Marler Blog

California Cantaloupe Growers Adopt Food Safety - Its Past Time

bmarler@marlerclark.com (Bill Marler) — Sun, 20 May 2012 17:48:02 -0800

After 146 people were sickened (with 36 dead) by Listeria-tainted cantaloupe grown in Colorado, the California Cantaloupe Growers finally charged/backed into action. They are now in the process of adopting the "California Cantaloupe Program." You have to wonder why it took 36 dead and a total of 146 sickened to wake them up? It is not like cantaloupe outbreaks had not happened before:

Download the PDF of the slide show I gave to the Rocky Mountain Food Safety Conference last week.

Tempeh linked to 83 with Salmonella Paratyphi B in North Carolina and other States

bmarler@marlerclark.com (Bill Marler) — Sun, 20 May 2012 17:20:56 -0800

Paratyphi B is a rare type of salmonella in part because it has a 30-day incubation period as opposed to one to 10 days found in more common types. The disease causes diarrhea that may be bloody, high fever, headache and abdominal pain. It is rarely fatal but can be dangerous to the young, elderly or people with weak immune systems.

Casey Blake of the Asheville Citizen Times reported today that the number of reported cases in a three-month Buncombe-based – Tempeh caused – Salmonella Paratyphi B outbreak is still climbing. The total number of reported cases linked to the outbreak was 83 as of Friday afternoon, 62 of which involved residents of Buncombe County. The total count includes cases of people who visited or otherwise had connections to Buncombe County and were believed to have been exposed to the bacteria here.

Agriculture officials have isolated the strain of salmonella that struck in late February — called paratyphi B — to one ingredient: A starter culture distributed by Tempeh Online of Rockville, Maryland to local company Smiling Hara Tempeh.

Public Health - Time to stop hiding the ball

bmarler@marlerclark.com (Bill Marler) — Sun, 20 May 2012 09:42:24 -0800

Public Health’s job is the Public’s Health and that includes telling us the truth.

Last week I was perplexed when Director Catherine Templeton of the South Carolina Department of Health and Environmental Control (DHEC) announced that a “Spartanburg-area Mexican restaurant” was to blame for a recent E. coli O157:H7 outbreak where at least 10 have been sickened – two with hemolytic uremic syndrome (HUS). According to Director Templeton: “it is our policy not to release information during a pending investigation unless it affects the health of citizens of South Carolina.”

In part I agree, if the investigation is in its infancy, and the agency does not know the source of the outbreak, by all means do not announce it. Of course, by the time Director Templeton named a “Spartanburg-area Mexican restaurant” as the link to the outbreak that began in late April and ended in the first week of May the outbreak was over.

A quick Google search revealed nearly a dozen Mexican-style restaurants in Spartanburg. You have to wonder how angry all but one of those restaurants were? So, you must give credit where credit is due to the owner of the El Mexicana for coming out from the kitchen to say:

“In the interest of all Mexican restaurant in Spartanburg, we felt like it was important to come forward and share what DHEC has determined so far in its investigation and our willingness to assist the agency any way that we can.”

However, I did not see a mention of concern over the customers – perhaps I missed it.

Director Templeton also maintained that it was unnecessary to publically name the restaurant because it no longer posed a health threat. Why should consumers not be told which restaurants have poisoned customers – whether by bad habits or bad supplier decisions – so they can make choices where to take their families to dinner? I think we have an absolute right to know. What right does Director Templeton have to withhold that information?

Hiding the ball from the public as to the source of an outbreak when the outbreak and the investigation is in fact over – especially in the day of instant information via Facebook and Twitter – is not only a waste of time in the long run, but it is a disservice to the taxpaying consumers that Director Templeton is supposed to serve. Not only is it unfair to the other “Spartanburg-area Mexican restaurants” that are not at fault, but history has shown that hiding public health information from the public can be incredibly detrimental to food safety. Here are a few examples:

2011 Taco Bell Salmonella Outbreak - In January of 2012 the CDC announced that a Salmonella outbreak had sickened 68 people in 10 states. While the CDC tracked the source of the outbreak, publically it has only named “a Mexican-style fast food chain restaurant – Restaurant Chain A”. Reporters at Food Safety News ultimately learned from the Oklahoma State Department of Health that the chain in question was Taco Bell.

