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Centers for Disease Control and Prevention (CDC) researchers have called for rapid tracing of food source contamination to reduce illness and save lives. Casey Barton Behravesh, et al., “2008 Outbreak of Salmonella Saintpaul Infections Associated with Raw Produce,” New England Journal of Medicine, February 2011. Investigating the 2008 Salmonella outbreak first blamed on American tomatoes but later pinpointed to Mexican peppers, researchers concluded that the outbreak—linked to approximately 1,500 illnesses and two deaths—“highlights the importance of preventing raw produce contamination.” The report calls for (i) product-tracing systems improvements, including the “ability of the systems to work together for more rapid tracing of implicated products through the supply chain in order to maximize public health protection and minimize the economic burden to industry”; (ii) “an understanding of the mechanisms and ecologies that can lead to contamination of produce on farms”; and (iii) “the institution of additional control measures from the source throughout…

The Food and Drug Administration (FDA) has issued a warning letter to CEO John Glessner of Ohio Fresh Eggs, after finding that it had shipped nearly 800 cases of eggs from farms that had tested positive for Salmonella. The Ohio company is reportedly linked to the egg producer involved in a massive egg recall in 2010; Glessner apparently has ties to Hillandale Farms of Iowa whose owner Jack DeCoster apparently provided most of the funds to purchase Ohio Fresh Eggs from a previous owner. The company has reportedly characterized the shipment as a mistake and was quoted as saying, “Our farm cooperated fully with FDA to ensure a swift and complete recall of those eggs from our customer, and we are thankful no illnesses were reported.” See Des Moines Register, March 1, 2011.

The Food and Drug Administration (FDA) recently announced that agency analysts turned to next-generation sequencing to test samples collected during a Salmonella outbreak that purportedly sickened nearly 300 people from 44 states and the District of Columbia. The 2009 2010 outbreak was linked to the spice rub used on certain salamis and was ultimately traced to a single food facility. According to FDA, “The findings supported the information gathered in the field phase of the investigation and suggest an important role for this novel tool in augmenting future outbreak investigations.” See FDA Press Release, February 24, 2011.

Senator Patrick Leahy (D-Vt.) has requested that Attorney General Eric Holder provide an update on the Justice Department’s criminal investigation into the 2009 Salmonella outbreak involving contaminated peanuts from Peanut Corp. of America (PCA) facilities. As Leahy reminds Holder in his February 22, 2011, letter, the outbreak was linked to the deaths of nine people and purportedly sickened more than 700 others. He also cites his previous request that the department conduct “a full criminal investigation into this matter.” PCA declared bankruptcy in 2009, and neither its former CEO nor other executives have been charged to date. According to Leahy, “Given the PCA investigation, the pistachio recall, and last summer’s salmonella outbreak from eggs, my concerns remain that wrongdoers are disregarding the health and safety of American consumers by choosing to sell contaminated products. I hope that there has been a thorough criminal investigation into PCA’s conduct at the least,…

According to a news source, the families of those who died or became ill from consuming Salmonella-tainted peanut products scheduled a February 11, 2011, press conference to call for the Department of Justice (DOJ) to bring criminal charges against the man who headed the bankrupt Peanut Corp. of America, to which the contamination was allegedly traced. More than 700 people were said to have experienced ill effects during the 2008-2009 outbreak and at least nine died. Former Peanut Corp. CEO Stewart Parnell invoked the Fifth Amendment when called to testify before Congress, and, despite a two-year investigation by the U.S. attorney’s office, no charges have yet been filed. The press conference coincided with a food safety seminar at the American University Washington College of Law at which some of the family members were scheduled to speak along with plaintiffs’ lawyer William Marler, who has represented a number of those allegedly…

The Center for Science in the Public Interest (CSPI) has released a report claiming that antibiotics used on farms “may be causing more serious pathogens in the nation’s food supply.” Calling for increased scrutiny by the federal government, the January 25, 2011, report asserts that recording outbreaks of foodborne illnesses and subsequently testing the pathogens for antibiotic resistance “is a critical step if policymakers are to document the link between antibiotic use on farm animals and human illness from antibiotic-resistant bacteria.” The consumer watchdog found that between 2000 and 2009, multi-drug resistance was found in 10 out of 14 antibiotic-resistant foodborne outbreaks. Of 35 documented outbreaks between 1973 and 2009, most involved raw milk, raw milk cheeses and ground beef. “Outbreaks from antibiotic-resistant strains of Salmonella, though rare, cannot be ignored by our food safety regulators,” said CSPI Food Safety Director Caroline Smith DeWaal. “The problem has clearly emerged with respect…

A Utah woman who claims that E. coli-tainted spinach caused her irritable bowel syndrome and subsequent chronic incapacitation has reportedly settled her lawsuit against three California-based companies. Chelsey Macey, 26, and her husband were seeking damages in excess of $5 million. A jury awarded the couple that amount in compensatory damages, but before it could consider an award for pain and suffering, the parties apparently settled. The defendants were Dole Food Co., Natural Selection Foods and Mission Organics. See KSBW.com, January 20, 2011.

The Food and Drug Administration (FDA) has issued the first annual report on its Reportable Food Registry (RFR) designed to prevent foodborne illness outbreaks. Summarizing 2,240 online food safety reports from the food industry and public health officials between September 2009 and September 2010, the report “is a measure of our success in receiving early warning problems with food and feed,” states FDA Deputy Commissioner for Foods Michael Taylor in the preface. Report findings apparently show that 37.6 percent of the reported food hazards were caused by Salmonella, 34.9 percent by “undeclared allergens/intolerances” and 14.4 percent by Listeria. The report highlighted “two particularly significant issues in multiple commodity groups that require attention”: (i) Salmonella found in such products as spices and seasonings, produce, animal feed and pet food, nuts and seeds; and (ii) allergens and intolerances in fare including baked goods, fruit and vegetable products, prepared foods, dairy, and candy.…

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has issued an interim rule updating its highly pathogenic avian influenza (HPAI) requirements for importing birds, poultry and hatching eggs. Because APHIS’s previous restrictions applied only to the H5N1 subtype of avian influenza, the new rule extends its purview to include any HPAI subtype, thus barring poultry imports from any country where these subtypes “are considered to exist.” Effective January 24, 2011, the interim rule also prohibits the importation of live poultry and birds that “have been vaccinated for any H5 or H7 subtype,” as well as their hatching eggs, since these imports “may produce false positive test results … during the required 30-day quarantine.” In addition, APHIS has banned live poultry, birds and hatching eggs “that have moved through regions where any HPAI subtype exists.” APHIS has invited comments on the interim rule before March 25, 2011.…

Setton International Foods, which recalled more than 15 million pounds of pistachios in 2009 when Salmonella was detected in a delivery to one of its customers, has reportedly entered a settlement agreement with its insurers in a dispute over coverage for third-party claims. While the terms of the settlement have not been disclosed, a federal court in California has apparently dismissed the claims Setton filed against five insurance companies. According to a news source, Setton claimed that its insurers failed to provide assistance in defending or negotiating the third-party claims, and this purportedly led to the company’s exposure to increased liability. See Product Liability Law 360, January 7, 2011.

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