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The Food Safety and Inspection Service (FSIS) has announced the availability of final compliance guidelines for video monitoring at federally inspected establishments, such as meat and poultry plants. The guidelines, which have received Office of Management and Budget approval, stem from a 2008 USDA Office of Inspector General (OIG) recommendation that called for FSIS to determine whether such monitoring would be beneficial for “slaughterhouse establishments.” Additional information about the guidelines appears in Issue 369 of this Update. Although not mandatory, in-plant video monitoring can be used to strengthen food safety and humane animal-handling practices, and to monitor product inventory and building security, according to FSIS. The agency has provided the guide to help those plants choosing this method to create records for maintaining “compliance with [f]ederal regulations, including humane treatment of livestock and the use of good commercial practices in poultry.” It also “provides information on issues establishments should consider…

A recent study has claimed that after adopting organic practices and ceasing the use of antibiotics, large-scale poultry farms had “significantly lower levels” of antibiotic-resistant and multidrug resistant (MDR) Enterococcus than their conventional counterparts. Amy Rebecca Sapkot, et al., “Lower Prevalence of Antibiotic-resistant Enterococci On U.S. Conventional Poultry Farms That Transitioned to Organic Practices,” Environmental Health Perspectives, August 2011. Researchers apparently sampled poultry litter, feed and water “from 10 conventional and 10 newly organic poultry houses in 2008,” finding that the percentages of resistant E. faecalis and resistant E. faecium “were significantly lower (p<0.05) among isolates from newly organic versus conventional houses for two (erythromycin and tylosin) and five (ciprofloxacin, gentamicin, nitrofurantoin, penicillin and tetracycline) antimicrobials.” They also reported that 42 percent of E. faecalis isolates and 84 of E. faecium isolates from conventional poultry houses were multidrug resistant, compared to 10 percent of E. faecalis isolates and 17 percent of E. faecium…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a public health alert “due to concerns about illnesses caused by Salmonella Heidelberg that may be associated with the use and consumption of ground turkey.” According to FSIS, an epidemiological investigation led by the Centers for Disease Control and Prevention (CDC) and state health departments has linked an estimated 77 illnesses in 26 states to a Springdale, Arkansas, plant operated by Cargill Meat Solutions Corp., which voluntarily recalled 36 million pounds of ground turkey produced between February 20 and August 2. “The outbreak strain of Salmonella Heidelberg is resistant to several commonly prescribed antibiotics; this antibiotic resistance may increase the risk of hospitalization or possible treatment failure in infected individuals,” stated an August 4, 2011, CDC investigation update. “Consumers should check their homes for recalled ground turkey products and not eat them; restaurant and food service operators…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a proposed rule that would require raw meat and poultry products that contain injected marinades or solutions to be named in a way that clearly distinguishes them from 100 percent meat or poultry products. According to FSIS, consumers are likely unaware that“enhanced products” may contain increased levels of sodium because current labels are unclear as to whether a solution has been added. For example, under current rules, 100 percent chicken breasts and products containing 60 percent chicken and 40 percent solution may both be called and labeled “chicken breast.” The latter product must indicate that a solution has been added, but manufacturers have been doing so in typefaces and fonts that can be difficult to read. To avoid misbranding, FSIS proposes that the labels feature (i) as the product’s “name” an accurate description of the product with the percent…

The Fourth Circuit Court of Appeals has determined that the time poultry workers spend donning and doffing protective gear at the beginning and end of their shifts must be compensated as an “integral and indispensable” part of the principal activity of employment. Perez v. Mountaire Farms, Inc., No. 09-1917 (4th Cir., decided June 7, 2011). Because the time the employees spent doffing and donning some of their gear during an uncompensated meal break was related to their meal break and took a minimal amount of time, the court ruled that time noncompensable. The court found that the employer did not willfully violate the law, thus a two-year statute of limitations was applied to the litigation. And the lack of willfulness was found to be evidence of its good faith, so the court denied the employees’ request for liquidated damages under the Fair Labor Standards Act.

