Currently browsing posts about: Food-safety

In response to the revelations about meat safety (or the lack thereof) in the New York Times comes a letter from J. Patrick Boyle, President and Chief Executive of the American Meat Institute.  Mr. Boyle’s letter is worth reading:

• It contains not a trace of apology.
• It says meat is much safer now due to industry efforts.
• It considers E. coli O157:H7 a “fact of nature” like floods or flu (i.e., unpreventable).
• It blames the USDA for meat safety problems.

Why the USDA?  The USDA will not let meat packers irradiate carcasses to sterilize them.

Is irradiation the key to meat safety?  It kills bacteria, no question.  And it does not make meat radioactive.  But the sterilization is incomplete and temporary and irradiated food must be handled like fresh food.

As I discuss in my book, Safe Food, E. coli O157:H7 most definitely is preventable.  That is why I view irradiation as a late stage techno-fix.  It zaps dirty meat and lets this industry get away with producing dirty meat in the first place.

Nobody ever explained the problem with irradiation better than Carol Tucker Foreman, now at Consumers Federation of America: “sterilized poop is still poop.”

I think we need a whole lot more public outrage about unsafe food.  Maybe the recent front-page articles in the Washington Post and New York Times will do the trick.

Both tell tragic stories of women who developed hemolytic uremia syndrome in response to eating a food contaminated with E. coli O157:H7.  Both reveal the appalling physical and monetary cost of these illnesses.  Recall: we also do not have an effective and affordable health care system.

To me, the most chilling part of the Times investigation had to do with the lack of testing for dangerous pathogens.  No meat packing company wants to test.  Why not?  They know the animals coming into the plant are contaminated.  They know that tests would come up positive.  They know that if they find pathogens, they have to recall the meat.

It’s obvious why meat is contaminated.  The making of hamburger is enough to put anyone off, as the letters to today’s Times attest.  In my book, Safe Food, I discuss a study demonstrating that one pound of commercial hamburger could contain meat from more than 400 cattle.  The Times’ article takes such facts to a personal level.  The 22-year-old woman who ate the tainted hamburger is paralyzed from the waist down and likely never to walk again.

Read these articles and you will understand that meat companies will not do what is needed to produce safe food unless they are forced to.

And it’s not just hamburger that causes problems.  Center for Science in the Public Interest (CSPI) has a new report out on the ten foods that cause the most cases of foodborne illness in America.  Hamburger isn’t even on the list.  Instead, it’s leafy greens, eggs, tuna, oysters, potatoes, cheese, ice cream, tomatoes, sprouts, and berries.  [Addendum October 9: for a critical analysis, see the Perishable Pundit’s comments on the study].

So how come Congress isn’t forcing all food producers to produce safe food?  Could it be because there isn’t enough public outrage to counteract industry pressures and make Congress act?

Bill Marler, who represents both of the victims profiled in those articles, is begging Congress to put him out of business.

His message is clear: get busy and pass meaningful food safety legislation, right now, before it is too late.

I’m hoping these articles and the CSPI report will be seen by senatorial staff who will urge their bosses to support the House bill passed last spring.

Maybe we need hundreds of thousands of people to deluge Congress with appeals to act on food safety, now.

You would like to do this but don’t know how?  Easy.  Find your own representatives online on the House site and your Senator just as easily.  The e-mail addresses are right there waiting to be used.

Addendum: Here’s one rep who is on the job: Rosa de Lauro (Dem-CT).  Take a look at her statement about the Times article.  Where, she wonders, was the USDA while all this was going on?   Doing lots of good things, according to USDA Secretary Tom Vilsack:

No priority is greater to me than food safety and I am firmly committed to taking the steps necessary to reduce the incidence of foodborne illness and protect the American people from preventable illnesses. We will continue to make improvements to reduce the presence of E. coli 0157:H7.

Suggestion: enforce HACCP!

I did a Q and A with Helena Bottemiller of the new food safety website, FoodSafetyNews.com about the politics of food safety.  It’s online at the site.  Here’s the text of the interview (absent the blurb and photograph):

Q: There has been a lot of rhetoric coming from Administration-appointed officials on food policy this year–on encouraging fruits and veggies, on promoting local food, on strengthening food safety. Do you think these ideas will make a big impact on the current food system, or are the institutional and political barriers to change too great?

A: It’s not one or the other; it’s both. Yes, federal support will encourage small farmers and organic production and these sectors will grow as a result, and that’s a good thing. But they still account for, and will continue to account for, only a tiny fraction of food production. I expect growth in alternative agriculture with big percentage jumps, but the base will be small for a long time. I think the question is whether the growth in alternative systems will place pressure on industrial agriculture to improve its practices. I hope so.

