Without a Senate-confirmed leader for the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS), target dates for ongoing rulemakings have apparently slipped in recent months. In January 2010, President Barack Obama (D) nominated Elisabeth Hagen to serve as USDA’s Under Secretary of Agriculture for Food Safety, but the Senate has failed to act on the nomination. According to USDA’s April 26, 2010, semiannual regulatory agenda, FSIS, which is responsible for the safety of meat, poultry and egg products, has completed only one rulemaking over the past six months, missing all 11 target dates set in its October 2009 agenda. Among the agency’s pending rules is a pathogen-reduction performance standard for all ready-to-eat and partially heat-treated meat and poultry products to control Listeria monocytogenes. It was initially proposed in 2001. See Federal Register, April 26, 2010; OMB Watch, April 28, 2010.
Tag Archives pathogen
The Food and Drug Administration (FDA) has issued a request for comments and scientific data “that would assist the agency in its plans to conduct a risk profile for pathogens and filth in spices.” FDA has requested input on specific hazards, including “microbiological pathogens and filth in spices that are identified and published in literature, outbreaks, recalls, and submissions to the Reportable Food Registry.” The agency seeks data related to incidences of contamination; factors that influence the survival, growth and levels of pathogens; spice consumption patterns in the United States; intended use; manufacturing practices; the effectiveness of control measures for pathogens; and supplier requirements for microbial testing and audit programs. Designed to assist FDA in its regulatory decision making, the spice risk profile aims to describe the nature and extent of the public health risk, evaluate mitigation processes, and identify additional control options, further research needs and data gaps. It…
A Nebraska-based manufacturer has voluntarily recalled a canine joint formula due to possible Salmonella contamination linked to hydrolyzed vegetable protein (HVP). According to the April 13, 2010, notice, Response Products has recalled a meat-flavored supplement for dogs because it contained components supplied by Basic Food Flavors, Inc., the company at the center of a nationwide HVP recall. Cetyl M™ for Dogs was “distributed in either a 120-count bottle (shipped between January 8, 2010 and April 2, 2010) or a 360-count bottle (shipped between February 11, 2010 and April 2, 2010).” While no lots have tested positive for Salmonella and no human or animal illnesses associated with use of the supplement, Response Products has warned that “People who handle dry pet food and/or treats can become infected with Salmonella, especially if they have not thoroughly washed their hands after having contact with the chews or any surfaces exposed to these products.”
A California resident has filed a putative class action in federal court against Kellogg Co., alleging that the company misled consumers by claiming its snack products were healthy and nutritious and met “stringent food safety requirements,” when in fact they contained Salmonella-contaminated peanut paste supplied by the Peanut Corporation of America. Benavides v. Kellogg Co., No. 10-02294 (C.D. Cal., filed March 29, 2010). The Peanut Corp. Salmonella outbreak led to a massive recall of food products, including Kellogg’s Austin® and Keebler® branded sandwich crackers and cookies. The complaint alleges that Kellogg hired unqualified private inspectors to audit its suppliers’ manufacturing plants while claiming that its suppliers met Codex Alimentarius Commission standards. The plaintiff seeks to certify a nationwide class of consumers with alleged monetary injury. He alleges (i) unlawful business acts and practices in violation of California’s Sherman Food, Drug and Cosmetics Law and Consumer Legal Remedies Act; (ii) deceptive marketing and…
A meat manufacturer that recalled more than 1 million pounds of meat products linked to a Salmonella outbreak that purportedly sickened more than 250 consumers in 44 states has reportedly sued the companies that supplied the red and black pepper allegedly identified as the source of the contamination. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings, Inc., No. 10-155 (D.R.I., filed March 30, 2010). Seeking compensatory, punitive and exemplary damages, the plaintiff apparently alleges that it recalled more than 1.2 million pounds of meat, including salami, prosciutto and pancetta, refunded more than $1.5 million to customers, incurred transportation and shipping costs, and lost customers and future profits. The company reportedly purchased more than 50,000 pounds of pepper from one defendant and more than 40,000 pounds of pepper from the other in 2009. According to a news source, public health officials traced the Salmonella strain to the black and crushed red pepper…