2011 Schnuck’s Romaine Lettuce E. coli O157:H7 Outbreak - In October of 2011, health officials in Missouri announced that they were investigating an E. coli O157:H7 outbreak. By October 31, county health officials named romaine lettuce from Schnuck’s salad bars as the likely source of the outbreak. On December 7, the CDC released a report linking the outbreak to “a single grocery store chain (Chain A).” In a December 8 news report, Schnuck’s confirmed that it was “Chain A,” though it refused to name its lettuce supplier. In December of 2011, I filed two separate lawsuits against Schnuck’s on behalf of people who were hospitalized due to E. coli O157:H7 infections contracted in the outbreak. Eventually I added Oklahoma-based Vaughan Foods to both lawsuits when I learned the company was the supplier of E. coli O157:H7-contaminated romaine lettuce to Schnuck’s stores.

2009 Caudill Seed and Jimmy John’s Salmonella Outbreak - Between February and March of 2009, 235 people in 14 states became ill with Salmonella. The CDC conducted an investigation that uncovered alfalfa sprouts from a single unnamed grower to be the source of the outbreak. Many of those sickened ate at a restaurant dubbed “Chain A” by the CDC. While the CDC never did release the names of any of the companies involved, on March 15, 2009 the US Food and Drug Administration (FDA) issued an alert indicating the contaminated seeds came from Caudill Seed Company. Later it was discovered that “Chain A” was Jimmy John’s. Jimmy John’s would go on to be involved in a total of 5 foodborne illness outbreaks tied to sprouts before finally pulling sprouts from it menus.

1993 Jack in the Box E. coli O157:H7 Outbreak - It has become common knowledge that a 1993 E. coli O157:H7 outbreak that sickened over 600, hospitalized 144, and killed four was linked to undercooked hamburgers from Jack in the Box. Nonetheless, to this day the CDC only refers to it as “chain A restaurant”.

1982 McDonald’s E. coli Outbreak - While the Jack in the Box outbreak is commonly credited with introducing E. coli O157:H7 to the masses, a decade earlier at least 47 people became ill with severe symptoms of E. coli O157:H7 in Oregon and Michigan. Almost all of those sickened had eaten undercooked hamburgers from McDonald’s – referred to only as “a fast food restaurant chain” in medical journals.

Perhaps if researchers had made the 1982 McDonald’s outbreak more public, the Jack in the Box tragedy never would’ve happened. Perhaps if Jimmy John’s had been publically identified as playing a role in the 2009 outbreak the company would have taken corrective food safety measures and stopped selling sprouts sooner. And, in each of these cases, perhaps innocent people would not have been needlessly sickened, hospitalized or died. Director Catherine Templeton and other health officials at local, state and federal agencies should learn from history and not blindly repeat it.

Organic Pastures Raw Cream, Butter and Cow Manure Positive for Campylobacter - 10 Sickened

bmarler@marlerclark.com (Bill Marler) — Sat, 19 May 2012 19:08:48 -0800

Raw milk products produced by Organic Pastures of Fresno County have been released from a statewide quarantine that began May 10. CDFA imposed the quarantine in response to the detection of campylobacter bacteria, and notification from the California Department of Public Health of reported campylobacter food-borne illnesses in persons consuming Organic Pastures raw milk. CDPH also isolated Campylobacter jejuni from six samples of the dairy’s raw cream, one sample of raw butter and four samples of cow manure from the milking herd.

From January through April 30, 2012, the California Department of Public Health (CDPH) reports that at least 10 people with campylobacter infection were identified throughout California and reported consuming Organic Pastures raw milk prior to illness onset. Their median age is 11.5 years, with six under 18. The age range is nine months to 38 years. They are residents of Fresno, Los Angeles, San Diego, San Luis Obispo and Santa Clara counties. None of the patients have been hospitalized, and there have been no deaths.

It is becoming a harder for Organic Pastures to defend raw milk so vehemently after the dairy has now been linked to 4 outbreaks and 6 recalls.

In 2006, three strains of E. coli O157:H7 were cultured from Organic Pastures' heifers' feces. That same year, the dairy was quarantined after six children became ill with E. coli infections - two with hemolytic uremic syndrome - linked to its raw milk.

In 2007, fifty strains of Campylobacter jejuni plus Campylobacter coli, Campylobacter fetus, Campylobacter hyointetinalis, and Campylobacter lari were cultured from OPDC dairy cow feces after eight people were sickened. See the state report here.

In 2007, Listeria monocytogenes was cultured from Organic Pastures Grade A raw cream.

In 2008, Campylobacter was cultured from Organic Pastures Grade A raw cream.

