Food Poisoning Law Blog

This month there have been at least three recalls of food products due to possible contamination with Listeria monocytogenes, a foodborne pathogen that can cause serious illness and death. Listeria contamination almost always involves ready-to-eat products, which are marketed as not needing to be cooked by the consumer. This means there is no opportunity for destruction of the pathogen with heat prior to consumption. 

Below are the food products that have been recalled in May due to possible Listeria contamination. Please feel free to pass on this information.

• Bright Water Smoked Salmon & Cheese Spread
  Commissioner of Agriculture Tommy Irvin announced today that Georgia Department of Agriculture food scientists have found Listeria monocytogenes in a sample of Bright Water Smoked Salmon & Cheese Spread. The contamination was found in a seven-ounce package marked BEST BY 060608.  The UPC code is 1971100073. The spread is manufactured by Bright Water Seafoods, LLC, of Charlotte, N.C.  28217.  The contamination was discovered by the Georgia Department of Agriculture as part of its sampling program. The Georgia Department of Agriculture has notified the FDA, and we expect to see an announcement on the FDA site within the next few days.
• R&R Alsatian Beef Jerky Recall
  The Texas Department of State Health Services has announced that R&R Alsatian Sausage and Products is recalling beef jerky sold in bulk quantities at its Castroville location on April 25 and later due to possible contamination with Listeria monocytogenes.  Texas Department of State Health Services laboratory testing detected Listeria monocytogenes in samples of the beef jerky.  The testing was done as part of a routine state inspection.
• Gourmet Boutique Recall - Chicken Salad and Wraps
  Gourmet Boutique, L.L.C., a Jamaica, New York firm, has recalled approximately 286,320 pounds of fresh and frozen meat and poultry products that may be contaminated with Listeria monocytogenes. Read more about the Gourmet Boutique recall (includes a long list of products).

   

The Stop & Shop Supermarket Company is alerting customers to a Chang Farm Soy Sprouts recall.  The voluntary recall by Chang Farm involves Chang Farm Brand 12oz packages of Soy Sprouts with a sell-by date of April 19, 2008 and a UPC code of 00 29899 0100.

The product is being recalled because of the possible presence of Listeria bacteria.  Contamination with Listeria in food such as sprouts represents a significant danger to public health.

According to a Stop & Shop press release, upon being notified of the recall, Stop & Shop immediately removed from its shelves the affected product.

Do not eat the recalled Chang Farm Soy Sprouts. Listeria infections can be fatal, particularly for unborn babies, the elderly, and people with compromised immune systems.

If you are diagnosed with listeriosis, contact a Listeria lawyer at our law firm.  We have recently obtained a significant recovery in a Listeria case.  An attorney at our office would be happy to discuss our experience with Listeria lawsuits and your case.  To contact an attorney, please call 1-888-377-8900 (toll-free), e-mail our lawyers or submit our free case consultation form.

Information on Stop & Shop from their press release:

The Stop & Shop Supermarket Company, based in Quincy, Massachusetts,
employs more than 59,000 associates and operates 389 stores throughout
Massachusetts, Connecticut, Rhode Island, Maine, New Hampshire, New York
and New Jersey.

A cereal recall has been linked to Salmonella Agona cases in California, Colorado, Delaware, Maine, Massachusetts, Minnesota, North Dakota, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Vermont.  The cereal, puffed rice and puffed wheat, was recalled by Malt-O-Meal Company on April 5, 2008, and involved the following brands: Malt-O-Meal, Acme, America's Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw’s, ShopRite, Tops and Weis Quality. Read more information about the Malt-O-Meal recall.

The CDC, FDA and state health departments are investigating the Salmonella Agona outbreak.  The investigation includes interviews of persons with Salmonella Agona infections and comparison of the DNA fingerprints suggests that cereal from Malt-O-Meal unsweetened Puffed Rice Cereals and unsweetened Puffed Wheat Cereals is likely related to these illnesses.

The FDA issued a news release today that stated that 23 people in 14 states have been diagnosed with salmonellosis that was caused by the same strain of Salmonella that was found in the recently recalled unsweetened Puffed Rice and unsweetened Puffed Wheat Cereals produced by Malt-O-Meal.

The recalled cereal products were distributed nationally under the Malt-O-Meal brand name as well as under private label brands including Acme, America's Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw's, ShopRite, Tops and Weis Quality. The cereals have "Best If Used By" dates from April 8, 2008 (coded as "APR0808") through March 18, 2009 (coded as "MAR1809").

