Food Poison Journal

FDA Inspection of Nestle Toll House Cookie Dough Plant finds Plant Design and Workmanship does not allow for "appropriate sanitary conditions" and "proper cleaning."

bmarler@marlerclark.com (Bill Marler) — Sat, 11 Jul 2009 08:23:08 -0800

After inspecting the Danville Plant on 06/18/2009, 06/19/2009, 06/22/2009, 06/23/2009, 06/24/2009, 06/25/2009, 06/26/2009, 07/07/2009, 07/08/2009, and 07/09/2009, the FDA posted the following observations. The full report can be found by clicking on image to left.

OBSERVATION 1

The workmanship of equipment does not allow proper cleaning. Specifically, inside the "Toll House" brand cookie dough preparation room, dry ingredients are placed inside hoppers. The dry ingredients are gravity fed to blending mixers through gate valves that are installed on the hoppers. As a result of this investigation, the firm disassembled all gate valves from all hoppers on production lines 8, 10, 11, and 12. The gate valves appear to have food contact surfaces that are not easily cleanable as evidenced by rough, pitted and discolored cast metal alloy.

OBSERVATION 2

Lack of appropriate design to enable manufacturing systems to be maintained in an appropriate sanitary condition. Specifically, as "Toll House" brand cookie dough was mixed on 6-18-09, ice build-up surrounded pipes that transport a processing aid to mixers on production lines 8, 10, 11, and 12. On line 8, condensate from the ice dripped onto a metal rake that personnel then used to scrape cookie dough from the mixer into a dough trough for transport to the filling line.

"I understand that hundreds if not a thousand samples were taken - and presume that they were negative. Certainly, the above observations are some cause for concern, but I have seen far worse "483's" from other plants in 16 years of foodborne illness litigation," said William Marler.

CDC to Update Nestle Cookie Dough E. coli O157:H7 Outbreak

bmarler@marlerclark.com (Bill Marler) — Fri, 10 Jul 2009 13:40:34 -0800

We have learned that the CDC will update the Nestle Cookie Dough E. coli O157:H7 outbreak shortly. The new numbers will be as follows:

74 cases from 32 states - all match by PFGE testing
Onset ranges from March 16 to June 11
72% female, age range 2-65 years (median age 15)
34 Hospitalizations
10 with Hemolytic Uremic Syndrome (HUS)

Sprout Recall Due to Possible Salmonella Contamination

dfalkenstein@marlerclark.com (Drew Falkenstein) — Fri, 10 Jul 2009 08:41:00 -0800

The FDA announced recently another recall of sprouts. Here is the release:

Kowalke Family Sprouts of Los Angeles CA is recalling all Kowalke Family Sprouts Brand Alfalfa Products with sell-by dates from June 18 through June 30 because they may be contaminated with Salmonella, which can cause serious illness. Mike’s Produce, Inc. dba Kowalke Family Sprouts is voluntarily recalling the alfalfa products after receiving notification that a surveillance sample taken at a retail location with a June 21 sell-by date tested positive for Salmonella.

No illnesses have been reported from these products. Kowalke Family Sprouts has informed the Food and Drug Administration of its actions and is fully cooperating with the Agency.

The alfalfa sprouts tested negative for the presence of Salmonella prior to being shipped to retailers. Nonetheless, the firm is recalling all sprouts from this seed lot out of abundance of caution in response to being notified of alfalfa sprout seeds that may have been contaminated with Salmonella.

Kowalke Family Sprouts meets all FDA disinfection, processing, and pathogen testing guidelines. In addition, the FDA tested for the presence of Salmonella on sprout growing equipment, food contact surfaces, walls, floors, and drains at the Kowalke Family Sprouts facility. All tests results were negative. The FDA found no Salmonella at the Kowalke Family Sprouts facility.

Kowalke alfalfa products are sold in 4 oz, 8 oz, 1 pound and 5 pound clear plastic, clam shell packages. Two other Kowalke products also contain alfalfa sprouts - the Dinner Salad in a 6 oz package and the Onion/Alfalfa Mix in a 4 oz package.

These products were sold to produce distributors in Los Angeles and to retail stores in Southern California, Nevada, and Arizona. It is possible the sprouts may have been transported to other states.

I will note that the Kowalke seems to have done the right thing in initiating a voluntary recall after receiving a positive test result for Salmonella on product back in June. We hope that the recall had its intended effect. Too many have become ill from sprouts lately.

Georgia Peppers Recalled in Ohio, New York, and Massachusetts

msiceloff@marlerclark.com (Mary Siceloff) — Fri, 10 Jul 2009 08:07:03 -0800

Georgia's agricultural problems continue as Anaheim peppers are recalled from distribution in Ohio and two other states. WTTE and the Associated Press report that Herring Produce is recalling half-bushel boxes of the peppers due to Salmonella contamination. The affected peppers carry the lot number 0801206.

Georgia agriculture suffered quite a blow when the Peanut Corporation of America's facility in Blakeley, GA was determined to be the source of a nationwide outbreak of Salmonella in peanut products that sickened 700 and caused the deaths of nine. Consumers stayed away from peanuts, and consumption dropped 25%. Georgia, the country's largest peanut producer, felt the chilling effects of that drop.

