While a number of jurors were dismissed because a two-month trial would create hardships for them, a 12-member jury and six alternates were selected on July 31, 2014, and opening statements began the next day in the criminal prosecution of former Peanut Corp. of America (PCA) owner Stewart Parnell, his brother Michael Parnell and the company’s quality control manager Mary Wilkerson. United States v. Parnell, 13-cr-12 (M.D. Ga.). Earlier in the week, the court denied Wilkerson’s motion to dismiss or alternatively for a continuance and severance and to compel meaningful discovery. She claimed that the government’s discovery disclosures “were not accompanied by easily searchable databases” and that she was not timely provided a password to access one of two discovery disclosures. The court had apparently considered some of these issues previously and found that “Wilkerson has not demonstrated any changed circumstances that would require the Court to reconsider its referenced…
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The Russian consumer protection agency, Rospotrebnadzor, has reportedly announced that it filed a claim alleging that McDonald’s has misrepresented the nutritional information of several hamburger and ice cream menu items and that two restaurant locations showed traces of E. coli contamination in their salads and Caesar wraps. Although Rospotrebnadzor said it filed a lawsuit on July 3, 2014, a McDonald’s representative told the media in late July 2014 that the company had not received either an official complaint from the court or a notice from the agency. The complaint allegedly accuses McDonald’s of listing nutritional information that indicated its hamburgers and milkshakes had about one-half or one-third of the actual calorie, fat, protein, and carbohydrate counts. According to The New York Times, Russia has targeted food imports during geopolitical tension before, banning cheese and wines from post-Soviet neighbors during times of disagreement with those countries. Following Russia’s annexation of the Crimean…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has denied the May 2011 petition filed by the Center for Science in the Public Interest (CSPI) seeking an interpretive rule declaring certain antibiotic-resistant (ABR) strains of Salmonella to be adulterants when found in raw ground meat and raw ground poultry. Additional information about the petition appears in Issue 396 of this Update. CSPI also asked the agency “to ensure adequate sampling and testing for these pathogens and to remove contaminated ground meat and ground poultry products from the human food supply.” FSIS essentially found insufficient data to distinguish ABR Salmonella strains from other Salmonella strains that are susceptible to antibiotics and thus stated that additional data on the characteristics of ABR Salmonella are needed to determine whether the strains identified in the petition “could qualify as adulterants under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has announced a final rule amending poultry slaughter regulations and establishing a new poultry inspection system (NPIS) for young chicken and turkey slaughter establishments. Part of USDA’s response to a presidential executive order (E.O. 13563) asking agencies to review and improve existing regulations, the final rule aims to “facilitate pathogen reduction in poultry products, improve the effectiveness of poultry slaughter inspection, make better use of the Agency’s resources, and remove unnecessary regulatory obstacles to innovation.” Optional for young chicken and turkey establishments, which can choose to retain their current inspection system, NPIS will not replace the Streamlined Inspection System (SIS), the New Line Speed Inspection System (NELS) or the New Turkey Inspection System (NTIS), as was originally proposed. FSIS has emphasized, however, that NPIS will allow inspectors “to perform more offline inspection activities that are more effective in ensuring…
A federal court in Georgia has delayed until July 28, 2014, the criminal proceedings against Stewart Parnell, former owner of the Peanut Corp. of America, which was implicated in a 2008-2009 nationwide Salmonella outbreak that sickened hundreds and led to at least nine deaths. United States v. Parnell, No. 13-cr-12 (M.D. Ga., order entered July 11, 2014). The defendants, including former vice president of sales Michael Parnell and former quality assurance manager Mary Wilkerson, had argued that they did not have time to review some 100,000 documents produced by the prosecution just days before the original July 14 trial date. The court refused to dismiss the 76-count felony indictment as an alternative remedy. Meanwhile, the court is also considering whether a Centers for Disease Control and Prevention (CDC) official should be allowed to testify during the trial, indicating that it would conduct a Daubert hearing to determine whether the testimony of CDC…
