With one judge dissenting, the D.C. Circuit Court of Appeals has determined that federal law does not bar domestic almond producers from challenging a rule that requires them to pasteurize or chemically treat their product to prevent Salmonella outbreaks. Koretoff v. Vilsack, No. 09-5286 (D.C. Cir., decided August 3, 2010). While the court allowed those who grow almonds to continue pursuing their challenge to the 2007 rule, it dismissed the claims of companies that package and sell the almonds to consumers, finding that, as “handlers,” they must first exhaust their administrative remedies before turning to the courts to resolve their dispute. The U.S. Department of Agriculture secretary promulgated the challenged rule under the authority of the Agricultural Marketing Agreement Act of 1937 (AMAA). California almond producers and retailers claim that the rule is arbitrary and capricious because it devastated the domestic raw almond market while leaving foreign producers, who are…
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The Food and Drug Administration (FDA) has announced the availability of a draft compliance policy guide for FDA staff that provides direction on Salmonella in animal feed or feed ingredients that come into direct contact with people, such as pet food and treats, or that are “contaminated with a Salmonella serotype that is pathogenic to the target animal for which the animal feed is intended.” The guide “proposes criteria that should be considered in recommending enforcement action against animal feed or feed ingredients that are adulterated due to the presence of Salmonella.” FDA will accept comments until November 1, 2010. See Federal Register, August 2, 2010.
Representative Rosa DeLauro (D-Conn.) has introduced a bill (H.R. 6024) that would require stricter testing procedures designed to eradicate “the dangerous Shiga toxin-producing E. coli bacteria” from meat and meat-processing facilities. The E. coli Traceability and Eradication Act would also establish a tracking procedure to enable the Department of Agriculture (USDA) to implement faster recalls. According to a DeLauro press statement, the proposal would require meat, slaughterhouse and grinding facilities to have ground beef and “beef trim” tested multiple times throughout the manufacturing process by an independent USDA-certified testing facility. In the event E. coli were detected, the bill would require the slaughter facility to immediately report contamination to USDA. The agency would then test the facility’s products for 15 consecutive days following the positive test and establish a “traceback procedure” to the original source of contamination for quicker product recalls and illness prevention. “By the end of this year, an estimated…
Senator Patrick Leahy (D-Vt.) has introduced legislation that would give federal prosecutors the authority to seek prison sentences up to 10 years for those who “knowingly place contaminated food products into the nation’s food supply.” Explaining his reason for introducing the Food Safety Enhancement Act (S.3669), the senator referred to the Salmonella contamination of peanut products in 2008 involving the Peanut Corp. of America; the outbreak purportedly “left nine people dead and sickened hundreds more.” According to a press statement, Leahy said, “The bill I introduce today would increase sentences for people who put profits above safety by knowingly contaminating the food supply. It makes such offenses felony violations and significantly increases the chances that those who commit them will face jail time, rather than a slap on the wrist, for their criminal conduct.” See Office of Senator Leahy Press Release, July 29, 2010.
A Wisconsin organic farm was reportedly scheduled to argue in court this week that state restrictions on the sale of raw milk do not apply where the sales are made to consumers who are part owners of the farm. While the legislature recently attempted to change a law that regulators contend allows incidental raw milk sales only, the state calls the farm’s sales in excess of $80,000 yearly to consumers, who each own a $10 share in the farm, well beyond what the law allows. Wisconsin’s governor vetoed the popular bill, which would have allowed on farm raw milk sales, apparently concerned that E. coli outbreaks purportedly linked to consumption of the unpasteurized product could affect the state’s entire dairy industry. Raw milk proponents dispute that any such link exists. Meanwhile, public health officials investigating a recent E. coli outbreak that has allegedly sickened eight Minnesota residents including school-aged children…
A federal magistrate in New York has recommended that the district court deny the class certification motion filed by plaintiffs who allege either personal or economic injury from the purchase of frozen ground beef products purportedly tainted with E. coli. Patton v. Topps Meat Co., No. 07-654 (W.D.N.Y., recommendation entered May 27, 2010). The defendants include the meat processor and a number of retailers, and the claims are based on a 2007 recall involving more than 20 million pounds of ground beef. Forty cases of E. coli infection in eight states were allegedly traced to the product. The plaintiffs sought to certify two nationwide classes of those who consumed the product and have personal injury claims and those who purchased the products subject to the recall and allege economic losses. Because specific causation, that is, “whether the contaminated meat caused the personal injuries of the individual class members,” would require an…
Senator Kirsten Gillibrand (D-N.Y.) has introduced a bill that would regulate six confirmed strains of E. coli that have largely been ignored given the notoriety of recalls involving meat and produce contaminated with E. coli O157:H7. Referred to by the Centers for Disease Control and Prevention as non-0157 STECs, the six strains are apparently estimated to cause 36,700 illnesses, 1,100 hospitalizations and 30 deaths in the United States annually. In a May 27, 2010, statement, Gillibrand indicated that these strains are increasingly found in imported beef, which is not checked for the unregulated non-0157 STECs. One of the six strains was implicated in the recent outbreak linked to tainted romaine lettuce; that outbreak reportedly sent three teenagers to the hospital with kidney failure. According to a news source, the U.S. Department of Agriculture regulated the lesser-known E. coli strains for three years, but industry has resisted regulation contending that the…
The Pew Charitable Trusts’ Produce Safety Project (PSP) at Georgetown University has issued a report that calls for a “unified, cross agency” approach to tracking foodborne pathogens in humans, animals, food, and feed. Titled Building the Foundations of a Modern Food Safety System, the report charges the Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), and U.S. Department of Agriculture (USDA) with summarizing “surveillance data on human foodborne illnesses—including outbreaks and sporadic cases—and on pathogen contamination in domestic and imported animals, food and feed.” PSP apparently based its recommendations on “extensive research and interviews” with food safety authorities in Denmark, The Netherlands, and the United Kingdom, according to a May 10, 2010, press release. The group has urged U.S. regulators to learn from steps taken by these countries to reform their food safety data collection and analysis since the 1990s. In addition, the report provides specific…
A woman featured in a 2009 New York Times article that was part of a Pulitzer Prize-winning series on food safety has reportedly settled her claims against Cargill, Inc., which allegedly produced the E. coli-contaminated hamburger that left her paralyzed with neurological problems and kidney damage. Represented by plaintiffs’ attorney William Marler, Stephanie Smith is a former dance instructor now confined to a wheelchair. Marler claimed that her medical bills have already totaled more than $2 million and that she will require additional rehabilitation and multiple transplants. The terms of the settlement, which must be approved by a court, are apparently confidential. Marler was quoted as saying, “Stephanie’s tragedy has taken on a life of its own, and hopefully it will continue to focus people on why food safety is important.” Cargill reportedly said in a joint statement that it “deeply regrets” her injuries and has invested in excess of…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a new set of performance standards to reduce the incidence of Salmonella and Campylobacter bacteria in young chickens and turkeys. The new standards hold poultry slaughterhouses more accountable by decreasing the number of samples allowed to test positive for the pathogens. After two years under the new standards, USDA predicts that 39,000 illnesses due to Campylobacter will be avoided each year as will 26,000 fewer illnesses attributable to Salmonella. Although Center for Science in the Public Interest (CSPI) Food Safety Director Caroline Smith DeWaal generally welcomed the standards, she lamented the fact that “USDA still lacks authority to enforce these standards by closing failing plants. For consumers to fully realize the benefits of the improved standards, Congress should reinstate USDA’s authority to enforce its performance standards.” In a related move, FSIS has issued the third edition of a…
