Food Poisoning Law Blog : Food Poisoning Lawyer & Attorney : PritzkerLaw : Food Safety, Outbreaks & Recalls

Raw milk sold at farmers markets in Portland, Maine will not be required to carry a warning, the city council decided last night.

The city’s health department had recommended that warnings citing the health risks of raw milk be posted on placards or handouts where raw milk was sold, but the council voted against the proposed measure calling it “unfair and arbitrary.”

Raw, or unpasteurized, milk can carry dangerous pathogens such as Salmonella, E.coli, Campylobacter and Listeria, which is why many medical and scientific organizations including the Centers for Disease Control and Prevention (CDC), the Food and Drug Administration, the American Academy of Pediatrics, the American Veterinary Medical Association, the National Association of State Public Health Veterinarians, all recommend that milk intended for human consumption be pasteurized.

The CDC reports that raw milk accounts for the bulk of dairy-associated foodborne illness outbreaks and estimates that raw milk causes an average of eight foodborne illness outbreaks every year.

So far this year, an ongoing multistate outbreak linked to raw milk produced on a Pennsylvania farm has sickened at least 43 people with Campylobacter infections, according to state health officials. From 2009 through 2011, there were 29 foodborne illness outbreaks linked to raw milk or raw cheese. And between 1998 and 2009, there were 93 reported outbreaks of foodborne illness linked to raw milk and raw milk products, according to the CDC. Those outbreaks sickened a total of 1,837 people, hospitalizing 195 and killing two.

If you have legal questions about an illness or hospitalization associated with raw milk, contact the food safety lawyers at PritzkerOlsen P.A. for a free consultation.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 "Walking tacos'' sold at the Pierre-Mitchell high school basketball game in Pierre, South Dakota, last week was the likely cause of a food illness outbreak that appears to have sickened more than 50 people.

State Epidemiologist Lon Kightlinger said testing revealed the outbreak organism to be clostridium perfringens,, or C. perfringens, a bacteria found on raw meat that can spread if cooking doesn't kill it and the meat is left to simmer at temperatures that are too low. The game took place at Riggs High School.

Walking tacos is a portable dish created by adding ground beef, cheese and salsa to a small bag of corn chips. Seventy-five percent of the respondents who ate the tacos reported becoming ill, Kightlinger said.

The DOH had 217 voluntary telephone and website responses from both well and ill people who attended the game in Pierre. The case remains open, but Kightlinger believes the problem was limited to the basketball game.

Symptoms of clostridium perfringens include diarrhea and cramps lasting less than 24 hours, or longer in some cases. The onset of illness is usually quick and in this case, three quarters of those who became ill reported getting sick between midnight and 6 a.m. the following morning.

The South Dakota Department of Health has posted on its webste a food safety lesson from the USDA titled "Cooking for Groups. A volunteer's guide to food safety.'' 

Source: The Daily Republic

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Commercially available Salmonella latched onto the lab coats, pens, keys, cell phones, mp3 players and whatnot of microbiology students and workers in an outbreak of Salmonella Typhimurium that sickened more than 100 people in 38 states, killing one.

In a final report on the year-long outbreak, the Centers for Disease Control and Prevention (CDC) this week reported a correlation between illness and a lack of biosafety training and awareness. Minnesota and Pennsylvania led the country with nine illnesses each while Georgia had six cases and the state of Washington had five. Several states had four case patients.

The illnesses began showing up in late August 2010 and the outbreak lasted through June 2011. Among those sickened by the organism were children at the homes of lab students and workers -- proof that the pathogen traveled on objects needlessly taken into a laboratory or on lab clothing that should only have left the facility for laundering.

The link between illness and lack of biosafety awareness and training was found in professional surveys among varying groups of lab workers and students.

"Staff working at laboratories that were associated with illness were less likely to have knowledge of biosafety training materials,'' the CDC report said. "In comparison, staff working in laboratories that were not associated with illness were more likely to train students and staff on the signs and symptoms of infection with Salmonella when conducting safety training.''

The CDC report included advice to students, lab workers and lab managers. One piece of advice for managers is to use either non-pathogenic or attenuated bacterial strains when possible, especially when teaching.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Wal-Mart has pulled a batch of Enfamil powdered baby formula from the shelves of more than 3,000 of its stores nationwide after a Missouri newborn boy who was fed the formula died from a rare foodborne pathogen, according to the Associated Press.

The federal government has not ordered an official recall of the 12.5-ounce cans of Enfamil Newborn powder with the lot number ZP1K7G. The manufacturer of the formula, Mead Johnson Nutrition based in Glenview, Ill., said its records showed the lot tested negative for the bacterium before it was shipped, according to the AP.

Wal-Mart decided to pulled the formula while state and federal health officials investigate "out of an abundance of caution" Wal-Mart spokeswoman Dianna Gee said Wednesday. The Missouri Department of Health and Senior Services (MDHSS) sent samples of the formula that had been given to 10-day-old Avery Cornett to the Centers for Disease Control and Prevention and the U.S. Food and Drug Administration for testing, said Gena Terlizzi, an MDHSS spokeswoman.

"At this point it has not been determined whether the illness is linked to the formula or an outside source," Terlizzi said in a statement.

Avery was taken to St. John's Hospital-Lebanon late last week after appearing lethargic and displaying what his family said were signs of a stomach ache, the Lebanon Daily Record reported.
He was later moved to St. John's Hospital-Springfield where preliminary tests showed that he had contracted a rare bacterial infection, Cronobacter sakazakii, a foodborne pathogen, the newspaper reported. He died Sunday after being removed from life support.

Avery had been fed Enfamil Newborn powder that was purchased at a Walmart store in Lebanon. The store stopped selling the product after learning of his death. 

Christopher Perille, a spokesman for Mead Johnson Nutrition, said Enfamil Newborn powder is sold at a variety of retailers, but he didn't have information about whether other companies received units from the lot now being investigated, according to the story. Perille said all of the Mead Johnson’s infant formula products are put through rigorous testing as they are produced, packaged and sealed. "One of the things every batch of product is tested for is Cronobacter," Perille told the AP. "We went back and checked on the batch in question, and it had tested negative for Cronobacter."

Public health investigators seeking the source of Avery's infection will also look at environmental factors, such as the water used in preparing the powdered formula, and at anything else the baby might have ingested, Perille said.

In a recent study, researchers from University College Dublin, in Dublin, Ireland described Cronobacter as “opportunistic pathogens and are linked with life-threatening infections in neonates. Clinical symptoms of Cronobacter infection include necrotizing enterocolitis, bacteremia, and meningitis, with case fatality rates of 50-80% being reported. Contaminated powdered infant formula has been epidemiologically linked with infections.”

The attorneys at PrtitzkerOlsen P.A., a national leader in foodborne illness law, can answer legal questions about an illness or death associated with this recall.  Contact them for a free consultation.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Food safety is the most important factor in cooking and baking. Perishable foods, such as raw meats, eggs, poultry, seafood, and raw produce can cause food borne illness. Sometimes an adulterated product will make you sick even if you do everything right. You can reduce your risk of contacting a food borne illness by following safe food handling practices.

1. Wash Your Hands. Always wash your hands before handling food, while you’re preparing food, after handling raw meats, eggs, poultry, seafood, and produce, and after you finish cooking. Always wash your hands after using the bathroom, touching a pet, or changing a diaper. Wash your hands using warm soapy water for at least 20 seconds. Be sure to clean under your fingernails too. For more details, please see CDC Hand Washing Tips.

2. Cook meats and eggs to a safe internal temperature. Refer to this safe food temperature chart for more information. Use a reliable food thermometer to test the final temperature of all meats, poultry, seafood, and eggs. If you don’t have a food thermometer, you can check the color meat juices and refer to other doneness tests, although those tests are not as reliable as temperature. Ground meat and poultry juices should be clear when the meat is cooked. Beef steaks and roasts should be cooked to a minimum temperature of 140 degrees F; pork to 145 degrees F, chicken and turkey to 165 degrees F, and seafood to 145 degrees F. Cook casseroles until the center reaches 165 degrees F. Ground meats, including hamburgers, should be cooked to 165 degrees F. Egg yolks should be firm and not runny. Shellfish should be firm and opaque when properly cooked.

3. Avoid cross-contamination by separating raw uncooked foods from foods that will be eaten raw. Store uncooked perishable foods and foods to be eaten raw separately. Never store raw meats on a shelf above produce such as apples or lettuce, because the meat juices may drip onto the raw produce and contaminate it. Never put cooked meats onto a platter that held the uncooked product. And be careful about keeping your

4. Refrigerate perishable foods promptly. Perishable foods should never be out of refrigeration longer than 2 hours; 1 hour if the air temperature is above 80 degrees F. And remember this includes bringing food home from the grocery store! Put raw meats, poultry, seafood, and eggs into your shopping basket just before you head to the check out line. And after shopping, go straight home. Get those perishable foods into the refrigerator or freezer as soon as possible. If you live some distance from the grocery store or farmer’s market, put a cooler filled with ice or frozen gel packs in your car and use that to hold perishable foods.

5. Clean knives, cutting boards, countertops, and the kitchen sink after preparing raw meats, poultry, seafood, and eggs. Use warm soapy water and scrub for at least 20 seconds. Sanitize your work surfaces by using a solution of 1 tablespoon of regular chlorine bleach (unscented only please) mixed with a gallon of warm water. And clean your sponges and towels too! Think about using paper towels to dry your hands and clean the kitchen instead of dish towels or sponges. While less environmentally sound, paper towels are single-use and won’t harbor bacteria like a wet dish towel or sponge can. If you do choose to use dish towels or sponges, wash them regularly with bleach. You can put sponges in the top shelf of the dishwasher after each use; that will help sterilize them.

6. Make sure that your refrigerator and freezer are set at safe temperatures. The refrigerator temperature should be between 33 degrees and 39 degrees F. Your freezer should be set at 0 degrees F or lower. Use a thermometer to make sure the temperature inside these appliances is low enough. If the power goes out, you’ll need to take special precautions to ensure that your food stays safe and wholesome.

7. Check expiration dates before consuming food. Those dates usually state the last date a shelf-stable food retains quality. But perishable products such as meats, pasteurized eggs, poultry, and seafood should always be consumed before the expiration date. At the store, buy foods with expiration dates as far into the future as you can find.

8. Use your refrigerator to marinate and thaw meats. Marinate meats in the refrigerator, never on the countertop, since bacteria grow rapidly at temperatures between 40 degrees and 140 degrees F. This will take some planning on your part so the meat is ready to cook when you’re ready to eat, as larger cuts of meat may take days to thaw in the fridge.

9. Wash produce before eating. Rinse fresh fruits and veggies under cool running water, then scrub firm produce with a clean brush. You may want to use a commercial food wash, or make your own wash. Make sure that you wash all produce, even those with rinds or thick skins that you remove before eating, such as cantaloupes and onions. When you cut into those foods, the knife can easily transfer bacteria on the peel or rind to the flesh. While you are supposed to wash your hands and work surfaces with soap and water, don’t use soap on food products. Detergents and soap aren’t approved for use on foods. Always cut off and removed damaged, cut, soft, or bruised areas of produce before eating them. Bacteria can thrive in damaged areas of produce. When you buy produce, be sure to avoid any that is damaged, soft, cut, or bruised.

10. If a perishable food is left out of refrigeration longer than two hours, cooking may not make it safe. Some bacteria produce toxins that aren’t destroyed by cooking that will make you sick even if all the bacteria are killed. And the number of bacteria in a food product can grow to massive levels after a few hours at room temperature. If a perishable food is left out longer than two hours, whether it’s cooked or raw, always throw it out.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Food companies are in the business to make money. They don’t like to waste food. So when the food they produce isn’t perfect or is mislabeled, or even contaminated, they try to transform it so they can sell it. This practice is called reconditioning.

This process is legal. And in many cases, not objectionable. If a pasta company makes alphabet pasta and the letters aren’t perfectly shaped, they’re allowed to grind up the pasta and sell it as semolina flour, or use that flour to make more pasta. Agricultural products contain insect parts or dead bugs. That type of product is usually sifted after heat-treating to remove the undesirable objects, then repackaged.

But sometimes food reconditioning can be dangerous. Case in point: In November 2011, Snokist Growers treated moldy applesauce with a thermal process that they claim kills the toxin in mold. That treated applesauce was repackaged and sold to consumers.

So what’s the problem? Not all toxins produced by bacteria and toxins produced by mold (called mycotoxins) are destroyed by heat. The FDA stated that Snokist Grower’s tests for mycotoxins in the reconditioned applesauce were not adequate. The final reconditioned food must be free of contamination. And that applesauce was not.

There is no “zero tolerance” policy for food contamination or non-food particles in food, because it’s literally impossible and economically impractical to produce a completely clean product on a mass scale. The FDA has set limits for contaminants, such as 4.5 rodent hairs allowed in eight ounces of pasta, less than 15% mold in cranberry sauce, and 75 insect fragments in 50 grams of flour. If a product is at or above these limits, the product is considered “adulterated” and the FDA will take action. Most manufacturers create products with much lower levels than these limits.

