Two members of the U.S. House of Representatives have written a letter requesting an investigation and hearing into the recent outbreak of Listeria monocytogenes in cantaloupe. Representatives Henry Waxman (D-Calif.) and Diana DeGette (D-Colo.) asked the House Energy and Commerce Committee and its subcommittee on oversight and investigations to conduct a probe into Listeria purportedly found at Jensen Farms in Colorado. As of October 3, 2011, the outbreak has reportedly spread to 20 states and killed 18 since it began on or after July 31, according to a CDC report. Calling the event “the nation’s deadliest outbreak of foodborne disease in more than a decade,” the lawmakers have pressed for Jensen Farm records detailing inspections and communications with federal regulators, documents related to the company’s product monitoring, and a description of when and where Listeria contamination was first detected. “As the death toll sadly continues to climb, a congressional hearing into this matter…
Tag Archives Listeria
The Food and Drug Administration (FDA) and the Food Safety and Inspection Service (FSIS) have announced that they are seeking comments and scientific data to update a risk assessment on the relationship between foodborne Listeria in selected ready-to-eat (RTE) foods and human health. According to the agencies, the effort is designed to evaluate reduction or prevention strategies of Listeria exposure to RTE foods, such as “the impact of changing refrigerated time and temperature storage prior to consumption.” The agencies specifically request comments or data on areas including (i) Listeria “contamination in different RTE foods sampled at retail or in the processing plant,” (ii) Listeria “survival and growth dynamics in RTE foods,” (iii) “the relationship between the dose of Listeria monocytogenes ingested with food and the frequency of Listeria,” (iv) “current food consumption practices in the United States” relating to RTE foods, and (v) storage times and temperatures that may affect Listeria growth during…
Finding no clear state precedent, a federal court in Ohio has certified to the state supreme court a question arising in a case involving insurance coverage for Listeria-contaminated meats that led to the destruction of 1 million pounds of meat products in 2006. HoneyBaked Foods, Inc. v. Affiliated FM Ins. Co., No. 08-1686 (N.D. Ohio, order entered March 3, 2011). The question certified is as follows: In light of the Supreme Court of Ohio’s opinion in Anderson v. Highland House Co., 93 Ohio St. 3d 547 (2001), does the reasonable-expectations doctrine apply to a commercial general liability “all-risk” insurance policy, so that coverage, which otherwise would be excluded under the terms and conditions of the policy, is afforded, provided the trier of fact determines that the insured reasonably expected, when purchasing the policy, that the policy would cover the loss at issue. HoneyBaked Foods claimed a loss of approximately $8 million under…
The Food and Drug Administration (FDA) has issued the first annual report on its Reportable Food Registry (RFR) designed to prevent foodborne illness outbreaks. Summarizing 2,240 online food safety reports from the food industry and public health officials between September 2009 and September 2010, the report “is a measure of our success in receiving early warning problems with food and feed,” states FDA Deputy Commissioner for Foods Michael Taylor in the preface. Report findings apparently show that 37.6 percent of the reported food hazards were caused by Salmonella, 34.9 percent by “undeclared allergens/intolerances” and 14.4 percent by Listeria. The report highlighted “two particularly significant issues in multiple commodity groups that require attention”: (i) Salmonella found in such products as spices and seasonings, produce, animal feed and pet food, nuts and seeds; and (ii) allergens and intolerances in fare including baked goods, fruit and vegetable products, prepared foods, dairy, and candy.…
A federal court in Ohio has determined that, for the most part, an “all-risk” insurance policy excludes from coverage the losses sustained by a meat processor whose products were contaminated with Listeria during processing. HoneyBaked Foods, Inc. v. Affiliated FM Ins. Co., No. 08-01686 (N.D. Ohio, W. Div., decided December 2, 2010). Still, the court ordered the parties to prepare a question for certification to the Ohio Supreme Court as to whether, “notwithstanding the failure of the policy to cover the plaintiff’s loss, such loss might be covered” under a reasonable-expectations theory. According to the court, the meat processor was required to destroy about 1 million pounds of fully cooked ham and turkey products after it was discovered that the Listeria found in product samples matched sludge in a hollow roller that was part of the processing plant’s conveyor system. The company sought coverage for the disposed food products and additional losses…
