Currently browsing posts about: Food-safety

As always, I am indebted to Bill Marler for staying on top of the latest food safety scandals.  This one is even more complicated than most.  According to the CDC, 187 people in 39 states have become ill from Salmonella Montevideo (for some reason, I’m unable to get into the CDC site today although the map of the distribution of cases is available and Marler has yesterday’s version posted in full on his site).

Here’s what I find especially interesting about this one:

• Cases have been reported at a relatively steady rate since the beginning of July – more than six months ago.

• Athough the food source is still questionable, a company in Rhode Island, Daniele International, recalled 1.24 million pounds of pepper-coated salami.

• In January (did they not do any of this earlier?), the CDC conducted a study to compare foods eaten by 39 sick and 39 healthy people.  Among those who were sick, 51% said they were more likely to have eaten Daniele salami than people who were not sick (15 percent).  In addition, 11 other people said they bought Daniele salami before they became ill.

• These kinds of studies are really hard to do.  As William Keene, senior Oregon epidemiologist explained (quoted on the Marler blog), people “were questioned left and right and they were asked about salami and very few of them said yes….Investigators re-interviewed people who were thought to be part of the outbreak, such as members of a hunting party from the South who had been to the Great Plains and responded to new questions with answers such as, “Now that you mention it, we did stop at a Wal-Mart in South Dakota and buy some salami.”

• Daniele issued the recall because a private testing lab identified Salmonella in one of its salami products.  But that Salmonella strain was not Montevideo.  Could multiple strains be involved?

• Daniele did the recall anyway and mentioned that pepper might be the source of the Salmonella.  Was it?  If so, this is by no means the first time that Salmonella has been associated with pepper, as Marler explains.

• The public relations firm that has attempted damage control on previous food outbreaks is doing this one too.

Is this salami or pepper, Daniele salami or not?  So far, we still are dealing with guilt by association, but public relations?  How about just producing safe food in the first place?

And in more food safety news, let’s all congratulate President Obama for finally appointing someone to lead food safety efforts in USDA – Dr. Elizabeth Hagen.  Dr. Hagen has been at USDA and knows how that organization works.  Let’s hope she starts making waves today!

Congress: now it’s your turn.  Pass that food safety bill!

My San Francisco Chronicle column, now appearing in print on the first Sunday of the month, is also online.

Its title:  “Hot food issues ready to boil over this year.”

Q: What do you think will happen with food and nutrition in 2010?

A: I wish I could read the leaves while I drink tea, but the best I can do is tell you which issues I’m going to be watching closely this year.

Hunter Public Relations recently asked 1,000 Americans which food-related issues they thought were most important in 2009. The top three? Food safety, hunger and food prices. For the decade, the winner was childhood obesity.

I have my own top 10 list of hot-button issues for 2010, and here they are:

• Hunger: More than 35 million Americans get benefits to which they are entitled under the Supplemental Nutrition Assistance Program (formerly, food stamps). The economy may be improving, but not quickly enough for millions who have lost jobs, health care and housing. Will Congress do anything this year to strengthen the safety net for the poor? It needs to.
• Childhood obesity: Rates of childhood obesity may have stabilized, but we all want to figure out how to prevent kids from gaining so much weight that they develop adult chronic diseases. I expect to see more efforts to improve school food and make neighborhoods more conducive to walking to school, riding bikes and playing outside.
• Food safety regulation: Congress is sitting on a bill to give the Food and Drug Administration some real authority for food safety. The bill does not do what is most needed – establish a single food-safety agency – but is a reasonable step in the right direction. Let’s hope Congress gets to it soon.
• Food advertising and labels: The long-dormant FDA and Federal Trade Commission are getting busy at last. In the wake of the Smart Choices fiasco, the FDA is working to make package labels less misleading and easier to understand. The agencies have proposed nutrition standards for products marketed to children. These voluntary standards fall far short of my preference – an outright ban on marketing junk foods to kids – but puts food companies on notice that their products are under scrutiny. The FDA is also working on designs for front-of-package labels. I’m hoping it chooses a “traffic-light” system that marks foods with a green (any time), yellow (sometimes) or red (hardly ever) dot. Expect plenty of opposition from the makers of red-dotted products.
• Meat: The meat industry has been under fire for raising food animals under inhumane conditions, using unnecessary hormones and antibiotics, mistreating immigrant labor, and polluting soil and water. Now it is also under fire for contributing to climate change. Recent films like “Food, Inc.” and “Fresh” and books such as Jonathan Safran Foer’s “Eating Animals” are encouraging people to become vegetarians or to eat less meat to promote the health of people and the planet. I’ll bet the meat industry pushes back hard on this one.
• Sustainable agriculture: The back-to-the land movement has loads of people buying local food, choosing foods produced under more sustainable conditions and growing their own food. The number of small farms in America increased last year for the first time in a century. Seed companies cannot keep up with the demand. It will be fun to follow what happens with this trend.
• Genetically modified (GM) foods: My book, “Safe Food,” comes out in a new edition this year, so I am paying especially close attention to debates about GM foods. The FDA’s 1994 decision to prohibit labeling of GM foods continues to haunt the food biotechnology industry. By now, nearly all American soybeans and sugar beets (95 percent) are GM, as is most corn (60 percent). But when the U.S. Department of Agriculture approved GM sugar beets in 2005, it neglected to perform the required environmental impact assessment. On that basis, environmental groups want to ban further planting of GM sugar beets. The dispute is now in the courts.
• Chemical contaminants: The FDA has yet to release its report on the safety of bisphenol A, the plastic chemical that acts as an endocrine disrupter. Shouldn’t it be banned? The bottling industry says no. Watch for fierce arguments over this one.
• Salt: Nutrition standards allow 480 mg sodium (the equivalent of more than 1 gram of salt) per serving. A half cup of canned soup provides that much. A whole cup gives you 4 grams and the whole can gives you 8 grams – much more than anyone needs. Nearly 80 percent of salt in American diets comes from processed and restaurant foods. Companies are under pressure to cut down on salt. Will they? Only if they have to.
• Dietary advice: The new edition of Dietary Guidelines for Americans, which the government publishes every five years, is due this year. What will it say? I can’t wait to find out.

