FDA has published a notice requesting comments, scientific data and information “that would assist the agency in its plans to conduct a risk assessment of the public health impact of foodborne Listeria monocytogenes in some ready-to-eat foods, sliced, prepared, and/or packaged in retail facilities.” According to the notice, “[l]ittle is known about how Listeria contamination occurs in retail facilities . . . There is thus a need to identify potential sources and practices that may increase L. monocytogenes contamination in retail settings and practices or interventions that could reduce or eliminate L. monocytogenes contamination of food products (sold to consumers at the retail level) and
resulting human illness.”

Comments and materials relevant to FDA’s risk assessment must be submitted by April 21, 2009. The agency specifically requests data and information about (i) ready-to-eat food markets in the United States; (ii) deli department characteristics; (iii) product contamination data; (iv) factors influencing the growth of the bacteria in cheese, deli meat and deli-type salad; (v) environmental contamination; (vi) factors influencing the environmental contamination and cross-contamination of food by L. monocytogenes in retail facilities; and (vii) identity
and effectiveness of control measures. A 2003 risk assessment apparently found that among ready-to-eat foods, deli meats presented the highest risk per serving and the highest risk per annum for Listeria contamination. Unpublished USDA data evidently “estimated that most of the listeriosis cases attributed to ready-to-eat meat and poultry deli meats are from products sliced and packaged at retail.” See Federal Register, January 21, 2009.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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