Unfortunately, some companies try to mix products that have higher contamination levels with a batch of the product with much lower levels. While that may make sense mathematically, that practice is illegal. The practice of reconditioning is untracked by the FDA.

So can you protect yourself and your family and avoid reconditioned food? It’s not really possible to avoid these foods if you buy and eat canned, jarred, and other processed foods. Be sure to cook all canned foods thoroughly; bring soups, sauces, and canned vegetables to the boiling point for at least 90 seconds. Try to avoid eating processed foods, or at least minimize your intake by eating more whole foods such as fresh produce. Always discard any product that has developed mold. And inform the grocery store manager if you see mold on any product for sale in the store.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Food Poisoning Law Blog is honored to have been selected as one of the LexisNexis Top 25 Tort Law Blogs of 2011.

“The Top 25 group includes some of the best talent in the blogosphere and creates an invaluable content aggregate for all segments of the Torts Law practice. Most good blogs provide frequent posts on timely topics, but the authors in this year’s collective take their blogs to a different level by providing insightful commentary that demonstrates how blogs can—and do—impact and influence the world of business and corporate law,” the LexisNexis Litigation Resource Community said in the annoucement.

Thank you, LexisNexis.

Voting to select of the Top Tort Law Blog of the Year ends Friday, December 10 at midnight. Registration is required to vote. It’s free and does not result in sales contacts. to register, follow this link. Or, sign in using credentials from your favorite social media site.  Once you are logged in, VOTE by checking the box next to your favorite Tort Law blog then submitting the results.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

When the federal government posts information online about meat and poultry inspections or enforcement actions, the names of the processing plants involved are generally not made public, but that could change thanks to a new report from the National Research Council.

The release of such data would have substantial benefits including improved public health and increased transparency, the report concludes.

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS), which is responsible for ensuring that meat, poultry, and processed egg products are safe, wholesome, and properly labeled, collects large amounts of data on processing plants.

The information includes inspection and enforcement data and data on tests for the presence of foodborne pathogens like Salmonella, pathogenic E. coli, and Listeria monocytogenes.

Releasing such data would enable users to make more informed choices, motivatie facilities to improve their performance, and allow research studies of regulatory effectiveness and other performance-related issues, the report states.  

The study was sponsored by the U.S. Department of Agriculture.  The National Academy of Sciences, National Academy of Engineering, Institute of Medicine, and National Research Council make up the National Academies.  They are independent, nonprofit institutions that provide science, technology, and health policy advice under an 1863 congressional charter.  Panel members serve pro bono as volunteers and are chosen by the Academies for each study based on their expertise and experience and must satisfy the Academies' conflict-of-interest standards.  The resulting consensus reports undergo external peer review before completion.  

Source: http://www.nap.edu/openbook.php?record_id=13304&page=R1

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Nationally recognized food safety lawyer Fred Pritzker has been elected to the Board of Directors of STOP Foodborne Illness, a national nonprofit organization dedicated to the prevention of illness and death from foodborne pathogens.

STOP Foodborne Illness, formerly S.T.O.P. Safe Tables Our Priority, is a national nonprofit health organization dedicated to preventing illness and death from foodborne pathogens by advocating for sound public policy, building public awareness and assisting those whose lives have been changed by foodborne illness.

“The tragedy of a foodborne illness is often magnified by the ease with which it could have been prevented,” said Pritzker, founder and president of PritzkerOlsen P.A., one of the nation’s leading food safety law firms. “At STOP Foodborne Illness, prevention is the focus. I’m honored to be joining them and look forward to contributing to the good work they do.”

STOP was created in 1993 by a group of people whose children and family members had been sickened or died from E. coli infections they contracted after eating at Jack in the Box restaurants.

Along with its partners in the Safe Food Coalition, STOP has become a major voice on food safety issues and a catalyst for change. In 1996, STOP was invited to help craft the nation’s first meat and poultry reforms since 1906. The organization also played a key role in crating the Food Safety Modernization Act, which President Obama signed into law in February 2011.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

This article was written by food safety attorney Fred Pritzker.

The current cantaloupe Listeria outbreak reminds me of Albert Einstein’s famous definition of insanity: doing the same thing over and over again and expecting a different result.

Although we expect the cantaloupe we eat to be safe and healthy and to be produced, marketed and sold in a reasonable manner, it often isn’t. In fact, this outbreak, already one of the deadliest on record, is a showcase of bad policy and repeated mistakes that was as foreseeable as it was preventable.

Pundits and policy makers seem surprised that cantaloupe can harbor Listeria. They shouldn’t be. According to a 2006 study authored by epidemiologists from the Centers for Disease Control and Prevention (CDC), in the period between 1984 and 2002 there were no fewer than twenty-three cantaloupe-associated outbreaks in which almost 1500 people were sickened. The pathogens involved in those prior outbreaks include Salmonella, Campylobacter, E. coli O157:H7 and norovirus. Given the nature of cantaloupe and how it is grown, adulteration from Listeria was just as likely as by any of the other pathogens in prior outbreaks.

The toll of illness and death from Listeria was also no surprise. Listeria is one of the most virulent foodborne pathogens. Every Listeria outbreak involves serious illness, often long hospitalizations and a high death rate.

Perhaps the saddest aspect of this outbreak is that although we know what food caused it and where that food came from (Jensen Farms in Colorado), people continue to get sick and die from it. Why?

The first reason is because neither Jensen Farms nor the federal and state governments charged with investigating the outbreak have released the names of retailers that sold the contaminated fruit. And the reason they haven’t released those names? Because they don’t really know where the cantaloupe was sold. And the reason they don’t know is because effective trace back technology and practices were not in place.

The second reason is because cantaloupe is often sold without labels, or previously affixed labels fell off. Consumers simply cannot tell by looking at a cantaloupe where it was grown or whether it contains life-threatening pathogens. An untold number of unsuspecting people will continue eating Jensen Farms cantaloupe because they cannot find out if their retailer sold it and cannot tell by looking at the fruit if was produced by Jensen Farms.

You would think that if a company sells a product capable of producing injury and death across the United States there should be a way to trace the distribution of that product. There is. But as this outbreak tragically illustrates, the technology and practices that would have stopped this outbreak long before now weren’t applied to fungible food products like this one.

It’s not hard to envision how this would work. Cantaloupes, like other types of fruits and vegetables, could be sold in inexpensive mesh bags. Attached to the bags would be sufficient information to allow regulators (and the public) to know the producer, shipper, sell by dates and any other information including the best practices for preparing and consuming the product. You could, for example, easily create a method by which a QR code is affixed to the fruit so that consumers can quickly scan it with a cell phone app and learn where it came from and whether it is implicated in an outbreak.

Labeling and traceback issues in foodborne illness outbreaks are as foreseeable as human illness from the consumption of cantaloupe. It is insane that more people will continue to get sick and die because we don’t learn from our failures and because we don’t apply the tools and policies that we know will work. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Parker Ag Services which sprays treated human waste on farm fields, including one near Jensen Farms, has been questioned by investigators of the multi-state cantaloupe listeria outbreak.

According to a story by 7NEWS The DenverChannel.com, investigators are trying to determine if treated human waste, known as biosolids, may have played a role in contaminating the Rocky Ford cantaloupes linked to the outbreak.

Parker Ag Services vice president Mike Shearp told state investigators that his company applied biosolids to a field “directly across from a Jensen Farms field" several years ago, according to the story. Jensen Farms told 7NEWS that it does not use biosolids.

"I have no concern at all because I know that there has never been an issue involving that, so I'm 100 percent confident that we’re not involved in this issue," Shearp told 7NEWS.

The use of biosolids as fertilizer is common and has a safe track record in the U.S., Colorado State University animal science professor Lawrence Goodridge said in the story. "In other countries, there have been outbreaks of food-borne pathogenic disease from biosolids."

The cantaloupe listeria outbreak is the first of its kind. As of September 20, a total of 55 people in 14 states have been infected with listeriosis. Eight of them have died. Symptoms of listeriosis can take as long as 70 day to appear after contaminated food is ingested. They include fever and muscle aches, often preceded by diarrhea or other gastrointestinal symptoms. In more severe cases, there can also be headache, stiff neck, confusion, loss of balance, and convulsions, according to the CDC.

If you have legal questions about and illness, hospitalization or death associated with this outbreak, contact a listeria attorney at PritzkerOlsen P.A. for a free consultation.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

With the Cargill ground turkey salmonella outbreak and the Rocky Ford cantaloupe listeria outbreak causing hundreds of illnesses and at least 9 deaths, the federal Food and Drug Administration (FDA) has created the Coordinated Outbreak Response and Evaluation (CORE) Network.

CORE has been created to manage outbreak response, surveillance and post-response activities related to illness outbreaks associated with human, animal or cosmetic products that the agency regulates.

CORE’s goals are to strengthen and streamline response to outbreaks and to enhance
the FDA’s efforts to prevent, detect, investigate and learn from them, the agency said in a press release. A full-time staff will provide continuity and bolster the level of expertise, the release stated. Kathleen Gensheimer, M.D., will be CORE’s chief medical officer and outbreak director.

The CORE network includes field officers, regional specialists and members of the Rapid Response Team, the Office of Crisis Management at FDA, the Center for Food Safety and Applied Nutrition and the Center for Veterinary Medicine.

“A real benefit of the network approach is enhancing communication and coordination with federal, state and local food safety agencies, as well as industry and consumers,” said Dr. Gensheimer. “Given my background at the state public health level, this is a major priority for me.”  

Source: http://www.fda.gov/Food/FoodSafety/CORENetwork/default.htm

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The federal government's expanded ban against six more types of toxic E. coli will undoubtedly save lives and prevent serious illness by further cleaning up the nation's supply of ground beef.

The new rule to be imposed in steps by the U.S. Department of Agriculture applies to the so-called Big Six -- a half-dozen types of non-O157:H7 E. coli  strains that emit powerful Shiga toxins that can lead to kidney failure, stroke, seizures, vascular injury, pancreatitis, central nervous system damage and brain injury. HUS, or hemolytic uremic syndrome, is the most serious complication of toxic E. coli infection

"Eating a hamburger should not be a high-risk activity,'' said Fred Pritzker, founder and president of PritzkerOlsen, P.A., a firm that has collected tens of millions of dollars over the years for victims of E. coli infection and HUS.

Under the change, E. coli O26, O45, O113, O111, O121 and O145 are added to the currently banned E. coli. O157:H7. The U.S. Centers for Disease Control and Prevention estimates that Shiga toxin-producing E. coli O157:H7 is responsible for 63,153 foodborne illnesses and 20 deaths each year in the U.S. At the same time the CDC noted that in 2010 illnesses caused by all of the other pathogenic forms of E. coli caused more illnesses than E. coli O157:H7.

From a legal perspective, the new rule will provide crucial protection in court for victims of ground beef E. coli outbreaks. Under the rule, it will be illegal to sell raw meat to the public if its contains any of the Big Six types of E. coli.  The so-called "adulterant'' status imparts strict liability on purveyors and leaves no room for excuses from meatpackers and others in the supply chain. The USDA ban holds them more accountable for tainted ground beef.

Pritzker and other food safety experts see the ban as a powerful deterrent because producers now will have to test for the additional pathogens. If meat tests positive for any of the bacteria, companies are allowed to divert it into cooked products because proper heat treatment kills the bugs.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Cantaloupe has been linked to two multi-state outbreaks of foodborne illness this year one caused by Salmonella, this other by Listeria. Together the outbreaks have killed at least one person and caused dozens of others to become seriously ill.

While the cantaloupe Listeria outbreak is ongoing, public health officials recommend that consumers avoid eating that variety of melon. In the future, there are some things consumers can do to reduce their risk of contracting a foodborne illness from cantaloupe. The following recommendations are from the Wisconsin Department of Health Services:

• Purchase cantaloupes that are not bruised or damaged.  If buying fresh-cut cantaloupe, be sure it is refrigerated or surrounded by ice.
• After purchase, refrigerate cantaloupes promptly.
• Wash hands with hot, soapy water before and after handling fresh cantaloupes.
• Scrub whole cantaloupes by using a clean produce brush and cool tap water immediately before eating. Don't use soap or detergents.
• Use clean cutting surfaces and utensils when cutting cantaloupes. Wash cutting boards, countertops, dishes, and utensils with hot water and soap between the preparation of raw meat, poultry, or seafood, and the preparation of cantaloupe.
• If there happens to be a bruised or damaged area on a cantaloupe, cut away those parts before eating it.
• Leftover cut cantaloupe should be discarded if left at room temperature for more than two hours.
• Use a cooler with ice or use ice gel-packs when transporting or storing cantaloupes outdoors.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Almost 90 percent of Americans make beef, chicken or turkey burgers, but most of us don’t know how to cook them correctly, according to a new survey commissioned by the American Meat Institute and conducted by Harris Interactive.

