The Food Safety Working Group (FSWG) created by President Barack Obama (D) has unveiled a “new, public health-based approach to food safety based on three core principles: prioritizing prevention; strengthening surveillance and enforcement; and improving response and recovery,” according to a July 7, 2009, White House press release. Chaired by Health and Human Services (HHS) Secretary Kathleen Sebelius and U.S. Department of Agriculture (USDA) Secretary Tom Vilsack, FSWG has set in motion several new strategies to advance these principles, including plans to (i) tighten standards governing the safety of eggs, poultry and turkey; (ii) increase inspections at beef facilities; (iii) issue new industry guidance for leafy greens, melons and tomatoes; (iv) build a trackback and response system incorporating “clearer industry guidance, a new unified command system and improved use of technology to deliver individual food safety alerts to consumers”; and (v) strengthen the organization of federal food safety functions. FSWG…
Tag Archives pathogen
Food litigation lawyer William Marler has apparently filed the first lawsuit against Nestlé USA for injury allegedly caused by E. coli-contaminated cookie dough. The outbreak, which has reportedly infected more than 70 people in 30 states since March 2009, has been linked through food surveys to the consumption of raw refrigerated cookie dough, which has been recalled. According to news sources, a Nestlé facility in Danville, Virginia, has been closed and is being inspected by federal microbiologists and food safety investigators. Samples from batches of the purportedly implicated dough have been tested, and no contamination has apparently been found to date. E. coli is not typically associated with eggs, which are the only ingredient in the cookie dough that could potentially cause foodborne illness if contaminated with Salmonella and consumed raw. Health officials and food producers are reportedly puzzled over how E. coli, which lives in cattle intestines, could have ended…
A New Jersey Superior Court judge has denied insurers’ request for summary judgment in a case brought by Taco Bell Restaurant franchisees seeking “protection from the consequences of publicity about contaminated food served at restaurants.” In re: Quick Service Mgmt., Inc. v. Underwriters of Lloyds, No. 4861-07 (N.J. Super. Ct., decided June 12, 2009). The court also granted plaintiffs’ motion for partial summary judgment as to coverage. According to the court, the franchisees specifically sought insurance in 1999 to protect against revenue losses from food contamination outbreaks. They purchased “Food Borne Illness” and “Trade Name Restoration, Loss of Business Income and Incident Response Insurance for Food Borne Illness” policies from defendants. The latter policy, which was in force in 2006-2007, apparently contained an “Aggregate Supplier Incident Sublimit” of $0, and plaintiffs claimed that no one explained that the sublimit would exclude coverage previously provided under the former policy, which had been…
The Nebraska Department of Agriculture has reportedly quarantined 42 herds involved in an ongoing bovine tuberculosis outbreak, which the department says may have already spread to Colorado and South Dakota because animals from quarantined herds were sold to cattle producers in those states. Transmitted through contact and respiration, bovine tuberculosis is easily transmitted within herds and in rare cases can be transmitted to humans who work directly with the animals or who consume unpasteurized milk and cheese. The U.S. Department of Agriculture (USDA) is apparently collaborating with state officials to determine the source and extent of the outbreak. Greg Ibach, director of the Nebraska Department of Agriculture, predicts that the quarantine, which includes approximately 15,000 cattle, is likely to continue growing in the weeks ahead because investigators are still tracking down the animals that may have had contact with an infected herd over the last two years. “It’s important to…
The European Food Safety Authority (EFSA), the European Center for Disease Control and Prevention (ECDC) and the European Medicines Agency (EMEA) have published a joint report on methicillin-resistant Staphylococcus aureus (MRSA), concluding that “food-producing animals such as pigs, veal calves and broiler chickens often carry without symptoms a specific strain of MRSA called CC398.” The report apparently warns that farm workers, veterinarians and their families face the greatest risk of contracting CC398, which has been “associated, albeit rarely, with serious skin and soft tissue infections, pneumonia and blood poisoning in humans.” EFSA has noted, however, that even if food becomes tainted with MRSA, “there is currently no evidence that eating or handling contaminated food can lead to an increased risk for humans.” The agencies have also stated that “as animal movement and contact between live animals and humans are likely to be important factors in the transmission of MRSA, the most…
The Food and Drug Administration (FDA) has announced a June 23, 2009, public meeting to present the background, approach, scope, and data needed for a recently initiated interagency risk assessment of Listeria in some ready-to-eat foods that are sliced, prepared or packaged in retail facilities. Several agencies, including the Food Safety and Inspection Service (FSIS) and the Center for Food Safety and Applied Nutrition (CFSAN), are conducting the risk assessment to determine the effects that current practices and potential interventions to prevent Listeria have on public health. See Federal Register, June 9, 2009.