Those are the issues I am tracking these days. My one crystal-ball prediction? We will be hearing a lot more about them this year.

Happy new year!

USDA is the agency supposedly responsible for the safety of meat and poultry.  Unlike FDA, which is responsible for the safety of just about all other foods, USDA gets to impose HACCP (science-based food safety regulations) on meat and poultry.  It just doesn’t bother to enforce its own rules.  Hence recent events:

Consumer Reports, which for decades has been testing supermarket chickens for microbial contaminants, has just  tested chickens again. Sigh. Two-thirds were contaminated with Salmonella or Campylobacter. You will be relieved to know that this is an improvement. It was 80% the last time Consumer Reports did the testing.

In an effort to get USDA and the poultry industry moving on this problem, Senator Dianne Feinstein (Dem-CA) has introduced a bill to prohibit the sale of meat that has not been certified free of pathogens. Based on what’s been happening with meat safety, I’m betting it won’t get far.

So let’s talk about meat safety.  For this, we should all be reading USA Today, which seems to be one of the last newspapers in America still funding investigative reporting.  Its latest blockbuster is an account of the 826,000-pound recall by Beef Packers, Inc. (a subsidiary of Cargill) a few months ago. The meat made at least 28 people ill as a result of infections with a strain of Salmonella Newport highly resistant to antibiotics.

That’s bad enough, but it gets worse.  Beef Packers is a major supplier of meat to the USDA’s school lunch program. But oops.  The recall covered meat sent to retailers.  It did not cover meat sent to schools. According to the intrepid reporters at USA Today, USDA bought 450,000 pounds of ground beef produced by Beef Packers during the dates covered by the recall.

USDA should have known better.  Beef Packers had a history of positive Salmonella tests but the USDA did not disclose that information. An official told USA Today that doing so

would discourage companies from contracting to supply product for the National School Lunch Program and hamper our ability to provide the safe and nutritious foods to American school children.

You can’t make these things up.  USA Today provides the documents on its site to prove it.

I missed the earlier article in the USA Today series about school lunches in general and Del Rey Tortillas in particular, a company implicated in 20 cases of school food poisonings since 2003. Check out the article’s quick facts-and-figures about school lunches, the nifty interactive timeline for the Del Rey episodes, and the raft of documents in this case.

Good work, reporters. If you want to know why we need newspapers, here’s a good reason.

As for USDA: the new administration at the agency shows many signs of wanting to do the right thing about food safety but they have to deal with entrenched staff and inspectors who have been cozy with industry far too long.  USDA: deal with it!

Coming soon: updates on FDA and FTC.

Alas, Congress did not pass food safety legislation by Thanksgiving, and I’m getting lots of requests to comment on it.  For example, Johannes G writes: “Marion, I’m usually spot on with you about a lot of things you talk about, but your final comment truly irritates me. We don’t need more regulatory policy, we need a food policy that makes sense.”

Actually, I think we need both.  No question, a better food safety regulatory policy is high on my priority list.  Why?  Because the food industry will never produce safe food voluntarily.  It’s time to give regulation a try, and now is the time.  While the window of opportunity is open, we need to convince Congress to act.