In the wake of the PCA outbreak, Georgia tightened regulation for foodborne pathogens in processing plants. According to Beth Bland of the Georgia Fruit and Vegetable Growers Association, that regulation does not change oversight of fresh food growers.

Ms. Bland also knew the other states involved in the recall, New York and Massachusetts. "There was only one positive sample found," she said. "And that was in New York."

No illnesses have been associated with the contaminated peppers.

Three strains of E. coli O157:H7 found in cookie plant

sschreck@marlerclark.com (Suzanne Schreck) — Thu, 09 Jul 2009 12:47:48 -0800

ABC News reported today that three separate strains of E. coli O157:H7 have been found in a Nestle USA cookie dough processing plant. ABC's Briant Hartman writes about the E. coli testing:

Those tests, according to sources familiar with the investigation and confirmed by the FDA, determined the genetic fingerprint of the E. coli found at the plant is different than E. coli that has been linked to a 30-state outbreak that has sickened at least 72 people.

Sources also say an altogether different strain of E. coli was found in dough recovered from the home of a victim - E. coli O124.

FDA inspectors and CDC investigators have used several different testing methods during the outbreak. Among them is Pulsed Field Gel Electrophoresis, or PFGE. PFGE involves finding a bacteria's "fingerprint" by cutting the bacteria's DNA into tiny pieces and using a gel to separate the pieces from one another, creating a pattern, or fingerprint for each strain of bacteria. Scientists from public health laboratories around the nation are able to compare fingerprints isolated from patients and from food. When PFGE patterns from bacteria isolated from a person's stool and from food are indistinguishable, this strong evidence is combined with epidemiologic and environmental data to prove that a food, like cookie dough, is the source of a person's illness.

Investigators have not yet been able to determine how the cookie dough became contaminated with E. coli - whether it was from an ingredient or from environmental contamination is yet to be determined, and may never be known.

"There should be no confusion. The finding of multiple strains of pathogenetic E. coli in either retained samples or someones home does not diminish the link between Nestle and the illnesses of 72 people", said William Marler, attorney for two dozen of the victims.

Department of Justice Closes Cheese Plant

sschreck@marlerclark.com (Suzanne Schreck) — Thu, 09 Jul 2009 11:02:14 -0800

In a press release issued July 7, 2009, the United States Department of Justice (DOJ) announced that it had filed a complaint seeking an injunction against Peregrina Cheese, Inc, of Brooklyn, NY, and two of its officers. If granted by the Court, the injunction would temporarily stop the company from manufacturing and distributing food.

According to the complaint, which was filed on behalf of the Food and Drug Administration (FDA), the company has a history of producing cheese contaminated with Listeria monocytogenes, a foodborne pathogen. A search of the FDA website revealed that FDA has cited insanitary conditions at the Peregrina Cheese factory several times over the last five years, and that Peregrina Cheese has recalled cheese products for Listeria contamination in the past.

Listeria is the common name for the pathogenic or disease-causing bacterium known as Listeria monocytogenes. It is a foodborne illness that when ingested causes an infection known as listeriosis. Approximately 2,500 illnesses and 500 deaths are attributed to listeriosis in the United States annually.

In the DOJ press release, FDA acting associate commissioner for regulatory affairs, Michael Chappell, stated:

This company has consistently failed to make corrections to improve the insanitary conditions under which it processes cheese products, despite frequent warnings to do so. The FDA will not tolerate food companies that fail to provide adequate safeguards.

According to the complaint, FDA and New York State Department of Agriculture and Markets (NYSDAM) inspections have revealed violations of current Good Manufacturing Practice requirements for foods. Inspectors have noted such food safety violations as standing water in food processing equipment and a dead rodent inside the plant. NYSDAM has also assessed fines against the company.

More information about Listeria monocytogenes:

It is believed that the ingestion of fewer than 1,000 Listeria bacteria can cause human illness. A person with listeriosis usually experiences fever, muscle aches, and gastrointestinal symptoms such as nausea or diarrhea anywhere from three to seventy days after ingesting Listeria monocytogenes bacteria. If the infection spreads to the nervous system, symptoms such as headache, stiff neck, loss of balance, confusion, obtundation, or convulsions can occur. With brain involvement, listeriosis may mimic a stroke.

For unknown reasons, in immune-deficient hosts Listeria invades and grows best in the central nervous system, causing meningitis and/or encephalitis (brain infection). In pregnant women, the fetus is most heavily infected, leading to spontaneous abortion, stillbirths, or sepsis in infancy.

Pregnant women naturally have a depressed cell-mediated immune system; many think that this occurs so that the mother’s immune system will not reject the fetus. In addition, the systems of fetuses and newborns are very immature; they are extremely susceptible to intracellular pathogens. Other adults, especially transplant recipients and lymphoma patients, are given necessary therapies with the specific intent of depressing immune T-cells, and these individuals become especially susceptible to Listeria monocytogenes as well.

