerned about the lack of progress in reducing the incidence of food-borne illness."  Click on the following link to learn how food-borne illnesses are tracked.

Has prevention really hit a plateau? Or, could the total number of illnesses be falling? Despite dozens of feverish outbreaks (and thousands of reported illnesses) recently associated with a long list of previously never-mentioned foods (such as produce, pot pies and peanut butter), the numbers of most food-borne illnesses (according to the CDC) have been holding firm. Although it might be easy to interpret such studies at face value, the real answer (lurking somewhere in the report’s constituent ingredients) might be far more complex.

Many will admit that, in years past, given considerable limitations in surveillance, testing and reporting, a large percentage of total illnesses simply went unreported. Given better public awareness and recent strides in our ability to detect and identify a greater number of food-borne illnesses and outbreaks, the lack of any perceivable increase in the CDC numbers could actually – in my humble view – represent a decline in total cases.

So, are food-borne illnesses declining, increasing or holding firm? While I doubt (and, there is no evidence) that the incidence rates for food-borne illness are on the rise, there are plenty of reasons to believe that we may have started – at the very least – to get this fever under control.

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Easter means many things to many people. For some it is a time to celebrate faith, for others it is an opportunity to spend time with family. Children, of course, eagerly anticipate the arrival of the Easter Bunny (I personally can't wait).

Across the nation, people will be preparing large dinners and specialty dishes. In many places—not Wisconsin—spring has arrived, bringing with it sunshine and warm weather. Many families will sit outside and watch their children hunt for Easter Eggs hidden around the yard. Unfortunately, the large dinner, the homemade dishes, the outdoors, Easter Egg hunts (and, even, perhaps, cute, furry, little pocket pets like dyed chicks) have the potential to promote the spread of pathogens. Thus, it's important we all do our best to perform the simple steps which can ensure that this will be a safe and happy Easter for all. Frequent hand-washing and proper temp control, of course, virtually eliminates any risk of getting ill.

Remember, food safety starts with each of us. That said, we would like to sincerely and wholly wish you and your families a very, very Happy Easter.

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Flying off to yet another undisclosed location, to speak (once again) about food safety and litigation avoidance with the leadership of a world-class food company.

Watching the miles pass beneath our starboard wing, I couldn’t help but think about the stark contrast between such meetings and the indiscriminate rhetoric Americans are often force-fed about food processors “not caring” about the quality of their products. The reality, however, is that most large companies (and their dedicated food safety professionals) are passionate about the safety of the food they make. In the end, these companies, and their hard working employees, provide American families nearly 365 billion safe meals (not including snacks) each year. In turn, I have been honored to consult closely with many of these manufacturers who, at all levels, work tirelessly to identify and address potential problems long before they occur. And, they want to do even better.

So, keep an open mind. While some companies earn the criticism they receive, many segments of the industry (those not mentioned regularly in the nightly news) are doing their level best – behind the scenes – to ensure the products they make are, indeed, the safest on the planet.

With that said, I fully expect this to be an outstanding trip. The warm chocolate chip cookies served on the flight were a nice and welcome departure from the usual, and increasingly emblematic, bag of nuts . . .

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Nuts. Following one of the largest food recalls in history (involving peanut products distributed by PCA), the pattern may be repeating. Setton Pistachio of Terra Bella, Inc. (in California), is expanding its earlier recall of 2,000,000 pounds of pistachios to include ALL pistachios produced in 2008.

That’s a lot of pistachios. Setton, reportedly, is the second largest pistachio distributor in the nation.

As the FDA and the California Department of Public Health continue to investigate Salmonella contamination in pistachios, Setton voluntarily expanded its March 30, 2008 recall to include all lots of roasted in-shell pistachios and roasted shelled pistachios produced from nuts harvested in 2008. The Company is also recalling all raw shelled pistachios from the 2008 crop that are not subsequently roasted prior to retail sale.

Because the pistachios were sold to numerous downstream customers, and used as ingredients in a wide variety of foods, the expanded recall will likely affect many additional products, and is expected to result in numerous additional recalls. Click on the following link for a searchable database of recalled products. This database is updated continuously by the FDA, and will likely grow as potentially affected products are identified and new recalls are announced.