Yesterday's CDC information on the Salmonella Agona outbreak linked to the cereal recall stated:

Health departments from 13 states identified 21 ill persons infected with Salmonella Agona with the same genetic fingerprint. Ill persons with the outbreak strain have been reported from California (1), Colorado (1), Delaware (1), Maine (3), Massachusetts (2), Minnesota (1), North Dakota (1), New Hampshire (2), New Jersey (3), New York (3), Pennsylvania (1), Rhode Island (1), and Vermont (1). Illness onset dates, which are known for 9 patients, ranged from January 22 to March 2, 2008. Their ages range from 1 to 95 years; 62% are female. Three hospitalizations and no deaths have been reported.

Investigation of the Salmonella Agona Outbreak Linked to the Malt-O-Meal Cereal Recall

According to the CDC:

On April 5, 2008 Malt-O-Meal Company initiated a recall after the company's routine food testing detected the presence of Salmonella on March 24, 2008 in a Minnesota plant that produces and packages dry cereals. Malt-O-Meal issued a recall of unsweetened Puffed Rice Cereals and unsweetened Puffed Wheat Cereals produced during the past 12 months at the plant in Minnesota. The recall products have "Best If Used By" dates of April 8, 2008 to March 18, 2009.

On April 7, 2008, PulseNet, the molecular subtyping network for foodborne disease surveillance, notified CDC's OutbreakNet Team of a cluster of human Salmonella Agona isolates with an indistinguishable PFGE pattern (outbreak pattern) in multiple states. On April 10, 2008, CDC was informed by several state health departments that patients infected with Salmonella Agona with the outbreak pattern had eaten Malt-O-Meal cereal products. On April 11, the Minnesota State Public Health Department confirmed that the Salmonella isolate isolated from the Minnesota plant was Salmonella Agona and had the same indistinguishable PFGE pattern as the isolates from ill humans. CDC, multiple state health departments, and FDA are working collaboratively to identify additional cases and determine the source and factors that contribute to this outbreak.

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URGENT UPDATE TO MALT-O-MEAL RECALL INVOLVING PUFFED RICE AND PUFFED WHEAT: 13 STATES HAVE REPORTED 21 CASES OF LABORATORY-CONFIRMED SALMONELLA AGONA LINKED TO THE RECALLED CEREAL, SOME OF WHICH HAS TESTED POSITIVE FOR SALMONELLA AGONA.  WE HAVE BEEN CONTACTED BY PEOPLE WHO WERE SICKENED.  TO CONTACT US, PLEASE CALL 1-888-377-8900 (TOLL-FREE), E-MAIL LAWYERS AT OUR LAW FIRM, OR SUBMIT OUR LAW FIRM'S FREE CASE CONSULTATION FORM.

Malt-O-Meal has announced a Malt-O-Meal recall of its unsweetened Puffed Rice and unsweetened Puffed Wheat Cereals produced with “Best If Used By” codes between April 8, 2008 (coded as “APR0808”) and March 18, 2009 (coded as “MAR1809”) because they may have the potential to be contaminated with Salmonella.

The recalled product was distributed nationally, marketed under the Malt-O-Meal brand and as some private label brands including Acme, America's Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw’s, ShopRite, Tops and Weis Quality. If you have any unsweetened Puffed Rice or unsweetened Puffed Wheat cereals, you need to look at the code and see if it is part of this recall (all unsweetened Puffed Rice and unsweetened Puffed Wheat products with “Best If Used By” codes between April 8, 2008 (coded as “APR0808”) and March 18, 2009 (coded as “MAR1809”)). 

The recall was initiated after the company’s internal routine food safety testing detected the presence of Salmonella in a product produced on March 24, 2008.  The company immediately commenced an investigation to determine the root cause of this one positive finding as well as the extent of any possible exposure. Initial results from this follow-up investigation indicate that additional product may have been exposed to this contaminant.

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In the wake of the country’s largest ground beef recall in history, the USDA is considering applying a new rule to inform consumers of retailers which supplied recalled products.  This rule, however, would only cover Class I recalls, or those which the USDA considers most dangerous.  The Hallmark/Westland beef recall of 143 million pounds of ground beef shows the issues associated with this new rule. The recall was considered a Class II recall, and would not have fallen under the rule, so that consumers would not have known where the beef was supplied.

Hallmark/Westland, however, is a California-based company, falling under California jurisdiction, a state which releases a list of retailers in all recalls. Consumers could find information through the state of California and its nearly 150 page list of retailers.  Because the recall involved ground beef, it is almost impossible for consumers to determine whether or not their purchases are part of recall due to repackaging at retailers.  When the USDA and FSIS release a recall, they often give information on where the recalled product was manufactured, but with the ground beef, the consumer is still completely in the dark.  This means that if this new rule is passed, and there is another recall like Hallmark/Westland, but not in the state of California, consumers would have no idea whether or not they were purchasing recalled beef.

