A Maine federal court has granted the U.S. Department of Justice (DOJ) a permanent injunction against Mill Stream Corp., a seafood company that allegedly failed to take measures preventing the formation and growth of Clostridium botulinum, the cause of botulism, or Listeria monocytogenes, the cause of listeriosis. U.S. v. Mill Stream Corp., No. 16-0080 (D. Me., order entered February 12, 2016). The injunction prevents the company and its employees from processing or distributing food produced at Mill Stream’s facilities or by its owner until several conditions have been satisfied, including: (i) retention of an independent laboratory to test for Listeria, (ii) development of Hazard Analysis and Critical Control Point plans by an independent expert, (iii) implementation of such plans, (iv) completion of additional employee training, and (v) approval to reopen by the U.S. Food and Drug Administration (FDA). “The failure to plan for and control the presence of bacteria and neurotoxins…
Tag Archives botulism
Two new studies recently published in the Journal of Infectious Diseases have reportedly identified for the first time in more than 40 years a new strain of Clostridium botulinum, prompting debate over whether the genetic sequences needed to reproduce the toxin should be made available to the public despite concerns that the information could pose a security risk. Jason Barash and Stephen Arnon, “A Novel Strain of Clostridium botulinum That Produces Type B and Type H Botulinum Toxins,” Journal of Infectious Diseases, October 2013. Nir Dover, et al., “Molecular Characterization of a Novel Botulinum Neurotoxin Type H Gene,” Journal of Infectious Diseases, October 2013. According to an October 10, 2013, article in CIDRAP News, the California Department of Public Health researchers who discovered botulinum neurotoxin type H (BoNT/H) using an infant botulism case have declined to release their data until an antitoxin has been developed. They apparently arrived at their decision after…
A Florida-based import-export company has filed for Chapter 7 protection in bankruptcy court, listing more than $204 million in liabilities from litigation over its role in the import from China of powdered milk contaminated with melamine. In re Exim Brickell, LLC, No. 13-28502 (U.S. Bankruptcy Ct., S.D. Fla., filed August 3, 2013). Exim Brickell, LLC declared $300 in office furniture as its only asset. According to a news source, the 2008 tainted Chinese milk scandal, which affected hundreds of thousands of children in that country and killed six, resulted n verdicts and legal fees against the company as a result of litigation involving a Venezuelan company that recently won an appeal in their breach of contract dispute. See Law360, August 7, 2013. In a related development, a new milk contamination scandal has developed in China over whey protein concentrate potentially contaminated with the C. botulinum bacterium. The dairy farm near…