In the meantime, the FDA is advising wholesalers, retailers, restaurants and food service establishments not to sell or serve any pistachios (or pistachio-containing products) until the original source of the pistachios can be determined. Companies should check with their suppliers to determine whether the source of the pistachios is Setton. Additionally, consumers should not eat pistachios or food products containing them (such as pistachio bakery goods and pistachio ice cream) until they determine that the products are not affected by the recall. Visit the following link for a list of those products NOT believed to be affected by the current recalls.

As noted, the recalls triggered earlier this year by investigations into PCA were some of the largest in history. Thousands of products and hundreds of companies were affected. In turn, as the current pistachio investigation continues, we will wait patiently to see whether, and to what extent, pistachios can distinguish (or, at the very least, unstick) themselves from peanut butter . . . 

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The depth of the Gass Weber Mullins national trial team was enhanced recently with the addition of two former judges, Michael Brennan and John Franke.

Pete Millard, of The Business Journal Of Milwaukee, reported today on the exciting, new development:

Day after day, week after week, former Milwaukee County Circuit Court Judge John Franke presided over complex civil litigation cases and witnessed trial lawyers stumble through their closing arguments. "Sometimes I’d get so frustrated as a judge I longed to get down from the bench and give the closing arguments,” said Franke, who spent the past 21 years as a Circuit Court judge.

Franke followed through on his personal desire to join the trial lawyer ranks by resigning as a judge to join the national trial law firm Gass Weber Mullins LLC in early 2009. Franke, who handled more than 600 trials while on the Milwaukee County Circuit Court, is one of two former Milwaukee County judges adding their expertise to Gass Weber Mullins, a five-year-old firm based in Milwaukee.

Franke’s one-time Milwaukee County Circuit Court colleague, Michael Brennan, also left the judicial brotherhood after nine years on the bench to return to his roots as a trial lawyer with Gass Weber Mullins.

We, of course, are proud to have both judges join our team. And, we look forward to working closely with Mike and John, as we continue to manage our clients’ most difficult cases across the nation.

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According to recent reports, Setton Pistachio, the California company that recalled nearly 2,000,000 pounds of pistachios in recent days, had received positive Salmonella test results in various products for as long as five months. Despite such findings in its own, internal testing, none of the results had been shared (until recently) by the company.

Following the discovery of Salmonella by a Setton customer, the FDA was promptly notified and the company issued a recall of their products. In turn, the FDA launched its own investigation, and discovered that Setton’s own internal testing had previously detected the presence of Salmonella in its products.

Although it appears, at this point, that any lots testing positive had been destroyed by the company (we are waiting for confirmation), the root cause of the contamination remains a mystery. Because the pistachios are roasted to a temperature that should kill any Salmonella that may be present, the positive test results suggest the pistachios may have been contaminated post-intervention.

In any event, as the investigation continues, we will, of course, continue to report on emerging developments.

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These guys are everywhere. And, proving to be a bit nimble, as well.

Following recent Salmonella recalls involving peanuts, peanut butter, pepper and pistachios, we can now add mayonnaise to the list. After receiving word from an outside supplier of possible salmonella contamination in an egg product used to make Kroger brand mayonnaise, the grocery chain promptly announced a recall of all potentially affected products.

The recall involves 32-ounce plastic jars of Kroger Lite Mayo, sold in Kroger stores in three states (Ohio, northern Kentucky and southeast Indiana). The suspect jars have a "Sell by" date of "SEP-25-09."

According to Kroger, the precautionary recall was prompted as a result of the raw material testing and, to date, no illnesses have been reported. Nevertheless, customers are being advised not to eat the mayo, and to return any unused portions to the store.

Special thanks to Kroger and its suppliers for robust protocols to catch this potential problem early. Once again, the system worked as it should.

And, although some of our most favorite spreads are, well, spread a bit thin, don’t despair. When life serves you peanuts (or mayo), there’s always jelly.

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A close friend (also a huge sushi and tuna fan) recently asked me to write something interesting about "fish."  I, of course, hate to disappoint... 

