Currently browsing posts about: Food-safety

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.

Thanks to Carol for this question: “I am wondering if you are planning to write anything about the current Salmonella Tennessee in hydrolyzed vegetable protein..and how it just might be in “everything.”

I wasn’t planning to make a big deal of the recall of hydrolyzed vegetable protein (HVP) – and the more than 100 products containing this flavor ingredient in the United States and in Canada – because the FDA seems on the job and nobody is getting sick (as far as we know).

But this one now looks like another food safety scandal.

To begin with, HVP is one of those fifth flavor, umami substances.  As the FDA explains,

HVP is a flavor enhancer used in a wide variety of processed food products, such as soups, sauces, chilis, stews, hot dogs, gravies, seasoned snack foods, dips, and dressings. It is often blended with other spices to make seasonings that are used in or on foods.

Translation: it is indeed in everything.

This scandal begins with a whistle-blowing customer of Basic Food Flavors, the manufacturer of HVP.  The customer ‘s company apparently tests its purchased ingredients for pathogens (what a concept!).  It found Salmonella in the HVP.  Sometime early in February, it notified the FDA.

The FDA inspected the Basic Food Flavors plant on February 12 and found Salmonella.   It also found records indicating that HVP tested positive for Salmonella on January 21.  What did the company do about the test?  Not a thing.  It continued to ship out products.

As the FDA described its findings:

After receiving the first private laboratory analytical results (Certificate of Analysis dated 1/21/2010) indicating the presence of Salmonella in your facility, you continued to distribute paste and powder products until 2/15/2010. Furthermore, from 1/21/2010 to 2/20/2010, you continued to manufacture HVP paste and powder products under the same processing conditions that did not minimize microbial contamination.

The FDA further explains [my emphasis]:

The FDA then began discussions with Basic Food Flavors regarding the firm’s intentions to conduct a voluntary recall of the HVP the company had made, in both powder and paste form, manufactured on or after Sept. 17. On Feb. 26, 2010, Basic Food Flavors began notifying its customers that it was recalling all of the HVP product in powder and paste form made since Sept. 17.

The FDA announced the recall on March 4.

This means that from January 21 until at least February 20, the company continued to ship HVP potentially contaminated with Salmonella.

Then, over the next six days, the FDA had to beg Basic Food Flavors to issue a recall.  The company may have started notifying customers on February 26 but the FDA did not announce the recall until March 4, weeks after the first findings of Salmonella.

Do we need more evidence that the FDA needs the authority to order recalls?  And when is Congress going to get around to passing the food safety bill?  The last I heard, they were talking about May, maybe.  At best, this would be nine months after the House passed the bill last August.

Undoubtedly, this situation is frustrating for the FDA.  But it is downright dangerous to us.   It’s time to scream at Congress to act.

Addendum: The fallout from the recall is just beginning.  Windsor Farms of Lampasas, Texas and Oakland, Mississippi is recalling 1.7 million pounds of ready-to-eat beef taquito and chicken quesadilla products+ containing HVP.   Procter & Gamble is recalling Pringles Restaurant Cravers Cheeseburger potato crisps and Family Faves Taco Night potato crisps.  And here are some more:

The Wyoming House of Representatives, in its infinite wisdom, has introduced House Bill 54, the Food Freedom Act, ostensibly to “allow for traditional community social events involving the sale and consumption of home made foods and to encourage the expansion and accessibility of farmers’ markets, roadside stands, ranch, farm and home based sales and producer to end consumer agricultural sales by:

• Promoting the purchase and consumption of fresh and local agricultural products
• Enhancing the agricultural economy
• Encouraging agri-tourism opportunities in Wyoming
• Providing Wyoming citizens with unimpeded access to healthy food from known sources
• Encouraging the expansion and accessibility of farmers’ markets, roadside stands, ranch and farm based sales and direct producer to end consumer agricultural sales.”

Doesn’t this sound great?

It might, except that the Act exempts from licensing everyone who sells foods directly to consumers at farmers’ markets, roadside stands, or at home.

Bill Marler, the Seattle lawyer who represents victims of food poisonings, thinks the law should be retitled, “The Bill Marler Full Employment Act.”

Let’s hope the Wyoming legislature rethinks this bill.  My endlessly stated opinion: Everyone who produces food, even small food producers, should be required to produce food that is safe.

Consumers Union tested a couple of hundred samples of bagged salads, organic and not.   The results? Nearly 40% contained levels of coliform bacteria higher than safety standards.  Coliforms indicate fecal contamination.  This is disgusting to think about but does not make anyone sick.

So the Consumers Union results could be reassuring or not, depending on whether you are an optimist or pessimist.  Yes, the coliform levels were high, but none of the samples contained toxic forms of E. coli, such as O157:H7.

Still, the high frequency suggests that bagged salads need either much better washing or much better maintenance of the cold chain (so the bacteria don’t grow), or both.  If nothing else, the report is a good reason why it’s important to give bagged salads a thorough washing before you eat them or serve them to anyone.

Consumers Union makes a big point of the need to get food safety legislation moving.  The House passed its version of a bill at the end of last July.  The Senate hasn’t budged on its bill.   In the meantime, we still have major national outbreaks and recalls.

The most recent?  225 people in 44 states plus the District of Columbia ill from Salmonella because they ate salami coated with contaminated black pepper. We still don’t have a food safety system that works.  We need one fast.