Most people rely on sight or cooking times to determine when their burgers are done. Only 19 percent of people who cook burgers use an instant read thermometer, the only way to determine if burgers are safely cooked, according to the survey. Of adults aged 18-34, even fewer use an instant read thermometer, only 13 percent.

Cooking beef to a temperature of 160 degrees F or poultry to a temperature of 165 degrees F is the only way to kill dangerous pathogens including E. coli and Salmonella which can cause serious illness.

Symptoms of E. coli poisoning include stomach cramping, vomiting and bloody diarrhea. In severe cases, a complication called hemolytic uremic syndrome (HUS) can develop.

E coli contamination prompted McNees Meats and Wholesale LLC. of North Branch, Michigan to recall about 360 pounds of ground beef, JB Meats of Avondale, Ohio to recall more than 70,000 pounds of ground beef, this summer. And Cargill issued a 36 million pound recall of ground turkey after a Salmonella outbreak killed one person and sickened 110 others in 31 states.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Fruits and vegetables are an important part of a healthy diet. But just like other foods they carry a risk of foodborne illness. Harmful bacteria that may be in the soil or water where produce grows may come in contact with the fruits and vegetables and contaminate them. Or, fresh produce may become contaminated after it is harvested, such as during preparation or storage. Eating contaminated produce (or fruit and vegetable juices made from contaminated produce) can lead to foodborne illness, which can cause serious - and sometimes fatal - infections.

This year a papaya Salmonella outbreak sickened more than a 100 people in 25 states, 15 people got E. coli poisoning after eating strawberries and 20 people from 10 states got Salmonellosis from cantaloupe.
 
Tips For Purchasing Produce

• Purchase produce that is not bruised or damaged.
• When selecting freshly cut produce - such as a half a watermelon or bagged mixed salad greens - choose only those items that are refrigerated or surrounded by ice.
• Bag fresh fruits and vegetables separately from meat, poultry and seafood products when packing them to take home from the market.  

Tips For Storing Fresh Produce

• Keep your refrigerator set at 40° F or below. Use a fridge thermometer to check! 
• Certain perishable fresh fruits and vegetables (like strawberries, lettuce, herbs, and mushrooms) can be best maintained by storing in a clean refrigerator at a temperature of 40° F or below. If you're not sure whether an item should be refrigerated to maintain quality, ask your grocer.
• All produce that is purchased pre-cut or peeled should be refrigerated to maintain both quality and safety.

Tips For Preparing Fresh Produce

• When preparing any fresh produce, begin with clean hands. Wash your hands for 20 seconds with warm water and soap before and after preparation. 
• Except for fruits and vegetables labeled “ready-to-eat” or “washed,” all produce should be thoroughly washed before eating. This includes produce grown conventionally, organically or at home. or produce that is purchased from a grocery store or farmer's markeEven if you plan to peel the produce before eating, it is still important to wash it first.
• Always rinse produce under running tap water, including fruits and vegetables with skins and rinds that are not eaten just before eating, cutting or cooking.
• Never use detergent or bleach to wash fresh fruits or vegetables.
• Scrub firm produce, such as melons and cucumbers, with a clean produce brush.
• Drying produce with a clean cloth towel or paper towel may further reduce bacteria that may be present.
• Cut away any damaged or bruised areas on fresh fruits and vegetables before preparing and/or eating. Produce that looks rotten should be discarded.
• If you do choose to wash a product marked “pre-washed”, and “ready-to-eat,” be sure to use safe handling practices to avoid any cross-contamination. Wash your hands for 20 seconds with warm water and soap before and after handling the product and wash the produce under running water just before preparing or eating. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Our attorneys are investigating a Yersinia enterocolitica outbreak in Pennsylvania that sickened at least 16 people: 9 from Beaver County and 7 from Allegheny County. The Yersinia outbreak has been linked to milk from Brunton Dairy in Beaver County, PA.

Now the Pennsylvania Department of Health and the Allegheny County Health Department issued a joint health advisory, stating that health officials found Yersinia enterocolitica in an unopened container of Brunton Dairy ice cream. “This is more evidence of Brunton Dairy’s negligence. Contaminated milk and ice cream should never be sold to consumers,” said Fred Pritzker, lead attorney for our food poisoning lawsuits.

The health departments are advising consumers to throw any Brunton Dairy ice cream away. However, if you suspect someone has been sickened by the ice cream, you should contact our law firm because the left over ice cream may be evidence in a lawsuit against Brunton Dairy.

Yersinia enterocolitica bacteria causes diarrhea (often bloody), abdominal pain, nausea and vomiting and can sometimes enter the bloodstream and affect other organs. Onset of illness usually occurs four to seven days after exposure, but can be as short as one day or as long as two weeks. The bacteria can cause severe infections and the illness can mimic appendicitis and sometimes leads to unnecessary surgery. In a small proportion of cases, complications such as skin rash, joint pains, or spread of bacteria to the bloodstream can occur.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Below are the food recalls for the week announced by the FDA and the .

July 22, 2011-– Jetro Cash and Carry Enterprises LLC/R.D. Food Services LP, an importer from New York, recalled approximately 2,900 pounds of diced bacon products that may be contaminated with Listeria monocytogenes.

Through routine testing on July 19, 2011, FSIS found a sample of cooked diced bacon imported from Canadian EST No. 169A, Aliments Prince, S.E.C. to be positive for Listeria monocytogenes . The initial product represented by that sample is on hold, but the Canadian Food Inspection Agency notified FSIS that additional product represented by the positive sample had been shipped to the United States. FSIS and the company have received no reports of illnesses associated with consumption of these products.

The following products are subject to recall: 

• 10 lb. shipping container with 2, 5 lb. bags boxes containing 2 5-lb bags of “Assoluti Cooked Diced Bacon”

The “Assoluti Cooked Diced Bacon” has a case code of 1173 and EST No. 169A. It bears the Canadian mark of inspection and a Certification Number of 406515, 406516, or 406562. The products were shipped to distribution centers in Fla., Ill., Ind., Mich., and Ohio for further distribution to food service institutions.

July 22, 2011 – Bobby Salazar’s Mexican Foods, a Fowler, Calif., establishment, recalled approximately 2,560 pounds of chopped beef products produced without the benefit of federal inspection.

The following product is subject to recall:

• 16-lb. cases containing 4-lb. bags of “CARNE ASADA CHOPPED BEEF &
  TEXTURED WHEAT PROTEIN IN RED HOT SAUCE”

Each bag bears the establishment number “21269” inside the USDA mark of inspection. The products were produced on April 19, 2011 and May 11, 2011, and shipped to a distributor and restaurants in California for further distribution.

July 22, 2011 – Yant Beef Jerky, a Jackson Center, Ohio establishment, recalled approximately 6,200 pounds of various beef jerky products because of misbranding and undeclared allergens. The products contain a known allergen, fish in the form of an anchovy puree in Worcestershire sauce, that is not declared on the label, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The following product is subject to recall:

• 1.6-ounce, 3.25-ounce and 7-ounce packages of “YANT’S HOT BEEF JERKY”

• 1.6-ounce, 3.25-ounce and 7-ounce packages of “YANT’S X HOT BEEF JERKY”

• 1.6-ounce, 3.25-ounce and 7-ounce packages of “YANT’S MILD BEEF JERKY”

• 1.6-ounce, 3.25-ounce and 7-ounce packages of “YANT’S SOUTHERN BBQ BEEF JERKY”

• 1.6-ounce, 3.25-ounce and 7-ounce packages of “YANT’S HOT AND SWEET BEEF JERKY”

The products subject to recall bear the establishment number “EST. 21371” inside the USDA mark of inspection and have a sell by date ranging from July 20, 2011, to April 17, 2012, on the label. The products were sent to retail establishments in Ohio and Indiana. A small amount of the products were sold online.

July 20, 2011-– Pilgrim’s Pride Corporation, a firm with establishments in Mount Pleasant, TX and Waco, TX recalled approximately 11,240 pounds of ready-to-eat chicken products that may be contaminated with Listeria monocytogenes.

The following products are subject to recall: 

• 10 lb. boxes containing 2 5-lb bags of “Sweet Georgia Brand Fully Cooked Breaded White Chicken Nuggets Shaped Patties”

• 30 lb. boxes containing 6 5-lb bags of “Pilgrim’s Pride Fully Cooked Grilled Chicken Breast Fillet with Rib Meat”

The “Chicken Nugget Shaped Patties” has a date code of 11471010 inkjetted on the box, and bears the establishment number “P-7091A” inside the USDA mark of inspection. Each 5-lb bag is marked with the date code and “P-7091A.” These products were produced on May 27, 2011 and shipped to distribution centers in N.J. and Texas for further distribution to food service institutions.

The “Grilled Chicken Breast Fillet with Rib Meat” has a date code of 11801050 and a Use By Date of Dec. 26, 2011 inkjetted on the box, and bears the establishment number “P-20728” inside the USDA mark of inspection. The inner bags are marked with the code date and Use By Date. These products were produced on June 29, 2011 and shipped to a distribution center in Ohio, for further distribution to food service institutions.

There have been no reports of illness.

July 20, 2011 - Malcolm Meats, a Northwood, Ohio, establishment recalled approximately 4,530 pounds of various marinated beef products because of misbranding and undeclared allergens. The products contain known allergens, wheat and soy, which are not declared on the label. The products subject to recall include:

• 10-lb cases containing 16, 10-ounce packages of “STEAK SIRLOIN ANG CC AUSSIE H-CH,” with the identifying case code of “6778708.”

• 10-lb cases containing 20, 8-ounce packages of “STEAK SIRLOIN AUSSIE CAB,” with the identifying case code of “0648683.”

• 10-lb cases containing 16, 10-ounce packages of “STEAK SIRLOIN AUSSIE CAB,” with the identifying case code of “0648691.”

• 10.5-lb cases containing 14, 12-ounce packages of “STEAK SIRLOIN AUSSIE CAB,” with the identifying case code of “8415721.”

• 10-lb cases containing 20, 8-ounce packages of “STEAK SIRLOIN CULOTTE CH AUSSIE,” with the identifying case code of “0651299. 

The products subject to recall bear the establishment number “EST. 2106” on the case label. These products were produced on various dates prior to April 20, 2011, and were shipped to distribution centers in Ind., Mo., and Ohio, for institutional use.

July 20, 2011 - Euphoria Fancy Food Inc. 149-151 2nd Ave. Brooklyn NY 11215 recalled Herring Special Salting because the New York State Department of Agriculture and Markets Food Inspectors discovered that the fish was not properly eviscerated prior to processing. This product may be contaminated with Clostridium botulinum spores, which can cause Botulism, a serious and potentially fatal food-borne illness. The recalled Herring Special Salting comes in an uncoded, 48.58oz (1300gr) plastic container and is a product of Russia.  Herring Special Salting was sold in New York State. No illnesses have been reported to date.

July 19, 2011-Flying Food Group, LLC, a Lawrenceville, Ga., establishment, recalled approximately 204 pounds of ready-to-eat chicken wraps and plates that may be contaminated with Listeria monocytogenes. The following products are subject to recall:  8.4-ounce packages of "STARBUCKS CHIPOTLE CHICKEN WRAPS Bistro Box"; 6.3-ounce packages of "STARBUCKS CHICKEN & HUMMUS Bistro Box" ; The “Assoluti Cooked Diced Bacon” has a case code of 1173 and EST No. 169A. It bears the Canadian mark of inspection and a Certification Number of 406515, 406516, or 406562. The products were shipped to distribution centers in Florida, Illinois, Indiana, Michigan, and Ohio for further distribution to food service institutions. There have been no reports of illness to date.

July 19 , 2011 -Arizona Canning Company recalled 29 ounce cans of Sun Vista Red Enchilada Sauce (Mild, Medium and Hot) because they may contain undeclared soy protein. People, who have allergies to soy, run the risk of serious or life-threatening allergic reaction if they consume these products. The recalled Sun Vista Red Enchilada Sauce (Mild, Medium and Hot) was distributed in California and Arizona. All lots of this product are being recalled. No illnesses have been reported to date in connection with this problem.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On the heals of the deadly outbreak of Shiga toxin-producing Escherichia coli O104:H4 (E. coli O104:H4) infections in Germany linked to fresh sprouts, Congress may eliminate the Microbiological Data Program, the only national program screening U.S. fruits and vegetables for this and other non-O157 E. coli strains. The program tests about 15,000 samples annually of sprouts, lettuce, spinach, tomatoes, cantaloupe and cilantro for a cost of about $4.5 million.  The House has already voted to eliminate the program, and the Senate will be making its decision soon.

