Defending Food Safety : Food Safety Defense Lawyer & Attorney : Gass Weber Mullins Law Firm : National Food Product Defense Counsel : Defending Food Safety Blog

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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At a recent conference focused on the prevention of E. coli, the USDA came prepared to comment on its current thinking relating to new and emerging policy initiatives. In turn, Dan Engeljohn (Deputy Assistant Administrator of the FSIS Office of Policy and Program Development) offered a number of pointed observations.

In cases involving a further processor which commingles raw materials from multiple suppliers, it can sometimes be difficult to trace the source of a subsequent outbreak to a single supplier. As a result, Engeljohn explained that the USDA is currently analyzing the merits of using the internal microbiological testing data generated by a further processor of product testing positive for pathogens to help the agency trace the pathogen back to the originating slaughter facility.

With respect to slaughter facilities themselves, Engeljohn also announced that the USDA may issue criteria for assessing prudent "high event day determinations.” Although the USDA concedes that 100 percent testing at any large slaughter operation would likely produce at least some positives during any given day of production, Engeljohn noted further that a large number of positives in a short period of time could potentially be a red flag.

Engeljohn also confirmed that the USDA is continuing its work on validating the methodology for testing and identifying non-O157 Shiga Toxin-Producing E. coli (STECS), from six serogroups (O26, O103, O111, O121, O45 and O145), in FSIS samples. Once sufficient baseline data can be collected and assessed, the agency will likely make a determination whether to classify any of these pathogens as adulterants in raw ground product. In addition, although whole-intact cuts of beef containing E. coli O157:H7 are not considered adulterated under current law, Engeljohn suggested that USDA is continuing to consider whether it may someday modify this standard.

Moving forward, we will, of course, continue to report on new and emerging 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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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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Researchers at Purdue University have designed a device which uses electricity to kill harmful pathogens in prepackaged foods. Dr. Kevin Keener, an associate professor in the Department of Food Science, developed the technology.  According to Keener, the device uses high-voltage coils to ionize oxygen (which creates a plasma field) inside a sealed package of food. The plasma field, which increases temperature by only a few degrees, does not alter the product, but will kill any harmful bacteria such as E. coli O157:H7 and Salmonella that may be present.

The technology works by placing two high-voltage, low-watt coils on the outside of a sealed package of food. The oxygen in the package is charged, becomes ionized and then turns into ozone. In turn, the ozone kills bacteria such as E. coli and Salmonella. The process uses only 30-40 watts of electricity (less than most incandescent light bulbs), and treatment times range from 30 seconds to about five minutes. Eventually, once the charge is removed, the ionized gas will revert back to its original composition. "It's kind of like charging a battery,” said Keener. “We're [simply] charging a sample without electrode intrusion."

According to Keener, the testing has worked with glass containers, flexible plastic-like food-storage bags and rigid plastics, such as strawberry cartons and pill bottles. "Conceptually, we can put any kind of packaged food we want in there," said Keener. "So far, it has worked on spinach and tomatoes, but it could work on any type of produce or other food." He also said the technology could work to ensure pharmaceuticals are free from bacteria.

The next step, reported Keener, is to develop a commercial prototype of the device that could work on large quantities of food.

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