Current legislative proposals

To recap where we are on this: the House passed H.R. 2749, the Food Safety Enhancement Act last July. The Senate is currently considering S. 510, the FDA Food Safety Act.  Some version of these bills seems likely to pass, although it is not at all clear by when.

Although food safety advocates generally agree that we need a single food safety agency that integrates the activities of USDA and FDA, these bills are designed to fix the FDA alone, not the overall food safety system. For a quick take on the provisions of some of the bills under consideration, see the summary chart produced by the Center for Science in the Public Interest.

The bills require science-based (HACCP-type) processes for producing food, starting on the farm. And at long last they authorize the FDA to order recalls or detain foods deemed unsafe. No, the FDA does not already have these basic tools.  It needs them.

One more time on HACCP: It means Hazard Analysis Critical Control Point with Pathogen Reduction.  Translation: identify where in the production process contamination might occur, take steps to prevent contamination from occurring at those points, document that the steps were taken, monitor and inspect periodically to make sure the documentation is accurate, and test to make sure no contamination has occurred.

Without much chance of getting a single food safety agency, fixing the FDA is a good thing to do.  We can hope that once the FDA bill is passed, Congress will work on legislation to reconcile the inconsistencies in FDA’s and USDA’s food safety rules.  But that cannot happen unless the FDA first has the ability to require science-based food production and can authorize recalls and detentions.

The “scale” problem

This brings us to the problem of small farmers, or what regulatory agencies refer to as the “scale” (translation: size) problem. Steve Gilman, the policy coordinator for the Interstate Council of the Northeast Organic Farming Association (NOFA) sent me a copy of a letter to Senators signed by 70 or so members of the National Sustainable Agriculture Coalition.

This group is deeply worried about the bill’s “unintended negative impact on family farms, value-added agricultural development, conservation and the environment, organic farming, and emerging local and regional food systems.”

The Coalition wants the Senate to consider, among other things:

• A two-track regulatory system based on the size, type, and diversity of a farm’s production.
• Rules based on level of risk (“fresh cut, ready-to-eat packaged fruits and vegetables pose a far greater risk than whole produce”).
• Exemptions for traceability requirements.
• Scale-appropriate food safety training as outlined in additional legislation (introduced as S. 2758, The Growing Safe Food Act).

I greatly favor support of small farmers.  But I think all farmers – no exceptions – should be producing safe food. Thinking through a food safety plan is not that hard to do and farmers of any size operations should be carefully designing and diligently following HACCP-type plans appropriate to their specific situations.

Farmers who produce foods unlikely to be cooked before eating — raw vegetables, raw milk, raw oysters, for example – should be testing for contaminants on some kind of regular basis at time intervals that depend on the level of risk.

I think testing is so badly needed that I would add support of testing facilities to the Coalition’s legislative wish list.

The scale issues are important and I hope the Senate will consider them seriously, incorporate them into the final legislation, and look for ways to support the food values outlined by the Coalition.   But the fix-the-FDA legislation should not be held hostage to the scale problem.  The FDA needs better methods for protecting the public from the hazards of industrial production methods.  While making sure the FDA gets food safety authority, we need to work hard to get scale-appropriate rules or enforcement for smaller farmers who want to opt out of industrial food production, grow diverse crops, and produce them sustainably.

Remember last year’s scandal about the 300,000 Chinese infants who developed kidney disease after being fed infant formula laced with melamine?  That anyone would put melamine into infant formula was shocking on its own (although the previous year’s scandal over melamine in pet food ought to have been fair warning, as I explained in my book, Pet Food Politics).

Even more shocking is that the Sanlu infant formula company knew about problems with its milk long before it issued a recall, in part because it did not want to embarrass the country just prior to the start of the Olympic games in Beijing.

Now, Chinese authorities have executed two men deemed responsible for adding melamine to the milk powder sold to Sanlu.  The Sanlu manager was given a life jail sentence, and 18 others involved with the Sanlu company also have been jailed for up to 15 years.

One can always debate whether the punishment fits the crime but a BBC press account quotes a lawyer who laid the blame on

an inadequate regulatory system…It’s hard to understand why these people are give such harsh punishment because generally speaking… there is a lack of monitoring and regulation…It’s the food supervision and inspection authorities that are responsible for this.

Congress, take notice: pass that food safety bill now!

The New York Times reports that the company selling contaminated ground beef responsible for killing two people and making 500 others sick, “stopped testing its ingredients years ago under pressure from beef suppliers.”

Recall that since 1994, the USDA bans E. coli 0157:H7 in ground meat.  It encourages, but does not require, meat companies to test for the pathogen. Why don’t they test?  Because they don’t have to.