We obviously spend a fair amount of time writing about the food we eat. We also inquire often why the animals we eat are allowed to carry pathogens, and what can be done about it. Well, what if the tables were turned? Paging through a recent issue of Popular Science, I stumbled across an article inquiring how long it would take a school of piranhas -- you guessed it -- to eat a human being. Although I personally don’t care (and, don’t plan to swim in the Amazon any time soon), I’m sure the topic interests some.

Nevertheless, as I slid the magazine back onto the magazine rack, I found myself wondering whether humans would actually be “safe” for piranhas (or any other creatures) to consume? Although the article suggested that a school of piranhas could dispatch a human being in about 5 minutes, would it be worth it? Put the meal itself aside. Humans, like other living creatures (from chickens to cattle) can carry and shed bacteria. Whether generic E. coli, Salmonella or Clostridium Perfringens, the simple fact is that people are all capable of harboring bad bugs.

Thus, to placate my friend, and to liven the debate if only briefly, we're all interested in the answer to this simple question. Are humans really safe for piranhas to eat?

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Gone are the days when Salmonella was associated with a few, select food products. Recent Salmonella outbreaks and recalls have involved popular foods such as poultry, pot pies, peppers, pepper (the spice), peanut butter, peanuts and now . . . pistachios. 

Following the discovery of Salmonella in its products, California-based Setton Farms (the second-largest pistachio producer in the nation) announced a voluntary recall of up to 1,000,000 pounds of pistachios. The nuts originated from Terra Bella, California, about 75 miles south of Fresno. Although raw pistachios are roasted to a temperature that will typically kill the pathogen, the positive test results suggest that the pistachios may have been contaminated post-intervention.

The products were distributed from California to a plethora of places throughout the United States. The bulk pistachios, typically shipped in 2,000-pound containers, were either repackaged by customers for resale or incorporated into other food products such as ice cream and trail mix. Popular foods, all.

On March 24, 2009, Kraft Foods (one of about three dozen companies that purchase pistachios from Setton Farms) notified the FDA that it discovered Salmonella in the products during routine probing. Working closely with health officials, Setton Farms quickly issued a recall of all potentially affected products.  In this case, it would appear, the system worked Perfectly.

To date, there have been no confirmed illnesses associated with these products. Although the FDA has reportedly received two complaints from two people (on the East and West coasts) who allegedly felt poor after eating pistachios, a link to Setton Farms, while possible, has not yet been proven.

As an aside, the Setton Farms voluntary recall is not in any way related to the recent PCA recalls associated with peanuts or peanut butter (from Blakely or . . . Plainview).

So, what’s the potential link between pathogens and popular foods starting with the letter “P”? Probing Question. Given past Salmonella issues associated with other popular purchases -- from Pets (including Parrots and Pythons) to Pet Foods (some made with Pork) -- we all remain a bit, well, Perplexed . . .

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On the heels of one Salmonella outbreak comes word of yet another. This time, a variety of spices manufactured by the Union International Food Company (and distributed under the Lian How brand name) have been identified as the likely culprits. Investigators with the Oregon Department of Human Services reacted quickly, and were able to isolate the outbreak strain from a sample of ground black pepper. Congratulations for a job well done.

Although Union International has announced a recall of its products, the ultimate origin of the spices has yet to be identified. Could it have come from outside of the United States, we wonder? It will be interesting to find out. In the meantime, we are being told that consumers – especially patrons of Chinese and Vietnamese restaurants – should avoid adding ground pepper or other spices to their prepared dishes. So far, the company has recalled White Pepper, Whole White Pepper, Black Pepper, Whole Black Pepper, Cayenne Pepper, Paprika, Chopped Onion, Onion Powder, Garlic (chopped, minced, powder and granulated), Curry Powder, Mustard Powder and Wasabi Powder.

In related news, the CDC evidently couldn’t wait, in the midst of a pepper recall, to warn us that we’re all eating too much salt. In a new study, released at about the same time as the recalls were being announced, the CDC complained that Americans on average eat twice the daily "recommended" sodium levels. Thanks.

Thus, in addition to not eating pepper, we must also cut back on salt.

So, next time you sit down for a meal, instead of passing the salt and pepper, you might be well advised to just . . . “pass.”

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The West wasn’t won on salads.

