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The Food and Drug Administration (FDA) has announced two public meetings to discuss the prevention of Salmonella enteritidis (SE) during the production, storage and transportation of shell eggs. Slated for September 30, 2009, in Chicago, Illinois, and November 5, 2009, in Atlanta, Georgia, the meetings will explain an FDA final rule that requires shell egg producers “to implement measures to prevent SE from contaminating eggs on the farm and from further growth during storage and transportation, and requires these producers to maintain records concerning their compliance.” The agency has anticipated that the rule will prevent 79,000 illnesses and 30 deaths attributed to SE, a leading bacterial cause of foodborne illness in the United States. See Federal Register, August 31, 2009.

A California trial court has determined that the insurer of the nation’s largest seller of bagged fresh spinach must pay for its losses from the 2006 nationwide E. coli outbreak that led to a Food and Drug Administration (FDA) advisory against eating any fresh spinach. Fresh Express, Inc. v. Beazley Syndicate 2623/623 at Lloyd’s, No. M88545 (Cal. Super. Ct., Monterey Cty., decided August 18, 2009). The outbreak was ultimately traced to a different producer, and the insurer denied coverage. Following a bench trial, the court determined that (i) the produce company introduced sufficient evidence to establish that it committed “errors” within the policy’s meaning by failing, before purchasing spinach, to conduct a food safety audit of the field where it was grown to verify that the growers had complied with good agricultural practices; (ii) this verification of good practices compliance “was an integral and inseparable part of its safe manufacturing practices”;…

“This is Salmonella’s world. We’re just living in it,” claims science writer Karen Kaplan of The Los Angeles Times in this article exploring the evolution of the deadly bug responsible for recent pistachio and peanut recalls. “The bacterium appeared on the planet millions of years before humans, and scientists are certain it will outlast us too. It’s practically guaranteed that Salmonella will keep finding its way into the food supply despite the best efforts of producers and regulators.” Kaplan writes that the rise of Salmonella is due in large part to the industrialization of agriculture and food processing, and that eating trends also play a role. She quotes Robert Tauxe, deputy director of the Centers for Disease Control and Prevention’s division of food-borne diseases, as saying that time-strapped Americans are consuming more preprocessed meals, which means that food has had more opportunity to be contaminated by handlers, machinery and other ingredients.…

The Canadian Food Inspection Agency has issued a warning and reported the voluntary recall of frankfurters and wieners manufactured by Maple Leaf Foods, the company whose Listeria-tainted meat products in 2008 purportedly sickened thousands across Canada and were apparently ruled a “contributing cause” in the deaths of 22. According to the agency, the processed meat products now at issue “may be contaminated with Listeria monocytogenes.” While no reported illnesses have been associated with the products’ consumption, the “potential problem” was identified “as a result of the new mandatory testing and reporting requirements placed on industry in February 2009.” Details about the settlement Maple Leaf reached in litigation arising from the 2008 outbreak appear in issue 303 of this Update. See Canadian Food Inspection Agency Health Hazard Alert, August 3, 3009.

A new report by an independent investigator is harshly critical of Canada’s food safety system with respect to the 2008 Listeria outbreak linked to the deaths of 22 people. Sheila Weatherill, a nurse and health executive who led the federally appointed investigation, said the system was caught unprepared and acted without urgency, citing a void in leadership, a raft of systematic flaws, a shortage of inspectors, and evidence of contamination on meat-production lines months before last summer’s outbreak that was not effectively monitored. While Listeria is difficult to detect, “more could have been done to prevent it happening in the first place . . . and more must be done to make sure it doesn’t happen again,” Weatherill asserts. Her 57 recommendations include (i) providing better training for food inspectors, (ii) assigning Canada’s public health agency the lead role in responding to national foodborne emergencies and (iii) performing an external…