The U.S. Government Accountability Office (GAO) recently issued a report criticizing the Food and Drug Administration (FDA) for its handling of irradiated food products. In response to congressional inquiries, GAO examined current and proposed FDA labeling requirements for irradiated foods, as well as “the extent to which FDA has effectively managed the petition review process for irradiated food.” Despite efforts to bolster public acceptance of irradiated products, FDA “has not effectively managed its petition review process, which is the vehicle to potentially allow more food products to be irradiated,” according to GAO. The report describes ionizing radiation as a safe and effective process capable of eliminating “99.999 percent of E. coli 0157, Listeria and Campylobacter,” but notes that the current labeling scheme may suggest “these foods are less safe.” It also censures FDA’s failure to meet “key statutory and regulatory timeframes” for six currently active and pending food irradiation petitions.…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued temporary labeling guidance for products that contain hydrolyzed vegetable protein (HVP) recently recalled for Salmonella contamination. As companies reformulate their products due to the recall, existing labels are likely to be out of compliance and may require temporary approval for continued use. To obtain temporary approval, companies are asked to follow the instructions highlighted on the FSIS website and submit a request to the FSIS Labeling and Program Delivery Division, which will expedite the requests marked clearly with a justification such as “HVP temporary label submission.” FSIS will grant temporary approval for any product if the HVP is removed and any replacement ingredients do not represent an allergen concern. “In situations where negative claims or nutrient content claims appear on labeling, it is critical to stipulate that all claims will continue to be met, or provide information…
The Food and Drug Administration (FDA) has reportedly met with spice industry representatives to consider ways to make spices safer amid a nationwide Salmonella outbreak linked to black and red pepper. According to a news source, FDA wants companies to prevent contamination by using one of three methods to rid spices of bacteria: irradiation, steam heating or fumigation with the pesticide ethylene oxide. The American Spice Trade Association is expected to address the issue at its annual meeting to be held April 25-28, 2010, in Naples, Florida. Although FDA does not possess authority to order manufacturers to treat their products, the agency recently reaffirmed its intention to take a closer look at spice handling “from farm to table” and to create a spice risk profile focusing on “microbiological contaminants and filth issues related to spices.” As FDA stated in a March 17, 2010, press release, this risk profile will help determine…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) held a March 10, 2010, public meeting to discuss agency procedures “for identifying suppliers of source material used to produce raw beef product that FSIS has found positive for Escherichia coli (E. coli) O157:H7.” FSIS announced the meeting as part of its ongoing efforts to evaluate “the effectiveness of its policies and procedures in responding to findings that raw beef is positive for E. coli O157:H7.” In particular, FSIS intends to issue “new instructions to Enforcement, Investigations, and Analysis Officers (EIAOs) to conduct additional verification activities at suppliers in response to positive E. coli O157:H7 results.” The agency will accept public input on these issues until May 7, 2010. See FSIS Press Release, March 3, 2010; Federal Register, March 8, 2010.
Food and Drug Administration (FDA) inspectors issued a report March 4, 2010, stating that Basic Food Flavors, Inc., the Las Vegas-based company at the center of a massive and growing food recall, “continued to distribute HVP [hydrolyzed vegetable protein] paste and powder products” for nearly a month after receiving the first lab results “indicating the presence of Salmonella in your facility.” While no illness has apparently yet been attributed to the HVP, it is used in dozens of products. As of March 11, FDA had identified some 150 products containing HVP, including bouillon, dressing and dressing mixes, frozen foods, ready-to-eat meals, sauces and marinades, snacks and snack mixes, soups, soup mixes and dip mix products, and stuffings. According to some quality management specialists, this outbreak could be particularly challenging because HVP is considered a generic commodity; it can be purchased from many different suppliers, stored without an effective tracking system for…
