Currently browsing posts about: Food-safety

Bill Marler, the Seattle attorney whose firm represents victims of foodborne illness, has seen the best and worst of company behavior when faced with pressures to “voluntarily” recall tainted products.  Here is his guide to good corporate behavior under difficult circumstances.  It begins with “don’t produce tainted products in the first place.”   But, alas, if you do:

First, have a pre-existing relationship with the folks that regulate you. If someone holds your business in the palm of his or her hand, you should at least be on a first name basis. No, I am not suggesting that you can influence your way out of the outbreak, but knowing who is telling you that your company has a problem allows you the ability to get and understand the facts. Do regulators and their investigators make mistakes? Perhaps, but not very often and not often enough to waste time arguing that your company did not poison customers.

Second, stop production of the implicated product and initiate a recall of all products at risk immediately. This procedure should have been practiced, and practiced, and practiced before. All possibly implicated suppliers should be alerted and all retailers should be offered assistance. Consumers need to be engaged too. The goal now is to get poisoned product out of the marketplace and certainly out of the homes of consumers.

Third, launch your own investigation with two approaches, and at the same time. Are the regulators correct? And, what went wrong? Tell everyone to save all documents (you have to anyway). The goal here is to get things right. If it really is not your product, what has happened is bad, but survivable. If it really was your product, then learning what happened helps make sure it is likely to never happen again. More than anything, be transparent. Tell everyone what you find–good or bad.

Fourth, assuming that the outbreak is in fact your fault, publicly admit it. If it is not your fault, then fight it. However, pretending that you are innocent when you are actually at fault will get you nowhere. Asking for forgiveness is not a bad thing when you have something to be forgiven for. Saying you are sorry is not wrong when you are in fact wrong.

Fifth, do not blame your customers. If your food has a pathogen it is not your customers’ responsibility to handle it like it will likely kill them or a member of their family. Hoping that the consumer will fix your mistake takes your eye off of avoiding the mistake in the first place.

Sixth, reach out to your customers and consumers who have been harmed. Offering to pay legitimate losses will save money and your company’s reputation in the long run.

Seventh, teach all what you have learned. Do not hide what you have learned. Make your knowledge freely available so we all limit the risk that something similar will happen again.

In other words, do the right thing.  Excellent advice.

But Mr. Marler cites no examples.  I wonder if there are companies that actually did all this?  It would be good to know who they are.

Food safety is in the news again.

Congressman John Dingell (D-Mich) is calling on the Senate to get busy and pass the food safety bill that it has been sitting on for the last ten months: “I urge my Senate colleagues to acknowledge this important threat and make legislation addressing it a priority. Until the Senate acts, American families will continue to be at risk.”

If this bill ever passes it will require food companies to develop food safety plans, authorize the FDA to order recalls, and give the FDA better access to company records.

But will it do any good?

Here is one view from Dennis Stearns, counsel in the Seattle law firm, Marler & Clark, which represents victims of foodborne illnesses.  In a piece in Food Safety News, “What the oil spill can teach us about food safety,” he notes the endlessly repetitive responses–all talk, no action–to food safety and other crises involving corporate irresponsibility.

He quotes USDA Secretary Vilsack saying, “You can’t have two [food safety] systems and be able to reassure people you’ve got the job covered…This [referring to the peanut recalls of last year] is a grand opportunity for us to take a step back and rethink our approach.'”

Stearns’ piece concludes with this comment on Vilsack’s remarks:

Sadly, this was not the first time that someone had pointed out the need for systemic revision to food safety regulation and inspection in the United States. And neither was it the first time that expressions of outrage over people dying from foodborne illness were followed by no real changes at all. And all I can say about that is: I’m shocked! No, really, I’m shocked!

