Cornell University researchers have reportedly identified five new species of Listeria that they suggest could provide new insights leading to better methods of detecting soil bacteria in food. Funded by the U.S. Department of Agriculture, the research was part of a larger study led by scientists at Colorado State University and Cornell to examine the distribution of foodborne pathogens, such as Listeria, E. coli and Salmonella, in agricultural and natural environments. Samples were taken from fields, soil, ponds, and streams in New York, Colorado and Florida. Noting that of the 10 previously known species of Listeria, only two are pathogenic to humans, the researchers claim that Listeria monocytogenes is the main cause of Listeriosis, reportedly the cause of hundreds of deaths and illnesses each year in the United States through infected deli meats, seafood and produce. According to lead study author Henk den Bakker, the study findings have implications for understanding the evolution of what makes…
Tag Archives pathogen
A federal court in Georgia presiding over a criminal action against the owner and employees of the now-defunct Peanut Corp. of America, purportedly involved in a 2009 nationwide Salmonella outbreak, conducted a hearing on March 13, 2014, to determine whether the expert testimony proffered as to owner Stewart Parnell’s ability to form the intent to commit the alleged crimes is admissible under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). According to defense expert Joseph Conley, a clinical psychologist, Parnell has an Attention Deficit Hyperactivity Disorder (ADHD) condition. Defense counsel claims that Conley’s testimony will show that Parnell did not commit the alleged crimes because he did not factually acquire the knowledge necessary to form an intent about the actions the government has alleged. Conley would testify that Parnell’s ADHD is so severe that he likely never read, nor understood the significance of, many of the emails on…
The U.S. Food and Drug Administration (FDA) has issued a final rule denying requests for a stay of the effective date and for a hearing on the final rule concerning the use of irradiation in food production, processing and handling. Originally appearing in the August 22, 2008, Federal Register, the rule amended food additive regulations to permit the use of ionizing radiation to control foodborne pathogens and extend the shelf life of fresh iceberg lettuce and spinach. After reviewing objections to the final rule and requests for a hearing, FDA has concluded that “the objections do not raise issues of material fact that justify a hearing or otherwise provide a basis for revoking or modifying the amendment to the regulation,” and confirmed August 22, 2008, as the effective date for the final rule. Issue 515
Weill Cornell Medical College scientists have reportedly presented an abstract at the 2014 American Society for Microbiology (AMS) Biodefense and Emerging Diseases Research Meeting, positing that “multiple sclerosis [MS] may be triggered by a toxin produced by common foodborne bacteria.” According to a January 28, 2014, AMS press release, “MS is an inflammatory disease of the central nervous system characterized by blood brain (BBB) permeability and demyelination, a process in which the insulating myelin sheaths of neurons are damaged,” although the environmental factors that activate the disease in genetically susceptible individuals is not yet known. Now researchers have purportedly found evidence that the epsilon toxin produced by certain strains of Clostridium perfringens not only causes BBB permeability but kills “the brain’s myelin producing cells, oligodendrocytes; the same cells that die in MS lesions.” “We also show that epsilon toxin targets other cells types associated with MS inflammation such as the…
A federal magistrate in Denver, Colorado, has sentenced Eric and Ryan Jensen, who owned the cantaloupe farm linked to a deadly Listeria outbreak in 2011, to five years of probation, with the first six months in home detention, 100 hours of community service each, and the payment of restitution—$150,000 each—with the money awarded to their victims. According to U.S. Attorney John Walsh, “No sentence of incarceration, restitution or financial penalty can undo the tragic damage done as a result of the contamination at Jensen Farms. Today’s sentence serves as a powerful reminder of farmers’ legal and moral responsibility for ensuring their product is safe.” Details about the charges to which the brothers pleaded guilty appear in Issue 498 of this Update. See U.S. Department of Justice News Release, January 28, 2014. Issue 511
Eric and Ryan Jensen, who owned the cantaloupe farm linked to a deadly 2011 Listeria outbreak, have reportedly urged a court, following their pleas to charges related to the incident, not to sentence them to prison. Additional details about the plea and charges appear in Issue 500 of this Update. They apparently claim that they do not need correctional treatment and have done everything possible to make the victims whole, including declaring bankruptcy to make a pool of money available to compensate them. The brothers pleaded guilty to six misdemeanor charges that each carry potential sanctions of one year in prison, a $250,000 fine, or both, as well as one year of supervised release. A sentencing hearing will be held in late January 2014. According to Eric Jensen’s brief, “this case has already prompted a new awareness of food safety law and the strict liability imposed on producers and food…
A federal court in Oklahoma has dismissed, without leave to amend, claims filed against the company that audited Jensen Farms before a 2011 Listeria outbreak sickened dozens of consumers, including the plaintiff, who allegedly contracted listeriosis from the strain linked to the farm’s cantaloupe and was hospitalized for a month. Underwood v. Jensen Farms, No. 11-348 (E.D. Okla., decided December 31, 2013). Auditor Primus Group, Inc. allegedly gave the farm a “superior” rating and 96-percent score after a July 25, 2011, audit, and the plaintiff became ill on September 2. The court determined that the plaintiff could not show that the auditor owed him a duty under Oklahoma law because “the connection between the July 25, 2011, audit and the onset of Plaintiff’s illness [was] too remote in both time and circumstance. Significantly, Plaintiff has failed to plead facts sufficient to establish that the contaminated cantaloupe would not have been…
The Food Safety and Inspection Service (FSIS) is requesting comments on its draft guidance for controlling Salmonella in hog slaughter facilities. Intended to “provide information on best practices to prevent, eliminate or reduce levels of Salmonella on hogs at all stages of slaughter and dressing,” FSIS issued the guidance in response to recent Salmonella outbreaks implicating pork. Stating that facilities improving contamination control at appropriate processing locations will “likely produce raw pork products that have fewer pathogens, including Salmonella,” the Salmonella Action Plan describes steps involved in the hog slaughter process and production of raw products, with each step targeting best practice recommendations for Salmonella contamination control. It also includes information on farm rearing and transport intended for establishments to share with their suppliers and producers. Comments will be accepted until March 7, 2014. See Federal Register, January 6, 2014. Meanwhile, a report from the Pew Charitable Trusts argues that FSIS…
The World Health Organization (WHO) has reported the first documented case of avian influenza A (H10N8) in a human patient from Jiangxi Province, China. Reiterating that no evidence yet indicates human-to-human transmission, WHO noted that the 73-year-old patient visited “a live bird market four days before date of onset” and eventually died from the disease. “Although China has previously detected H10N8 in wild and domestic birds, this is the first ever report of H10N8 isolated from a patient,” states the organization’s December 2013 fact sheet. “Given the potentially unpredictable behavior of influenza viruses, vigilance and close monitoring is needed… The Chinese government is actively investigating this event and has heightened disease surveillance for early detection, prevention and control measures.” See NBC News, December 18, 2013. Issue 508
The U.S. Food and Drug Administration (FDA) has extended until March 3, 2014, the period for submission of comments, scientific data and other information related to its draft document titled, “Draft Risk Profile on Pathogens and Filth in Spices.” Originally published in the November 4, 2013, Federal Register, the draft risk profile identifies the most commonly occurring microbial hazards and filth in spices and quantifies, where possible, the prevalence and levels of these adulterants at different points along the spice supply chain. It identifies potential sources of contamination throughout the farm-to-table spice supply chain and evaluates the efficacy of current mitigation and control options designed to reduce the public health risk posed by consumption of contaminated spices in the United States. It also describes potential future mitigation and control options and identifies critical data gaps and research needs. FDA invites comments that can help improve the (i) data and information used;…