If they did test, they might find toxic E. coli and have to cook or destroy the meat.  As the Times reported in depth last month, Testing puts meat companies in “a regulatory situation.”  As one food safety officer put it, slaughterhouses do not want his packing company to test for pathogens: “one, I have to tell the government, and two, the government will trace it back to them. So we don’t do that.”

Instead of requiring safety testing, the USDA uses a “restrained approach.”  As Dr. Kenneth Petersen, an assistant administrator with the USDA’s Food Safety and Inspection Service, told the Times, USDA has the power to require testing but doesn’t use it because it has to take the companies’ needs into consideration: “I have to look at the entire industry, not just what is best for public health.”

The moral?  Meat companies will only produce meat safely if forced to.  As we saw yesterday, oyster companies will only produce safe oysters if they have to.  That’s why we need a food safety system in which all foods have to be produced safely.  What will it take to get Congress to act?

On November 13, the FDA announced indefinite postponement of rules requiring raw oysters from the Gulf of Mexico to undergo postharvest processing to destroy their content of Vibrio vulnificus, a particularly nasty “flesh-eating” bacterium.  According to accounts in the New York Times and in industry newsletters,  the FDA caved under pressure from the oyster industry and members of Congress representing oyster-harvesting regions in the Gulf.

The FDA has been trying for years to get the oyster industry to clean up its act and use post-harvest technologies to sterilize oysters in order to prevent the 15 or so deaths they cause every year.  The technologies include quick freezing, frozen storage, high hydrostatic pressure, mild heat, and low dose gamma irradiation.  When used, the methods reduce bacteria to undectable levels and deaths from Vibrio vulnificus infections to zero.  As the FDA puts it, “seldom is the evidence on a food safety problem and solution so unambiguous.”

The FDA took action on October 16.  It wrote a letter to the industry announcing the new rules.  It would expect oyster producers to use the techniques, especially on oysters harvested in summer months when bacteria levels are higher.  It also issued a background paper on why the techniques are needed, a fact sheet on oyster hazards, and a Q and A on the new policy.

On October 17, FDA official Michael Taylor gave a speech to the oyster industry outlining the policy.

Oops.  The oyster industry did not take well to the idea and went into organized action.

Now, the proposed rules are history.  As the FDA explains:

Since making its initial announcement, the FDA has heard from Gulf Coast oyster harvesters, state officials, and elected representatives from across the region about the feasibility of implementing post-harvest processing or other equivalent controls by the summer of 2011.  These are legitimate concerns.

It is clear to the FDA from our discussions to date that there is a need to further examine both the process and timing for large and small oyster harvesters to gain access to processing facilities or equivalent controls in order to address this important public health goal.  Therefore, before proceeding, we will conduct an independent study to assess how post-harvest processing or other equivalent controls can be feasibly implemented in the Gulf Coast in the fastest, safest and most economical way.

My interpretation: 15 or more preventable deaths a year, every year, from oyster Vibrio must not be enough to elicit industry responsibility or FDA action.  That the FDA was forced to back down so quickly is not reassuring about this administration’s commitment to food safety.  Make no mistake.  This is a major setback to developing a strong food safety system.

One of the ironies here is that the FDA’s approach to oyster safety mirrored the approach taken by the very same Michael Taylor when he worked for the USDA in the mid-1990s.  Then, the administration backed him up on requiring science-based food safety procedures for meat and poulty producers.  This time, it looks like the administration pulled the rug out from under him and forced the FDA to back down.

Note: Thanks to Mike Taylor, safety rules are in place for meat and poultry.  Unfortunately, the current USDA isn’t enforcing them.  I will have more to say on that point in tomorrow’s post.

Another note: Center for Science in the Public Interest, which has been pushing for oyster safety for years, has organized a protest campaign.  Sign up here.

Bill Marler has posted a handy link to his Monday night appearance on Larry King Live on which he, and many others, were on to discuss meat safety.  As Marler puts it, the discussion got sidetracked – I would say derailed – from food safety to whether eating meat is good for you or not. Among others, Colin Campbell, the committed vegan scientist who wrote The China Study, was given plenty of air space to argue no it is not.

Despite Marler’s best efforts, and those of mothers and grandmothers of children sickened by eating meat contaminated with E. coli O157:H7, King refused to let anyone get a word in edgewise about the need to fix our food safety system.

Forgive me, but we know what needs to be done about food safety.  As I am ever intoning, we need a single agency devoted to food safety that combines the safety functions of FDA and USDA.  That agency needs to require and enforce a science-based safety system (of the HACCP type) for all foods, from farm-to-table.

Will we ever get it?  Only if people like Larry King catch on to the problem and help generate enough public outrage to get Congress to move on food safety.  King had the chance.  He blew it.