In November 2011, a cluster of five young children with Escherichia coli (E. coli) O157:H7 infection with matching pulse-field gel electrophoresis (PFGE) patterns was identified. All five children reported drinking commercially available raw (unpasteurized) milk from a single dairy (Organic Pastures) and had no other common exposures. The epidemiological findings led to a quarantine and recall of all Organic Pastures products except cheese aged more than 60 days. Environmental samples collected at Organic Pastures yielded E. coli O157:H7 isolates that had PFGE patterns indistinguishable from the patient isolates.

Salmonella - Tainted Papaya Recalled - Again

bmarler@marlerclark.com (Bill Marler) — Sat, 19 May 2012 10:15:45 -0800

Caribe Produce LTD Co. of McAllen, TX, is recalling 286 cases of Papaya Maradol, Caribeña Brand papayas because they may be contaminated with Salmonella.

Routine testing by the company revealed the presence of Salmonella in the papayas, according to the recall notice. The company says no illnesses have been reported.

The recalled Papaya Maradol, Caribeña Brand cases were distributed in the Bronx, New York in wholesale stores and through retail stores from May 14 to May 17, 2012. The papayas were packed in 35 lb. cartons marked with the brand " Caribeña " and " Product of Mexico" stamped on the side. The papayas are sold individually, and each one bears a label that states "3112 CARIBEÑA Papaya MARADOL PRODUCT OF MEXICO www.grandeproduce.com"

In 2001 Agromod Produce recalled papayas purchased prior to July 23, 2011 after an outbreak of Salmonella Agona that sickened 106 in California, Arizona, New York, Minnesota, Colorado, Washington, Ohio, Pennsylvania, Arkansas, Massachusetts, Georgia, Illinois, Kentucky, Louisiana, Missouri, Nebraska, Nevada, New Jersey, Oklahoma, Tennessee, Texas had been linked to the papayas. The outbreak related illnesses began after January 16 and continued to occur over several months. On August 25, the Food and Drug Administration banned imports of papayas grown in Mexico because of widespread and ongoing salmonella contamination. More than 15 percent of fresh papayas entering the U.S. from Mexico were contaminated with Salmonella.

River Ranch Fresh Foods Recalls Bagged Salad Due to Listeria

bmarler@marlerclark.com (Bill Marler) — Fri, 18 May 2012 17:38:45 -0800

Dr. Ron Chapman, state public health officer and director of California Department of Public Health (CDPH), today warned people not to eat certain bagged salads manufactured by River Ranch Fresh Foods, LLC because they may be contaminated with Listeria monocytogenes. To date, no illnesses have been reported.

River Ranch Fresh Foods, LLC, of Salinas, California, initiated the voluntary recall of bagged salads after routine sampling detected Listeria monocytogenes in two packages of shredded iceberg lettuce purchased from retail locations in California and Colorado. The recalled salad products were distributed nationwide to retail and foodservice outlets under various sizes and packaged under the brand names of River Ranch, Farm Stand, Hy-Vee, Marketside, Shurfresh, The Farmer’s Market, Cross Valley, Fresh n Easy, Promark, and Sysco.

While the bagged salads identified above are no longer being sold, CDPH is concerned that consumers may still have some of the recalled products in their homes. Consumers in possession of this recalled lettuce should discard it or return it to the store of purchase for a refund.

Symptoms of Listeria infection may include high fever, headache, and neck stiffness. Infants, the elderly, and people with weakened immune systems are at highest risk for severe illness and death. Listeria infection in pregnant women can lead to miscarriage or stillbirth, premature delivery, or infection of the newborn baby.

7,000 Pound E. coli Hamburger Recall in South Carolina

bmarler@marlerclark.com (Bill Marler) — Fri, 18 May 2012 17:34:10 -0800

Lancaster Frozen Foods and G&W Incorporated recall beef products in South Carolina

Perhaps it has nothing to do with the E. coli cases annoounced in Spartanburg earlier this week, but the timing is interesting.

Foods and G&W Incorporated are voluntarily recalling about 6,908 pounds of ground beef products that may be contaminated with E. coli according to the S.C. meat and poultry inspection department.

The products in the recall were produced between March 2 and May 11 at Lancaster Frozen Foods and between March 2 and April 12 at G&W. Products were delivered to wholesale and retail establishments in South Carolina. One direct delivery went to General IGA in Walterboro, S.C.