It was won on beef.  Some say it’s why man invented fire, others claim it’s why space aliens steal our cows. For me, it’s what I do (plus, I like the texture). As excitement builds in advance of the NCAA Championship, let’s not forget why we’re here. Although ESPN is a leader in basketball coverage, they’re even better reporting on Meat.

According to ESPN’s Paul Lukas, “[wh]en it comes to food, meat's the treat to eat that can't be beat.” So, let’s set aside, for a moment, that big tangerine ball. Behind the scenes, an even larger battle is brewing.

What is, we ask, the best meat in the world? Welcome to Meat Madness (Click here for the Brackets).

As No. 1 seeded Porterhouse squares off against No. 16 Steak-ums in the Beef Region, Bacon and Hog Jowl are going head-to-head in Pork.

At the table in the Sausage Region are Pepperoni (4) – reportedly a little thin following recent injuries – and the Bangers (13) who, as we all know, are absolutely “on fire.” Personally, I'm expecting an upset. The Bangers, in my opinion, stand a good chance of cleaning Pepperoni's plate.

In the Miscellaneous Region, however, things are still the air. With Duck (5) hosting Cornish Hen (12), most predict a dog fight.  We, at the very least, would anticipate a high-scoring, um, "game." 

So, my plans for the weekend?

Waiting to see who makes the "Sizzling Sixteen." Salivating, actually. We'll be sitting down tomorrow with some beef jerky (not in the tournament) and turning on the cable. If you’re interested in the hunt, feel free to stop by. Otherwise, check out the predictions and Meat Brackets for yourself. 

We’re all watching this one closely.

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Food safety has long been a battle fought on multiple fronts. Once again, the principle proves true. As we continue to report on the absence of effective food safety laws abroad, our colleagues here at home are working feverishly to improve the effectiveness and efficiency of our own food safety system.

Is it possible, some ask, that all federal food safety responsibilities might be integrated into a single food safety agency? Although not likely in the very short-term, it would seem, at the very least, that the table is being set. As the search continues for new solutions to new food safety challenges, Trust for America's Health, along with the Robert Wood Johnson Foundation, released a report advocating significant changes to our national food safety system. The report, Keeping America's Food Safe: A Blueprint for Fixing the Food Safety System at the U.S. Department of Health and Human Services, outlines various weaknesses in the current system, and proposes, among other things, numerous improvements to the food safety functions of the  Department of Health and Human Services (“HHS”). In essence, the report advocates (as a first step) the creation of a new, stand-alone food agency within HHS.

Currently, the Food and Drug Administration (“FDA”), an agency within HHS, has responsibility for regulating the safety of drugs, medical devices and many foods. Although the United States Department of Agriculture, through its Food Safety and Inspection Service (“FSIS”), is responsibile for all meat, poultry and egg products sold in interstate commerce, the FDA regulates the safety of virtually all other foods (Learn how our food is currently regulated). To view the current, rather confusing, organizational structure of the FDA, click on the following link :

 

          

 

To increase efficiency (and decrease confusion), the new report urges Congress to quickly create a stand-alone Food Safety Administration (“FSA”) within HHS. Conceptually, the proposal would effectively split the FDA into two seperate agencies, each operating on the same plane - one devoted to food and the other devoted to drugs and medical devices. While the FSA would be responsible for regulating food safety, the drug and device sections of the FDA would become a separate agency called the “Federal Drug and Device Administration.” According to the report, a stand-alone food agency would fix the following key weaknesses under the current  structure:

• Inadequate leadership, prioritization, and coordination within FDA: No FDA official whose full-time job is food safety has line authority over all food safety functions. FDA's three major food safety components are managed separately, hampering efforts to effectively prevent disease outbreaks.

• Inadequate technologies and inspection practices: Current laws and practices are antiquated. Existing laws date back to 1906 and 1938, and policies are disproportionately focused on monitoring food after it has been produced, instead of trying to prevent and detect problems throughout the entire production process. And, there is no system in place to keep inspection practices up-to-date with the constantly modernizing food production technologies and practices.

• Inadequate staffing and resources: The FDA's Science Board found the agency is chronically underfunded. While the U.S. Government Accountability Office reports the turnover rate in FDA science staff in key areas, including food safety, is twice that of other government agencies.