Duke University researchers have reportedly identified a “highly pathogenic mold” in recalled yogurt samples, raising questions about the human health implications of fungal pathogens such as Mucor circinelloides. Soo Chan Lee, et al., “Analysis of a foodborne fungal pathogen outbreak: virulence and genome of a Mucor circinelloides isolate from yogurt,” mBio, July 2014. After isolating the fungal strain from Chobani Greek yogurt voluntarily recalled in September 2013, the study’s authors apparently identified the pathogen as M. circinelloides f. circinelloides, a subspecies “commonly associated with human infection,” and noted that the yogurt isolate was virulent in both mouse and wax moth larva host systems. These isolates also survived transit through the GI tract in the mouse model, suggesting that “M. circinelloides can spoil food products and cause gastrointestinal illness in consumers and may pose a particular risk to immunocompromised patients.” “Typically when people think about food-borne pathogens, they think about viruses or…
A federal court in Georgia has entered a number of orders in criminal proceedings, expected to go to trial July 14, 2014, against the former owner of the Peanut Corp. of America, implicated in a 2008-2009 nationwide Salmonella outbreak that sickened hundreds and led to at least nine deaths; among the orders was one denying the prosecution’s request for a psychiatric examination of Stewart Parnell. United States v. Parnell, No. 13-cr-12 (U.S. Dist. Ct., M.D. Ga., Albany Div., order entered July 10, 2014). Details about the criminal indictment appear in Issue 472 of this Update. While Parnell’s expert, whose testimony as to the defendant’s purported ADHD condition has been excluded, described Parnell as “fidgety, restless, excitable,” the court apparently found that this testimony did not otherwise indicate that Parnell would be unable to focus at trial. “Even if Stewart Parnell has an attention deficit disorder, Dr. Conley testified he is…
Following a hearing on the admissibility of expert testimony proffered as to Stewart Parnell’s ability to form the intent to commit alleged crimes arising from a national Salmonella outbreak linked to the Peanut Corp. of America, the company he formerly owned, a federal court in Georgia has excluded the expert, finding his testimony unhelpful and lacking a link to the criminal allegations. United States v. Parnell, No. 13-12 (U.S. Dist. Ct., M.D. Ga., Albany Div., order entered June 24, 2014). Details about the criminal charges appear in Issue 472 of this Update. Clinical psychologist Joseph Conley would have testified that Parnell has an Attention Deficit Hyperactivity Disorder condition that was so severe he likely never read, nor understood the significance of, many of the emails on which the government’s case relies. According to the court, “Dr. Conley’s testimony is a ‘diminished capacity defense’ designed to show that Parnell did not…
The European Food Safety Authority’s (EFSA’s) Panel on Biological Hazards (BIOHAZ) has issued a scientific opinion on the risk posed by Salmonella and norovirus in fresh and frozen berries. According to BIOHAZ, which reviewed the limited data pertaining to the prevalence of these foodborne pathogens in berries, the risk factors for contamination are likely to include environmental conditions, contact with animal reservoirs and insufficiently treated compost, the use of contaminated water for irrigation or chemical applications, and cross-contamination by harvesters, food handlers or equipment. To mitigate these risks, BIOHAZ urges primary producers to implement Hazard Analysis and Critical Control Points (HACCP) systems as well as Good Agricultural Practices, Good Hygiene Practices and Good Manufacturing Practices (GMP). More specifically, the scientific opinion identifies Norovirus in frozen raspberries and strawberries as “an emerging public health risk,” stressing the need for additional data to develop microbiological criteria for improved control of norovirus in…
Reps. Rosa DeLauro (D-Conn.) and Louise Slaughter (D-N.Y.) have introduced the Pathogens Reduction and Testing Reform Act, which would require the U.S. Department of Agriculture (USDA) to issue food recalls for meat contaminated with antibiotic-resistant pathogens such as Salmonella. Citing better protections for consumers and past deference to voluntary recalls as support for their bill, the lawmakers argue in a prepared statement that “USDA has failed to recall meat contaminated with antibiotic-resistant pathogens because they do not believe they have the legal authority to do so. This bill would ensure there is no confusion.” The measure would require USDA to recall meat, poultry and egg products contaminated by illness-causing pathogens resistant to two or more classes of antibiotics commonly used to treat human illnesses. See The Washington Post, June 25, 2014. Issue 528