The following products are in the recall:

5 pound bulk packages “Lancaster Frozen Foods Fresh Ground Beef” with Est. # 20 inside the SC mark of inspection.

10 pound boxes of beef patties “Lancaster Frozen Foods Ground Beef Patties” with Est. # 20 inside the SC mark of inspection.

Various size tray packs of ground beef “Lancaster Frozen Foods Fresh Ground Beef”

5-lb. bulk packages “G&W Brand Hamburger” with Est. # 30 inside the SC mark of inspection.

10-lb. boxes of hamburger patties “G&W Brand Hamburger Patties” with Est. # 30 inside the SC mark of inspection.

Various size packages of hamburger “G&W Brand Hamburger”

Lab testing by the meat and poultry inspection department confirmed a positive result for E. coli in a ground product at Lancaster Frozen Foods. That lot was held by the company, but additional ungroud product from the same lot had been used in other production lots resulting in the recall.

No illnesses have been reported, but individuals concerned about an illness should contact a healthcare provider.

Salmonella Tuna Scrape Illnesses Climb Over 300

bmarler@marlerclark.com (Bill Marler) — Thu, 17 May 2012 14:09:11 -0800

CDC finds 316 sick in 26 States the same week that FDA announced multiple manufacturing violations at Moon Marine in India. Questions remain why Tuna Scrape was served raw to customers.

A total of 316 individuals infected with the outbreak strains of Salmonella Bareilly or Salmonella Nchanga have been reported from 26 states and the District of Columbia. The 58 new cases are from Alabama (1), California (2), Colorado (1), Georgia (3), Illinois (4), Indiana (1), Louisiana (1), Maryland (3), Massachusetts (6), New Jersey (1), New York (10), North Carolina (6), Pennsylvania (5), Tennessee (2), Texas (3), Virginia (6), and Wisconsin (3).

Three hundred and four persons infected with the outbreak strain of Salmonella Bareilly have been reported from 26 states and the District of Columbia. The number of ill persons with the outbreak strain of Salmonella Bareilly identified in each state is as follows: Alabama (3), Arkansas (1), California (4), Colorado (1), Connecticut (9), District of Columbia (2), Florida (1), Georgia (13), Illinois (27), Indiana (1), Louisiana (4), Maryland (27), Massachusetts (33), Mississippi (2), Missouri (4), Nebraska (1), New Jersey (26), New York (48), North Carolina (10), Pennsylvania (25), Rhode Island (6), South Carolina (3), Tennessee (4), Texas (7), Virginia (22), Vermont (1), and Wisconsin (19).

Twelve persons infected with the outbreak strain of Salmonella Nchanga have been reported from 5 states. The number of ill persons with the outbreak strain of Salmonella Nchanga identified in each state is as follows: Georgia (2), New Jersey (2), New York (6), Virginia (1), and Wisconsin (1).

Among 316 persons for whom information is available, illness onset dates range from January 28 to May 3, 2012. Ill persons range in age from <1 to 86 years, with a median age of 30. Fifty-nine percent of patients are female. Among 217 persons with available information, 37 (17%) reported being hospitalized. No deaths have been reported.

The FDA Inspection at Moon Marine found that tanks used for storage of process waters have apparent visible debris, filth and microbiological contamination. Sand and activated carbon filter units used in manufacturing of water are not sanitized, and ventilation for tanks is not filtered to protect against contamination. There is no laboratory analysis for water used in ice manufacturing at the REDACTED facility to show the water used to make ice is potable. Ice manufacturing lacks sanitary controls: ice manufacturing equipment at the Moon Fishery facility is located outside and is susceptible to adulteration from pests and the environment. Apparent bird feces were observed on the ice manufacturing equipment at Moon Fishery; insects and filth were observed in and on the equipment. Ice manufacturing equipment at your REDACTED facility is rusty and situated so that the ice cannot be protected against adulteration, as the ice manufacturing process is constructed into the flooring of the ice facility. Tuna processed at your facility, which is consumed raw or cooked, comes in direct contact with water and ice.

Some of the floor and wall tiles in the tuna processing area are broken and cracked, not allowing for proper cleaning. After cleaning, the ceiling directly above the in-process tuna line was observed to have visible product residue. After cleaning, product residues and rust were observed on knives and utensil storage boxes. These knives are used to cut raw tuna. Peeling paint was observed directly above the in-process tuna line. There was no hand drying devices available in the employee rest rooms on the first floor.

