Feinstein Introduces Legislation Requiring “Pathogen Free” Certification for Food
U.S. Senator Dianne Feinstein (D-Calif.) has introduced legislation (S.B. 2819) “to require that food producers take responsibility for keeping food free from harmful pathogens,” according to a November 30, 2009, press release. The Processed Food Safety Act would amend the Poultry Products Inspection Act, Federal Meat Inspection Act and Federal Food, Drug and Cosmetic Act to “prohibit the sale of any processed poultry, meat and FDA-regulated food that has not either undergone a pathogen reduction treatment, or been certified to contain no verifiable traces of pathogens.” The Act also includes provisions to (i) require that “labels on ground beef, or any other ground meat product, specifically name every cut of meat that is contained in the product,” and (ii) close loopholes “in current laws that allow for producers to add coloring, synthetic flavorings and spices to their products without informing the consumer.”
In announcing the bill, Feinstein highlighted a recent foodborne illness outbreak in New Hampshire and New York that allegedly killed two people and resulted in a voluntary recall for 545,699 pounds of ground beef. “It is the responsibility of the food producer, not the consumer, to make sure our food is safe to eat,” she said. “Serious reform is needed. This bill would require companies that process any kind of food, from ground beef to frozen pot pies, to test their finished products and their ingredients to make sure that they are safe to eat and pathogen free.” See FoodNavigator-USA.com, December 2, 2009.
In a related development, Consumers Union (CU) has released its annual study of whole broiler chickens, claiming that, of the 382 samples purchased in 22 states, “two-thirds harbored salmonella and/or campylobacter, the leading bacterial causes of foodborne disease.” According to a January 2010 Consumer Reports article titled “How Safe Is That Chicken?,” independent laboratory analysis purportedly found that “campylobacter was in 62 percent of the chickens, salmonella was in 14 percent, and both bacteria were in 9 percent.” Although CU lauded organic, air-chilled broilers as the “cleanest” option and noted a “modest improvement” in overall pathogen reduction from previous years, the group faulted both “inadequate” producer safeguards and the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) for failing to institute Campylobacter controls similar to those in place for Salmonella. The magazine also reported that “68 percent of the salmonella and 60 percent of the campylobacter organisms” from the contaminated chicken showed “resistance to common antibiotics,” as “most bugs could resist at least one antibiotic, and some evaded multiple classes of drugs.”
“The message is clear: Consumers still can’t let down their guard,” stated the article, which recommended cooking chicken to at least 165° F and following proper storage procedures to prevent cross-contamination. The National Chicken Council, however, has pointed to a “more comprehensive survey by the U.S. Department of Agriculture [USDA]” that found fewer Campylobacter and Salmonella pathogens on raw chicken.
“More important is the fact that USDA found that the levels of microorganisms present are usually very low,” the poultry trade group noted in a November 30, 2009, press release, which criticized Consumer Reports for failing to undertake this analysis. “The USDA survey also showed that poultry processing greatly improves the microbiological profile of raw chickens. In fact, the industry does an excellent job in providing safe, wholesome food to American consumers.” See FoodNavigator-USA.com, December 1, 2009.