It is vitally important for the Microbiological Data Program to continue testing fruits and vegetables because the likelihood is that E. coli O104:H4 and other dangerous mutations of E. coli will show up in the United States. E. coli O104:H4 has the ability to stick to cells in the intestine (characteristic of enteroaggregative E coli) and make Shiga toxin (characteristic of Shiga-toxin-producing E coli, for example E. coli O157). It is the Shiga toxin that cause hemolytic uremic syndrome (HUS), the leading cause of kidney failure in children in the United States.

http://www.chicagotribune.com/news/local/ct-met-pathogen-program-20110704,0,7549423.story

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Three Michigan residents contracted Q fever after consuming raw milk. They each acknowledged obtaining raw milk from a Livingston County farm, where they participate in a dairy herd share program. Herd or cow share programs are where members own part of a cow and in return receive raw dairy products. These programs are not inspected or regulated under Michigan’s dairy laws, and these products are not available at retail stores.

Q fever is caused by the bacteria Coxiella burnetii. This organism is common in farm animals such as cattle, sheep and goats. Infected animals shed the organism in their urine, feces, milk and birthing fluids. Q fever causes serious illness, including:

• Meningitis, an inflammation of the membrane surrounding your brain and spinal cord
• Endocarditis, an inflammation of the membrane surrounding your heart
• Pneumonia
• Acute respiratory distress
• Miscarriage, stillbirth, premature birth, low birth weight, intrauterine growth retardation

In this case, one of the people sickened developed Q fever meningitis and required prolonged hospitalization.

“Our experience with raw milk cases is that consumers are not informed of the inherent dangers of the product,” said Attorney Fred Pritzker. “This has got to change. If legislatures are going to legalize the sale of raw milk via herd share agreements, they need to require disclosure prior to signing the agreement.”

Dr. Dean Sienko, interim chief medical executive for MDCH, has voiced the same concern:

The public should be aware that raw milk and other unpasteurized dairy products have not been heat treated and, therefore, pose a potentially serious risk to human health. Unpasteurized milk and dairy products may contain many types of disease-causing germs, such as E. coli, Salmonella and Campylobacter.

Two of the people sickened are in Washtenaw County and one in Monroe County. All three individuals are women in their 30s or 40s.

Acute symptoms of Q fever typically develop within two-three weeks after exposure. Typical symptoms include high fevers (up to 104-105F), severe headache, joint and body aches, fatigue, chills/sweats, non-productive cough, chest pain, nausea and vomiting.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Most cows in America are corn-fed. A simple statement made more complex by the variety of ways corn is processed for feed: steam flaked, dry rolled and high moisture.  An article today in Farm & Ranch Guide states the following:

It has been found in a host of studies that there is a distinct link between corn processing method and E. coli O157:H7 prevalence in a beef cattle herd. Of the methods examined, a majority of studies found that feeding steam flaked corn resulted in a greater amount of E. coli O157:H7 fecal shedding by beef cattle than when feeding dry rolled corn.

Data suggests that E. coli O157:H7, a particularly virulent and foodborne form of E. coli, colonizes and grows in the hindgut of ruminants. The hindgut is likely more hospitable for E. coli O157:H7, as suggested by Fox et al., due to its higher pH, lower volatile fatty acid production, and lack of ciliated protozoa. Thus, changes to the hindgut environment will have a greater impact on E. coli O157:H7 prevalence than changes to the rumen environment.

What does all of this have to do with the type of corn? Well a more processed corn, like steam flaked corn, will be mostly digested in the rumen. That means that the corn will alter the rumen environment, changing pH, volatile fatty acid production, and so on. A less processed corn, such as dry rolled corn, will not be as fully digested in the rumen. Thus, it will have less of an effect on ruminal pH, volatile fatty acid production, etc.

However, the dry rolled corn will proceed into the lower gastrointestinal tract where it will continue to ferment in the hindgut. This will lead to a change in pH and volatile fatty acids in the cecum and colon. These environmental changes may consequently have an effect on E. coli O157:H7 survival in the lower gastrointestinal tract. It will, in theory, become more difficult for the E. coli O157:H7 to survive and flourish, leading to a reduction of E. coli O157:H7 numbers in the tract, as well as the numbers being excreted.

As a beef cattle producer, this information can be used to reduce E. coli O157:H7. By feeding a diet with a less processed corn source (i.e. dry rolled corn, whole corn, etc.) the cattle digestive tract may be altered in a way that will make it more difficult for E. coli O157:H7 to survive in individual animals, thereby reducing overall E. coli O157:H7 prevalence in the herd.

On behalf of the people who have been sickened by beef contaminated with E. coli, we urge beef cattle producers to consider using dry rolled corn or whole corn. Eating a hamburger should never cause kidney failure, brain damage, stroke or death.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Five people in business, government and non-profits were recognized at this year's Food Safety Summit in Washington, D.C., as winners of the NSF International Food Safety Leadership Awards. NSF is a not-for-profit, non-governmental organization that develops standards and product certifications in multiple fields while focused on public health in food, water, indoor air and the environment.

Deservedly, this year's group of winners includes Nancy Donley, president of STOP Foodborne Illness, a national nonprofit public health organization dedicated to the prevention of illness and death from E. coli, Salmonella, Campylobacter, Listeria and other foodborne pathogens.

Here's a complete list of the 2011 NSF food safety award winners, including three companies:

• Brenda Halbrook, Director Office of Food Safety, USDA, Food and Nutrition Service - Winner Education
• David Ludwig, Manager Environmental Health Division, Maricopa County Environmental Services Department - Winner System Improvement
• Publix Super Markets, Inc. - Winner Training
• National Pasteurized Eggs - Winner Technology Breakthroughs
• Jill Hollingsworth, SVP Food Safety Programs, Food Marketing Institute (FMI) - Winner Lifetime Achievement in Industry and Association Food Safety
• Donald Sharp, Deputy Director Food Safety Office, Center for Disease Control, US Department of Health and Human Services - Winner Lifetime Achievement in Public Health Food Safety
• Nancy Donley, President, Safe Tables Our Priority (S.T.O.P.) - Winner - Lifetime Achievement in Consumer Advocacy Food Safety
• International Food Protection Training Institute (IFPTI) - Winner - Trendsetter

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Salmonella can lead to reactive arthritis, or Reiter's syndrome. Listeria can cause meningitis and stillbirths; and Campylobacter may be the most common precipitating factor for Guillain-Barre syndrome (GBS).

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Improving food safety in the United States requires greater collaboration among federal agencies and continued study of consolidation to provide more integrated oversight, according to the latest report on food safety regulation by the General Accounting Office (GAO).

The report, obtained by food safety law firm PritzkerOlsen, P.A.,  recommends that the Director of the Office of Management and Budget, in consultation with the federal agencies that have food safety responsibilities, should develop a government-wide performance plan for food safety.

"The performance plan should include results-oriented goals and performance measures for food safety oversight throughout the federal government, as well as a discussion about strategies and resources. It should be updated on an annual basis,'' the report said.

President Obama's Food Safety Working Group, which started in 2009, received positive notice by the GAO. The creation of the working group "elevated food safety as a national priority, demonstrated strong commitment and top leadership support, and was designed to foster interagency collaboration,'' the report said. But still undeveloped is a performance plan for food safety that provides a comprehensive picture of the federal government's dispersed food safety efforts. The working group's July 2009 "key findings" was not "results oriented,'' nor did it include performance measures, the GAO report said.

Any review should consider alternative organizational structures, such as a single food safety agency, a single food safety inspection agency and a data collection and risk analysis center, according to the GAO. In other words, and as the title of the report says: "The Food Safety Working Group is a Positive First Step but Government-wide Planning is Needed to Address Fragmentation.''

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Raw milk food poisoning concerns have been pushed aside in New Jersey, where the Assembly has passed a bill to legalize the sale of unpasteurized milk. The measure advanced this week on a lopsided vote, but the New Jersey Senate has not taken action yet.

The Assembly bill in New Jersey would allow raw milk sales on the farms where it is produced. Specific testing of the product is required and the state would conduct health tests on the cows. This pending legislation goes against the public health advice of many state health departments, Centers for Disease Control and Prevention (CDC), the FDA, several medical groups, and other experts. That's because it is proven science that raw milk harbors dangerous pathogens, including E. coli O157:H7, Salmonella and Campylobacter.

These organisms can pass through a cow's udders, or milk received from the cows can become cross-contaminated by germs spread in milking parlors through manure. Pasteurization, a process that kills bacteria with high heat, was adapted for the very purpose of keeping people safe from foodborne illness. Raw milk enthusiasts falsely claim health benefits about raw milk and are incorrect in contending that pasteurization strips milk of valuable nutrients.

National food safety law firm Pritzker Olsen has been representing raw milk food poisoning victims for many years and currently represents a man in Pennsylvania who was paralyzed as a result of a Campylobacter infection he contracted from contaminated raw milk sold in a health store. The man's infection developed into Guillain-Barre' Syndrome (GBS), a disorder in which the body's immune system attacks part of the peripheral nervous system.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Last week I was invited to Vancouver, British Columbia to speak to a group of Environmental Health Officers from the Fraser Health Authority. They were interested in how we select and prove foodborne illness cases (and how their work as sanitarians impacts on what we do).

As often happens in such presentations, the conversation turned to raw milk. Under Canadian law, it is apparently illegal to sell or purvey raw milk in any fashion (unlike in the US where many states allow some commercial raw milk sales). One of the officers of the Department raised an interesting question about raw milk in the context of personal freedom vs. governmental regulation of a potentially dangerous commodity. He asked me whether it is appropriate to regulate a commodity like raw milk if a consumer, knowledgeable about its risks and dangers, nevertheless chooses to drink it. In other words, treat it like “informed consent” in the context of a medical procedure: there is utility with attendant risk. If the risks are fully explained and the consumer/patient judges there to be sufficient utility to justify the risk, why should the government intrude?

So let’s assume a consumer goes to a dairy intending to purchase raw milk and is handed a form that fully and fairly sets out all the risks associated with raw milk. The consumer reads the form, signs the waiver and purchases raw milk. If s/he later gets sick, no one can complain (and no lawyer can sue on their behalf) because the consumer made an intelligent choice and is now fully responsible for the harms and losses that occurred.

Okay. But like most anti-government conceptual bullshit, the execution of the concept and the real-world implications of it are something else altogether.

So what happens, for example, when the bottle of raw milk that was “intelligently and knowingly” purchased ends up in the consumer’s refrigerator and is then poured on two bowls of corn flakes, one eaten by the 10-year-old child of the purchaser and the other by his neighbor/friend who was at the house on a sleep-over and later developed Hemolytic Uremic Syndrome and has life-long medical problems as a result(these facts are virtually the same as a real case, by the way)? Or what about another raw milk proponent who is sickened despite his knowing and intelligent waiver and then proceeds to incur over $1 Million in medical expenses (which we as a society end up paying directly or indirectly)?

Here’s my take: Until we can guarantee no innocent party will ever be harmed by raw milk and no one other than the person who chooses to drink it will have to subsidize the harm resulting from it, we should follow the wisdom of our friends north of the border and not allow anyone to buy it.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Food poisoning litigation was the topic of the keynote address delivered last week in British Columbia by American food safety attorney Fred Pritzker. More than 100 Environmental Health Officers attended the address as part of the Fraser Health Authority's Annual Environmental Health Officer Educational Day.

The 47-page Power Point demonstration focused on how lawyers prove food poisoning cases in the aftermath of outbreaks of E. coli, Salmonella, Campylobacter, Listeria and other types of foodborne illness. In Canada, Environmental Health Officers are like food safety inspectors in the U.S. Mr. Pritzker, founder and president of PritzkerOlsen, P.A., explained how he and his associates at the firm thrive on holding wrongdoers accountable for violating food safety rules. The best way to do that is obtain fair compensation for clients' harms and losses. The firm also advocates for safer food and for the elimination of human pathogens from the food supply.

Pritzker Olsen attorneys are involved in practically all national outbreaks of foodborne illness, always representing victims. The firm's typical foodborne illness cases involve significant injuries or death, but lawyers at the firm also handle a volume of smaller cases from the same outbreak.

Pritzker told the Canadian health officers that the real battleground in foodborne illness litigation is proving that a particular food product caused a particular client's foodborne illness. He touched on the importance of using food safety experts to help fortify the cases and he discussed how a case is put into suit when settlement negotiations fail.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Food safety on the front lines of manufacturing received a major boost this year in the form of strong protection for food industry workers who blow the whistle on dangerous conditions that could lead to outbreaks of Salmonella, E. coli, Campylobacter, Listeria and other types of food poisoning.

The whistleblower provision is tucked into the Food Safety Modernization Act signed last month by President Obama. It gives job protection to individuals who speak up about what they think are violations of food safety laws. If they were to get fired for blowing the whistle, the government could order them reinstated with back pay, attorneys' fees and other damages and protection from further retaliation.

Kendrick, the Texas plant's assistant manager for part of 2006, said he sent state regulators anonymous e-mails about a rat infestation at the plant and bird droppings getting into products, but his complaints were ignored. He was working for a different FDA-regulated company when he spoke publicly about the problems, and he believes that's why he was fired from his new job and why he's had trouble finding work since.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

E. coli lawyer Fred Pritzker told Minnesota Public Radio today that Minnesota state officials would make rare news if they were to file criminal charges against a raw milk farmer from Gibbon, Minnesota, who currently is under fire on contempt of court allegations.