• Inadequate inspection of imports (my favorite): Only one percent of imported foods are currently inspected, even though approximately 60 percent of fresh fruits and vegetables and 75 percent of seafood Americans consume is imported.

A stand-alone food safety agency such as the FSA would also, according to the report's authors, result in integrated and accountable senior leadership, integrated public health and science functions, and integrated compliance and enforcement programs. Click here (or on the picture to the right) to view the proposed organizational structure of a new FSA.  Ultimately, according to Risa Lavizzo-Mourey, president and CEO of RWJF, the proposal contained within the report is needed to ensure that "food safety [becomes] a priority on the prevention menu." 

Notably, in addition to the significant proposed changes to the fundamental structure of FDA, the report advocates (as a second step) potential future changes to FSIS and other agencies as well. Although FSIS in the short-term would likey continue to operate within the USDA as a separate agency, the report ultimately recommends that all current federal food safety functions (including FSIS responsibilities) should eventually be integrated into a single food safety agency. Thus, although the proposed immediate changes to the FDA will likely garner the most attention as the report is studied and considered, pointed advocacy for a single food safety administration (for all federal food regulatory functions) will likely follow.

In any event, as part of its vision, the report also recommends that a spot at the table be cleared (assuming a new food safety agency is created) for a single Food Safety Czar. We, of course, will wait for a response from Congress and the Obama Administration before we offer our comments on potential candidates . . .

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Helping a friend remodel his home this weekend, we pondered briefly (during a short break for dinner) whether the food we were eating was made in the U.S. or China. Although China was a possibility, I didn’t have the heart to tell my close friend that, even if the food didn’t kill us, his new drywall might. Health officials from numerous states are now looking into claims that Chinese-made drywall poses health risks to consumers. It has been alleged that the drywall has been emitting sulfur-based gases, which corrode electrical wiring (ruining common household appliances) and may even make people sick. Following numerous complaints, limited laboratory testing of Chinese-made drywall found that it contained higher levels of sulfuric and organic compounds (some of which could cause severe illness) than American-made samples. Additional testing, however, is needed to determine the extent to which the Chinese-made products may be responsible for the growing number of complaints. For more information, please visit the Florida Department of Health Drywall Website, which is devoted specifically to this developing issue.

These disturbing reports, of course, come only months after 2008 Chinese milk scandal. As you may recall, Chinese-manufactured milk, infant formula, and other food products were found to be tainted by melamine – an inexpensive but harmful substance that can cause severe health problems. Following reports of numerous illnesses, it was discovered that Chinese companies were adding the industrial chemical to their food products because it can artificially make poor quality or inferior foods appear to have higher protein content. In turn, when consumed in large quantities, melamine can lead to the formation of dangerous crystals in the kidneys, and can result in organ failure. When the Chinese melamine outbreak was finally contained, China reluctantly reported that 300,000 people were affected, 860 babies were hospitalized, and at least 6 people died. Although these are large numbers, I personally doubt they are accurate. China has no real food-borne illness reporting or surveillance system like in the U.S., and the total people affected by the scandal (and other unreported food-related illnesses and outbreaks in China) is likely staggering.

Although China is continuing its “investigations” into the melamine scandal, and recently “fired” a number of high-level industry regulators, this is likely little more than political gamesmanship. China has done little to impress when it come to food safety. If the Chinese leadership really wanted to make a difference, it would be well-advised to look beyond a few, select personnel changes, and promptly invest billions into new system of food safety regulation, enforcement and oversight. And, although China did recently enact various “new” food laws (which will go into effect in June), popular thinking suggests that, with still relatively few regulations, multiple agencies with competing responsibilities, uneven enforcement, rampant corruption and nearly 500,000 food companies to regulate, not much will change. Sounds to me like a missed opportunity. Although our own system is not perfect, we are at least well-suited to quickly identify, capture and solve problems when they do occur.

In any event, once China gets its act together and begins addressing seriously its growing and ominous food safety problems, perhaps it can come replace my friend's drywall.