Q: You’ve written before about the “revolving door” at the U.S. Food and Drug Administration and the U.S. Department of Agriculture–where regulators have close ties to the sector that they regulate from moving between roles in government and industry. I know you’ve been supportive of Michael Taylor, a top advisor to FDA Commissioner Hamburg, despite his former ties to industry, because of his policy positions. Are we seeing a better revolving door?

A: Of course it persists and always will, and is a huge problem for governmental integrity. The Michael Taylor situation is not so simple. In some circles, his appointment is a deal-breaker; anti-GMO groups will never forgive him for his role in FDA approval and non-labeling of GM foods. Whether FDA will revisit the labeling issue, I have no idea–I wish it would–but Taylor has a long and consistently solid record in the food safety area. He performed food safety miracles at USDA in the mid-1990s and that makes him a good choice for food safety initiatives that I hope are coming at FDA. I think he needs to be given a chance.

Q: Do you think the Senate will address food safety this fall, and are you supportive of the bills? What do you think about the push back from small and sustainable agriculture folks?

A: I hope the Senate acts, and soon. If it doesn’t, FDA’s hands are tied and we can expect massive outbreaks of foodborne illness to continue unabated. Even so, Congress is not doing what everyone agrees needs to be done: create a single food safety agency with responsibility, authority, and resources to require safe food production from farm to table. Food safety is just like health care. Everyone knows what is needed but Congress is too corrupt to act.

As for small farmers: I think everyone producing food–no exceptions–should be using science-based food safety procedures with testing. Congress needs to make it possible for small-scale producers to do this. While getting local testing facilities in place, Congress also ought to provide for local slaughter. Both would make a big difference.

Q: In your opinion, what are the top five ways we could create a safer food supply?

A: 1. Require HACCP (science-based food safety regulations) with test-and-hold pathogens for all producers from farm to table.

2. Create a single food safety agency to monitor and enforce regulations, with adequate resources to do so.

3. Ban the use of antibiotics in animal agriculture for non-therapeutic purposes.

4. Do a major national education campaign for hand washing (and require restaurants to provide hot water, soap and towels for that purpose).

5. Reform election campaign laws so elected representatives can focus on public health rather than corporate health.

I spoke too soon (see previous post).  For government food safety information, try www.foodsafety.gov.   Bill Marler, the lawyer whose Seattle firm represents victims of food poisonings, has just launched www.foodsafetynews.com.  These will be covering much of the same information, but from distinctly different perspectives, I’m willing to bet.  It will be instructive – and fun – to compare!  Cheers to both for putting all that information in one place.

If you are trying to keep up with food safety information – and trust me, this is not for the faint-hearted – it has just gotten a little bit easier.  The government has launched a new site at http://www.foodsafety.gov/index.html.  If we can’t have a single food agency, we can at least have a single food safety site.  It’s got a widget to track outbreaks, links to regulatory information, and plenty of advice for consumers.  Now, if Congress would just pass some decent food safety laws….

The FDA must be in a bit of a quandary as it waits to see what Congress orders it to do about food safety (see previous post).  But it is not sitting around doing nothing.  Instead, it seems to be unblocking regulations that have been in the works for a long time.

On July 9, the FDA announced a final rule for prevention of Salmonella Enteriditis contamination of shell eggs during production, storage, and transportation.  This might seem unremarkable except for two points: (1) it requires science-based food safety procedures – with pathogen testing – from farm to table (an all-time first), and (2) it was first proposed in 2004 and has been stuck ever since (that’s politics for you).

On July 31, the FDA proposed safety guidance for melons, tomatoes, and leafy greens that would apply to everyone involved in the supply chains for these foods – growers, packers, processors, transporters, retailers, and others.  Guidance, alas, is just that: voluntary.  But this puts the producers of such foods on alert that the guidance could swiftly turn into rules  if Congress gets busy and does what it ought to be doing about food safety.  The guidance is open for comment but it is designed to be implemented within two years.  This is quick in FDA regulatory time.

And now the FDA announces that it is speeding up its system for issuing warning notices to companies in violation of safety regulations.  This is a good step, although it falls far short of recall authority.  For that, Congress must act.

Applaud the FDA and keep fingers crossed that no new outbreaks occur while Congress takes its own sweet time to act.

A comment by Sophie on my post about the food safety bills needs an immediate response to set the record straight.  She says:

It’s my understanding that this [bill] excludes pet food manufacturers….our pets were the canaries in the coal mine in the 2007 pet food recalls; they helped bring huge awareness to the food safety issue especially when baby formula was tainted with the same melamine problem that pet food was…but yet our pets get left out of the food safety bill?  Something isn’t right here…

On this point, not to worry.  H.R. 2749 most definitely does include pet foods.  Here, for example, is Section 101 (C)(i):

The term ‘retail food establishment’ means an establishment that, as its primary function, sells food products (including those food products that it manufactures, processes, packs, or holds) directly to consumers (including by Internet or mail order).
‘(ii) Such term includes–
‘(I) grocery stores;
‘(II) convenience stores;
‘(III) vending machine locations; and
‘(IV) stores that sell bagged feed, pet food, and feed ingredients or additives over-the-counter directly to consumers and final purchasers for their own personal animals [my emphasis].

