Currently browsing posts about: Food-safety

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.

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!