Food industry groups believe that expanding the rule, or even including the rule as it is would negatively affect the market for competitive reasons. If retailer information was public knowledge, competitors would know which retailers to approach with better prices.  Without the rule, the food industry could go on as normal at the cost of withholding vital information of foodborne illness from the American public. Dr. Richard Raymond, USDA undersecretary for food safety, believes that is important for consumers to have as much information about recalls as possible.

According to Time,

In an interview this week Raymond said that it was "common sense to assume" that some consumers may have fallen ill because they didn't have access to names of retailers selling tainted meat. But he disputed the suggestion that industry opposition — expressed in written and public comments, meetings with the White House Office of Management and Budget, and other venues — has stalled the rule.

Recall information is one of the most important ways to ensure the health and safety of consumers. Giving retailer information in Class I recalls is most definitely a fantastic start, but limiting it only to those recalls would mean an absence of knowledge in some of the largest recalls issued, such as the Hallmark/Westland recall.  The food industry may not like having all the information public knowledge, but the information would greatly improve public health and perhaps spur greater care for quality products on the manufacturer’s part.

There is now a nationwide recall of cantaloupe grown, packed and shipped by Agropecuaria Montelibano of Honduras.  Central American Produce, Inc. of Pompano Beach, FL announced the voluntary recall earlier today. The recalled Honduras cantaloupe was distributed nationwide and Canada. Based on findings of an investigation conducted by state health agencies, FDA and CDC,  the cantaloupe grown, packed and shipped from Agropecuaria Montelibano appears to be associated with a Salmonella Litchfield outbreak in the United States and Canada.

The FDA advises that U.S. grocers, food service operators and produce processors remove from their stock any cantaloupes grown, packed and shipped from Agropecuaria Montelibano. The FDA also advises consumers who have recently bought cantaloupes to check with the place of purchase to determine if the fruit came from this specific grower and packer. If so, consumers should throw away the cantaloupes, unless someone has been sickened by the recalled cantaloupe.  If someone has been sickened, they should contact a lawyer before discarding the recalled cantaloupe.

The cantaloupes were distributed for sale in medium brown cardboard cartons with the brands “Mikes Melons” or “Mayan Pride” all showing “PRODUCE OF HONDURAS” printed on each of the four side panels of the carton. The address of the shipper appears on one end panel of the carton as follows:

GROWN, PACKED AND SHIPPED BY:
AGROPECUARIA MONTELIBANO
SAN LORENZO, VALLE, HONDURAS

There are other firms that are involved in this recall using other labels of the same grower, including Mikes Melons. The FDA is taking this preventive measure while the agency continues to investigate this outbreak in cooperation with the Centers for Disease Control and Prevention and state partners.

The Pennsylvania Department of Agriculture has warned consumers to discard raw milk purchased from Fisher’s Dairy Farm in Portersville, PA due to a high risk of Listeria monocytogenes contamination. The dairy’s permit to sell raw milk was revoked in 2006, but state inspectors purchased raw milk from the dairy on March 6. Samples taken from the milk tested positive for Listeria four days later. Symptoms related to Listeria can be quite severe, resulting in death and miscarriage. No illnesses have been reported in this case.

When an undercover videographer from the Humane Society caught workers at the Hallmark/Westland Meat Packing Co. using forklifts and other inhumane practices to send cattle to slaughter, the attention of the American public was outraged and led to the largest recall of beef in United States history.  The USDA recall was based on the inhumane practices of the company and the violation of the “Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle” rule.

The recall affected more than 140 million pounds of beef, a large portion of which was used in the National School Lunch program.  To recall such a large number of products and to ensure the safety of the nation’s children must surely have been grounded due to some major risk factor. Although inhumane treatment of animals is an egregious act, no known diseases or risk factors are connected with it.  However, the introduction of non-ambulatory cattle into the food supply poses a very significant health risk.

Non-ambulatory cattle, or “downer” cattle, are those which for some biological or other reason cannot stand.  The USDA prohibits the slaughter of these cattle for use in the food supply due to their correlation with Bovine Spongiform Encephalopathy (BSE), more commonly known as “mad cow disease.”  It has been shown that most cattle that have BSE are non-ambulatory, so it is thought that by restricting the slaughter of non-ambulatory cattle, BSE will be prevented from entering the food supply.

