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

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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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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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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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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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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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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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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