U.S. researchers have reportedly discovered methicillin-resistant Staphylococcus aureus (MRSA) in retail pork samples “at a higher rate than previously identified,” raising questions about the organism’s “overall ecology and transmission” in the food supply. Ashley O’Brien, et al., “MRSA in Conventional and Alternative Retail Pork Products,” PLoS One, January 2012. Conducted by the Institute for Agriculture and Trade Policy (IATP) and the University of Iowa College of Public Health, the study examined 395 fresh pork cuts collected from 36 stores in Iowa, Minnesota and New Jersey, in addition to comparing products “from conventionally-raised swine and swine raised without antibiotics.” According to the analysis, researchers isolated S. aureus in 256 pork samples (64.8 percent) and MRSA in 26 samples (6.6 percent) but discovered “no significant difference” in prevalence between conventional and alternative pork products. The study notes, however, that 26.9 percent of MRSA isolates were a “livestock-associated” strain known as ST398 (t034, t011) as…
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A federal court in the District of Columbia has determined that the U.S. Department of Agriculture (USDA) had the authority to and properly promulgated a rule “requiring that almonds produced domestically be pasteurized or chemically treated against bacteria.” Koretoff v. Vilsack, No. 08-1558 (D.D.C., decided January 18, 2012). So ruling, the court granted USDA’s motion for summary judgment. Further information about the challenge brought by U.S. almond growers appears in Issue 274 of this Update. The almond rule was adopted in response to Salmonella outbreaks traced to raw almonds in 2001 and 2004. USDA adopted it under the authority of the Agricultural Marketing Agreement Act of 1937 and the California Almond Marketing Order (Almond Order), promulgated in 1950. At issue in the dispute between the U.S. almond growers and USDA was whether safety regulations are encompassed by the law’s use of the term “quality,” over which USDA specifically has regulatory…
The House Energy and Commerce Committee’s report on the 2011 Listeria outbreak that was traced to cantaloupes grown and processed at Jensen Farms in Colorado has identified a number of problems that led to the “deadliest foodborne illness outbreak in over 25 years.” The bipartisan investigation found that a third-party auditing company (i) gave the farm high food-safety marks despite identifying major and minor deficiencies, (ii) did not hold the farm to anything other than baseline industry standards, and (iii) had no procedures in place to require corrective actions. One of the problems that led to the outbreak was the farm’s failure to use an anti-microbial solution in the cantaloupe wash water. Jensen Farms apparently stopped using the solution after consulting with the third-party auditing company in 2010 about ways to enhance its food-safety efforts. In 2011, the farm had adopted an alternative to the hydrocooler it previously used to process…
A Nebraska resident alleging that his consumption of Listeria-contaminated cantaloupe grown by Jensen Farms in Colorado caused his infection and subsequent hospitalization, has filed a personal injury action against the grower, distributor, retailer, and the company hired by the grower to conduct a food safety audit before the outbreak. Braddock v. Jensen Farms, No. 11-402 (D. Neb., filed November 30, 2011). According to the complaint, Primus Group, Inc. was negligent in performing the audit and failing to detect Listeria or conditions leading to Listeria contamination at the grower’s facilities and, in breaching its contract with the grower, harmed the plaintiff, a third-party beneficiary. The plaintiff also alleges strict product liability, breach of warranty, negligence, and negligence per se against the other defendants and seeks general, special and incidental damages.
Attorneys involved in the settlement of injury claims linked to Salmonella-contaminated eggs traced to Wright County Egg in Iowa have reportedly told the Associated Press that the first checks, issued by the egg producer’s insurer, are on their way to the first of dozens of individuals sickened during the 2010 outbreak. Among the first wave of legal settlements are six-figure checks issued on behalf of several children. Although most of the settlement’s terms are confidential, a federal judge in Iowa apparently approved deals in open court on November 10, 2011, totaling $366,000 for three children residing in California, Iowa and Texas. Because they were hospitalized, they are receiving higher amounts than those not as seriously stricken. See MSNBC. com, November 16, 2011.
The California Department of Food and Agriculture (CDFA) has issued a statewide recall and quarantine order for raw or unpasteurized milk products implicated in five cases of E. coli O157:H7. According to CDFA, the recall includes raw milk, raw butter, raw cream, raw colostrum, and a raw product called “Qephor” produced by Fresno-based Organic Pastures dairy, which is barred from selling these items “until further notice.” “While laboratory samples of Organic Pastures raw milk have not detected E. coli O157:H7 contamination, epidemiologic data… links [sic] the illnesses with Organic Pastures raw milk,” states a November 15, 2011, CDFA press release explaining that the five known cases apparently involved children whose only common food exposure was unpasteurized milk. The agency has also started “a complete inspection at Organic Pastures dairy—of all facets of operations, from the cows to the bottling plant,” where the quarantine will only be lifted once the facility…
The Food and Drug Administration’s (FDA’s) Center for Veterinary Medicine (CVM) has issued an October 24, 2011, memorandum calling for nationwide testing of pet food “to determine the prevalence of Salmonella” and remove contaminated samples from commerce. According to CVM, regulators are concerned about the transmission of “pathogenic and antibiotic-resistant bacteria to humans and other animals,” as well as the risk that Salmonella-tainted pet food, pet treats and supplements for pets could infect consumers in their homes, where products “are likely to be directly handled or ingested by humans.” CVM has directed investigators to collect and submit non-canned pet food, treats and supplements for analysis, which aims to identify “the serotype, genetic fingerprint, and antimicrobial susceptibilities of each Salmonella found in samples.” The agency will also use these samples for “research purposes” and “providing surveillance information on microbes other than Salmonella.” “Salmonella-contaminated pet foods, pet treats and supplements for pets…
The House Committee on Energy and Commerce has requested that the owners of Jensen Farms, identified as the source of the cantaloupe contaminated with Listeria monocytogenes responsible for a nationwide foodborne illness outbreak, schedule a briefing with committee staff. The October 21, 2011, letter also asks that Ryan and Eric Jensen “preserve all documents and communications that may be relevant to understanding the reasons for the contamination and distribution of contaminated products from Jensen Farms.” The committee requests that the staff briefing “occur in person no later than November 3, 2011.
Thumb Oilseed Producers’ Cooperative has reportedly recalled nearly 400 tons of soybean flour and soy meal used in human food and animal feed due to possible Salmonella contamination. According to a press release posted on the Food and Drug Administration’s website, “[t]he recalled soybean flour and meal was distributed to a limited group of wholesale customers” in Canada, Illinois, Minnesota, New Hampshire, Pennsylvania, Vermont, and Wisconsin between November 2010 and September 2011. While no illnesses have apparently been linked to the potentially contaminated products, “[t]he recall resulted from routine sampling conducted by the company and US Food and Drug Administration (FDA) which revealed the bacteria in finished product and the manufacturing environment.” See Thumb Oilseed Press Release, October 4, 2011.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would amend and republish “the list of selected agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products.” The Agricultural Bioterrorism Protection Act of 2002 requires APHIS to review the list on a biennial basis and submit revisions as necessary. Among the criteria APHIS considers when determining the status of an agent or toxin are (i) the effects of exposure on animal or plant health and on the “production and marketability” of an animal or plant product, (ii) the pathogenicity of the agent or toxin, (iii) the ability to treat or prevent any illness caused by the agent or toxin, and (iv) any other factors deemed essential for the protection of animal and plant health. The agency requests comments…