The prevalence of BSE, however, is quite rare in the United States.  The USDA test around 40,000 cattle a year for the disease, and so far only a handful have been detected.  The USDA even tests more cattle than suggested by the World Animal Health Organization. Since BSE has been tracked, more than 95% cases have been in the United Kingdom.  If the disease is so rare in America, why go to all the trouble of protecting the food supply?  Why is BSE so dangerous?

BSE is a prion disease, in the same category as scrapie in goats, and Creutzfeld-Jacob disease in humans.  BSE in humans is also thought as a variant version of Creutzfeld-Jacob disease.  A prion is not a typical virus, in fact it is not a virus at all.  A prion is an infectious protein in the brain that affects normal proteins in the brain. The normal version of the protein, PrPc, is found on the surface of neurons and is involved in synaptic functioning.  The prion is a modified version of PrPc known as PrPsc. When PrPsc comes in contact with the normal PrPc protein, the prion refolds the normal protein, turning the normal protein into a prion.

Since prions are found in the brains of cattle, meat that has been separated from the head should not contain any prions. However, certain practices that vaporize brain matter may cause the spread of the infectious proteins.  The only way for prions to spread to humans is through consuming the prions.  The human version of mad cow disease is characterized by a loss of motor control, dementia, paralysis, and pneumonia, followed by death.  There is no way to treat mad cow disease in either cattle or humans, and it is always fatal.

Therefore, preventing the spread of BSE is very important. The only way to detect BSE in cattle is through an autopsy, with no way to test live animals.  However, with the correlation to non-ambulatory cattle, the USDA has set up measures to protect against BSE.  By restricting the slaughter of non-ambulatory cattle and by prohibiting the contamination of meat with specific risk materials (such as brain matter), the USDA hopes to keep the prevalence of BSE in the United States low.

Much scientific research is being devoted to understanding BSE and other prion diseases. There is still much to know about how the infectious proteins change normal proteins and how to detect the disease in live animals. New technology is being developed to have a reliable blood test for live animals and humans alike.  A new study by Harold G. Craighead describes a device called a nanomechanical resonator array.  The device detects the binding of prions in the brain and could lead to a reliable test for detecting BSE.

The dangers of BSE and the inhumane practices of Hallmark/Westland have brought many issues to light in the world of food safety.  The USDA has taken a strong stance against the company by announcing the largest recall to date, and hopefully will do nothing but strengthen their policies for preventing the transmission of BSE to humans.  The recall has also sparked interest into the area of prion research, and only more research and development will help to prevent this dangerous disease in the future.

All information in this article was found from the following sites:

http://www.aphis.usda.gov/publications/animal_health/content/printable_version/BSEbrochure12-2006.pdf

http://www.fsis.usda.gov/PDF/HallmarkWestland_QAs.pdf

http://www.fsis.usda.gov/PDF/Recall_005-2008_Release.pdf

http://www.microbiologybytes.com/virology/Prions.html

http://www.sciencedaily.com/releases/2008/03/080303093549.htm

The 143 million pounds of ground beef recalled by Hallmark/Westland was produced over the past two years and could have ended up in a variety of different places, including the School Lunch Program.  According to Meatingplace.com, the California Department of Public Health listed around 3,000 restaurants and business that may have received the recalled beef in a 120 page report.

Food distributors gave officials entire lists of customers and the report also named specific products that may have been contaminated and have been recalled by companies such as ConAgra Foods, Kirkland, General Mills, Nestle, and Richwood Meat.  Federal rules do not allow the listing of specific business that sell recalled products, but the State of California does.  Consumers and legislators have been working to release a list like that in California to a nationwide audience.  No illnesses have been reported due to the recall.

The list released by the California Department of Public Health can be found at www.cdph.ca.gov.

Hallmark/Westland Meat Packing, the target of the nation’s largest beef recall ever, has been especially disturbing due to their contract with the USDA to supply beef to the School Lunch Program.  It is concerning that the government has been letting unsafe products into our nation’s schools.  Although 143 million pounds of beef were recalled from Hallmark/Westland, The Wall Street Journal reports that School Lunch Program has been at risk for years.

The Government Accountability Office has cited multiple reports that go back to 2003 criticizing the USDA for poor food safety standards and choosing to buy products from establishments known to violate food safety standards. According to The Wall Street Journal,

In a 2003 report, the GAO, the investigative arm of Congress, said "195, or about 3%, of the total of 7,390 foodborne outbreaks that were reported nationwide, between 1990-99, occurred in schools." The GAO traced about half of 40 large outbreaks to poor sanitation in school kitchens.

