In an August 3, 2013, Washington Post article, writer Kimberly Kindy suggested that some of the chemicals—notably cetylpyridinium chloride (CPC), a purportedly common finishing rinse—used in U.S. poultry processing plants may be masking the presence of Salmonella and other pathogens that remain on the birds that are sold to consumers. Titled “USDA Reviews Whether Bacteria-Killing Chemicals are Masking Salmonella,” Kindy reports that academic researchers agree that “the chemicals could be overwhelming an antiquated testing process,” and she states that several of the scientists have been enlisted by U.S. Department of Agriculture food safety experts to investigate the matter. At issue, Kindy contends, is whether CPC, or other antimicrobials, might remain on the samples collected for pathogen testing at a high enough concentration to kill the bacteria on the way to the lab. If so, Food Safety and Inspection Service experts could perceive a false negative test result when the chicken may…
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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…
The Food and Drug Administration (FDA) has issued a request for comments, scientific data and information to use in risk assessment of human salmonellosis associated with the consumption of tree nuts, including almonds, cashews, pistachios, pine nuts, Brazil nuts, macadamia nuts, and walnuts. The risk assessment seeks to quantify the public health risk associated with eating tree nuts potentially contaminated with Salmonella and evaluate the impact of interventions to prevent contamination with the bacterium or to reduce contamination levels. FDA said an assessment is necessary in light of “outbreaks of human salmonellosis linked to tree nuts during the past decade, by product recalls, and by Salmonella isolation from tree nuts during surveys.” Comments will be accepted until October 16, 2013. See Federal Register, July 18, 2013.
The Food and Drug Administration (FDA) has published new guidance on Salmonella-contaminated food for animals. Titled “Compliance Policy Guide Sec. 690.800 Salmonella in Food for Animals” (CPG), the guidance finalizes the draft CPG that was announced in August 2010 and includes the following changes: (i) the title has changed from “Salmonella in Animal Feed” to “Salmonella in Food for Animals” to clarify that it covers all animal food, including pet food and animal feed, and (ii) the term “direct human contact animal feed” has been replaced with the term “pet food” and includes treats and chews. FDA has also announced (i) the removal of 21 CFR 500.35 “Animal feeds contaminated with Salmonella microorganisms,” and (ii) the withdrawal of “Compliance Policy Guide Sec. 690.700 Salmonella Contamination of Dry Dog Food.” See Federal Register, July 16, 2013.
A recent study examining the prevalence of methicillin and multidrug resistant Staphyloccocus aureus (MRSA and MDRSA) among farm workers has reported that livestock-associated strains of both bacteria were present only in individuals employed at “industrial livestock operations” (ILOs) and not those employed at “antibiotic-free livestock operations” (AFLOs). Jessica Rinsky, et al., “Livestock-Associated Methicillin and Multidrug Resistant Staphylococcus aureus Is Present among Industrial, Not Antibiotic-Free Livestock Operation Workers in North Carolina,” PLoS One, July 2013. Researchers with the University of North Carolina, George Washington University and Johns Hopkins University’s Bloomberg School of Public Health reportedly examined nasal swab samples from 99 ILO and 105 AFLO workers, finding that of the 41 ILO and 42 AFLO workers carrying S. aureus bacteria, 7 percent of each group tested positive for MRSA. In addition, the study’s authors identified MDRSA in 37 percent of ILO S. aureus carriers and 19 percent of AFLO S. aureus carriers, noting…
According to Marler Clark’s Website, the firm has filed 17 lawsuits against Townsend Farms, the Oregon-based company whose frozen berry and pomegranate seed blend products have purportedly been associated with a hepatitis A outbreak that has, to date, sickened more than 100 people in seven states. The firm has filed eight individual suits in the state courts of Arizona, California, Colorado, and Washington, and nine class action suits in those states and in Hawaii, Idaho, Nevada, New Mexico, and Oregon. William Marler and his firm focus on representing “victims of foodborne illness.” See Food Poison Journal, June 21, 2013.
The European Food Safety Authority (EFSA) has launched two public consultations on draft guidance for feed additives. Issued by EFSA’s Panel on Additives and Products or Substances Used in Animal Feed (FEEDAP), the first draft document offers guidance “for the preparation of dossiers for the renewal of the authorization for feed additives.” Under Article 14 of Regulation (EC) No. 1831/2003, FEEDAP currently requires applicants to renew feed additive permits every 10 years by providing enough technical information to “enable an assessment to be made of additives based on the current state of knowledge.” The panel has also requested feedback on draft guidance stemming from its updated assessment “of the toxigenic potential of Bacillus species used in animal nutrition.” According to EFSA, “Bacillus species are used in animal production directly as microbial feed additives or as the source of other feed additives, notably enzymes,” although certain strains—such as those in the…
The European Food Safety Authority (EFSA) recently published its recommendations for improving meat inspection procedures in the European Union (EU) after a previous assessment found that “traditional practices... are not always suitable for detecting the main meat borne hazards such as Campylobacter and Salmonella or contamination by chemical substances.” Billed as “a major piece of work that will provide the scientific basis for the modernization of meat inspection across the EU,” the four new opinions address the potential public health risks of meat derived from solipeds, farmed game, sheep, goats, and cows, in addition to setting “harmonized epidemiological indicators” for identifying biological hazards. Looking at data on the incidence and severity of foodborne diseases in humans as well as the outcomes of various residue testing programs, EFSA’s experts ranked the biological and chemical hazards of particular concern for each species, singling out verocytotoxin-producing E. coli, dioxins and dioxin-like polychlorinated biphenyls as…
An outbreak of hepatitis A linked to frozen berry and pomegranate mixes sold in eight states has reportedly sickened 87 consumers to date and spawned at least three putative class actions seeking compensation for hepatitis A testing and vaccination. According to media reports, residents in Arizona, California and Nevada filed lawsuits after the Colorado Department of Public Health and Environment advised all consumers exposed to the allegedly contaminated berries to request hepatitis A vaccination or immune globulin injections to reduce their risk of contracting the disease. In addition to the costs of vaccination, the complaints against Townsend Farms Corp. are seeking compensation for time missed from work as well as other expenses related to the outbreak. See Law360, June 3, 2013; NBC News, June 11, 2013; KTAR, June 12, 2013; KRNV & MyNews4.com, June 13, 2013.
A California resident has filed a strict liability lawsuit against a food retailer and the Oregon-based company that produced a frozen organic fruit mix allegedly implicated in a widespread Hepatitis A outbreak. Brackenridge v. Townsend Farms Corp., No. BC510633 (Cal. Super. Ct., Los Angeles Cty., filed June 3, 2013). According to the complaint, Lynda Brackenridge contracted the disease after purchasing the frozen fruit blend and remains hospitalized in isolation and in guarded condition. Seeking past and future economic and non-economic damages in excess of $25,000, court costs and interest, the plaintiff also alleges negligence and breach of implied warranties.
