Rhetoric reigns: US farmers question produce safety rules

Posted on May 1, 2013 by Doug Powell

Fresh produce continues to be the source of too many people barfing. Part of the solution is supposed to more government oversight of fresh produce production in the U.S., part of the Food Safety Modernization Act. But even if money is available to fund the activities, farm groups across the country are registering their disproval.

According to Lancaster Online, the U.S. Food and Drug Administration estimates the new regulations could cost farmers more than $459 million a year to implement.

But, says the FDA, they would prevent 1.75 million new cases of foodborne illnesses a year, saving $1.04 billion in associated costs.

And while most people at a recent Pennsylvania meeting agreed that food safety is a top priority, they said that when it comes to the proposed produce rule, the “devil is in the details.”

Lee Showalter, food safety manager for Rice Fruit Co. in Gardners, questioned what impact the produce rule would have on fruit growers, who are part of a low-risk industry.

No foodborne illness outbreaks have been attributed to tree fruit, he said.

“There is no difference in the provision when it comes to varying risks between produce,” Showalter said.

Frequent testing of water, which FDA claims is needed because it can carry foodborne illness pathogens, could be costly because many fruit growers depend on multiple water sources for their orchards, he said.

Water treatment also could create problems with applying sprays to control disease and insects, according to Showalter.

Philly.com reports that as the nation’s farmers enter a new growing season two years after 33 people died and 147 people were sickened in 28 states after eating listeria-infested cantaloupe from a Colorado farm, the produce industry has effectively delayed implementation of a law intended to improve food safety.

The United Fresh Produce Association, which describes itself as “industry’s leading trade association committed to driving the growth and success of produce companies and their partners” spearheaded the push for more time to comment on a pair of FDA rules toughening safety standards for farms and processors.

Whenever the federal legislation is enacted, cantaloupe growers can expect super special attention.

GPB News reports that FDA recently put growers and industry groups on notice to expect them.

The FDA’s focus on cantaloupe safety comes after two outbreaks of listeria and salmonella contamination in the last few years made hundreds of people ill and killed dozens.

A new coalition of cantaloupe producers from Georgia, Indiana and North Carolina is one of the industry’s responses to those outbreaks. The group’s leader said it also reflects a desire among producers to improve safety.

“They felt a need to identify how they could improve and enhance the confidence of the consumer in the cantaloupe product,” said Charles Hall, executive director of the ECGA. “We were seeing a trend of consumption going down somewhat.”

Hall said members of the group agree to undergo an initial food-safety audit — called a Global Food Safety Initiative audit — and then a later unannounced one.

Others argue that if FDA is going to up requirements, then FDA needs to up it’s own game.

For example, as reported in The Packer, Bedner Growers Inc., Delray Beach, Fla., voluntarily recalled 1,610 boxes of fresh green bell peppers because they were potentially contaminated with salmonella.

Bedner harvested and shipped the peppers March 25. They are marked with the lot code 102 on the side of each box, according to an April 26 news release from the company.

No illnesses have been reported in connection with the recall and no other

Bedner officials initiated the recall within hours of receiving notification from the Food and Drug Administration “late on April 25,” the release said.

The FDA told company officials a single sample taken April 4 had tested positive for salmonella. Government officials took the sample before the produce reached a retail outlet, but they did not inform Bedner Growers of the sample test until April 25.

Raw milk cheeses face new 60-day scrutiny in US

Posted on April 25, 2013 by Doug Powell

William Herkewitz of Science Liner writes that in the United States some raw-milk cheeses are as illegal to buy and sell as Cuban cigars or imported ivory. Their crime? They haven’t been shelved for long enough. By federal law, all cheeses aged less than 60 days — usually soft cheeses like mozzarella or brie — have to be pasteurized (heated for sterility) in order to be sold.

The idea is that at 60 days, the fermentation processes taking place within the cheese will have naturally eradicated any harmful bacteria. But the U.S. Food and Drug Administration (FDA) is currently reviewing its restrictions on unpasteurized, raw-milk cheeses, with the intent of elongating this time-period.

“Recent scientific literature has raised doubts about the efficacy of 60-day aging as an alternative to pasteurization,” says Marianna Naum, a policy analyst at the FDA.

Enacted in 1950, the 60-day rule was a compromise between cheese lovers and food safety experts, with the former concerned that pasteurization altered both the flavor and traditional methods of cheese making. But much has changed since 1950.

But recent multi-state fatal food-illness outbreaks of even older unpasteurized cheeses have convinced many food scientists that 60 days may simply not be long enough.

Sequester to reduce FDA food inspections, Powell says, eh?

Posted on April 24, 2013 by Doug Powell

I had to explain to my mom today what sequestration was.

They had just returned from Boston with my sister’s family, and were wondering why all the flights were delayed.

I said, sequestration.

She said, what?

I explained how there was these mandated budget cuts and it was now impacting air traffic controllers, so a lot of flights were delayed.

I may have sounded reasonable because I had just got off the phone with Liz Szabo of USA Today, about the effects of sequestration on the U.S. Food and Drug Administration.

Or not.