In the wake of the Hallmark/Westland recall, the beef industry has been asserting that the incident was unique and not representative of the industry as a whole.  However, the data suggests otherwise. Other officials also have reported that the USDA did not take proper precautions to prevent the purchase of meat contaminated with pathogens such as E. coli and Salmonella. The USDA also did not demand documentation from establishments to verify the quality of their products, some establishments did not even have any documentation to provide.  Contracts for the School Lunch Program were also awarded to establishments that the USDA knew had food safety problems, such as samples that had tested positive for E. coli.

However, the USDA’s Agricultural Marketing Service which is responsible for purchasing beef for government use maintains that their procedures are effective at protecting those who take advantage of government food programs. The AMS also maintains that testing procedures are strict and that AMS does all they can to purchase safe food. But the information from multiple reports and the recent Hallmark/Westland recall suggest there are many problems that need to be addressed to ensure the safety of the School Lunch Program’s beef.

The California Department of Public Health has warned consumers not to eat alfalfa sprouts manufactured by Salad Cosmo and J.H. Caldwell and Sons due to possible Salmonella contamination.  Routine testing discovered the possible contamination and the companies have voluntarily recalled their products.

According to CDPH,

Salad Cosmo USA Corp. of Dixon, Calif., has recalled Salad Cosmo Alfalfa Sprouts distributed to retail stores, including SaveMart Supermarket and wholesale distributors throughout California and Washington.  

The Salad Cosmorecalled alfalfa sprouts are packaged in 2.5-ounce plastic containers with white and green labels and clear 1-pound bags with blue labeling.  Both packages are labeled Salad Cosmo Alfalfa Sprouts. The products have “Use By” codes: 0219, 0220, 0221, 0222, 0223, 0224, 0226, 0227, 0228, 0229, 0302 and 0303.  The codes are located on the front label of the 2.5-ounce packages and on the left side of the 1-pound bags near the product name.

J.H. Caldwell and Sons Inc. of Maywood, Calif., has recalled Always Fresh and Alfa One alfalfa sprouts distributed to wholesale distributors and retail grocery stores in California, including Beach Market, KV Mart and Superior Warehouse, and to Trader Joes grocery stores in California, Arizona, New Mexico, Nevada, Oregon and Washington.  

The J.H. Caldwell and Sons recalled alfalfa sprouts are labeled Always Fresh and Alfa One. The products are packaged in 4 ounce  and 5 ounce containers and in plastic bags.  The recalled product codes are 202182, 202192, 202202, 202212, 202222, 202232, 202242, 202252, 202262 and 202272.  The code is printed on the side of the containers and on the back of the plastic bag.

Alfalfa sprouts are especially dangerous when it comes to bacterial contamination because optimal conditions for growing the sprouts also allows for rapid bacterial growth. Because sprouts are also most often eaten raw, consumers are at greater risk to contracting infections from the bacteria, in this case Salmonella.  No illnesses have been reported due to these recalls.

Costco Wholesale, a Washington firm, has recalled approximately 10,368 pounds of frozen chicken entrées that may be contaminated with Listeria monocytogenes, according to a U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) Costco recall announcement.

The following product is subject to recall:

Four-pack of 12-ounce packages of "Discover Cuisine ™ Red Curry Chicken & Jasmine Rice." Each package bears the Canadian establishment number "Est. 302" inside the Canadian Food Inspection Agency mark of inspection as well as a "Best By" date of "12 18 08." The item number "2880" also appears by the UPC code on the package.

The frozen chicken entrées were produced on Oct. 18, 2007, and were sent to retail establishments in Alaska, Idaho, Montana, Oregon, Utah and Washington.

The problem was discovered through FSIS microbiological sampling. FSIS has conducted a regulatory microbiological testing program on poultry products since 1983.
When FSIS analysis finds a positive sample, any product represented by that sample must be reprocessed or destroyed. If all product implicated by a positive laboratory result is not under the establishment's control, as in this case, then “steps must be taken by the producing establishment to remove adulterated product from distribution channels and/or commerce, which may entail a voluntary recall” (http://www.fsis.usda.gov/Science/Micro_Testing_RTE/index.asp).

Our question with regard to this recall and the related recall by Meijer Distribution Center, a Michigan firm, is why it over 4 months after the production of the recalled frozen chicken entries for the companies to voluntarily recall the products. Most of these products are conveniently already eaten.

After months of being in an induced coma after contracting an E. coli infection that led to hemolytic uremic syndrome (HUS), Stephanie Smith is out of the coma and recovering at St. Mary's Hospital in Rochester, Minnesota.  To view a KARE 11 video entitled "Long road back for E. coli victim," click here.

It is a miracle Stephanie Smith is alive.  We wish her the best as she recovers.