The Food and Drug Administration (FDA) has reportedly confirmed the presence of Listeria monocytogenes at a San Antonio, Texas, processing plant implicated in four deaths. According to a November 3, 2010, FDA press release, the agency’s inspection of SanGar Fresh Cut Produce identified the bacteria “in processed celery and in multiple locations in the plant environment, including on food contact surfaces.” FDA also noted that its samples matched “the DNA fingerprint of the clinical cases of listeriosis reported by the Texas Department of State Health Services [DSHS],” which last month closed the plant and ordered a recall of all products shipped since January 2010. “It comes as no surprise to us,” one DSHS spokesperson was quoted as saying. “If there was any doubt out there, this erases it. It’s another layer of confirmation that this plant had serious issues.” Additional details about the outbreak and recall appear in Issue 369…
The Texas Department of State Health Services (DSHS) has ordered a San Antonio produce plant to stop processing food and recall all products shipped since January 2010 because “laboratory tests of chopped celery from the plant indicated the presence of Listeria monocytogenes.” DSHS has prohibited Sangar Fresh Cut Produce from reopening without approval from the department, which issues such orders when conditions pose “an immediate and serious threat to human life or health,” according to an October 20, 2010, DSHS press release. After an eight-month investigation into a Listeriosis outbreak that included five deaths, DSHS allegedly linked Sangar’s chopped celery to six illnesses in people “with serious underlying health problems.” State inspectors also reportedly “found sanitation issues at the plant and believe the Listeria found in the chopped celery may have contaminated other food product there.” The recall primarily affects fresh produce sealed in packages and distributed “to restaurants and…
Consumer groups recently released a report urging the U.S. Senate to pass its version of a food safety bill (S. 510) in light of a recent egg recall linked to foodborne illness. Published by the Center for Science in the Public Interest (CSPI), the U.S. Public Interest Research Group and the Consumer Federation of America, the report examines “85 recalls that have taken place in the year since food safety reform moved to the U.S. Senate.” The U.S. House of Representatives passed its food reform bill (H.R. 2749) on July 30, 2009. “The recalls involved tons of foods, including many name-brand products from more than 150 companies,” according to the report, which purportedly found that a majority of the recalls involved Salmonella and Listeria. “While most of the recalls were not connected to outbreaks, illnesses were associated with nine recalls that together were associated with 1,850 reported illnesses.” “Recalls and…
Without a Senate-confirmed leader for the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS), target dates for ongoing rulemakings have apparently slipped in recent months. In January 2010, President Barack Obama (D) nominated Elisabeth Hagen to serve as USDA’s Under Secretary of Agriculture for Food Safety, but the Senate has failed to act on the nomination. According to USDA’s April 26, 2010, semiannual regulatory agenda, FSIS, which is responsible for the safety of meat, poultry and egg products, has completed only one rulemaking over the past six months, missing all 11 target dates set in its October 2009 agenda. Among the agency’s pending rules is a pathogen-reduction performance standard for all ready-to-eat and partially heat-treated meat and poultry products to control Listeria monocytogenes. It was initially proposed in 2001. See Federal Register, April 26, 2010; OMB Watch, April 28, 2010.
According to a news source, a putative class action has been filed against retailer Loblaw and meat processor Siena Foods Ltd. following a listeriosis outbreak that sickened a number of Canadian consumers and led to a nationwide recall of salami and prosciutto products. While one press outlet has indicated that the bacterium which sickened two individuals has been matched genetically to the Siena meat, another reports that none of the recent five listeriosis-related deaths has been linked to Siena products. The lawsuit apparently alleges that Siena was aware of its products’ “potential toxicity” but failed to inform consumers, deciding instead to advise its distributors. Siena Foods is apparently closing its facility the weekend of March 20-21, 2010, to sanitize the plant. Meanwhile, the Canadian Food Inspection Agency is reportedly trying to hire new meat inspectors to increase its inspections of some 80 meat-processing plants. The United States requires inspections every…