In contrast, Jim Prevor,who writes as the Perishable Pundit, writes in the online New Atlantis: A Journal of Science and Technology that fixing the FDA will do little to address food safety problems.  Instead, he recommends:

• Fix the liability system so retailers as well as producers are liable and make it legal negligence, not strict liability.
• Root out bribery and corruption in food safety certification.
• Invest in state testing laboratories.
• Invest in food safety research.
• Revitalize the Agricultural Extension Service.
• Educate consumers.

I’m not sure about the legal liability issues, but most of the rest are really good ideas and would help a lot.  Of course consumers should follow food safety procedures but how about getting safe food to them in the first place?

None of this will happen without policy changes, which is why the food safety legislation matters so much.  It’s a national scandal that the Senate is still sitting on that bill.

The USDA does terrific research on many useful topics.  Here is a sample of some just in.

STATE FACT SHEETS:  data on population, per-capita income, earnings per job, poverty rates, employment, unemployment, farm characteristics, farm financial characteristics, top agricultural and export commodities.

WIC PROGRAM: research, publications, and data related to WIC (Special Supplemental Nutrition Program for Women, Infants, and Children). WIC served 9.1 million participants per month at a cost of $6.5 billion in 2009.

FEED GRAINS DATABASE: statistics on domestic corn, grain sorghum, barley, and oats; foreign grains plus rye, millet, and mixed grains. You can also get historical information through custom queries.

LIVESTOCK, DAIRY, AND POULTRY OUTLOOK:  current and forecast production, price, and trade statistics.

AGRICULTURAL OUTLOOK STATISTICAL INDICATORS: commodity and food prices, general economic indicators, government program expenditures, farm income estimates, and trade and export statistics.

ASPARAGUS STATISTICS: acreage, yield, production, price, crop value, and per capita use; also world area, production, and trade.

FOODBORNE ILLNESS COST CALCULATOR:   the cost of illness from specific foodborne pathogens, depending on the  annual number of cases, distribution of cases by severity,  use or costs of medical care, amount or value of time lost from work,  costs of premature death, and disutility costs for nonfatal cases.

ORGANIC FARMERS: explains why use of organic practices in U.S. lags behind other countries, differences and similarities between organic and conventional farmers, reduced consumer demand resulting from the weaker U.S. economy,  and potential competition from the “locally grown” label.

LOCAL FOOD SYSTEMS: defines local food,  market size and reach,  characteristics of local consumers and producers, and  economic and health impacts.  Addresses whether localization reduces energy use or greenhouse gas emissions (inconclusive).

BIOFUELS: Reaches 88 million gallons in 2010 as a result of one plant becoming commercially operational in 2010, using fat to produce diesel. Challenges include reducing high costs and overcoming the constraints of ethanol’s current 10-percent blending limit with gasoline.

Thanks to USDA for producing data that policy wonks like me just love to cite.

Bill Marler, the Seattle attorney who represents victims of food poisonings, consistently urges federal food safety agencies to reveal what they know so consumers can protect themselves from unsafe food.

He is especially annoyed that the FDA has not revealed the name of the farm in Yuma, Arizona, linked to the bagged romaine lettuce that has sickened more than 30 people in several states so far with the unusual form of E. coli, 0145.

Marler knows how to get information (although not always accurate results, apparently – see update below).  He first offered $5,000–and later offered $10,000–as a reward to anyone who revealed the name of the farm before the FDA did (the money goes to charity).  He got two takers. Both identified a particular firm in California as the source.

Update, May 22:  I received a message today from Leslie Krasny, partner in the law firm of  Keller and Heckman, LLP, San Francisco, which represents the farm named by those sources.  She advises me that there is no evidence linking her client’s romaine lettuce to the outbreak and that her client is not even under investigation by the FDA.  She asks that I delete reference to her client, which I have done.  Mr. Marler also has done so.

It’s deja vu all over again with the recent recall of bagged romaine lettuce contaminated with a toxic form of E. coli.  The lettuce came from a central wash-and-bag facility that sent products out to food service companies in several states making about 30 people sick so far.