This case is a reminder that many families and patients spend months living in Rochester due to the need for medical treatment.  If you would be interested in donating to charitable organizations that provide free or inexpensive lodging in Rochester, Minnesota to patients and their families, please see the following:

Baptist Hospitality House
Phone:  (507) 259-3837
Website:  http://ebcrochester.org/baptisthospitalityhouse/

Gift of Life Transplant House
Phone:  (507) 288-7470
Website:  (The website is not currently working)

Hope Lodge
Phone:  (507) 529-HOPE
Website:  http://www.cancer.org/...

House of Compassion
Phone:  (507) 289-6025
Website:   http://rochesterchurchofchrist.org/...

Mennonite Guest Home
Phone:  (507) 280-6252
Website:  None (If you know of a website, please leave a comment with the information)

Nazarene Well House
Phone: (507) 282-6702
Website: http://www.nazwellhouse.com/index.htm

Ronald McDonald House
Phone:  (507) 282-3955
Website:  http://www.ronhouserochmn.org/

If you know of any other charitable organizations providing free or inexpensive lodging in Rochester, Minnesota for patients and their families, please leave a comment.

Officials from the USDA report that there is still a massive amount of beef which has yet to be found in relation to the recall of 143 million pounds of beef produced by the Hallmark/Westland Meat Packing Co.  50.3 million pounds of the beef was used in federal food programs, which includes the school lunch program.  Of the beef used for federal programs, 19.6 million pounds is said to have already been consumed, with 15.2 million pounds identified and put aside.

However, officials report that 15.5 million pounds of the recalled beef has yet been found. The USDA has extended the recall to any products that may have the beef mixed in, which could include items such as spaghetti sauce and canned ravioli.

According to USA Today,

ConAgra Foods said it had not yet removed any product and was "looking into how or if" Sunday's recall affects the company.

The recalled products include meat processed for the past two years. The USDA said earlier that it believed most of it has already been consumed. In recent years, the Westland plant produced about 20% of the ground meat in the federal school lunch programs.

The beef has been recalled because investigation into practices at Hallmark/Westland revealed inhumane treatment of cattle, specifically the slaughtering of “downer” cattle, those that cannot walk.  The introduction of downer cattle into the food supply elevates risk for the spread of mad cow disease.  There have been no reports of illness related to the recall and the USDA states that there is a low risk level associated with the recalled products.

The aftermath of the largest beef recall in United States history, 143 million pounds produced by the Hallmark/Westland Meat Packing Co., leaves a myriad of questions open to answer about how the USDA could have overlooked such blatant violations of humane treatment of animals. A story in the L.A. Times explores the relationship of slaughterhouse workers with government inspectors and how it puts the nation’s food supply in jeopardy.

According to the story,

Slaughterhouse workers watch every move of federal inspectors. They know when they take bathroom breaks. They use the radio to alert one another to the inspector's every step. They even assign the pretty talkative woman to work next to the inspector to distract him from his mission to safeguard the nation's food supply.

The workers’ attempts to avoid the regulatory eyes of USDA inspectors seem to work.  Not only did it lead to the violations at Westland, but a 2006 audit of 12 slaughterhouses showed that 29 downer animals made their way to slaughter, only 9 of which had documented physical injuries that showed they were not diseased.

As the Government Accountability Office begins to investigate USDA inspection procedures, data is already available detailing the amount of vacant inspection posts in slaughterhouses across the country.

Last year, 9% of inspector positions nationwide were vacant, according to Amanda Eamich, a spokeswoman for the USDA's inspection service. In the district that includes Hallmark/Westland Meat, the average vacancy rate was 12%, said Stan Painter, president of the inspector's union. Eamich said that the vacancy rate is low compared with previous years and that the agency is recruiting aggressively to fill the vacancies.

Not only are there vacancies on the inspection lines, but the inspectors who are assigned to watch over a given section of a slaughterhouse are often called over to help inspect cattle carcasses. The abandoned posts at the cattle pens and elsewhere make all the more easy for workers to inhumanely treat animals out of view from inspectors.

The Westland products were used in the National School Lunch Program, and the GAO is currently figuring out which schools received the meat so that the remaining meat can be destroyed.

The meat industry stands by their members saying that this incident is not indicative of the industry as a whole.  Whether that is true or not, it is clear that there are problems existent in the way the USDA inspects slaughterhouses, and measures will need to be taken to improve the process so that future situations like Hallmark/Westland can be avoided in the future.

Hallmark/Westland Meat Packing Co. of Chino, California has voluntarily recalled more than 140 million pounds of raw and frozen beef.  The USDA’s Food Safety and Inspection Service has designated the beef to present a low health risk, making it a Class II recall.  The recall comes as a response to an FSIS suspension because the company did not completely and properly inspect their cattle.  We have had a lot of people comment on the recall on a previous post.  Read the post and the comments.

