A Georgia federal court has upheld the convictions of Stewart Parnell, Michael Parnell and Mary Wilkerson, former Peanut Corp. of America (PCA) executives, after an investigation into the defendants’ claims of jury misconduct. United States v. Parnell, 13-12 (U.S. Dist. Ct., M.D. Ga., order entered May 28, 2015). The three were convicted on charges related to a 2008-2009 Salmonella outbreak that sickened hundreds of people nationwide and was linked to nine deaths. After a jury convicted them, the defendants argued that some jury members had conducted outside research, based on allegations made to them by Juror 34. The court rejected their argument, noting, “Throughout the sealed proceedings held on alleged juror misconduct, the court only uncovered one juror who could be termed biased: Juror 34.” Further, “the evidence against the Defendants was overwhelming,” the court said. The defendants’ attorney told media that it planned to appeal the ruling. Additional details about…
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The U.K. Food Standards Agency (FSA) has issued its Strategic Plan 2015-20 outlining a number of initiatives it plans to undertake with industry and other stakeholders over the next five years. Key activities include (i) implementing campaigns to reduce the incidence of food-borne illness caused by Campylobacter and Listeria infections; (ii) expanding capabilities of the agency’s newly established Food Crime Unit; (iii) expanding the agency’s horizon scanning and emerging risks analytical capabilities; (iv) establishing new platforms for consumer engagement; and (v) continuing robust engagement with the European Union on revisions to the regulation on official food and feed controls. See FSA News Release, June 3, 2015. Issue 567
The Center for Food Safety, Food & Water Watch and Friends of the Earth (FOE) have authored a May 28, 2015, letter to the U.S. Food and Drug Administration (FDA), claiming that a draft risk assessment conducted by the Canadian Department of Fisheries and Oceans (DFO) questions the health and welfare of AquaBounty Technologies Inc.’s genetically modified (GM) salmon. According to FOE, the “never-before-seen” environmental review concludes that AquaBounty’s GM salmon are not only “more susceptible to Aeromonas salmonicida, a type of disease-causing bacteria,” but exhibit “diminished growth rates” and “widely varied performance.” The assessment also reportedly registers “uncertainty” about the function of the gene construct, in addition to faulting the management and operation of AquaBounty facilities for allegedly failing to supply “internal compliance documentation, such as a daily check-list to ensure that all relevant mechanical barriers are in place and functioning properly.” As a result of these findings, the…
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is convening a public meeting of the General Conference Committee of the National Poultry Improvement Plan on July 23, 2015, in Salt Lake City, Utah. The group of industry and state agency representatives will reportedly discuss (i) approved tests and (ii) updates regarding avian influenza, Salmonella and Mycoplasma. See Federal Register, May 1, 2015. Issue 564
The Food and Drug Administration has announced a June 1, 2015, public meeting of the Transmissable Spongiform Encephalopathies (TSE) Advisory Committee in Silver Spring, Maryland. Presentations at the meeting will reportedly target the (i) current bovine spongiform encephalopathy (BSE) “situation” domestically and worldwide; (ii) U.S. Department of Agriculture’s regulatory approaches to decreasing the risk of foodborne exposure to BSE; and (iii) variant Creutzfeldt-Jakob Disease “situation” domestically and worldwide, and status of the U.K.’s Transfusion Medicine Epidemiological Review. Written comments must be submitted by May 25. See Federal Register, April 29, 2015. Issue 563
The U.S. Department of Health and Human Services has scheduled a public meeting of the National Science Advisory Board for Biosecurity (NSABB) for May 5, 2015, in Bethesda, Maryland. Topics of discussion at the meeting will reportedly include (i) NSABB’s proposed framework for guiding risk and benefit assessments of gain-of-function (GOF) studies involving pathogens and toxins deemed to have pandemic potential; (ii) the process of conducting the risk and benefit assessments; and (iii) the board’s future deliberations on the GOF issue. Information about registration, webcast access and submitting comments is available on the National Institutes of Health website. See Federal Register, April 8, 2015. Issue 561
The estate and survivors of an 89-year-old woman who died after eating imported pomegranate seeds linked to a Hepatitis A outbreak have filed a wrongful death lawsuit against Townsend Farms Inc., Costco Wholesale Corp. and others alleging strict liability for a product defect, negligence and breach of implied warranties. Schelitzche v. Townsend Farms Inc., No. BC576437 (Cal. Super. Ct., Los Angeles Cty., filed March 23, 2015). The complaint details the 2013 outbreak of Hepatitis A virus, which the U.S. Food and Drug Administration, Centers for Disease Control and Prevention, and state and local health agencies apparently traced to 3-pound bags of Townsend Farms Organic Antioxidant Blend frozen berries sold at Costco. The plaintiffs seek wrongful-death and survival damages and other general, punitive and exemplary damages. While the plaintiffs’ suit is the first to claim wrongful-death damages, details of other lawsuits stemming from the same Hepatitis A outbreak appear in Issues…
The European Food Safety Authority (EFSA) has reportedly concluded that “[t]here is no evidence that the Ebola virus can be transmitted through food in the European Union.” At the request of the European Commission, EFSA issued a scientific report detailing the risk pathway for the transmission of Zaïre Ebola virus (ZEBOV) via imported food consumed in the European Union. Although the report emphasizes that ZEBOV infections linked to the EU food chain have never been documented, it notes the gaps in scientific research stemming from the unlikelihood of this event. “Due to lack of data and knowledge, which results in very high uncertainty, it is not possible to quantify the risk of foodborne transmission of ZEBOV derived from the consumption of these imported foods, or in fact whether or not this mode of transmission could occur at all,” states EFSA. “The overall conclusions of both approaches are consistent and suggest…
The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service is soliciting public comment on its current list of select agents and toxins with the potential to pose a severe threat to animal or plant health or to animal or plant products. The agency’s biennial review and republication of the list is required under provisions of the Agricultural Bioterrorism Protection Act of 2002. Criteria for determining whether an agent or toxin is placed on the list include the (i) effect of exposure to the agent/toxin on animal or plant health and on the production and marketability of animal or plant products; (ii) pathogenicity of the agent/toxin and the methods of transference to animals or plants; and (iii) availability and effectiveness of pharmacotherapies and prophylaxis to treat and prevent any illness caused by exposure to the agent/ toxin. Comments should be submitted by April 28, 2015. See Federal Register,…
According to the February 3, 2015, issue of the Centers for Disease Control and Prevention’s (CDC’s) Morbidity and Mortality Weekly Report, the U.S. Department of Agriculture has reported the first cases of highly pathogenic avian influenza A (HPAI) in wild or domestic birds found in the United States. Of the 14 recorded incidents, seven were associated with H5N2, six with H5N8 and one with H5N1. The detections occurred in the northwestern states of California, Idaho, Oregon, Utah, and Washington and involved five domestic “backyard” flocks, two captive wild birds and seven wild aquatic birds. “Until more is known about these viruses, CDC is taking a cautious approach, and recommendations are largely consistent with guidance for influenza viruses associated with severe diseases in humans,” notes CDC. “State health departments are encouraged to investigate all possible human infections with HPAI H5 virus and should notify CDC promptly when testing for influenza in…