The Food and Drug Administration (FDA) has issued a final rule that requires bottled water manufacturers to face stricter standards to prevent E. coli contamination . All manufacturers are currently required to test source water for germs each week, but starting December 1, 2009, if tests prove positive for E. coli, companies must explain in writing how they eliminated the bacteria and retest samples before use. FDA states that “bottled water containing E. coli will be considered adulterated and source water containing E. coli will not be considered to be of a safe, sanitary quality and will be prohibited from use in the production of bottled water.” E. coli infection indicates fecal contamination that can apparently cause stomach cramps, diarrhea or possible fatal infections. Although bottled water is currently tested for coliforms–a group of mostly harmless bacteria–and fecal contamination, the new rules require the water source itself to be tested.…
UK scientists have shown in new research that the food-poisoning bug Salmonella relies on glucose for its survival, a discovery that could apparently provide a new way to vaccinate against it. Steven D. Bowden, et al, “Glucose and glycolysis are required for the successful infection of macrophages and mice by Salmonella enterica serovar Typhimurium,” Infection and Immunity (April 20, 2009). Institute of Food Research (IFR) scientists claim that their discovery of Salmonella’s weakness for sugar could also lead to vaccine strains to protect against other disease-causing bacteria, including superbugs. “This is the first time that anyone has identified the nutrients that sustain Salmonella while it is infecting a host’s body,” said study co-author Arthur Thompson in a statement from IFR, which called the discovery “a major breakthrough.” The next phase of the research will reportedly test whether mutant strains elicit a protective immune response in mice. See IFR Press Release, May 2009.
The Tenth Circuit Court of Appeals has affirmed a lower court’s decision not to enjoin Tyson Foods, Inc. from using poultry litter as fertilizer. Oklahoma v. Tyson Foods, Inc., No. 08-5154 (10th Cir., decided May 13, 2009). Oklahoma’s attorney general sought a preliminary injunction to halt the practice, arguing that poultry litter contains E. coli, Salmonella and Campylobacter and that its use in the Illinois River Watershed in Arkansas and Oklahoma caused fecal bacterial contamination of the watershed’s waterways, which are popular for water recreation and supply drinking water for local residents. Tyson responded that the bacteria come from multiple sources including wildlife, various farm animals and humans. The company also noted that the way its farmers treat poultry litter kills any bacteria and that the watershed’s bacteria levels “do not correlate to poultry farming or litter application, but rather correspond to areas of cattle farming and human activity.” The…
Courts in Saskatchewan, Ontario and Quebec have approved a nationwide settlement of claims filed by those allegedly affected by consuming Listeria-tainted meat products produced by Maple Leaf Foods. The 2008 outbreak reportedly sickened 57 people in seven Canadian provinces, and the Listeria strain was purportedly ruled to be the “underlying or contributing cause” in the death of 22 of them. Anyone who consumed the products, estimated at 5,200, may submit a claim for compensation. With symptoms lasting no longer than 48 hours and with no medical proof, claimants can recover $750. With physical symptoms lasting longer than 48 hours and with medical proof, claimants are eligible to recover $3,000 to $125,000. Psychological trauma, with medical proof, will be compensated at $2,000 to $17,500. Those who wish to recover under the compensation scheme must submit their claims no later than November 2, 2009. Those who plan to pursue other legal claims against…