According to an FSIS news release, over the past two years Westland repeatedly failed to contact FSIS public health veterinarians in situations that involved cattle becoming non-ambulatory after passing FSIS ante-mortem inspection. The FSIS issued the “Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle” in July 2007, a ruling that FSIS believes Westland violated.

According to the FSIS recall statement,

Some of the Westland Meat Co. branded products were purchased for Federal food and nutrition programs and, since Jan. 30, 2008, USDA has had an administrative hold on all products from Westland Meat Co. in all of these outlets including, in the National School Lunch Program, the Emergency Food Assistance Program and the Food Assistance Program on Indian Reservations. Based on this Class II recall, officials of the Food and Nutrition Service and Agricultural Marketing Service will work closely with State food and nutrition officials to minimize any disruptions caused by the removal and disposal of recalled Westland Meat Co. products.

FSIS began to investigate the situation at Westland after receiving allegations of inhumane treatment of non-ambulatory animals.  Westland voluntarily ceased operations on February 1 and an FSIS Notice of Suspension was issued on February 4 due to Westland’s violation of the Humane Methods of Slaughter Act.

According to a Q&A release from the FSIS,

The Hallmark/Westland Meat Packing Company must first respond to the Notice of Suspension and submit a corrective action plan to address its failure to properly implement the Humane Methods of Slaughter Act and FSIS regulations. FSIS must first verify that the plan they submit fully and completely addresses the findings in the Notice of Suspension to ensure the humane handling and slaughter of animals at the facility.

The FSIS investigation of Westland is still underway and the company has yet to issue any written document detailing solutions to the violations. The USDA will reimburse states for any money lost due to the processing of Westland meat, and any products containing Westland meat should be destroyed according to government guidelines. The USDA is also pursuing actions to end contractual agreements with Westland so that the products lost can be replaced by other providers.

Concern over the recalled beef products centers around risks of spreading Bovine Spongiform Encephalopathy (BSE) into the nation’s food supply.  However, according to FSIS, the risk of BSE in the Westland meat is:

Negligible. The federal government has an interlocking system of controls to protect the food supply and to prevent animals with signs of central nervous system disorders from entering the food chain. All cattle at the Hallmark/Westland Meat Packing Company passed ante-mortem inspection before slaughter.

Since Westland meat was provided for federal government programs such as the School Lunch Program, there is concern about dangerous meat being served at schools; however FSIS maintains that the health risk to children from the recalled meat is negligible. 

Not only are there domestic concerns about Westland meat, but there may be complications in international trade.  Westland exported products to the Ivory Coast and Angola in 2007, but the USDA stands by their means of regulation, explaining that United States standards are 10 times stricter than those recommended by the World Organization for Animal Health.

A list of specific products being recalled can be found at: http://www.fsis.usda.gov/PDF/Recall_005-2008_Release.pdf

Contact information about which schools received Westland products can be found at:

http://www.usda.gov/actions

The Minnesota Department of Agriculture has advised consumers to avoid smoked pork and beef bratwurst produced by J&B Meats of Barnesville, Minnesota, with the lot number PBB30306, and Minnesota State Establishment Number 1198.  The recalled beef and pork bratwurst may be contaminated with Listeria monocytogenes bacteria.

The bratwurst was sold at the J&B Meats retail store in Barnesville.  The contamination was found during a routine test, and the Department of Agriculture has not reported any related illnesses.  Because some of the sausages were frozen when sold, it is possible for Listeria cases associated with the recalled bratwurst to surface months from now.

The FDA announced today a recall of vegetable products in #10 cans (6-7 lb. cans) produced by New Era Canning Company of New Era, Michigan.  The cans may have been contaminated by Clostridium botulinum spores. Affected cans can be identified by the UPC but most importantly by the lot code information on the can end.

The cans were distributed nationwide to food service customers, but may have also been available at retail stores. Any cans without a code should be considered affected. FDA inspectors uncovered the problem with products in New Era’s possession.  No product has yet tested positive for the toxin and no cases of botulism have been reported.

According to the FDA,

Clostridium botulinum bacterium spores have the potential for growth that produces a toxin that causes a potentially fatal form of food poisoning - botulism. Symptoms of botulism poisoning in humans can begin from 6 hours to 2 weeks after eating food that contains the toxin. Symptoms may include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, and muscle weakness that moves progressively down the body, affecting the shoulders first, then descending to the upper arms, lower arms, thighs, and calves. Botulism poisoning also can cause paralysis of the breathing muscles, which can result in death unless assistance with breathing (mechanical ventilation) is provided. Individuals who have these symptoms and who may have recently eaten the any of the recalled vegetable products currently under recall or other food products made with these items should seek immediate medical attention.