General Mills Recalls "Nut Clusters" on Salmonella Fears

dbabcock@marlerclark.com (David Babcock) — Thu, 09 Jul 2009 10:13:07 -0800

Another day, another product pulled over Salmonella fears. Minnpost.com is reporting that General Mills has recalled "some" of its Nature Valley Granola Nut Clusters products due to concerns over potentially contaminated pecans. The recall includes products with the following "best if used by dates": 07MAR2010, 08MAR2010, 09MAR2010, 10MAR2010, 11MAR2010.

General Mills says in its press release: "This action is being taken as a precaution because pecans received from a supplier and used in the product may be tainted with salmonella."

Sure would be nice to know which supplier, and whether or not this supplier has any other customers beyond General Mills. Are there more products and recalls to follow? Is there a regulatory agency involved?

Death by Chocolate - How Chocolate Chips Might Get Contaminated

bmarler@marlerclark.com (Bill Marler) — Thu, 09 Jul 2009 05:26:21 -0800

The media is reporting the tragic death of Vincent Smith. As Mr. Smith was emptying pieces of solid chocolate into the melting vat at Cocoa Services, he slipped from a platform into the eight-foot deep mixing unit.

A spokesman for the local prosecutor's office said Mr. Smith appeared to have died instantly from a blow to his head by a paddle mixing the chocolate.

Co-workers at the factory tried to shut down the mixer, but were too late. Mr. Smith was a temporary worker at the Cocoa Services Inc plant in the city of Camden.

Although there appears to be no link between this company and the Nestle Cookie Dough E. coli Outbreak, it does raise a question – “If a man can fall into a vat of chocolate, it seems possible that other contaminates – like E. coli – could get in too?”

Two "Health" Products Recalled Over Salmonella Fears

dbabcock@marlerclark.com (David Babcock) — Wed, 08 Jul 2009 14:44:46 -0800

This is no way to get healthy, and certainly much too dangerous of a way to lose weight. The number of recalls related to Salmonella grew again today with the addition of two new products - "Stealth" brand powdered dietary supplement and "Weigh Down" chocolate flavor nutrition drink. The two recalls, according to the Associated Press:

Vital Pharmaceuticals Inc. is recalling 17 lots of Stealth Chocolate and Stealth Vanilla powdered dietary supplement. The supplements were available nationwide. Details: by phone at 800-954-7904.

Lewis Laboratories International Ltd. is recalling select lots of Weigh Down chocolate flavor nutrition drink mix. The recalled product has one distributor in New York and was sold online and through mail order. Details: by phone at 800-243-6020.

Thankfully, no illnesses have yet been linked to the product.

An Iowa Child hospitalized with HUS: Is JBS to Blame?

dfalkenstein@marlerclark.com (Drew Falkenstein) — Tue, 07 Jul 2009 17:56:42 -0800

KSFY in Sioux Falls, South Dakota, reports that a one-year-old boy from Sioux Center, Iowa is currently hospitalized with hemolytic uremic syndrome at a Sioux Falls area hospital. There are no reported "confirmed" cases in the JBS outbreak from Iowa . . . Yet. But these outbreaks tend to evolve. After all, we're talking about a product that many people buy and simply throw into their freezers until they're ready to consume it. That means that these products can last months. All the more reason for concerted public health efforts to spread the word about developing outbreaks and assist retailers in getting recalled products off their shelves . . . and out of consumers houses.

We've seen hundreds of kids in Isaiah Romero's exact medical circumstances. I hope to see a news report soon saying that his illness was not as bad as it could have been. Too many have gone the other way over the last few years. In the meantime, we'll keep moving in discovery against JBS Swift in the New Mexico case that we filed yesterday (filed in Colorado).

Back to the Future: Obama Recycling Clinton-Era Food Safety Initiatives as New

dsterns@marlerclark.com (Denis Stearns) — Tue, 07 Jul 2009 10:35:31 -0800

At 10:30 AM today, Agriculture Secretary Vilsack, HHS Secretary Sebelius, and Vice-President Biden will issue “key finding,” according to an email from Nick Shapiro, Office of the Press Secretary, in The White House, that was sent to several media outlets. According to press release, entitled President’s Food Safety Working Group: Delivering Results, the Obama administration is going to implement “a new public health-focused approach to food safety based on three core principles: (1) prioritizing prevention; (2) strengthening surveillance and enforcement; and (3) improving response and recovery.” Although these principles are laudable, and anything would be an improvement over the Bush administration’s efforts to put industry profits above the public health, most of what is being announced today is recycled from Clinton years, and all are incremental steps that seek improvements around the edges rather than the much needed structural change to the U.S. food safety system.

What follows is a point-by-point commentary and critique of today’s announced policy changes and renewed initiatives. As I think you will see, there is not a lot radical going on here. (Please click on the Continue Reading link to read more.)