All sections of the bill, including recall authority, apply to  pet foods and animal feed, as well as to human foods.  As another example, see Section 420 (c):

Order to Cease Distribution- If the Secretary has reason to believe that the use or consumption of, or exposure to, an article of food may cause serious adverse health consequences or death to humans or animals, the Secretary shall have the authority to issue an order requiring any person who distributes such article to immediately cease distribution of such article [my emphasis again].

In this sense, the bill recognizes that we have only one (global) food supply and that this one (global) food supply feeds people, pets, and farm animals alike.

I don’t track legislation very carefully because bills change so much between the time they are proposed and actually pass.  But I keep getting asked about the bills that seem to have the best chance this year,  H.R. 2749 (which has just been passed by the House) and its equivalent in the Senate, S. 510 (still in the works).  The bills are quite similar.  Both aim to fix the FDA.   Neither aims to fix the system, so forget about combining the food safety functions of USDA and FDA into one agency.  The bills bring the FDA’s rules closer to those of USDA, as they propose science-based food safety standards (much like HACCP) from farm to table.  Best, they give the FDA recall authority as well as a few other goodies.

The bills themselves are miserable to read and it is hard to believe that anyone in government does.  That is why the Congressional Research Service (CRS) does summaries that even legislators can understand.  CRS researchers have now produced blessedly short and hopefully accurate summaries of the House bill as well as the Senate bill.

As my contribution to the cause of clarity, I have done a quick edit of the CRS summaries, with comments in Italics.  The links above are to the original bills so you can plow your way through them to see if this does them justice.   Enjoy!

THE HOUSE BILL, H.R. 2749, requires each food facility to:

(1) Conduct a hazard analysis, (2) Implement preventive controls, and (3) Implement a food safety plan. [This sounds like HACCP, although they aren’t calling it that. I vote yes]

Requires FDA to:

(1) Issue science-based performance standards to minimize the hazards from foodborne contaminants [this means HACCP or its equivalent, and about time too],

(2) Establish science-based standards for raw agricultural commodities [this means some version of farm-t0-table HACCP, long awaited],

(3) Inspect facilities at a frequency determined pursuant to a risk-based schedule [this is an admission that the FDA can’t handle the work load; it will focus on products most likely to be contaminated]

(4) Establish a food tracing system [this will help identify where foods come from]

(5) Assess fees relating to food facility reinspection and food recall [make companies pay for all this, I hope in a way that avoids conflicts of interest],

(6) Establish a program for accreditation of laboratories that perform analytical testing of food for import or export [can’t believe we don’t already have this, but that’s why we need this legislation].

Authorizes FDA to:

(1) Order an immediate cessation of distribution, or a recall, of food [recall authority at last!]

(2) Establish an importer verification program [accountability for importers, at last!]

(3) Quarantine food in any geographic area within the United States [they can’t do this now?].

Defines the term “color additive” to include carbon monoxide that may affect the color of fresh meat, poultry products, or seafood [this will have to meet food additive regulations].

Requires country of origin labeling on food, and annual registration of importers [Yes!].

Provides for unique identifiers for food facilities and food importers [so FDA actually knows who they are].

Deems a food to be adulterated if an inspection is delayed or refused [Yes!].

Requires FDA to establish a corps of inspectors dedicated to inspections of foreign food facilities [Amazing that we don’t already have this].

Reorganizes the FDA field laboratories and district offices [Could this possibly be a euphemism for closing some?].

Gives the FDA Commissioner subpoena authority [Yes!].

Establishes whistleblower protections [OK].

THE SENATE BILL, S. 510, is pretty much the same except that it addresses food bioterrorism [fortunately, a rare event so far]. In addition to most of what is in the House bill, it requires HHS and USDA to prepare the National Agriculture and Food Defense Strategy [If this is done right, it ought to promote the safety of domestic foods and imports].

It also requires FDA to:

(1) Identify preventive programs and practices to promote the safety and security of food [worries about food bioterrorism again];

(2) Promulgate regulations on sanitary food transportation practices [good idea];

(3) Develop a policy to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs [I’m not sure how this got in here]

Requires FDA and CDC to enhance foodborne illness surveillance systems [Good idea].

Requires EPA to assist state, local, and tribal governments in preparing for, assessing, decontaminating, and recovering from an agriculture or food emergency [in the military sense of food security].

There is much, much more in these bills.  Bill Marler, who has actually read the bills, has produced his own summary, which includes definitions and more.  If you are wondering what implementation of these bills might cost, the Congressional Budget Office has done an analysis: a mere $2 billion.

It’s hard to know how seriously to take all this until we see what Congress actually does when it gets back to work.  Stay tuned.