The one new development is the strain of E. coli: 0145, not O157:H7.  Despite decades of worry that other STECs (Shiga Toxin-producing strains of E. coli) cause serious human illness, state health departments don’t routinely test for 0145.  Clearly, they need to.

The FDA and CDC are both working on this case.

• The CDC page on the outbreak summarizes the situation as of May 12.
• The most recent FDA news announcement (May 10) confirms the connection between the bagged lettuce and cases of E. coli 0145.

FoodSafetyNews.com has a complete report on the situation to date.  It examines the possible source of 0145 in a three-part series:

• Part I: Dust and mud
• Part II: Wildlife intrusions
• Part III: Irrigation water

Meanwhile, the USDA issued compliance guidelines for reducing Salmonella and Campylobacter in poultry.  That’s nice, but what about STECs?

And the GAO has just issued a new report, FDA Could Strengthen Oversight of Imported Food by Improving Enforcement and Seeking Additional Authorities (don’t you love those titles?).  The report focuses on weaknesses in FDA’s oversight of food imports.

FoodQualityNews.com has a short but tough summary:

There are about 189,000 registered foreign sites where food is made for sale in the United States, according to the report. Of those, the FDA inspected just 153 in 2008…Meanwhile, the amount of food imported into the United States is increasing, and now accounts for 15 percent of the total food supply, including 60 percent of fresh fruits and vegetables and 80 percent of seafood.

What more evidence do we need for the urgency of passing food safety legislation?  Reminder: the Senate has been sitting on a food safety bill since the House passed it last August.  Apparently, this Congress this food safety can wait.  Tell that to the people who got sick from eating bagged romaine lettuce.

On April 16, the CDC published its annual report on foodborne illnesses in a ten-state sample.  CDC writes in passive voice and it’s a struggle to get to the good news:

In comparison with the first 3 years of surveillance (1996–1998), sustained declines in the reported incidence of infections caused by Campylobacter, Listeria, Salmonella, Shiga toxin-producing Escherichia coli (STEC) O157, Shigella, and Yersinia were observed…Compared with the preceding 3 years (2006–2008), significant decreases in the reported incidence of Shigella and STEC O157 infections were observed.

Some consumer groups urge caution in interpreting the drop in toxic E. coli cases, as previous drops have rebounded.

And then there’s the not-so-good news: “The incidence of Vibrio infection continued to increase.”

Vibrio infections reflect the oyster problem I talked about last fall.  The gulf oyster industry is still fighting the FDA over methods to decrease these preventable infections.  Perhaps this bad news will encourage the FDA to get busy and regulate oyster safety.

The Inspector General of the Department of Health and Human Services is worried about FDA’s inspection ability:

• On average, FDA inspects less than a quarter of food facilities each year, and the number of facilities inspected has declined over time.
• Fifty-six percent of food facilities have gone 5 or more years without an FDA inspection.
• The number of facilities that received OAI [Official Action Indicated] classifications has declined over time.  In addition, nearly three-quarters of the facilities that received OAI classifications in FY 2008 had a history of violations. Two percent of facilities that received OAI classifications refused to grant FDA officials access to their records.
• FDA took regulatory action against 46 percent of the facilities with initial OAI classifications; for the remainder, FDA either lowered the classification or took no regulatory action.
• For 36 percent of the facilities with OAI classifications in FY 2007, FDA took no additional steps to ensure that the violations were corrected.

This is also bad news.  Worse, is congressional inaction over food safety.  The House passed its food safety bill–one designed to fix the FDA–last August.  The Senate has yet to deal with its version.  Can food safety wait?  No, it must not.