Preventing Salmonella Contamination: Here the press release notes that,” Despite support from consumer advocates and the egg industry, the Federal government has been unable to finalize basic rules on egg safety to prevent contamination.” And this is true, but eggs stopped being the biggest cause of Salmonella infection quite some time ago. In 2007, for Salmonella infections attributed to a food source, the outbreaks were caused by contaminated peanut butter, frozen pot pies, and puffed snack food. Moreover, hard data does not exist with regard to the prevalence of Salmonella in eggs in the United States, making the estimates about potential savings and illness-reduction speculative at best. As the USDA Agricultural Research Service pointed out in a report issued in 2007:

Market egg sampling data has never been collected in the United States on a national basis and no regional sampling data has been collected in 10 years. Salmonella outbreaks continue to be attributed to eggs and no progress has been made in several years in decreasing incidence.

The report then concluded: “USDA does not believe that this project is feasible given current budgets, limited extramural funding sources, and the existence of more pressing food safety issues such as attribution of illness to produce.” Full report here: www.ars.usda.gov/research/publications/publications.htm

The press release also touts an effort of the USDA to, by the end of the year, “develop new standards to reduce the prevalence of Salmonella in turkeys and poultry.” But here, again, the approach is incremental (if not merely symbolic), and fails to consider a better alternative: namely, the ELIMINATION of Salmonella (and Campylobacter) from eggs and poultry, something that was years ago achieved in other countries, like Denmark.

Reducing the Threat of E. coli O157:H7: According the press release, there is going to be “stepped up enforcement in beef facilities,” including “ issuing improved instructions to [inspectors]…to find this pathogen, focusing largely on the components that go into making ground beef.” There is no lack of irony in this announcement given that it is being made as we are in the midst of the second huge recall in two years of intact cuts of beef linked to large numbers of serious E. coli O157:H7 infection—the current recall being that linked to JBS Swift meat processed in Greeley, Colorado, and the previous one involving Nebraska Beef Ltd.

The release also touts the fact that USDA Food Safety and Inspection Service (FSIS) is “increasing its sampling to find this pathogen.” But as a senior FSIS official has already admitted about this increase in E. coli testing, the sampling plan does not even come close to attaining statistically significant results. (I have previously blogged about the largely symbolic nature of this increased testing, and that blog-post can be found here: www.foodpoisonjournal.com/tags/zero-tolerance/

Preventing Contamination of Leafy Greens, Melons, and Tomatoes: And perhaps in what is my favorite bit of tap-dancing and window-dressing, the press release announces that, “[b]y the end of the month, FDA will issue commodity-specific draft guidance on preventive controls that industry can implement to reduce the risk of microbial contamination in the production and distribution of tomatoes, melons, and leafy greens. These proposals will help the Federal government establish a minimum standard for production across the country. Over the next two years, FDA will seek public comment and work to require adoption of these approaches through regulation.” OH, YIPPEE!!! Yet another “draft guidance” from the FDA on produce safety, and a promise that, in two years or so, the agency will “work to require adoption of these approaches.” In other words, no change here. And if you would like to have a look at just how long the FDA has been making“suggestions” on produce safety, have a look at the produce safety initiative announced on May 6, 1998, and the issuance of ‘‘Guidance for Industry: Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables,’’ which was the FDA’s first attempt to the same thing it says it is going to this time try to do again. See here: www.fda.gov/ohrms/dockets/98fr/050698b.pdf And: www.foodsafety.gov/~dms/prodguid.html

One other suggestion of my own: If the FDA wants to get serious about produce safety, then it should read the multiple reports issued by the Food Safety Project at Georgetown University, which can be found here: www.producesafetyproject.org/reports

The press release announces other mostly recycled initiatives, which I will address in a follow-up post. So let me end here by saying that increased food safety efforts are nice, but results are all that matters. And the initiatives announced today may sound good, but they are unlikely to change much. What is needed is a structural overhaul of the US food safety system.

Michigan Health Department Links E. coli O157:H7 Cases to JBS Swift Beef

bmarler@marlerclark.com (Bill Marler) — Mon, 06 Jul 2009 16:33:01 -0800

According to UPI reports quoting the CDC, At least twenty-three people infected with a strain of E. coli O157:H7 with a particular "DNA fingerprint" have been reported from nine states. The illnesses appear to be associated with products subject to the recalls of 41,280 pounds of beef products from JBS Swift Beef Co. that may be contaminated with E. coli O157:H7. The recall was expanded June 28 to include 380,000 pounds of assorted pieces of beef -- beef primal products -- from the company.

Also, according to published reports, samples from unopened packages of ground beef recovered from a patient's home were tested by the Michigan Public Health Laboratory and yielded an E. coli O157:H7 isolate that matched the "DNA fingerprint" of the outbreak strain, the CDC said.

First E. coli Lawsuit Filed against JBS Swift

bmarler@marlerclark.com (Bill Marler) — Mon, 06 Jul 2009 12:22:15 -0800

The first lawsuit stemming from the current E. coli O157:H7 (E. coli) recall by JBS Swift Beef Company of Greeley, Colorado that has been linked to 23 E. coli illnesses in California, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York and Wisconsin was filed today on behalf of an Albuquerque-area child who was infected with E. coli after eating kabobs prepared by his grandmother on Mother’s Day. The lawsuit was filed on behalf of the family of 14 year old Alex Roerick by his attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Kara Knowles of the Denver firm Montgomery, Little, Soran, & Murray.