The Center for Science in the Public Interest (CSPI) has filed a citizen petition “requesting that the administrator of the Food Safety and Inspection Service (FSIS) . . . issue an interpretive rule declaring certain delineated strains of antibiotic-resistant [ABR] Salmonella, when found in ground meat and ground poultry, to be adulterants” under federal law. In re: CSPI Petition, No. __ (USDA FSIS, filed May 25, 2011). Noting that FSIS declared E. coli an adulterant in 1994, the petition contends, “Scientific and medical research demonstrates that contamination of meat and poultry by ABR strains of Salmonella poses grave public health dangers that are comparable to those posed by E. coli 0157:H7 in 1994.” According to the petition, several ABR strains in ground meat and poultry products have resulted in recalls, outbreaks and deaths. Seeking expedited review, CSPI claims that 36 documented outbreaks, causing thousands of illnesses and some deaths, were…

A Georgia-based poultry farm has reportedly appealed a federal court ruling dismissing libel, slander and product disparagement claims against CBS, which apparently aired a segment on its 60 Minutes program in 2003 about alleged terrorist money laundering involving dead chickens. Mar-Jac Poultry, Inc. v. Katz, No. 03-2422 (D.D.C., dismissal entered March 30, 2011). The D.C. Circuit Court of Appeals has apparently not yet indicated whether it will hear the appeal. The segment focused on a purported “terrorist hunter” whose actions in ferreting out terrorist activity in the United States apparently led the U.S. government to raid a poultry farm after she claimed that Saudis had purchased it. According to Rita Katz, who appeared on the program in disguise, chicken was the best cover for money laundering because “chicken is one of the things that no one really can track it down. If you say in one year that you lost 10…

U.S. Representative Steve Israel (D-N.Y.) has introduced a bill (H.R. 1486) that would amend federal labeling laws concerning trans fat content in food. The Trans Fat Truth in Labeling Act of 2011 would “direct the Commissioner of Food and Drugs to revise the federal regulations applicable to the declaration of the trans fat content of a food on the label and in the labeling of the food when such content is less than 0.5 gram.” Effective 18 months after the date of enactment, the law would (i) “require that the nutrition information on the label or labeling on an applicable food contain an asterisk or another similar notation and a note to indicate that the food has a low trans fat content per serving” and (ii) “prohibit the label or labeling on an applicable food from indicating that trans fat content per serving is zero.” Applicable foods would be defined…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has proposed a procedural change that would allow inspectors to keep meat and poultry products from commerce “until FSIS test results for harmful substances are received.” FSIS currently recommends that processors and official import establishments hold sampled products pending test results, but has evidently concluded that his voluntary measure has allowed adulterated shipments to enter the market. “Therefore, FSIS is announcing its tentative determination not to apply the mark of inspection until negative results are available and received for any testing for adulterants,” stated the agency, which will accept comments on the proposal for 90 days after publication in the Federal Register. FSIS has argued that a mandatory “test and hold” requirement will “substantially reduce serious recalls for meat and poultry.” Along with the agency’s new and revised performance standards to reduce Salmonella and Campylobacter incidence in young chickens and…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced new and revised performance standards to reduce Salmonella and Campylobacter incidence in young chickens and turkeys. Effective July 2011, the standards apparently draw on the FSIS Nationwide Microbiological Baseline Data Collection Programs and the recommendations of President Barack Obama’s (D) Food Safety Working Group. According to a March 21, 2011, Federal Register notice, “The standards will be applied to sample sets collected and analyzed by the Agency to evaluate establishment performance with respect to requirements of the Hazard Analysis and Critical Control Points (HACCP) Rule.” FSIS has estimated that, after two years, the combined Campylobacter and Salmonella standards will prevent approximately 25,000 illnesses annually. “While the industry has made significant strides in recent years, far too many Americans continue to fall victim to these foodborne illnesses,” said Under Secretary for Food Safety Elisabeth Hagen in a March…

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