"The level of prosecution in foodborne illness cases is practically nil," said  Pritzker, a national attorney based in Minneapolis who specializes in seeking damages for food contamination victims.  "In all the years that I've been doing this I have yet to see a manufacturer, producer, actually prosecuted and convicted for any outbreaks.'' 

The audio of the MPR report can be heard below:

Steil and MPR have provided consistent and comprehensive coverage of the story.

The Minnesota case began to unfold last spring when state epidemiologists traced an outbreak of E. coli O157:H7 to raw milk dairy products from the farm of Michael Hartmann. State investigators inspected the farm last spring after associating its products to eight E. coli illnesses. It was re-inspected in October after the state linked seven more cases of food borne illness to Hartmann milk, this time Campylobacter and cryptosporidium. Hartmann was defiant and more conflict arose late last year when the Hartmann farm was caught selling its products in the Twin Cities against a state prohibition. The contempt of court charges arose when state officials reported that raw milk products embargoed by the state as unsafe had disappeared from Hartfmann's farm.

For his part, Hartmann has denied wrongdoing and has accused the state of overstepping its authority. But the state says in its contempt of court brief that Hartmann "has consistently refused to comply with food law for more than a decade." According to MPR, state authorities have said the case could warrant felony charges.

Mr. Prtizker, founder and president of national food safety law firm PritzkerOlsen, P.A., said the most recent example of a criminal investigation in a foodborne illness outbreak dates to the 2008-2009 peanut product Salmonella outbreak linked to now-defunct  Peanut Corporation of America. Nine deaths and more than 700 illnesses were attributed to the company's tainted peanut butter, peanut paste and other items. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 E. coli HUS lawsuits and other foodborne illness litigation will be discussed by food safety lawyer Fred Pritzker and two other attorneys with expertise in lawsuits resulting from outbreaks of E. coli O157:H7 and other dangerous human pathogens.

Pritzker is founder and president of PritzkerOlsen, P.A., a leading national practitioner of foodborne illness litigation. He currently represents multiple individuals and families in lawsuits and other legal actions stemming from infections of E. coli 0157:H7, non-O157:H7 E. coli strains, Salmonella and Campylobacter jejuni. One recent E. coli 0157:H7 lawsuit filed by the firm's local counsel in Arizona is on behalf of an Arizona family sickened in the Bravo Farms cheese E. coli outbreak of late 2010. The contaminated Gouda cheese (since recalled) was sampled and sold in Costco stores in Arizona, Colorado, California, New Mexico and Arizona. PritzkerOlsen represents seven people sickened in the cheese E. coli outbreak.

Mr. Pritzker will appear January 21, 2011, at  the Northeastern University Law Journal's annual symposium: "From Seed to Stomach: Food and Farming Law." The symposium will focus on recent legal developments in the areas of food and farming law, including intellectual property and genetically-modified foods, sustainable economic farming, and food labeling and consumption. The symposium will take place on Northeastern's campus in Boston and the three-lawyer panel featuring Mr. Pritzker will be called "Inside Foodborne Illness Litigation.'' Jason Sapsin, former associate chief counsel for the U.S. Food and Drug Administration, also is scheduled to participate in the panel discussion.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Food safety upgrades under the new law signed by President Obama are spelled out in an open letter from  Dr. Margaret A. Hamburg, commissioner of the Food and Drug Administration.

What follows here is her boiled-down list of specific improvements and mandates under the Food Safety Modernization Act:

• Processors of all types of food will now be required to evaluate the hazards in their operations, implement and monitor effective measures to prevent contamination and have a plan in place to take any corrective actions that are necessary.
• FDA will have much more effective enforcement tools for ensuring those plans are adequate and properly implemented, including mandatory recall authority when needed to swiftly remove contaminated food from the market.
• FDA will establish science-based standards for the safe production and harvesting of fruits and vegetables to minimize the risk of serious illnesses or death.
• FDA will set standards for the safe transportation of food.
• All high-risk domestic facilities must be inspected within five years of enactment and no less than every three years thereafter. 
• Importers are now required to verify the safety of food from their suppliers and the FDA has authority to block foods from facilities or countries that refuse our inspection
• FDA will increase its inspection of foreign food facilities. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The FDA Food Safety Modernization Act as passed by the U.S. Senate and House of Representatives this week has been sent to the White House for President Barrack Obama to sign into law.

The Senate unanimously approved the bill on Sunday. Yesterday it passed the House by a vote of 215 to 144. Speaker Nancy Pelosi said the legislation includes a sweeping overhaul of our nation’s food safety system and works to more effectively prevent, detect, and respond to food-borne illnesses. 

By  empowering the FDA with more enforcement, inspection and traceback strength in the event of foodborne illness outbreaks, Congress fundamentally has changed the way we protect public health. The bill is meant to prevent contamination before it occurs, steering away from the existing pattern of responding after an outbreak. The bill also improves the government's ability to detect and respond to foodborne illness when outbreaks of E. coli O157:H7 and other bacteria happen.  It increases the number of inspections the FDA must conduct, and, for the first time, requires importers of foreign food to verify that products grown and processed overseas meet U.S. safety standards. 

When President Obama signs the bill, the FDA will be able to initiate food recalls and gain access to company records at production centers to help track food-borne illness outbreaks. And the FDA will now set quality standards for imported foods. Needed in future sessions of Congress is authorization to fund more inspectors.

Noted food safety lawyer Fred Pritzker applauded the long-awaited passage of the Act, which he and many of his clients have actively pushed.  Client Randy Napier, for instance, lost his mother to a powerful Salmonella infection that she contracted in the massive 2008-2009 peanut butter and peanut product outbreak that helped convince lawmakers to finally do something about food safety. Randy and his extended family have been an instrumental voice in pressing for the change.

"Every person has the right to purchase and consume nutritious food,'' Pritzker said. "For many of our clients this measure has come too late, but we have every hope that this historic change in law will better protect citizens from deadly and dangerous pathogens that too often are putting us at risk.'' 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

“Tonight we unanimously passed a measure to improve on our current food safety system by giving the FDA the resources it needs to keep up with advances in food production and marketing, without unduly burdening farmers and food producers,” stated Senate Majority Leader Harry Reid (D-Nevada), after the Senate passed S.510, the Food Safety and Modernization Act last night for the second time. The Senate had passed the Act on November 30, but the bill was invalidated on technical grounds. The legislation is now expected to sail through the House and land on the President’s desk before the end of the year.

If signed into law, this legislation would:

• Authorize the FDA to recall contaminated food products
• Requiring food manufacturers to implement measures to prevent food contamination and require testing for foodborne pathogens
• Provide more funding for the FDA, which would possibly hire 2000 more food inspectors
• Require better track and trace of raw agricultural commodities
• Require importers of food to verify that it meets U.S. safety standards

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Nearly ten years of progress to improve how the nation prevents, identifies, and contains E. coli 0157:H7 outbreaks, other disease outbreaks and bioterrorism threats faces erosion due to widespread cuts in public health spending.

That is the thrust of the "Ready or Not 2010" report released this week by the Trust for America's Health and the Robert Wood Johnson Foundation. The report notes that almost a decade of gains since 2001 is in real jeopardy due to severe budget cuts by federal, state, and local governments. "The economic recession has led to cuts in public health staffing and eroded the basic capabilities of state and local health departments, which are needed to successfully respond to crises.''

A report summary said 33 states and Washington, D.C. cut public health funding from fiscal years (FY) 2008-09 to 2009-10, with 18 of these states cutting funding for the second year in a row.  The report also notes that just eight states raised funding for two or more consecutive years.  The Center on Budget and Policy Priorities has found that states have experienced overall budgetary shortfalls of $425 billion since FY 2009.

While states are struggling, federal support for public health preparedness has been cut by 27 percent since FY 2005 (adjusted for inflation), the report said.  Local public health departments report losing 23,000 jobs - totaling 15 percent of the local public health workforce - since January 2008.

From a food safety standpoint,  we all depend on public health staffing to monitor and detect the cause of E. coli 0157:H7 outbreaks, Salmonella outbreaks, Listeria outbreaks and outbreaks caused by other dangerous human pathogens. In fact, the entire national monitoring system for detection and tracebacks relies on close communication between doctors' offices, local, state and federal agencies with the Centers for Disease Control and Prevention in Atlanta. The reporting and traceback systems must be preserved to minimize outbreaks and to hold those who distribute poisoned food accountable for their actions with food safety lawsuits.

Some key findings on the vulnerabilities in the nation's public health preparedness include:

• Seven states cannot currently share data electronically with health care providers.
• Ten states do not have an electronic syndromic surveillance system that can report and exchange information to rapidly detect disease outbreaks.
• The United States has 50,000 fewer public health workers than it did 20 years ago - and one-third of current workers are eligible to retire within five years.

The report also looked at findings from a recently released report from the CDC based on activities in 2007-08 that focus on emergency operations and food outbreak identification.: 21 states were not able to rapidly identify disease-causing E.coli O157:H7 and submit the lab results in 90 percent of cases within four days.

Click here to read the entire Ready or Not 2010 report.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Senate finally passed the food safety bill, the FDA Food Safety Modernization Act (S. 510) that was introduced in March of 2009.  If the provisions of this bill survive through the rest of the legislative process and become law, we anticipate more food recalls and fewer foodborne outbreaks involving dangerous pathogens like Campylobacter, E. coli, Listeria, Salmonella and Shigella.

The Food Safety Modernization Act amends the Federal Food, Drug, and Cosmetic Act to expand the authority of the Secretary of Health and Human Services (the Secretary) to regulate food, including:

• Authorizing the Secretary to: (1) suspend the registration of a food facility; and (2) order a cessation of distribution, or a recall, of food
• Requiring each food facility to evaluate hazards and implement preventive controls
• Directing the Secretary to allocate inspection resources based on the risk profile of food facilities or food
• Requiring the Secretary and the Secretary of Agriculture to prepare the National Agriculture and Food Defense Strategy
• Directing the Secretary to assess and collect fees related to: (1) food facility reinspection; (2) food recalls; and (3) the voluntary qualified importer program
• Requiring the Secretary to: (1) recognize bodies that accredit food testing laboratories; (2) identify preventive programs and practices to promote the safety and security of food; and (3) improve the capacity of the Secretary to track and trace raw agricultural commodities
• Requiring the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems
• Providing for: (1) foreign supplier verification activities; (2) a voluntary qualified importer program; and (3) the inspection of foreign facilities registered to import food.

Many of our clients worked hard to get this bill passed, including Randy Napier, whose mother, Nellie Napier, died after she ate peanut butter contaminated with Salmonella. Earlier this month, we filed a lawsuit on behalf of the family of Nellie Napier.

"The lawsuit is about holding an irresponsible company accountable for the food safety shortcuts it took—shortcuts that cost my mother her life,” said Randy Napier. “There are other companies responsible for other outbreaks too. We need to send a message that this can’t and won’t be tolerated any more. I don’t want to see anybody else go through what we had to go through."

With the passage of this bill, the Senate has also sent a message that companies have to take measures to keep food safe.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

South Dakota state health officials are investigating a cluster of Salmonella illnesses in Brown County following four confirmed cases of Salmonellosis in the past week. The South Dakota Department of Health notes in a press release that at least 20 other Brown County children have been ill, potentially from Salmonella, but not confirmed.

A public health probe is searching for the source of this Brown County SD Salmonella outbreak. . Through November 23, a total of 154 cases of Salmonellosis were reported in South Dakota for the year. Of these 154 cases, 23 (15 percent) have been from Brown County. Statewide, 31 percent of the Salmonella cases have been children 14 years and younger. Salmonella infection is spread by eating or drinking contaminated food or water or from contact with feces from infected people or animals.

Lon Kightlinger, State Epidemiologist for the South Dakota Department of Health, took the opportunity to recommend that consumers take the following precautions when cooking their holiday meals:

• Wash hands with warm, soapy water for at least 20 seconds before and after handling raw poultry or meat. Wash cutting boards, dishes and utensils with hot soapy water.
• Keep raw poultry, meat and fish away from other foods that won’t be cooked and use separate cutting boards for the raw products.
• Cook poultry and meat to safe internal temperatures and use a food thermometer to check - 165°F for poultry and 160°F for beef and pork. 
• Refrigerate raw poultry and meat within two hours after purchase. Cooked turkey and meat should also be refrigerated within two hours after cooking. 
• If you have diarrhea or vomiting, do not prepare food for others to eat.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Yesterday, by 57 yeas to 27 nays, the Senate agreed to a motion to proceed to consideration of S. 510, the FDA Food Safety Modernization Act.

We appreciate all of the work Senator Richard Durbin of Illinois has done to get this bill passed.  Yesterday, he had this to say regarding the bill:

Madam President, I would like to say a few words on this legislation because it is something I have worked on for many years. I can't thank Senator Harkin and Senator Enzi and others enough for their hard work in bringing this issue to this moment in time. Several things have been stated during the course of the debate which I would like to address. Most of them were stated by my friend from Oklahoma, Senator Coburn. At this point he is the only Senator holding up this bill from consideration, one Senator.