Alex ate dinner with his grandma on May 10, 2009. He began to experience flu-like symptoms including fatigue, fever, nausea, diarrhea, and vomiting by May 13. Alex’s symptoms worsened and he was admitted to Presbyterian Hospital on May 15. He was released several days later, before being rushed back again due to severe bloody diarrhea. His doctors determined that Alex had developed hemolytic uremic syndrome, or HUS, a devastating complication of his E. coli O157:H7 infection. The genetic fingerprint of the E. coli found in Alex’s stool matches that of others sickened in the nationwide outbreak tied to recalled JBS Swift Beef. He continues to experience effects of his illness.

“JBS Swift and the FSIS were much too slow about releasing information on where the beef was distributed,” said Marler. “Even with widespread consumer pressure, the information was only released a day before the 4th of July holiday, not nearly enough time to get the word out to families that might have the contaminated meat in their homes. Our government agencies need to work faster in recall situations to prevent more people from suffering what Alex and his family have experienced.”

In the early morning hours of Sunday, June 28, the JBS Swift Beef Company expanded its earlier recall of 41,280 pounds of beef contaminated with the highly toxic pathogen E. coli to include an additional 380,000 pounds. The beef recalls are FSIS (Food Safety and Inspection Service) Class I, meaning that the "use of the product will cause serious, adverse health consequences or death." After years of large recalls, focused efforts by meat regulators brought down E. coli contamination recalls to a low of 182,000 pounds in 2006. Recalls shot up again in 2007, and in the ensuing years (2007-2009), over 41 million pounds of beef have been recalled due to contamination with E. coli.

Consumer Trust in Food Safety in the U.S. Plummets Because of Rise in Recalls

dsterns@marlerclark.com (Denis Stearns) — Mon, 06 Jul 2009 11:35:37 -0800

A little over two weeks ago, IBM released the results of a survey that it had conducted among adult grocery shoppers in the ten largest cities in the United States (100 in each city). The survey was intended to gather opinions about food safety issues, and what it found is as disappointing as it is not surprising. For example, less than 20% of consumers trust food companies to develop and sell food products that are self and healthy. Moreover, 60% of consumers are concerned about the safety of the food that they purchase. And the cause of this significant drop in trust? The rise in food recalls linked to contaminated and unsafe food products. According to the survey results, 83% of the people surveyed were able to name a food product that had been recalled in the last years, with nearly half (46%) naming peanut butter as a recently recalled product.

The irony here is that the rise in contamination-related recalls can be explained, in large part, by the drive for greater profits through: the use of cheaper ingredients purchased from suppliers willing to cut-corners (see, e.g. Peanut Corporation of America and its customer Kelloggs); the failure to update and maintain manufacturing facilities to ensure the highest standards of safety (see, e.g., Cargill and its peanut butter plant); insufficient product testing and quality control (see, e.g. Dole baged Spinach); and over-reliance on the consumer to cook the product "properly" as a means of making it safe, when it should have been safe to begin with (see, e.g., Banquet pot pies and Topps-brand and American Chef's Selection brand frozen ground beef patties). But by putting profits above safety, food manufacturers are trading short term gains for long term losses. If consumers lose trust in manufactured food products, they will stop buying them. Look, for example, at peanut butter sales, which still have not recovered, and may never do so.

To read the full press release discussing the survey results, please click on Continue Reading.

Armonk, NY -- - 24 Jun 2009: A new IBM (NYSE: IBM) study reveals that less than 20 percent of consumers trust food companies to develop and sell food products that are safe and healthy for themselves and their families. The study also shows that 60 percent of consumers are concerned about the safety of food they purchase, and 63 percent are knowledgeable about the content of the food they buy.

The survey of 1,000 consumers in the 10 largest cities nationwide shows that consumers are increasingly wary of the safety of food purchased at grocery stores, and their confidence in – and trust of – food retailers, manufacturers and grocers is declining.

The Debilitating Impact of Recalls

83 percent of respondents were able to name a food product that was recalled in the past two years due to contamination or other safety concerns. Nearly half of survey respondents – 46 percent – named peanut butter, the staple of school lunches for children across the nation, as the most recognizable recall. Spinach came in a distant second, with 15 percent awareness nearly two years after the incident.

Consumers are proving to be extra cautious in purchasing food products after a recall. 49 percent of the respondents would be less likely to purchase a food product again of it was recalled due to contamination. 63 percent of respondents confirmed they would not buy the food until the source of contamination had been found and addressed. Meanwhile, eight percent of respondents said they would never purchase the food again, even after the source of contamination was found and addressed.

These findings underscore how the rise in recalls and contamination has significantly eroded consumer confidence in food and product safety, as well as with the companies that manufacture and distribute these products.

Changing Consumer Behaviors

63 percent of respondents report they have purposefully changed their grocery shopping behavior in the past two years because they wanted better value for their money. And almost half have changed shopping behavior to access fresher foods (45 percent) or better quality foods (43 percent).

