The D.C. Circuit Court of Appeals has dismissed a challenge to U.S. Department of Agriculture (USDA) rules requiring California almonds sold domestically to be treated with heat or chemicals to prevent the spread of Salmonella. Koretoff v. Vilsack, No. 12-5075 (D.C. Cir., decided February 22, 2013). According to the court, the almond producers who mounted the challenge had waived their claims “by failing to raise them during the rulemaking process.” They had contended that the USDA secretary exceeded his authority in requiring the treatment of all almonds “irrespective of whether they are contaminated” and that the secretary failed to determine that the treatment rule was “the only practical means of advancing the interests of the producers.” Finding no error in the lower court’s disposition, the court affirmed its grant of summary judgment for the secretary.
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In a 76-count indictment, four individuals formerly associated with the Peanut Corp. of America (PCA), which was the source of a nationwide Salmonella outbreak in 2009, have been charged with conspiracy, mail and wire fraud, obstruction of justice and other counts involving the distribution of adulterated or misbranded food. United States v. Parnell, No. 13-12 (M.D. Ga., filed February 15, 2013). A fifth individual employed by PCA has entered a guilty plea to charges filed against him. United States v. Kilgore, No. 13-7 (M.D. Ga., filed February 11, 2013). The outbreak was traced to the Blakely, Georgia, plant owned by defendant Stewart Parnell. The other defendants are Michael Parnell, who was employed as a food broker on behalf of PCA, Samuel Lightsey, the Blakely plant’s operations manager from July 2008 through February 2009, and Mary Wilkerson, who worked in a number of positions from April 2002 through February 2009, including as…
The U.K. Food Standards Agency (FSA) has published its “Forward Evidence Plan for 2013,” outlining its “priority science and evidence activities for the coming year.” Although subject to budgetary confirmation, the plan seeks to alert stakeholders to new and ongoing activities as well as identify additional research areas and sources of funding in support of FSA’s Strategic Plan 2010- 2015, which the agency last updated in January 2013. In particular, FSA has prioritized activities related to (i) “microbiological food safety, including campylobacter, E. coli, listeria and norovirus”; (ii)”food and feed hygiene policy”; (iii) “chemical safety of food, including metals and organic contaminants”; (iv) “the next round of the FSA strategic challenge cal”; and (v) “diet and health related work funded by the FSA in Scotland and Northern Ireland.” The agency has requested feedback on the plan by February 15, 2013. See FSA Press Release, January 31, 2013.
The Centers for Disease Control and Prevention (CDC) has issued a report titled “Attribution of Foodborne Illness, Hospitalizations, and Deaths to Food Commodities by using Outbreak Data, United States, 1998-2008,” based on data involving 17 food categories and the roughly 48 million people who “get sick from food eaten in the United States” each year. While produce is evidently responsible for more food-borne illness (46 percent) than other food categories, meat and poultry apparently cause more death (29 percent) and dairy “accounted for the most hospitalizations” (16 percent). CDC’s estimates are based on the 4,589 foodborne disease outbreaks reported over an 11-year span. The report cautions that the findings should not cause people to “avoid certain categories of food,” because many food-borne bacteria can be killed by cooking to proper temperatures and a varied diet is important to a healthy lifestyle. Center for Science in the Public Interest (CSPI) Food…
A federal court in Minnesota has granted the motion for summary judgment filed by a company whose insurance carrier claimed it was not required to cover the company’s settlement of claims arising from a recall of instant oatmeal purportedly contaminated with instant milk produced at a facility where the Food and Drug Administration “detected insanitary conditions and salmonella.” The Netherlands Ins. Co. v. Main St. Ingredients, LLC, No. 11-533 (D. Minn., decided January 8, 2013). The company had supplied the instant milk to Malt-o-Meal which used it to make instant oatmeal. After the instant milk and downstream products such as the oatmeal were recalled, Malt-o-Meal sued both the supplier and the company that had produced the instant milk. While none of the supplier’s instant milk was found to contain Salmonella, the case ultimately settled for $1.4 million. The insurance company sued the supplier, Main Street Ingredients, for a declaration that…