At this point 89 percent of the American people support food safety reform to make our food safer and to have more inspections of imported food so our children and family members don't get sick; 89 percent support it. The bill has substantial bipartisan support. Twenty Republican and Democratic Senators are committed to this bill. Seventy-four Senators, almost three-fourths of the Senate, voted to move forward on this bill, a strong bipartisan roll call. The House passed a companion bill with the support of 54 Republicans. We know it is a bipartisan issue. This should not be a partisan fight.

Senator Coburn objected to giving the Federal Government the authority to recall a dangerous food product. Most people believe if there is a dangerous food product in stores across America, the Federal Government sends out a notice, and it is brought in. That is not the case. The Federal Government does not have the legal authority to recall any food products. All it can do is publicize that the products are dangerous and hope that grocers and retailers and manufacturers will take them off the shelves. That is it. That is the existing state of law. We give the government that authority.

Senator Coburn said it is not necessary. He claims not one company has ever refused to recall contaminated food. He is just wrong. There are many instances of companies that just flatout refuse to recall their food or delay a recall, and many people get sick and die. That is a fact.

Last year Westco Fruit and Nut Company flatout refused FDA's request to recall contaminated peanut products. A few years ago, GAO released a report entitled ``Actions Needed by FDA to Ensure Companies Carry Out Recalls'' which highlighted six other companies that flatout refused to recall contaminated food when they were told it was dangerous. Even the Bush administration realized how important this was and formally requested mandatory recall authority in the 2007 food protection plan.

Senator Coburn has his facts wrong when he claims the FDA does not need the mandatory recall authority.

Senator Coburn also claims our bill does not address the real problem in our Nation's food safety system.

Once again, he is mistaken. The National Academy of Sciences disagrees. In June, the National Academy released a report entitled ``Enhancing Food Safety, the Role of the FDA.'' The report contained seven critical recommendations for improving food safety. This is not a partisan group. Every single one of the key recommendations from that group is addressed in our bill, including increasing inspections and making them risk related, giving FDA mandatory recall authority, improving registration of food facilities, and giving the FDA the authority to ban contaminated imports. Our bill fills all of the critical gaps in the FDA's food safety authority that have been identified by the National Academy of Sciences.

For Senator Coburn to say it is unnecessary is to ignore science and fact and, I guess, the reality that if we are going to make food safer, we need to do our job better. That is why all the key consumer protection and public health groups support this bill--all of them.

He thinks this bill is not good for business. He says it hurts their profits and their productivity. He is just wrong. The number and diversity of the industry and business groups that support the bill speaks for itself. Listen to the groups that support the food safety bill and tell me they are acting against their best business interests: the Grocery Manufacturers Association, the U.S. Chamber of Commerce, the American Beverage Association, the American Frozen Food Institute, the Food Marketing Institute, the International Dairy Foods Association, National Restaurant Association, Snack Food Association, National Coffee Association, National Milk Producers Federation, National Confectioners Association, Organic Trade Association, the American Feed Industry Association.

If Senator Coburn is right, every one of these associations' leadership should be removed tomorrow because, under his analysis, they have decided to support a bill that hurts their business. They know better. Safe food is good business. Think about what it costs these companies when they have to recall a product, when it damages their reputation and all the things they will go through to try to clean up their act.

Senator Coburn says there are 10 or 20 deaths per year caused by foodborne illness. The Senator is just wrong. He uses this number to support his assertion that there are not enough victims to justify a bill. Here are the facts. According to the Center for Disease Control, there are not 10 or 20 deaths per year, there are 5,000 deaths in America every single year caused by foodborne illness--5,000. Senator Reid can tell some stories about his State which was hit particularly hard by food illness.

Moreover, every year 76 million Americans contract a foodborne illness; 325,000 are hospitalized. A few weeks ago I told you about one of the victims, a young man named Richard Chatfield from Owasso, OK. At age 15, he was on a camping trip and was diagnosed with E. coli. For 8 years, he suffered pain, migraine headaches, dry heaves, and high blood pressure, and after going on dialysis, kidney failure. When we were last debating this bill, Richard was lying in the hospital and his mother Christine had rushed to be by his side. That hospital turned out to be the scene of Richard's death.

On Monday, October 18, while we were still holding up the food safety bill, Richard Chatfield died from foodborne illness. The complications from an E. coli infection he got 8 years ago proved to be too much for him.

When I hear Senator Coburn on the Senate floor saying there are not enough people dying for us to go to work here, he is just plain wrong. Richard Chatfield of his State is dramatic evidence of that fact.

As we stand here today, one Senator is blocking a bill to protect millions of Americans. Moms and dads across America making dinner tonight, if they happen to have missed the channel they were looking for and ended up on C-SPAN and are following this debate, we are talking about an issue that goes right into their refrigerator and stove and kitchen as to whether the food they are putting on the table is safe for their kids. One Senator from Oklahoma says it is not a big enough problem. It is. It is a problem that is a life-and-death issue.

As attorneys who represent people sickened by foodborne outbreaks, we know how important it is to get this legislation passed.

Yesterday, we filed a wrongful death lawsuit on behalf of the family of Nellie Napier.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Klement Sausage Company, Inc., of Milwaukee, has recalled 2,740 pounds of beef stick products after a retail chain reported consumer complaints about finding hard plastic and/or pieces of glass in the product.

The Klement beef sticks recall was published by USDA's Food Safety and Inspection Service. It urges anyone concerned about an injury from consumption of this product to contact a physician.

The recalled beef sticks are in 8-ounce packages of  "Market Pantry Beef Sticks, Original.'' Each package is vacuum packaged and has a "Use By" date of March 1, 2012. The packages bear the establishment number "2426B" inside the USDA mark of inspection and indicate "Refrigerate After Opening" on the label. The beef sticks were shipped to distribution centers and retail stores nationwide.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Pritzker Olsen attorney Ryan Osterholm shared his expertise and knowledge about foodborne illness in a special news report on CBS Television affiliate WCCO-TV regarding the alarming state of food safety at major league sports stadiums.

You can click here to see the video.

Osterholm was interviewed outside Pritzker Olsen's downtown Minneapolis offices by WCCO news anchor  Frank Vascellero in a report about the ESPN investigation of stadium vendors at all 107 major league baseball, basketball, hockey and football arenas in the United States and Canada.

Based on 2009 inspection records, the report found 30 stadiums where more than half of the concession stands or restaurants had been cited for at least one "critical" or  "major" health violation. Such violations pose a risk for foodborne illnesses that can result in hospitalization and in extreme cases lead to death.

"That is alarming and quite frankly it shouldn't happen,'' Osterholm said. "It's a simple matter of taking the time and making sure you have clean products.''

The ESPN report found mouse droppings in food stations, slime in ice machines, flies in iced drinks and many reports of undercooked food. When present in meat and other foods, human pathogens such asE. coli O157:H7, Salmonella and Campylobacter can survive temperatures up to 160 degrees, resulting in painful diarrhea, stomach cramps, fever and dehydration. 

Said Osterholm about stadium vendors: "They have to turn over a lot of food very quickly and it's often part-time employees who are working there who may not be trained.''

• Email This
• Print
• Comments
• Trackbacks
• Share Link

An ESPN review of stadium food at all 107 North American arenas for major league baseball, football, hockey and basketball found a high number of serious health violations.

The sports network's check of 2009 food safety records found 30 stadiums where more than half of the concession stands or restaurants had been cited for at least one "critical" or  "major" health violation. "Such violations pose a risk for foodborne illnesses that can make someone sick, or, in extreme cases, become fatal.''

One of the worst venues for reported trouble was Tropicana Field in Florida -- home of the Tampa Bay Rays baseball team. ESPN reported that every one of the stadium's 47 food and drink outlets inspected incurred a critical violation within the previous year. Violations included food residue in a cooler, toxic chemicals stored too close to food preparation areas, "slime" in the ice machines and thermometers not readily visible to measure the temperature of hot foods.

Other venues with low marks for food safety were stadiums that house the Miami Heat, Miami Dolphins and the Washington Wizards and Capitals.

Among the best were venues for: the Anaheim Ducks, Toronto Raptors and Maple Leafs, Montreal Canadiens, New England Patriots and New York Islanders.

Among the more startling reports:

• Green Bay Packers' Lambeau Field: Two locations were cited after an employee "did not wash hands after blowing nose or eating food prior to handling customer food or ice."
•  Phoenix Suns' US Airways Center: Dozens of flies and a live roach in a dish room.
•  Denver Broncos' Mile High Stadium: Fruit flies in whiskey bottles at three bars.
•  Miami Dolphins' Sun Life Stadium: Employee reported small insects and other debris blended into frozen alcoholic drinks.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Three people are dead in Louisiana from food poisoning known as  clostridium perfringens -- a bacterium that state health officials say is to blame for an outbreak at Central Louisiana State Hospital at Pineville.

Dr. David Holcombe, medical director for Region 6 of the Louisiana Department of Health and Hospitals' Office of Public Health, told TheTownTalk.com that an epidemiological study implicated chicken salad as the agent.

The Central food poisoning outbreak killed three and sickened 40 at the state hospital starting on the morning of May 7. Patients and staff were affected.  Central Louisiana state hospital provides acute, intermediate, and long-term mental health care, treatment and rehabilitative services to adolescents and adults.

Like most outbreaks of food poisoning, the clostridium perfringens at the Pineville hospital could have been prevented. Holcombe said C. perfringens is a naturally occurring organism that can spread to unsafe levels with improper food storage and handling.

The online newspaper reported that more information is being sought about the three Pineville patients who died. Pending autopsy and toxicology reports will help determine what, if any, other factors caused their illnesses to be fatal.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Minnesota Department of Health is investigating a possible outbreak of Norovirus in Baxter, Minnesota, stemming from a church banquet last Sunday that was held as a fundraiser.

WCCO-TV reports that 275 people attended the Pathways of Brainerd fundraiser at Lakewood Evangelical Free Church. The problem was reported Thursday and there are no reports yet as to how many people were sickened.

The health department told WCCO that the fundraiser was catered by Baxter's Prairie Bay Restaurant.

According to the Centers for Disease Control and Prevention, noroviruses are a specific group of viruses that can cause gastroenteritis -- inflammation of the stomach and intestines. The main symptoms are diarrhea, vomiting and stomach pain. Some people might experience fever, chills, headache, muscle aches and fatigue.

Norovirus symptoms usually appear one or two days after eating the contaminated food, but can start in as few as 12 hours. Most healthy people recover without treatment, but infections can cause dehydration that can cause serious problems.

If you or someone you know was sickened at the banquet and have legal questions about the outbreak, call a food safety lawyer at Pritzker Olsen in Minneapolis for a free consultation at 1-888-377-8900 (Toll Free) or complete the consultation form on the side of this Web page.

Our law firm practices extensively in the area of foodborne illness litigation and has years of experience representing victims of food poisoning.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Now, because there is no U.S. limit for copper and other harmful residues in beef, the USDA had no grounds for blocking the beef's producer from reselling the rejected meat in the United States.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Fifty-six percent of the food facilities subject to FDA inspection were never inspected over a five-year period studied by federal auditors.

The audit also found that the percentage of food facilities inspected annually by FDA dropped from 29 percent in Fiscal 2004 to 24 percent in Fiscal 2008. In the same period, FDA inspectors issued fewer and fewer notices of potential safety violations and didn't always follow up on the problems it did find.

Those are the top findings in an audit report released this week by the Department of Health and Human Services Office of Inspector General (OIG).

The number of facilities that received FDA notices of potential food safety violations dropped from 614 in 2004 to 283 in 2008, even as the number of facilities grew, the OIG found.

Iowa Senator Tom Harkin, a key supporter of pending food safety legislation, had this to say about the report:

“This new report shows what we have feared for too long: that that our domestic food facilities are not being adequately inspected and FDA needs additional authorities to keep the food on our tables safe.''

For its part, the FDA said it has already addressed or is addressing many of the concerns raised in the report and needs greater authority and more inspectors to improve food safety.

But the 38-page audit report raises questions about the agency's efficiency. 

• FDA notices of potential food safety violations are called "official action indicated," or OAI. In 2004 the agency issued OAI notices to 614 of the 17,032 facilities inspected (3.6%). By 2008 the number was down to 283 of 14,966 facilities inspected (1.9%). Almost 75% of those facilities had a history of violations.
• Like inspections of food facilities overall, inspections of facilities classified as high-risk declined over the 5 years, from 77% in 2004 to 63% in 2008.. In 2008 there were 8,667 facilities designated as high-risk.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

USDA's Agricultural Research Service (ARS) has developed a new test for E. coli O157:H7 and the powerful toxin that the pathogen emits -- a breakthrough for health inspectors and the food industry that could be commercialized within a few years.