"Especially in today's economy, if consumers are going to pay a little extra for a branded or organic product, they want to be assured that they're paying for something different and better quality,” said Guy Blissett, Consumer Products Leader, IBM Institute for Business Value. “Across the board, consumers are demanding transparency and more information about the food they purchase to ensure their safety and that of their families. As the government, industry associations, retailers and manufacturers work through the operational issues associated with ensuring food safety, we can each become more aware and take greater responsibility for the food we purchase.”

Where is my Food From?

The survey found that over the past two years, consumer appetite for information about food products increased. 77 percent of consumers want more information about the content of the food products they purchase, and 76 percent would like more information about its origin. 74 percent are willing to dig deeper and seek more data about how the food products are grown, processed and manufactured. Despite industry efforts to keep consumers informed with more detailed product information, there’s still a significant gap between consumer expectations and what retailers/manufacturers are providing.

The survey also found that consumers are spending more time poring over food labels to know which ingredients were used, questioning supermarkets and product manufactures about product detail, paying closer attention to expiration dates, and doing more in depth background checks on specific food brands and their origin. This will have an even bigger impact as the younger, more Internet savvy generation of consumers evolve into being the primary purchasers of groceries.
An estimated 76 million people in the United States get sick every year with food borne illness and 5,000 die, according to the U.S. Centers for Disease Control and Prevention. Food safety is top of mind for governments, retailers, manufacturers and consumers alike, and in fact, President Obama’s proposed budget includes $1 billion for the FDA to spend on improving food safety. More than 600 bills addressing food safety have been introduced in state legislatures since January 2009.

"The ability to trace a contaminated product all the way back to the source of production is key to modernizing our food industry. It would also allow producers to more precisely identify the source of a problem in order to improve production practices and could help narrow the scope of recalls by more quickly identifying the specific plant or country of origin," said Caroline Smith DeWaal, director of food safety, Center for Science in the Public Interest.[1]

Are Food Retailers and Manufacturers Looking Out for me?

55 percent of respondents trust food manufacturers when handling a recall in the event that a food product is contaminated, indicating a decrease in their level of trust over the past two years. Meanwhile, 72 percent said they trust the store where they buy groceries to properly handle food product contamination recalls.

57 percent of consumers report they’ve stopped purchasing certain foods, even for a short time, within the past two years due to safety considerations.

Take Responsibility: “Smart” Recommendations for Consumers:

Seek out other concerned consumers: connect with those interested in food safety issues. Share information and insights with others.

Make yourself known: Speak up and let your local grocery know you’d be interested in more information on the products they are selling and their origins. Grocers want to listen; they are in a very competitive marketplace. Research from IBM shows 75 percent of consumers are dissatisfied with their grocer.

Ask your retailer: Assess who provides more information about the products they sell. This is being accomplished through in store kiosk and touch screen computers and brochures.

Read the packaging closely: Some products are providing more information than ever, including specific details on the farm where ingredients were grown.

Take responsibility: Leverage the Internet and visit consumer products company websites to learn more about the companies and processes behind the products you buy. Companies are providing a wealth of background information on their products to gain consumer credibility and shift consumer attitude.

Survey Methodology

IBM conducted a survey of adult grocery shoppers (once a month or more) in the 10 largest U.S. cities during June 2009. The study is intended to gather grocery shoppers’ opinions about food safety issues. The survey was fielded by Survey Sampling International (SSI) using random samples from their managed online panels in: Atlanta, Boston, Chicago, Dallas-Forth Worth, Houston, Los Angeles, New York, Philadelphia, San Francisco-Oakland-San Jose, and Washington, DC. Cities were identified using Nielsen Designated Market Areas (DMA). There are 1,000 responses in the final dataset – 100 in each city. IBM was not identified as the sponsor of the study. The results have a 3.1-point margin of error overall (95% confidence level).

North Dakota Salmonella Outrbeak Traced to Unlicensed Caterer

dbabcock@marlerclark.com (David Babcock) — Sat, 04 Jul 2009 12:19:57 -0800

According to the Jamestown Sun, health officials in Maclean County, North Dakota have linked an outbreak of Salmonella illnesses to an unlicensed caterer. Aggie Jennings, who ran the catering company, has been ordered by health department officials to cease operations. Patrons of three separate events catered by Jennings became ill last month. According to the article:

State epidemiologist Kirby Kruger says shredded beef and pasta salad served by Jennings at a June 20 wedding have tested positive for salmonella. Taco meat from a June 13 wedding also tested positive for the salmonella strain.

Tests on the farm found a strain of salmonella found in baby chickens. Jennings has chicks on her farm.

My guess is that a licensed operation, inspected by trained health officials would have been less likely to have a problem.

Raw Milk Can Contain Human Pathogens

sschreck@marlerclark.com (Suzanne Schreck) — Sat, 04 Jul 2009 11:52:23 -0800

In a July 1 letter that appeared in the Stillwater News Press titled, "Know the Facts," Director of the Food Safety Division for the Oklahoma Department of Agriculture, Food and Forestry, Stan Stromberg, explained the milk pasteurization process:

In the High Temperature/Short Time process, which is typically used in milk pasteurization, the milk is forced between metal plates or through pipes heated on the outside by hot water, and is heated to 161 degrees F for 15 to 20 seconds, followed by quick cooling to about 39 degrees.

