According to a news source, U.S. Department of Agriculture (USDA) inspectors, who test the meat and trimmings used in ground beef, deal with about 60 positive E. coli tests annually by taking steps to ensure that the tested meat does not reach consumers, but they apparently fail to conduct a full inspection to try to pinpoint the source of contamination or locate additional meat that may be contaminated. Food safety and consumer advocates, such as Food & Water Watch, have reportedly called on the USDA to adopt a policy change that would require deeper investigations when positive results turn up in routine investigations. They contend that this could indicate a breakdown in the food safety system and consumers are at risk because other tainted meat could remain in the food chain.

A spokesperson for the USDA’s Food Safety and Inspection Service (FSIS) was quoted as saying, “The risk profile of these positives is far lower than a known outbreak,” which requires a more intense investigation to deal with a potentially spreading illness. FSIS is reportedly reviewing all aspects of food safety regulations and noted in a statement, “Increased testing of ground beef is one such option, but testing alone will not ensure the safety of products in the marketplace. Both FSIS and industry testing programs are designed to detect contamination as effectively as possible, but the nature of pathogens makes it impossible to detect with complete certainty.” Canada apparently takes a similar approach to routine inspections, but it is also reviewing how it handles ground beef production.

U.S. Representative Rosa DeLauro (D-Conn.) agreed that more investigation is warranted after a routine positive test, calling it an “important preventive measure” that should be immediately implemented. “Any testing and trace-back regimen that has the potential of reducing food-borne illnesses should not be dismissed by USDA,” she said. An American Meat Institute spokesperson reportedly disagreed, contending that good reasons support treating a positive routine test differently than an outbreak, but that processors should retain control of meat until test results are known. Apparently, processors often release meat for distribution before learning the results of testing. The institute commented to USDA that recalls could be reduced if distribution awaits test results. See Chicago Tribune, February 9, 2010.

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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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