Food Poisoning Law Blog

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.