This process does not add any ingredient to the milk and it certainly does not add formaldehyde, which is considered to be carcinogenic.

This process is designed to achieve a 5-log reduction, killing 99.999 percent of the viable microorganisms in milk.

Mr. Stromberg writes, "I would suggest that before anyone makes a decision to consume raw milk, they should thoroughly research this issue and make a rational decision on a scientific basis and not on an unfounded emotional basis."

Consuming raw milk and other unpasteurized dairy products made from raw milk is an established risk factor for infection with pathogenic bacteria such as E. coli O157:H7, Salmonella, and Campylobacter. E. coli and other pathogens are shed in the feces of livestock such as cows and goats and can contaminate milk during the milking process. Although practicing standard hygiene such as washing hands and keeping equipment clean can lower the potential for contamination, pasteurization is seen as the most effective treatment for reducing the number of E. coli and other contaminants found in milk.

Licensing or certifying dairies to sell raw milk does not guarantee that a safe product will be produced. Laws regulating the sale of raw milk were passed in the early 20th century, and in what proved to be a major public health success in the United States, the percentage of all food and water-borne outbreaks attributable to milk products dropped from 25 percent in 1938 to about 1 percent by 2005. Today, it is a violation of federal law to sell raw milk packaged for consumer use across state lines (interstate commerce), but each state regulates the sale of raw milk within its own state lines (intrastate).

In Washington, all raw milk product packaging must include the following warning: “WARNING: This product has not been pasteurized and may contain harmful bacteria. Pregnant women, children, the elderly and persons with lowered resistance to disease have the highest risk of harm from use of this product.” Rules for producing raw milk products in Washington are online, courtesy of the Washington Department of Agriculture.

President's Choice E. coli O157:H7 Beef Recalled (JBS Swift Beef)- So, What Is President Obama Grilling For the 4th of July?

bmarler@marlerclark.com (Bill Marler) — Sat, 04 Jul 2009 07:24:51 -0800

News yesterday from the Canadian Food Inspection Agency (CFIA), which is warning the public not to consume certain beef products described below because they may have been contaminated with E. coli O157:H7. This recall of beef products in Canada is related to the expanded recall of beef products in the USA by JBS Swift Beef Company, Greeley, Colorado due to possible E. coli O157:H7 contamination. JBS Swift Beef is recalling over 420,000 pounds of meat that has been linked to at least 23 illnesses in 9 states, including 2 with HUS.

The following President’s Choice (PC) brand beef products – steaks, roasts and ground beef, bearing Best Before dates April 29 to June 16, 2009 inclusive, are affected by this alert. These fresh (not frozen) beef products were sold at retail in variable weight packages consisting of trays with a plastic over wrap as well as from the in-store meat counters. Consumers are advised to check their freezers and dispose of if they have the affected beef products. These products have been distributed in Ontario, Quebec and Atlantic Canada from the following retail stores:

Ontario:

Cash & Carry
Real Canadian Wholesale Club
Dominion
Extra Foods
Fortinos
Freshmart
Loblaws
No Frills
Real Canadian Superstore
Loblaw Superstore
Valu-mart
Your Independent Grocer
Zehrs
Westfair

Québec:

AXEP
Intermarché
Loblaws
Entrepôt Presto
Club Entrepôt Provigo
Provigo

Atlantic:

Cash & Carry
Real Canadian Wholesale Club
Dominion
Freshmart
Red & White
Quick Mart
Save Easy
Atlantic Superstore
Valu-mart

Mr. President, you might check the full list just released by USDA/FSIS. Another idea is to invite Secretary Vilsack over for the picnic.

Cuyahoga County Ohio has at Least Five E. coli O157:H7 cases, Two in Olmsted Falls and One from Strongsville

bmarler@marlerclark.com (Bill Marler) — Fri, 03 Jul 2009 19:50:31 -0800

The Cuyahoga County Board of Health confirms that three children have contracted E. coli O157:H7 bacteria. Two more cases are under investigation. The three children with confirmed cases also developed Hemolytic Uremic Syndrome (HUS).

"Five cases is very unusual for us to have," says Terry Allan, the health commissioner in Cuyahoga County. Allan says the children must have contracted E. coli O157:H7 in one of two ways: “either from a batch of meat that is contaminated or from just undercooked beef.” Testing will be conducted on meat in the area, but so far, there is no indication that any particular batch of beef in Ohio is contaminated.

Nonfat Dry Milk Is Third Ingredient Recall Of Year: Follows Model FDA Used With Peanuts And Pistachios

deflynn737@hotmail.com (Dan Flynn) — Fri, 03 Jul 2009 12:09:02 -0800

For the third time this year, the U.S. Food & Drug Administration (FDA) is carefully orchestrating a “voluntary recall” of all products containing a certain ingredient.