The test engineered by an ARS research unit in Albany, New York, has a two-in-one component that will replace the need currently for separate tests on the E. coli O157:H7 organism and the Shiga-toxin it produces. The bug and the toxin can be found in food separately.

According to a recent New York Times account of the testing advance, the new instrument will greatly speed results. Instead of the current standard of waiting one week, results would be delivered in less than 24 hours.

Contaminated ground beef is the leading cause of E. coli outbreaks, but J. Mark Carter, leader of the ARS research group, told the Times that the new test could have applications on lettuce and other vegetables.

More work is required on the development, hence the wait for market delivery.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

An oyster harvesting area off the Louisiana coast will remain closed for at least 21 days in connection with a Norovirus outbreak that occurred at a seafood conference in Mississippi.

The closure of the Plaquemines Parish molluscan shellfish harvesting area was ordered by the Louisiana Department of Health and Hospitals Wednesday. The order also recalled all oysters harvested from the area since March 6, including shucked, frozen, breaded and post-harvest processed oysters, and oysters for the half shell market.

"Health Officer Dr. Jimmy Guidry signed the closure order when the Department was notified by the Mississippi State Department of Health that a Norovirus outbreak may have been caused by oysters harvested from Basin 4, Area 7,'' said a press release. 

Eleven people at the seafood conference were sickened and one was hospitalized.

Norovirus is a virus that causes flu-like symptoms of nausea, vomiting, diarrhea and stomach cramping for one to two days on average. Occasional symptoms may include low-grade fever, chills, headache, muscle aches and fatigue.

The food most commonly associated with Norovirus outbreaks is shellfish. Clams, oysters and other shellfish can become contaminated from raw sewage dumped by boaters. Water, ice, produce and ready-to-eat foods are also common sources of Norovirus infection.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

National food safety law firm Pritzker Olsen is urging the U.S. Senate to move ahead on law making that would given increased authority and resources to federal regulators in charge of protecting our food supply.

A continued increase in food recalls and an alarming string of illness outbreaks caused by E. coli O157:H7, Samonella infection and other pathogens should have been enough by now to compel action on the Food Safety Modernization Act introduced early last March by Sen. Dick Durbin, D-Ill. But nearly a year has gone by without meaningful followup.

• Authorize the FDA to order immediate, mandatory recalls.
• Allocate inspection resources based on the risk profile of food facilities or food.
• Improve the government's capacity to track and trace raw agricultural commodities.
• Empower FDA to suspend a food facility's registration.
• Require the enhancement of foodborne illness surveillance in conjunction with the Centers for Disease Control and Prevention.
• Give regulators more access to food company records in an emergency.
• Require new regulations on sanitary food transportation practices.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Huntington Meat Packing Inc. of Montebello, California, is under criminal investigation and the probe has led to the recall of 4.9 million pounds of beef and veal products made over the past year.

Less than a month ago, an E. coli O157:H7 beef problem at Huntington prompted the recall of 864,000 pounds of patties and bulk ground beef products. No illnesses have been directly linked to the company's recalled meat, but this second recall is for operating under insanitary conditions.

A USDA press release says the violation and recall stem from a criminal investigation of the California meat packer by the Office of Inspector General with assistance from USDA's Food Safety and Inspection Service (FSIS). Details of  the criminal probe were not disclosed.

"The products are adulterated because the company made the products under insanitary conditions failing to take the steps it had determined were necessary to produce safe products,'' the press release said.

Each packing plant or processor is required to have a HAACP plan that describes the process controls needed to prevent food safety hazards and create a safe and wholesome product. "The investigation has uncovered evidence to show that the food safety records of the establishment cannot be relied upon to document compliance with the requirements,'' the press release.

National food safety law firm Pritzker Olsen, which represents consumers in food poisoning claims, is monitoring the investigation of Huntington Meat Packing. For answers to legal questions about victims' rights in foodborne illness cases, call us at 1-888-377-8900 (Toll Free) or complete our contact form on the side of this Web page.

The recalled beef and veal products from Huntington were produced from January 22, 2009, to January 4, 2010 and were sold to distribution centers, hotels and restaurants in California. Here is the list of products subject to recall. They all are marked with USDA establishment number EST 17967. 

• 10 lb. boxes of "IMPERIAL MEAT CO. GROUND BEEF PATTY"
• 10 lb. boxes of "El Rancho MEAT & PROVISION ALL BEEF PATTIES"
• 20 lb. boxes of "IMPERIAL MEAT CO. GROUND BEEF PATTY"
• 50 lb. boxes of "HUNTINGTON MEATS GROUND BEEF"
• 50 lb. boxes of " HUNTINGTON MEAT PKG. INC. BEEF GROUND FOR FURTHER PROCESSING"
• 50 lb. boxes of "BEEF BURRITO FILLING MIX"
• 50 lb. boxes of "HUNTINGTON MEAT PKG. INC. DICED BEEF"
• 50 lb. boxes of "HUNTINGTON MEAT PKG. INC. SLICED BEEF"
• 10 lb. boxes of "Huntington Meat VEAL PATTY"
• 10 lb. boxes of "Imperial Meat VEAL PATTY"
• 10 lb. boxes of "El Rancho VEAL PATTY"
• 20 lb. boxes of "Huntington Meat VEAL PATTY"
• 20 lb. boxes of "Imperial Meat VEAL PATTY"
• 20 lb. boxes of "El Rancho VEAL PATTY"

• Email This
• Print
• Comments
• Trackbacks
• Share Link

With the upcoming one year anniversary of her death weighing heavily on family members, they have joined a group representing 27 people affected by the outbreak by writing a letter to members of the U.S. Senate to pass Senate Bill 510 -- a food safety reform act that should be headed to the Senate floor in the near future. 

The families of the victims have written a letter to members of the Senate to honor their word and quickly pass the food safety bill to prevent future outbreaks. The legislation would be paired with language already adopted in the House. The changes -- designed to make our system more preventative than reactive -- have been pushed by President Obama. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 A new CBS News poll has found that nearly one quarter of Americans grade our country's food safety system as "D" or "F".

The poll results, part of a larger Food Safety in America report by CBS correspondent Bill Whitaker, showed that just one in three Americans are very confident that the food they buy is safe.

Thirty-two percent say they are "very confident" about the safety of the food they buy, while 52 percent are "somewhat confident." The remaining 16 percent say they are not too confident or not at all confident in the safety of their food.

CBS reported that 25 percent of Americans get sick every from what they eat.  In England and France, that number is 2 percent or less.

On average, 76 million Americans each year become victims of foodborne illness, including HUS E. coli,, Salmonella, Campylobacter, Listeria and E. coli in the brain. About 325,000 of those victims are hospitalized and 5,000 die.

In terms of assigning letter grades on the country's record of ensuring the safety of the food supply, the most commonly offered grades were C, chosen by 34 percent of those surveyed, and B, chosen by 33 percent. 

Just seven percent gave the country an A when it comes to keeping the food supply safe. Eighteen percent offered a D, and six percent served up a failing grade.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The U.S. Food and Drug Administration has obtained a judicial decree enabling it to shut down a Maryland fish distributor that has ignored the agency's warnings to abide by food safety laws.

The company in question is Congressional Seafood Co. Inc. of Jessup, Maryland. It supplies raw tuna and other fish for sushi and sashimi in addition to handling fresh and vacuum-packed crab meat, frozen octopus and shrimp and molluscan shellfish. Its market area includes New Jersey, Washington, D.C., Virginia and Pennsylvania.

 FDA said past violations have included failure to document that fish were refrigerated at appropriate temperatures, failure to keep fish species separate to avoid cross-contamination, failure to meet sanitation standards or keep records of compliance, and failure to verify that imported fish met FDA standards. The practices pose a public health risk because the fish products are well-known sources of E. coli, Listeria monocytogenes, Clostridium botulinum,Salmonella and other pathogens capable of causing serious health injury and death.

The decree, signed by U.S. District Judge Benson E. Legg, allows FDA to shut down Congressional Seafood, recall its products or take other corrective action in the event of future violations.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 A federal judge in White Plains, New York, has ordered the shutdown and padlocking of a kosher poultry slaughter facility in New Square, N.Y., that federal authorities say has been selling uninspected poultry since 2002.

The action was taken yesterday by Judge Stephen C. Robinson at the request of federal prosecutors who argued that the risk of foodborne illness or death was too great to allow New Square Meats to continue.

Here is an excerpt from news reporter Timothy O'Connor's story for LoHud.com describing conditions in the facility:

"During an April visit to the plant, federal investigators said they found poultry residue on walls, light fixtures, and the manager's office. Employee restrooms had no soap or hand sanitizer while rubbish and foul-smelling pools of water were found outside the plant, according to court papers federal authorities filed.''

Attorneys for the company asked the judge for a two-week reprieve, but he denied it in light of unsanitary conditions that posed an obvious health risk to the community.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Consumer expectations for airline food are admittedly low, but this is sickening.

 The Food and Drug Administration has downgraded the license of the LSG SkyChefs airline catering operation in Denver after finding infestations of cockroaches, rodent harborages, plumbing nozzles laying on the floor, pools of brown liquid under the garbage cans and cultures of Listeria monocytogenes in the food-making area.

According to a copy of  a warning letter obtained by national food safety law firm Pritzker Olsen, the FDA recently changed the caterer's classification from "Approved'' to "Provisional.''  SkyChefs has informed the FDA that it has made corrections, but if a reinspection doesn't go well next month, the facility could be deemed "Use Prohibited" or "Not Approved.'' In either case, airlines wouldn't be able to get their food from the location, the warning letter said.

The warning letter, dated December 10 and addressed to SkyChefs chief operating officer in Irving, Texas, said Listeria contamination was found in the Denver facilitiy's "hot kitchen'' from three swabs taken by FDA in its initial inspection. Listeria is a high-risk pathogen that can cause listeriosis infection, which is potentially deadly and can cause stillbirth and miscarriage in pregnant women.

Prepare to be disgusted by the following excerpts from the letter that detail some of the inspection results:

Our investigators observed numerous live roaches, dead roaches, and other insects, as well as food, and other debris, in various locations, including the following:

Cart wash area - Live and dead roach-like insects too numerous to count. Silverware station - At least 40 live roaches as well as other insects.  The hot kitchen - At least eight dead and one live roach insects were observed in and around the walls of the hot kitchen. Repack area - Live roaches too numerous to count.  Pots and pans warewashing room - At least four live and dead roaches, flies.  Dish machine wash area - At least 13 dead roaches inside the machine loading area and 31 or more dead nearby the machine. 

•  Employees handling food with bare hands or with unwashed gloved hands.
•  Water dripping from the ceiling into equipment/utensil cleaning areas.
• Gaps of up to 2.5 inches under garbage room doors, receiving dock doors, and outbound dock area doors.
• Standing brown liquid in the garbage room.
• Accumulation of debris in various areas such as in the ice pit, dairy cooler, dish machine area, and automatic cart wash area.
• Holes in wall surfaces, creating areas for insect and vermin harborage.
• Debris and standing liquid inside the automatic cart wash machine.
• Water hoses stored with nozzles resting on the floor.
• Click here to see a full copy of the warning letter.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

MINNEAPOLIS (Business Wire) Dec. 22, 2009 -- Dramatic outbreaks of food poisoning filled the first half of 2009, highlighted by 9 deaths from peanuts contaminated with Salmonella and then by a nationwide outbreak of E. coli O157:H7 in Nestle Toll House refrigerated cookie dough.

Less visible but just as menacing throughout the year was the drum beat of human infection caused by E. coli O157:H7 in ground beef. According to a review of federal records by national food safety law firm Pritzker Olsen Attorneys, more than 1 million pounds of ground beef and beef cuts intended for grinding were recalled from market this year by USDA-inspected slaughter plants and processors. The largest of the 15 recalls covered 545,699 pounds of ground beef produced this fall by Fairbank Farms of Ashville, N.Y.

Multi-state E. coli outbreaks associated with these recalls killed at least three people and sickened at least 80, according to the records. The outbreaks resulted in at least 34 hospitalizations and eight confirmed cases of life-threatening hemolytic uremic syndrome (HUS), a disease especially dangerous to children that causes kidney failure and many other serious health conditions.

Since January 2007, the industry has initiated at least 52 recalls of beef tainted with E. coli O157:H7 compared with 20 in the three previous years, according to the New York Times.

“This data points to the need for sweeping change in the way food safety is regulated in this country,'' said Fred Pritzker, founder and president of PritzkerOlsen. "While I agree we cannot ‘test’ our way out of this situation, the current regulatory schemes incentivize producers not to test their product. This is wrong and dangerous and needs to changed.”

The U.S. House in late July approved food safety legislation that would give sweeping new authority to the Food and Drug Administration. If a similar bill is passed by the Senate next year, President Obama would approve the first major changes to food-safety laws in 70 years. Judging from the food poisoning record of 2009, the changes are desperately needed.