The FDA also released a comprehensive list of products affected:

Classic Sysco brand, Distributed by Sysco Corporation, Houston, TX.

Green asparagus cuts & tips (asparagus, water, salt) in 101 oz. (6 lb. 5 oz.) cans (UPC 7486510471). All lot codes beginning with "00249" are included.

Great Northern beans (Great Northern beans, water, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 7486510486). All lot codes beginning with "00249" or "NORTH" are included.

Green beans, Italian cut, (Italian green beans, water, salt), in 105 oz. (6 lb. 9 oz.) cans (UPC 7486511294). All lot codes beginning with "00249" or "ITAL" are included.

Light red kidney beans (kidney beans, water, corn sweetener, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 7486510642). All lot codes beginning with "00249" or "LRKID" are included.

Red beans (red beans, water, salt, calcium chloride, EDTA) in 110 oz. (6 lb. 14 oz.) cans (UPC 7486510638). All lot codes beginning with "00249" or "RED" are included.

Cut wax beans (wax beans, water, salt) in 101 oz. (6 lb. 5 oz.) cans (UPC 7486511434). All lot codes beginning with "00249" or "WAX" are included.

Code brand, Distributed by Code, Atlanta, GA.

Dark red kidney beans (soaked kidney beans, water, corn sweetener, salt, calcium chloride, EDTA) in 6 lb. 12 oz. cans (UPC 1207316042). All lot codes beginning with "00249" or "DRKID" are included.

Fancy cut wax beans 4 sieve (wax beans, water, salt) in 6 lb. 5 oz. cans (UPC 1207310183). All lot codes beginning with "00249" or "WAX" are included.

Frosty Acres Restaurant's Pride Preferred brand, Packed for F.A.B., Inc., Alpharetta, GA.

Black beans (cooked black beans, water, ferrous gluconate, calcium chloride) in 6 lb. 15 oz. cans (UPC 4820049145). All lot codes beginning with "00249" or "BLACK" are included.

Blackeye Peas (Blackeye peas, water, salt, calcium chloride, EDTA) in 6 lb. 12 oz. cans (UPC 4820049146). All lot codes beginning with "00249" or "BEP" are included.

Fancy Great Northern beans (Great Northern white beans, water, salt, natural flavors and calcium chloride) in 110 oz. (6 lb. 14 oz.) cans (UPC 4820068288). All lot codes beginning with "00249" or "NORTH" are included.

Fancy cut Italian green beans (Italian beans, water, salt) in 105 oz. (6 lb. 9 oz.) cans (UPC 4820068390). All lot codes beginning with "00249" or "ITAL" are included.

Fancy dark red kidney beans (dark red kidney beans, water, corn syrup, salt, calcium chloride) in 111 oz. (6 lb. 15 oz.) cans (UPC 4820068171). All lot codes beginning with "00249" or "DRKID" are included.

Fancy Mexican style chili beans (white beans, water, corn syrup, sugar, tomato paste, salt, dextrose, onion powder, garlic powder, oleoresin paprika, natural flavors) in 111 oz. (6 lb. 15 oz.) cans (UPC 4820068534). All lot codes beginning with "00249" or "CHILI" are included.

Fancy pinto beans (pinto beans, water, salt, calcium chloride, EDTA) in 111 oz. (6 lb. 15 oz.) cans (UPC 4820068939). All lot codes beginning with "00249" or "PINTO" are included.

Fancy red beans (prepared red beans, water, salt, calcium chloride, EDTA) in 6 lb. 12 oz. cans (UPC 4820069023). All lot codes beginning with "00249" or "RED" are included.

Fancy vegetarian beans in tomato sauce (white beans, water, corn syrup, sugar, tomato paste, salt, dextrose, onion powder, garlic powder, oleoresin paprika and natural flavorings) in 112 oz (7 lb.) cans (UPC 4820069161). All lot codes beginning with "00249" or "VEG" are included.

GFS brand, Distributed by Gordon Food Service, Grand Rapids, MI

Fancy all green asparagus cuts & tips (asparagus, water, salt) in 6 lb. 5 oz. cans, reorder no. 229601 (UPC 9390122960). All lot codes beginning with "00249" are included.

Fancy black beans (black beans, water, salt) in 6 lb. 12 oz. cans, reorder no. 557714 (UPC 9390155771). All lot codes beginning with "00249" or "BLACK" are included.

Italian cut green beans (Italian green beans, water, salt) in 6 lb