It’s the weekend and I’m cleaning out my e-files.  The Government Accountability Office (GAO), the congressional watchdog agency, has just released a bunch of reports complaining about the way the FDA and USDA do business:

Food Irradiation: FDA Could Improve Its Documentation and Communication of Key Decisions on Food Irradiation Petitions (GAO-10-309R, February 16, 2010, 23 pages).

labels on food products subject to FDA jurisdiction do not have to be reviewed and preapproved by FDA before marketing. Rather, the processor is responsible for properly labeling its products. In fact, FDA officials told us that they do not collect information on how irradiated foods are labeled and marketed. In contrast, USDA reviews and preapproves all labels before use on meat and poultry products and has denied label submissions that do not meet its requirements…FDA does not require the product’s ingredient list to disclose that a particular ingredient has been irradiated, while USDA generally does.

Food Safety: FDA Should Strengthen Its Oversight of Food Ingredients Determined to Be Generally Recognized as Safe (GRAS) (GAO-10-246, February 3, 2010, 69 pages).

FDA only reviews those GRAS determinations that companies submit to the agency’s voluntary notification program…the agency has not systematically reconsidered GRAS substances since the 1980s… FDA has largely not responded to concerns about GRAS substances, such as salt and the trans fats in partially hydrogenated vegetable oils, that individuals and consumer groups have raised through 11 citizen petitions submitted to the agency between 2004 and 2008…FDA’s approach to regulating nanotechnology allows engineered nanomaterials to enter the food supply as GRAS substances without FDA’s knowledge. In contrast to FDA’s approach, all food ingredients that incorporate engineered nanomaterials must be submitted to regulators in Canada and the European Union before they can be marketed.

Food safety note #1: This arrives in the middle of the latest set of FDA recalls, this time of nearly 100 products made with a flavor enhancer, hydrolyzed vegetable protein, contaminated with Salmonella.

Food safety note #2: the Produce Safety Project at Georgetown University has estimated the cost of foodborne illness:  $152 billion annually, of which $39 billion is due to leafy greens and other vegetables.

Food and Drug Administration: Opportunities Exist to Better Address Management Challenges. (GAO-10-279, February 19, 2010, 54 pages).

Through reviewing reports…GAO determined that FDA’s management challenges include recruiting, retaining, and developing its workforce; modernizing its information systems; coordinating internally and externally; communicating with the public; and keeping up with scientific advances…While FDA has taken steps to align its activities and resources to strategic goals, these efforts in its centers and offices are not clear, making it difficult to connect the agency’s use of resources to the achievement of its goals.

If you feel gossipy (or want to interpret the raw data for yourself), you can read what FDA staff actually told GAO interviewers.

Humane Methods of Slaughter Act: Actions Are Needed to Strengthen Enforcement (GAO-10-203, February 19, 2010, 60 pages). [The actual survey responses are here.  And a shorter version given as testimony is here.]

The guidance does not clearly indicate when certain enforcement actions should be taken for an egregious act–one that is cruel to animals or a condition that is ignored and leads to the harming of animals. A noted humane handling expert has stated that FSIS inspectors need clear directives to improve consistency of HMSA enforcement. According to GAO’s survey, FSIS’s training may be insufficient.

This, one can only assume, is an understatement.

The GAO does important work, no?  Now if only government agencies would listen to it.

My most recent column in the San Francisco Chronicle appeared later than usual (March 14) so I forgot to post it when it came out.  It deals with Listeria in pregnancy:

A guide to avoiding Listeria

Nutrition and public policy expert Marion Nestle answers readers’ questions in this monthly column written exclusively for The Chronicle. E-mail your questions to food@sfchronicle.com, with “Marion Nestle” in the subject line.

Q: I miscarried at 19 weeks of pregnancy. My doctor said my placenta was infected with Listeria, only her second case in 20 years of practice. I am your typical Bay Area food lover. I thought if I knew the sources of most of my food, I’d be safe. What is safe for pregnant women to eat in the post-Michael Pollan era?

A: Thanks for allowing your personal tragedy to alert others to this hazard. Losing a wanted pregnancy is a heartbreak. Losing one to a food-borne illness is especially tragic. Such illnesses should be preventable.