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As industry continues to announce recalls of peanut butter products affected by the ongoing Salmonella Typhimurium outbreak, Congressman Waxman held hearings focused on shortcomings in the third-party food safety audits perfomed on behalf of the Peanut Corporation of America (“PCA”). The hearings were triggered after the American Institute of Baking (“AIB”), a private auditing company hired by PCA, was accused of failing to identify various sanitary problems during food safety audits of PCA's facility. Click on the link to view a copy of Congressman Waxman's Opening Remarks.

On March 5, 2009, Michael Moss and Andrew Martin of the New York Times were the first to critique the AIB audits in their article, “Food Safety Problems Slip Past Private Inspectors.” We similarly reported about various inconsistencies found in AIB's reports involving PCA’s plants. On March 27, 2008, for instance, an AIB Food Safety Audit gave PCA credit for developing and implementing a HACCP program “for all processes and product lines.” On April 29, 2008, however, a NSF Cook & Thurber Audit found “[no] documented . . . Hazard Analysis for each of the process steps.”

During the hearings, held by the House Energy and Commerce Subcommittee on Oversight and Investigations, it was also revealed that at least one food company, Nestle USA, used its own inspectors to audit PCA’s facilities. Following a 2002 Nestle Audit, the company concluded that PCA failed to meet its minimum requirements for suppliers. In turn, Nestle elected not to purchase peanut butter products from PCA. In a separate 2006 Nestle Audit of PCA’s Plainview, Texas facility, the company once again concluded that PCA failed to satisfy its food safety standards. While Nestle’s own audits identified numerous key food safety and sanitary issues in this facility, AIB in 2008 awarded PCA a certificate for "superior quality” following its own audit of the plant:

 

           

As we reported previously, PCA voluntarily closed its Plainview facility in February 2009 (only months after this certificate was issued), after governmental investigators discovered numerous sanitary issues existing in the plant. As a result of its own, continuing investigation, Texas health officials eventually ordered a recall of all products ever produced at the facility since it opened in March 2005.  Click on the link to view photos of the insanitary conditions of PCA's facilities.

Many companies that purchased peanut butter from PCA, of course, relied upon the inspections and conclusions of auditors like AIB. Kellogg, one of the companies which relied upon such third-party reports, lost $70 million after having to recall millions of packages of peanut butter crackers manufactured using PCA raw materials. In turn, David Mackay, Kellogg’s chief executive officer, recently joined the growing ranks of responsible food companies seeking tighter food safety laws.  Click on the link to view a copy of Mackay's Statement.  Also providing statements were Martin Kanan (President and CEO of Kanan Enterprises, Inc. d/b/a King Nut), and Heather Isely (Vice President of Vitamin Cottage Natural Foods).  On January 6, 2009, Salmonella was isolated from King Nut peanut butter manufactured using raw materials from PCA's Blakely, Georgia facility.  As recalls of King Nut peanut butter were announced, the source of the pathogen was quickly traced to PCA.  In turn, Vitamin Cottage peanut butter products, made from raw materials from PCA's Plainview, Texas facility, were also found to contain Salmonella.

During testimony today, the committee also released numerous emails exchange before and during the ongoing recalls. In one email, written before the source of the outbreak was identified, Pete Hatfield (an AIB Auditor) tells Sammy Lightsey (a PCA plant manager) that he’s “lucky” Hatfield is performing his annual food safety audit. Click on the link to view the Lightsey email.

In a second email, written as the source of the emerging outbreak was discovered, Stewart Parnell (the President of PCA) tells Joe Valenza (the Vice President of King Nut) that he “[was] sure it's something we did." Recognizing that recalls could not be avoided, Parnell concludes: "now my heart is really in my throat.  I think I'm going to church tonight." Click on the link to view the Parnell email.

In the third email, written as hundreds of recalls had already been announced, NSF representatives discuss the concerns raised by the AIB audits, the lack of micro data made available by PCA to auditors, and the potential implications for third-party auditing firms. Click on the link to view the NSF / Slawinski email.

Debate has begun and will surely continue regarding the quality of third-party food safety audits. Although most audits are valuable, and play an important role in our food safety system, we trust that, moving forward, all auditors, and the companies that rely upon their conclusions, will not repeat the mistakes of a select few.

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