This time it is products with nonfat dry milk produced by the Minnesota-based Plainview Milk Products Cooperative that are the main targets of the recall.

Plainview Milk also made whey protein, fruit stabilizers and gums (thickening agents).

Anything using these products as ingredients will be become part of the recall. Plainview Milk discovered salmonella contamination on its equipment. The coop went looking for the problem when a dairy shake containing its nonfat dry milk was found with salmonella contamination.

If this year’s experience with both peanut and pistachios are any guide, ingredient recalls are stretched out affairs. While 3,916 peanut products and 664 pistachio products were eventually removed from retail shelves so far in 2009, both of those ingredient recalls took several weeks.

The peanut product recall occurred to bring the Salmonella Typhimurium outbreak under control after its spread by the Peanut Corporation of America’s ill-fated processing plants in Blakely, GA and Plainview, TX. PCA would in early February file for Chapter 7 bankruptcy as its way out of the 46-state outbreak that made 714 people sick and killed nine.

Manufacturers of brownies, cakes, candy, cereals, cookies, crackers, donuts, seasonings, toppings, snacks and products containing PCA peanuts as ingredients signed up for the “voluntary” recall. When Westco Fruit and Nut opted not to participate, FDA sent in armed U.S. Marshals who seized $34,500 in PCA products.

The pistachio product recall got underway before anyone got sick. When salmonella contamination was found at Setton Pistachio of Terra Bella Inc., FDA decided to implement its ingredient recall strategy. Cake, pie, candy, ice cream, snack makers and others recalled their products and FDA kept the public in loop with a single database.

The peanut and pistachio ingredient recalls have to date caused consumers to return 4,580 products.

The Plainview Milk ingredient recall began just this past Monday (June 29), and has been joined by Stop & Shop, Giant Foods, and an internet store called Bulkfoods.com. All seven entries on the FDA database so far are listing only nonfat dry milk products.

Not listed is Dunkin' Donuts, which removed hot chocolate and its Dunkaccino beverages from its menu and is also believed to be a Plainview Milk customer.

Picnic risks extend beyond food poisoning

sschreck@marlerclark.com (Suzanne Schreck) — Fri, 03 Jul 2009 10:56:03 -0800

Over the 4th of July holiday, many Americans will get together for picnics, barbeques, and other gatherings. For many, food will take center stage, and hopefully proper food safety practices will ensure that in the days following these gatherings people will not be doubled-over in pain, running to and from the bathroom because of something they ate. The FDA has published recommendations for keeping food safe when eating outdoors that could be useful in helping prevent foodborne illness among your friends and family.

For some, water - not drinking water - will take center stage. And water sources can contain some of the same pathogens as food sources. Pools, recreational water, and even municipal water sources have been pinpointed as the source of E. coli, cryptosporidium, Salmonella, and other outbreaks in recent years. (See Cryptosporidiosis: A Recreational Water Threat That Hasn’t Gone Away)

Water sources can become contaminated with E. coli and other pathogens in a variety of ways. Water that is downstream from cattle pastures, feed lots, or barns can easily become contaminated with pathogens from runoff. When lakes become contaminated, several weeks or months can pass before water quality conditions improve or return to normal.

Pools can become contaminated with E. coli by animal feces or through fecal contamination from an infected person. Children who are not yet toilet trained and soil diapers while playing in water have been identified as the source of several outbreaks. Proper chlorine levels must be maintained to prevent the spread of E. coli in pools and at water parks.

In 1998, an E. coli O157:H7 outbreak was traced to an infected toddler who played in a pool at the White Water Water Park outside Atlanta, Georgia. Although the pool was chlorinated, the chlorine concentration and contact time was presumably insufficient to kill the E. coli resulting from fecal contamination by the toddler, and other children who were in the pool ingested E. coli bacteria while playing in the pool. Twenty-six culture-confirmed E. coli cases were identified during the outbreak, and 40 percent of children under five years of age with recognized E. coli infections were diagnosed with hemolytic uremic syndrome (HUS).

In 2005, thousands of people fell ill with cryptosporidiosis, a gastrointestinal illness that causes diarrhea and vomiting, after visiting the spraypark at the Seneca Lake State Park in New York State. By the time the public health investigation had concluded, at least 3,900 people in New York had reported becoming ill with cryptosporidiosis after taking part in recreational activities at the spraypark, which is located near Geneva. Cryptosporidium was found in two water storage tanks that supplied the 11,000-square-foot spraypark. Since that time, the spraypark has undergone a renovation for its water storage devices.

When municipal water sources become contaminated, systems must be flushed to ensure all bacteria has been eliminated from the system, and chlorine levels high enough to kill any bacteria, parasites, or viruses must be introduced.

In 2008, the Colorado Department of Public Health and Environment (CDPHE) reported that 417 people became ill with Salmonella after drinking water from the Alamosa municipal water system, and one resident died. The Centers for Disease Control and Prevention (CDC) and CDPHE confirmed the presence of Salmonella in five out of six water samples taken from various areas around Alamosa, and laboratory results confirmed the presence of Salmonella in the water system, which was flushed in a three-stage water treatment process beginning March 25.