Food should be safe before it gets to you. That it sometimes is not is a consequence of our inadequate food safety system, which does not require food producers to test for harmful bacteria. The House of Representatives passed legislation that does so last summer, but the Senate is sitting on it. As an individual, you cannot easily protect yourself against invisible hazards in food. Congress must pass that legislation.

Without federal requirements, you are on your own to keep yourself and your unborn infant safe from food pathogens, especially Listeria. Much as I hate to add to what the French sociologist Claude Fischler calls “Listeria bacteria hysteria,” I must. Listeria preferentially affects pregnant women. If you are pregnant and want to stay pregnant, you must avoid Listeria.

This will not be easy. Listeria is widely dispersed in foods. Infections from it may be rare, but they are deadly. Listeria kills a shocking 25 percent of those it infects and is particularly lethal to fetuses.

Most people, including pregnant women, are immune to Listeria and do not feel ill when infected. But unlike most bacteria, Listeria penetrates the placenta, and fetuses have no immunity. The first sign of an infection can be a miscarriage or stillborn infant – too late for antibiotics.

How worried should pregnant women be about Listeria? Given our ineffective food safety system, I’d advise caution. The Centers for Disease Control and Prevention report 2,500 cases a year and 500 deaths. These numbers are minuscule – unless your pregnancy is affected.

Cases occur mainly among the young, the old and others with poor immunity. But the cause of miscarriages is not typically investigated, and I’m guessing that fetal deaths from Listeria are badly underreported.

Animals and people often excrete Listeria from their digestive tracts, even when they show no signs of illness. The bacteria get into food from infected animal waste and unwashed hands.

As a result, unpasteurized milk products and contaminated raw vegetables are frequent food sources. Other sources depend on yet another of Listeria’s nasty features – Listeria grows, reproduces and flourishes at refrigerator temperatures that stop other bacteria cold.

This explains why the CDC strongly advises pregnant women not to eat potentially undercooked foods stored in refrigerators: hot dogs, lunch meats, deli meats, patés, meat spreads and smoked seafood (salmon, trout, lox, jerky); soft cheeses such as feta, Brie, Camembert, those with blue veins, and especially Mexican “queso blanco fresco”; and raw milk or foods containing unpasteurized milk.

Even though some of these foods were cooked or pasteurized to begin with – blue cheese, for example – they can become contaminated after processing. Days or weeks of refrigeration give Listeria ample time to reproduce. Just about any food sitting around in a refrigerated package can be a source, with meat, fish and dairy foods especially suspect.

The CDC advises following safe food handling procedures to the letter at home. Avoid cross-contaminating raw and cooked foods, and use refrigerated perishables right away.

Listeria infections were virtually unknown 25 years ago, so view this hazard as collateral damage from the consolidation and centralization of our industrialized food supply.

Do not despair. There is some good news. Cooking kills Listeria. Pregnant women still have plenty of options for good things to eat that are safe.

Anything cooked hot is safe. So are hard cheeses, semisoft cheeses like mozzarella, pasteurized processed cheeses, and cream and cottage cheeses. These were cooked or are now too dry and salty for bacterial growth. Anything canned – patés, meat spreads, smoked fish, other fish – also is safe.

When it comes to food hazards during pregnancy, Listeria is unique. A sip of wine every now and then is not going to induce fetal alcohol syndrome, nor will your baby get mercury-induced brain damage from an occasional tuna sandwich. The risks from such hazards accumulate with amounts consumed over time.

But the risk from Listeria is acute. With so much at stake, and so many other food choices available, why take chances?

Just last month, the Food and Drug Administration reported recalls of queso fresco, blue cheese and bean sprouts because of possible Listeria risk. The FDA is doing its best, short of legislation. To keep Listeria out of the food supply, Congress needs to act. Write your representatives now.

Marion Nestle is the author of “Food Politics, “Safe Food” and “What to Eat,” and is a professor in the nutrition, food studies and public health department at New York University. E-mail her at food@sfchronicle.com and read her previous columns at sfgate.com/food.