The Salmonella Typhimurium outbreak caused by the now-defunct Peanut Corp. of America sprouted in late 2008, but it spilled over into 2009 with a cascading list of product recalls and burgeoning reports of people who had become seriously ill.

On April 29, the Centers for Disease Control and Prevention (CDC) issued its final report on the outbreak: Nine deaths, 714 confirmed illnesses in 46 states and more than 170 people hospitalized. Because Peanut Corp. was an indirect supplier of peanuts to all different kinds of food makers, the CDC estimated that more than 2,833 peanut-containing products may have been made with the ingredients, prompting a numbing quantity of food recalls that ranged from ice cream to pet food to sandwich crackers.

Pritzker Olsen is representing the families of three people who died in the outbreak and client Jeffrey Almer provided moving testimony on Feb. 11 to members of Congress. Contaminated peanut butter killed his mother, Shirley Mae Almer of Minnesota, after she had twice defeated cancer.

Just as the shock of contaminated peanut butter was wearing off, Americans learned that dangerous microbes were harboring in cookie dough. E. coli O157:H7 was not previously associated with raw, refrigerated cookie dough. But by mid-summer, 76 people in 31 states were confirmed victims of an E. coli outbreak traced to Nestle Toll House products made in Danville, Virginia. Despite an exhaustive investigation and temporary shutdown of the plant, conclusions could not be made with regard to the root cause of contamination. But, according to the CDC, the outbreak caused 35 hospitalizations and 11 confirmed cases of HUS.

Overlapping the cookie dough outbreak was a more familiar outbreak of E. coli O157:H7 caused by ground beef. At least 24 people from nine states were infected by the same strain of E. coli that Michigan public health investigators found in ground beef produced by JBS Swift Beef Co. There was an initial recall of 41,280 pounds, but it was soon widened to include 380,000 pounds of the product.

A smaller ground beef E. coli outbreak killed a 7-year-old Cleveland girl. Ohio health investigators associated her death with contaminated ground beef from Valley Meats LLC of Coal Valley, Ill., which recalled 95,898 pounds of potentially tainted hamburger meat in May that had been delivered to restaurants.

Two Salmonella outbreaks in 2009 were associated with ground beef produced by Beef Packers Inc., of Fresno, Calif. In August, the plant recalled 400 tons of ground beef, followed in early December by a recall of 22,723 pounds of hamburger products distributed by Safeway food stores in Arizona and Gallup, N.M.

Beyond the raw numbers of recalls and outbreaks, the New York Times showed in a remarkable story published October 3 why eating ground beef is still a gamble. The story, which should win a Pulitzer Prize for reporter Michael Moss, proved that neither the system meant to make the meat safe, nor the meat itself, is what consumers have been led to believe. Moss traced how food giant Cargill used low-grade ingredients and minimal testing protocols to make a hamburger that inadvertently paralyzed a 22-year-old children's dance instructor. The dancer's E. coli infection is the kind of nightmare that might wake people up. 

Fred Pritzker is founder and president of Pritzker Olsen, P.A., one of the few law firms in the United States that practices extensively in the area of foodborne illness litigation. The firm has collected millions of dollars on behalf of victims of food poisoning. Pritzker Olsen has offices at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402. For more information or to contact Fred call 1-888-377-8900 (Toll Free) or email fhp@pritzkerlaw.com. 

Contact:
Fred Pritzker
612-338-0202
fhp@pritzkerlaw.com
Plaza VII, Suite 2950,
45 South Seventh Street,
Minneapolis, Minnesota 55402
www.pritzkerlaw.com

###

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The U.S. Food and Drug Administration (FDA) has opened a post in Mexico City and the Department of Homeland Security has created a new center in Washington, D.C., devoted to ensuring the safety of foods imported to the United States.

The moves are in keeping with the Obama Administration's focus on protecting Americans from disease wrought by contaminated food.

Homeland Security's Commercial Targeting and Analysis Center (CTAC) for Import Safety is operating under the direction of Customs and Border Protection.  It was created on the recommendation of President Obama’s Food Safety Working Group, which had promised new ventures of cooperation between federal agencies.

The CTAC will specifically target shipments of imported cargo, including food, for possible safety violations.  Its partners providing on-site expertise will include the USDA's Food Safety and Inspection Service (FSIS), the FDA and the Consumer Product Safety Commission.

FDA's new Mexico City operation is the 10th international post and third to open in Latin America. Mexico provides one third of fresh fruit and vegetables consumed in the United States.

Dr. Margaret Hamburg, Obama's appointee to head FDA, said in an agency news release that the office will be mutually beneficial to both countries. Staff will work with local industries that ship food and medical products to the U.S. to improve their understanding of quality demands.

There are other plans for the office to collaborate with Mexican officials on the use of the latest laboratory and preventative food safety techniques, the press release said.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

With the caveat that only a small percentage of food poisoning cases in the United States are part of an identifiable outbreak, the Centers for Disease Control and Prevention (CDC) has issued a retrospective report on foodborne illness outbreaks that happened in 2006.

To help people digest the data, national food safety law firm Pritzker Olsen Attorneys has broken out highlights from the report. To contact a food poisoning lawyer at Pritzker Olson, call 1-888-377-8900 (Toll Free). Here are the highlights:

• A total of 1,270 outbreaks were reported in 48 states with 27,634 illnesses and 11 deaths.
• Among 634 outbreaks that had a confirmed etiology, Norovirus was the most common -- 54 percent of the total and 11,879 individual cases. Salmonella was second with 18 percent of the outbreaks and 3,252 individual illnesses.
• Of the 11 deaths that were linked to outbreaks, six were attributed to E. coli O157:H7, two were attributed to Listeria monocytogenes, one each to Salmonella and foodborne botulism and one to a mushroom toxin.
• When outbreaks were attributed to a single food source, here was the breakout: poultry 21 percent; leafy green vegetables 17 percent; fruits and nuts 16 percent.
• Although dairy products accounted for only 3 percent of single commodity outbreak-related cases (16 outbreaks and 193 cases), 71% of dairy outbreak cases were attributed to unpasteurized (raw) milk (10 outbreaks and 137 cases). A wide range of bacterial pathogens were associated with unpasteurized milk outbreaks, including Campylobacter (six outbreaks), E. coli O157:H7 (two outbreaks), Salmonella (one outbreak), and Listeria (one outbreak), resulting in 11 hospitalizations and one death.
• The biggest  outbreaks of 2006 included peanut butter contaminated with Salmonella (714 cases) and spinach contaminated with E. coli O157:H7 (238 cases). In the spinach outbreak,  31 persons developed hemolytic uremic syndrome, and five died, including a child. The contaminated spinach was traced back to a single farm, where the outbreak strain was isolated from nearby cattle feces and feral swine feces.
• Eleven outbreaks were coded as multi-state, meaning it spread beyond at least one state's borders. Of the multi-state outbreaks, four were attributed to E. coli O157:H7.

• Email This
• Print
• Comments
• Share Link

A string of national Salmonella and E. coli O157:H7 outbreaks over the past year, coupled with strong new leadership at FDA provided momentum for the passage of meaningful food safety legislation in Congress. In his latest editorial on behalf of millions of Americans who have suffered from food poisoning, national food safety lawyer Fred Pritzker laments how powerful lobbyists for the food manufacturing industry are trying to water down needed reforms. Mr. Pritzker's law firm, PritzkerOlsen, P.A., is involved in practically every major outbreak of foodborne illness and currently represents the families of three women who died recently from eating contaminated peanut products.

By FRED PRITZKER

Last week, the House Energy and Commerce Committee held a hearing on a proposed food safety bill that will likely be moving through Congress this summer.

The proposed legislation, still in draft form, contains requirements that all food manufacturers write and carry out safety plans, pay an annual registration fee of $1,000 to the Food and Drug Administration (FDA) to fund increased inspections, and keep track of the distribution of all food products.

New FDA commissioner Margaret Hamburg testified that this bill is “a major step in the right direction.”  One would think that after the string of national Salmonella and E. coli O157:H7 outbreaks over the past year anyone could realize our nation’s food safety system needed to be reformed.  Unfortunately, that may not be the case.

Pamela G. Bailey, president of the Grocery Manufacturers Association, spoke at the hearing against a plan to charge food makers $1,000 per facility per year to pay for increased inspections, and was skeptical that the proposed changes would truly be beneficial.
 
Unfortunately for Ms. Bailey, consumers understand that a safety system largely based on industry self-regulation is simply not working.  The fox has guarded the henhouse for too long, and now is the time for real action.

The U.S. Department of Agriculture estimates that last year alone there were nearly 1.4 million cases of Salmonella, causing 415 deaths and costing our nation over $2.6 billion.  Similarly, last year there was more than 73,000 cases of E. coli O157:H7, including 38 deaths, and costing nearly $500 million.  Just recently the Salmonella outbreak associated with peanut butter produced by Peanut Corporation of America is estimated to have cost over $1 billion, and taken at least seven lives.

Americans deserve much better.  If even a tiny fraction of foodborne illness cases can be eliminated, the costs of increased inspections will be returned many times over, not just in money, but in lives.

History is not on the industry’s side in this debate. It has almost universally opposed increased regulation going all the way back to the historic Meat Inspection Act of 1906.  The wretched conditions of the Chicago meatpacking industry first described in The Jungle made the public demand safer food over one hundred years ago, and was the catalyst for reform then.  Once again, we must let industry and our elected officials know that reform is needed to reduce the prevalence of foodborne illness.

Undoubtedly reform is needed.  Increased inspections and traceability is a good start.  For the food industry to claim that a $1,000 per facility fee to improve and increase inspections is too great is simply foolish.  I wonder if Ms. Bailey would be willing to tell the families of those killed by foodborne illness that $1,000 a year was too much to pay to prevent the loss of a family member’s life?

To contact food poisoning lawyer Fred Pritzker, call 1-888-377-8900 (Toll Free). For a free case consultation, complete our form. PritzkerOlsen has collected millions for victims of E. coli, Salmonella, Listeria and other types of infectious disease carried by contaminated food.

• Email This
• Print
• Comments
• Share Link

Most consumers pay attention to food recalls, but only about 60 percent take action by looking for recalled food in their homes, a Rutgers Food Policy Institute study has found.

A news release about the study said 40 percent of consumers who pay a great deal of attention to food recalls also think that the foods they purchase are less likely to be recalled than those purchased by others. They appear to believe that food recalls just don't apply to them, the press release said.

Getting consumers to pay attention to news about recalls "isn't the hard part,'' said Rutgers professor William Hallman, one of the study's authors. "It's getting them to take the step of actually looking for recalled food products in their homes.''

Rutgers said the study was based on a survey of 1,101 Americans interviewed by telephone from Aug. 4 to Sept. 24, 2008.

Nearly 75 percent of those surveyed said they would like to receive personalized information about recalls, through e-mail, for example. About half of Americans say that food recalls have had no impact on their lives.

• Email This
• Print
• Comments
• Share Link

CONSUMER ALERT: FDA is advising consumers not to eat any brand of shelled or unshelled pistachios, or any food products containing pistachios, such as baked goods, trail mix, and other snack foods, until FDA determines which pistachios and pistachio products are affected by the recall being conducted by Setton Pistachio of Terra Bella, Inc. ("Setton"), also called Setton Farms. 

An Illinois based candy and nut company has recalled a variety of products containing pistachios that could be contaminated with Salmonella bacteria.

Georgia Nut Company said in a letter to customers that it detected the problem while sampling and testing pistachio nuts from a third-party supplier from California. Georgia Nut CEO Rick Drehobl said no illnesses are known to be related to the recall.

In conjunction with the Food and Drug Administration, Georgia Nut also said there is no relationship to the ongoing Salmonella Typhimurium outbreak caused by contaminated peanuts and peanut paste from Peanut Corporation of America.

Distribution of the potentially contaminated pistachio products from Georgia Nut was in Wauwatosa, Wisc., Greenfield, Wisc., and the greater Chicago area. The specifics of the recall are as follows:

• Bulk Deluxe Mixed Nuts with shelled pistachios purchased at the Not Just Nuts store in Wauwatosa, WI from Dec. 5, 2008 through March 24, 2009.
• Bulk or custom packaged Deluxe Mixed Nuts with shelled pistachios purchased at Georgia Nut retail stores in Skokie and Glenview, IL, Georgia Nut’s Chocolate House location in Greenfield, WI, and through the Company’s website from Dec 11, 2008 through March 23, 2009,
• Bulk or custom packaged Dry Roasted Shelled Pistachios purchased at Georgia Nut retail stores in Skokie and Glenview, IL, Georgia Nut’s Chocolate House location in Greenfield, WI, and through the Company’s website purchased from Dec 3, 2008 through March 23, 2009.
• Mixed Nuts Deluxe Roasted and Salted Bulk with shelled pistachios purchased from clear plastic bulk bins in the produce department at Dominick’s Finer Food stores in the greater Chicagoland area from Dec. 10, 2008 through March 25, 2009.

Some of the products also were sold online, the company said.

• Email This
• Print
• Comments (11)
• Share Link