A federal court in New Mexico has approved a consent decree of permanent injunction between the Food and Drug Administration (FDA) and Sunland, Inc., which owns a facility where peanut butter products purportedly tainted with Salmonella were produced. United States v. Sunland, Inc., No. 12-1312 (D.N.M., filed December 21, 2012). The outbreak affected “at least 35 people from 19 states,” eight of whom “were hospitalized as a result of their infection.” While the company neither admits nor denies FDA’s allegations, it agreed to take a number of actions to correct food-handling practices “that likely resulted in cross-contamination between raw peanuts and peanuts that had been roasted or brined.” The company must “develop and implement sanitation control programs; provide FDA the opportunity to inspect the facilities to assure Sunland’s compliance with the consent decree, the Food, Drug, and Cosmetic Act, and applicable regulations; and receive written authorization from FDA to resume…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has announced that, as of February 8, 2013, it will require producers of non-intact raw beef and all ready-to-eat products containing meat and poultry to hold shipments until they pass agency testing for foodborne pathogens. FSIS announced its plan to implement this policy in April 2011. In the past, FSIS’s practice has apparently been “to allow products tested for adulterants to bear the mark of inspection, and to enter commerce, even when test results have not been received.” FSIS had asked, but not required, official establishments to maintain control of products tested for adulterants pending test results. According to FSIS, “because establishments, including official import inspection establishments, were not consistently maintaining control of product, despite FSIS’s request that they do so, adulterated product was entering commerce.” FSIS has reportedly stated that if the new requirement had been in place…
The Food and Drug Administration (FDA) has issued final rules amending food additive regulations pertaining to the use of ionizing radiation in the production, processing and handling of meat and poultry products. Promulgated at the request of the U.S. Department of Agriculture, the rules took effect on November 30, 2012. FDA requests written objections or requests for a hearing by December 31. The meat-product irradiation amendment would “provide for the safe use of a 4.5 kilogray (kGy) maximum absorbed dose of ionizing radiation to treat unrefrigerated (as well as refrigerated) uncooked meat, meat byproducts, and certain meat food products to reduce levels of foodborne pathogens and extend shelf life.” The poultry-irradiation amendment would “increase the maximum dose of ionizing radiation permitted in the treatment of poultry products, to include specific language intended to clarify the poultry products covered by the regulations, and to remove the limitation that any packaging used…
Consumer Reports magazine has allegedly identified bacterial contamination as well as antibiotic-resistant bacteria and veterinary drug residues in pork chop and ground-pork samples purchased from U.S. grocery stores. According to an analysis in the January 2013 edition of the magazine, 69 percent of the 198 pork samples in question purportedly contained Yersinia enterocolitica; 11 percent contained Enterococcus; and 3 to 7 percent contained Salmonella, Staphylococcus aureus, or Listeria monocytogenes. In addition, the magazine reported that 13 of 14 Staphylococcus samples isolated from pork were resistant to antimicrobials, as were six of eight Salmonella samples, 12 of 19 Enterococcus samples, and 121 of 132 Yersinia samples. Consumer Reports has also claimed that approximately one-fifth of 240 pork products analyzed in a separate test “harbored low levels of the drug ractopamine,” a growth promoter used in U.S. pork production but banned in the European Union, China and Taiwan. Consumers Union, the policy…
The First Circuit Court of Appeals has upheld a jury verdict tracing the source of E. coli-contaminated beef to Greater Omaha Packing Co. thus sustaining a third-party indemnification claim against it. Long v. Fairbank Reconstruction Corp. v. Greater Omaha Packing Co., No. 12-1412 (1st Cir., decided November 21, 2012). Two Maine residents sickened in the outbreak settled for $500,000 with Fairbank Reconstruction, which had purchased the meat from Greater Omaha and further processed it for sale in retail-sized packages by grocery stores. Fairbank sought indemnification from Greater Omaha, and the trial focused for the most part “on the ‘traceback’ analyses that led Fairbank’s experts to conclude that the contaminated meat could only have come from the [Greater Omaha] combos and not from another supplier’s product.” The court found that “ample evidence” supported the jury’s conclusion that Greater Omaha was the source of the E. coli contamination that sickened the two…