A Plainview, Minnesota, milk cooperative has reportedly recalled two years’ worth of food products, including instant non-fat dried milk, whey protein, and fruit stabilizers and gums for fear that they are contaminated with Salmonella. While no illnesses have apparently been linked to the products, which are sold to food manufacturers and distributors only, the recall has been further expanded to products containing these ingredients. Among the other recalled foods are instant oatmeal, hot chocolate mix, popcorn toppings and shake mixes. The U.S. Department of Agriculture reportedly detected Salmonella in a milkshake powder in June, and Food and Drug Administration investigators found the bacteria in the Plainview Milk Products Cooperative plant. See UPI.com, June 29, 2009; USA Today, July 6, 2009; FDA Press Release, July 8, 2009.

According to news sources, Food and Drug Administration (FDA) inspectors have found E. coli in a package of cookie dough at Nestlé USA’s plant in Danville, Virginia. The strain did not, however, match the DNA fingerprint of the strain purportedly linked to the illnesses of some 72 people in 30 states. FDA’s David Acheson, assistant commissioner for food safety, commenting on the continuing mystery as to how the E. coli contaminated the cookie dough, was quoted as saying, “This will be one of those situations where we won’t definitely know what went wrong.” The agency’s findings could affect the product liability lawsuits already pending in several states. Investigators reportedly performed more than 1,000 tests on environmental and other samples from the plant, but found no evidence of the potentially deadly bacteria inside the facility or on any equipment. The company has apparently begun a “controlled production startup” after discarding all stockpiled…

Researchers with the U.S. Centers for Disease Control and Prevention (CDC) have reportedly identified a strain of Reston ebolavirus (REBOV) in pigs for the first time, raising questions about the ability of the virus to mutate and cause illness in humans. First reported in the July 3, 2009, issue of Science, the results apparently showed that various REBOV strains have been circulating in the pig population of the Philippines, suggesting that swine there could have harbored REBOV before 1989, when the disease was discovered in a monkey exported to Reston, Virginia. REBOV can be transmitted to humans, but does not cause them to contract illnesses such as the Ebola hemorrhagic fever often associated with this family of viruses. “REBOV infection in domestic swine raises concern about the potential for emerging disease in humans and a wider range of livestock,” stated the researchers in Science. “There is a concern that its passage through…

The Department of Justice (DOJ) is seeking to enjoin the operation of a cheese-processing facility in New York due to the Listeria monocytogene (L. mono) contamination of its Queso Hebra, Queso Fresco and Queso Cotija Molido cheeses. U.S. v. Peregrina Cheese, Inc., No. 09-2888 (E.D.N.Y., filed July 7, 2009). According to DOJ, state and federal inspections of the facility since at least 2004 have revealed serious sanitation problems. Because product samples and equipment surfaces tested positive for the same L. mono strain, Food and Drug Administration (FDA) analysts concluded that “the strain has formed a niche at Peregrina Cheese’s facility.” The owners have apparently refused to shut down the plant to properly sanitize it, claiming that the state food safety agency approved the “use of an antimicrobial agent as an additive in Peregrina Cheese’s Queso Fresco product.” The owners did not, however, provide “any information as to the level of use”…

During a recent week-long meeting in Rome, Italy, the Codex Alimentarius Commission (CAC) adopted more than 30 standards and guidelines designed to protect consumers’ health, such as cutting the levels of potential cancer-causing chemicals and bacteria in foods. Among the rules adopted by the joint body of the United Nation’s Food and Agriculture Organization (FAO) and the World Health Organization were measures to reduce acrylamide, a chemical by-product of high-temperature cooking processes that has allegedly been linked to cancer. “Applying Codex standards and guidelines are an important part of ensuring that consumers in every part of the world can be protected from unsafe food,” an FAO spokesperson was quoted as saying. CAC also adopted criteria for Salmonella and other bacteria in powdered formula for children ages 6 months and older and microbiological testing parameters aimed at helping producers control and prevent contamination of ready-to-eat foods with Listeria. See Reuters; FoodNavigator-USA.com, July…

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