As disturbing as the above were the pictures posted on the FDA website that clearly should on the exterior of the boxes that Tuna Scape was supposed to be cooked, not served raw as a “sushi-like” product.

El Mexicano Takes Hit for DHEC E. coli Misstep

bmarler@marlerclark.com (Bill Marler) — Wed, 16 May 2012 18:26:57 -0800

Last week the S.C. Department of Health and Environmental Control (DHEC) did what public health departments should do – announce to the public that an outbreak – especially an E. coli O157:H7 - is happening. However, the DHEC for whatever reason chose to announce the outbreak and then only name the type of restaurant, and hope the public was too stupid or bored to notice that there were close to a dozen Mexican restaurants in the Spartanburg area.

According to a press release today from the DHEC released (apparently worked on by the restaurant under investigation) the DHEC announced that it “finds no ongoing transmission of disease or current public health threat related to a Spartanburg-area Mexican restaurant.”

The DHEC further announced:

"While it is our policy not to release information during a pending investigation unless it affects the health of the citizens of South Carolina, the El Mexicano on East Main Street in Spartanburg has voluntarily agreed to release its name to the public." DHEC Director Catherine Templeton said. "We’ve found no conclusive link between the restaurant and those who have gotten sick during this outbreak."

Translation: Thank you El Mexicano for jumping in front of the bus. And, although the restaurant is the common denominator to the nearly dozen illnesses – including two children who have developed life threatening hemolytic uremic syndrome – no environmental or food samples tested positive for E. coli O157:H7. However, “[t]he most recent case began experiencing symptoms on May 3 and the restaurant was investigated “on May 11 where the facility scored an “A” rating.” Hmmm, I wonder if the same food was in the restaurant in April that was in the restaurant on May 11, or I wonder if the victims ate the evidence?

My strong suspicion is that DHEC Director Catherine Templeton knows nothing about public health and the good work of epidemiology. My bet is that she also cares a whit about the public’s right to know.

Diamond Pet Food Plant Link to Salmonella Outbreak - FDA 483

bmarler@marlerclark.com (Bill Marler) — Wed, 16 May 2012 08:45:23 -0800

As of May 11, at least 15 people in nine states and one person in Canada had been confirmed infected with Salmonella from contact with the contaminated dry dog food or from contact with a pet that had eaten the tainted product, according to the Centers for Disease Control and Prevention (CDC).

The Form 483 report, posted by the FDA late Tuesday afternoon, was the result of a week-long inspection that began April 12 after an outbreak of human Salmonella Infantis infection was traced to contaminated pet food manufactured at the Diamond Pet Foods plant in Gaston, S.C.

The report states that Diamond was using cardboard and duct tape on some of its equipment and that there were damaged paddles on the conveyor. The inspectors also noted that some surfaces at the facility were encrusted with food residues.

FDA inspectors specifically listed these four observations:

OBSERVATION 1

All reasonable precautions are not taken to ensure that production procedures do not contribute contamination from any source.

Specifically, no microbiological analysis is conducted or there is no assurance that incoming animal fat will not introduce pathogens into their production and cause contamination of finished product. Also, the firm's current sampling procedure for animal digest does (sic) preclude potential for adulteration after sampling and during storage in warehouse. On 4/13/12, an employee was observed touching in-line fat filter and oil with bare hands.

OBSERVATION 2

Failure to provide hand washing and hand sanitizing facilities at each location in the plant where needed.

Specifically, there are no facilities for hand washing or hand sanitizing in the production areas where there is direct contact with exposed finished feed/food.

OBSERVATION 3

Failure to maintain equipment, containers and utensils used to convey, hold, and store food in a manner that protects against contamination.

Specifically, paddles in conveyor (South or Middle conveyor leading to the screeners going to packaging) were observed to have gouges and cuts, which exhibited feed residues. The damage to the paddles may allow for harborage areas for microorganisms and are difficult to clean and sanitize.

OBSERVATION 4

Failure to maintain equipment so as to facilitate cleaning of the equipment.

Specifically, firm utilizes cardboard, duct tape, and other non cleanable surfaces on equipment. These materials were observed to have residues adhering. The foam gaskets around access doors to the bucket elevators were observed in deteriorating condition and exhibited an accumulation of feed residues and dust.

Diamond Pet Foods recalled nine brands of dry pet foods manufactured at its Gaston plant between Dec. 9, 2011 and April 7, 2012. Several other companies whose food was also produced in the facility have joined the recall. See eFoodAlert for the most up-to-date information on the recall and product distribution.