Liz writes that FDA is losing $209 million because of the sequester; it will perform about 2,100 fewer food inspections because of the cuts; and consumer advocates worry that less oversight will increase foodborne illness outbreaks.

Guess I’m not a self-proclaimed advocate, cause I told her something different.

“Douglas Powell, a professor of food safety at Kansas State University, said private companies have no reason to slack off on food safety, with or without inspections.

“Because companies are legally liable for the safety of their food, they have a strong economic incentive to inspect their own products and prevent outbreaks.

“The government is there to maintain a minimal standard, but they really inspect very little food,” Powell said. “It is in a company’s best interest to take that seriously and not make their customers barf.”

FDA commissioner Margaret Hamburg said Wednesday in an exclusive interview with USA TODAY the agency will conduct fewer food safety inspections this year because of the government sequester.

To which I said, uh-huh.

While consumers may not feel the impact immediately, the loss of $209 million from its budget will force the agency to conduct about 2,100 fewer inspections, an 18% decline compared to last year.

The funding loss, part of the $85 billion in automatic budget cuts that took effect March 1, will also delay the agency’s implementation of the 2011 Food Safety Modernization Act, Hamburg said in an interview with the USA TODAY Editorial Board. “Nobody is more frustrated than we are” that the law isn’t yet in practice, said Michael Taylor, the FDA’s deputy commissioner for foods and veterinary medicine.

U.S. Marshals seize food at New York-based facility

Posted on April 16, 2013 by Doug Powell

U.S. Marshals have seized food products at a Ridgewood, N.Y. warehouse that manufactures and distributes kosher food products, after investigators from the U.S. Food and Drug Administration found widespread rodent infestation in the facility.

The FDA initiated the seizure of various food products in the manufacturing facility and warehouse operated by V.I.P. Foods Inc., on April 12, 2013, under a warrant issued by the U.S. District Court for the Eastern District of New York.

During an inspection in late February 2013, FDA investigators found unsanitary conditions throughout the facility in violation of the Federal Food, Drug, and Cosmetic Act. The conditions included live rodents, a dead, desiccated rodent, and what appeared to be rodent tracks, rodent gnaw holes, and rodent excreta pellets in or near food products.

“V.I.P. Foods housed various dried mixes and bases, such as chicken soup base, blueberry muffin mix and bread crumbs; and the conditions inside this warehouse were just deplorable,” said Melinda K. Plaisier, the FDA’s acting associate commissioner for regulatory affairs. “We will continue to take aggressive action to protect public health.”

Some of V.I.P. Foods products are distributed under the name VIP Foods Inc., VIP, V.I.P., or KoJel, but V.I.P. Foods distributes other products under private label.

To date, no illnesses have been associated with V.I.P. Foods products. Illnesses or adverse events related to use of these products should be reported to the FDA at caers@fda.hhs.gov or by calling 240-402-2405.

Michigan organic soy processor is under court order to meet FDA food safety standards

Posted on February 2, 2013 by Doug Powell

Green Hope LLC, which does business as Rosewood Products, and owner, Phi G. Ye, of Ann Arbor, Mich., have agreed to a consent decree of permanent injunction for violations of FDA food safety regulations. The consent decree was signed by Judge David M. Lawson of the U.S. District Court for the Eastern District of Michigan, Southern Division, on January 28, 2013.

Several FDA inspections found persistent violations involving insanitary conditions at the facility, leading to possible contamination of food. The firm manufactures and distributes organic tofu, soy milk and other products.

Under the consent decree, Green Hope must stop operations until the FDA approves the steps taken to bring its operations into full compliance with the Federal Food, Drug and Cosmetic Act and FDA food safety regulations. The steps include hiring an independent expert to develop a written sanitation control program and an employee training program, and assigning a Green Hope employee to implement and maintain the sanitation control program.

The FDA may at any time re-inspect the facility to ensure that these measures are being carried out. In addition, Green Hope will pay all costs of FDA supervision, inspections, analyses, examinations and reviews associated with this consent decree.

“Consumers expect their foods to be safe,” said Melinda K. Plaisier, acting associate commissioner for regulatory affairs. “When foods are not manufactured under sanitary conditions, those who prepare, process and distribute those foods should expect FDA enforcement action.”

FDA’s special role: ensuring food safety at the inauguration

Posted on January 21, 2013 by Doug Powell

About 5 years ago, me and Chapman and Amy were at a FDA regional conference in Grand Rapids, Michigan.

There was an informal after hours session where a few of the Food and Drug Administration’s senior field people talked about some practical food safety: the first was about the aftereffects of Hurricane Katrina, the devastation, and the challenges of securing safe food and water; the second was about FDA’s role ensuring safe food for the U.S. President at home and abroad.

As the presidential inauguration continues today, Margaret A. Hamburg, M.D., Commissioner of FDA, writes that at the request of the U.S. Secret Service and D.C. Department of Health, we’ve assembled a team of 35 FDA staff from across the U.S. including 18 experts in retail foods and field inspection. Their mission? To work closely with the D.C. Department of Health, local county health departments in Maryland and Virginia, and the FDA Baltimore District Office to make sure that the food served at the inaugural ceremony and parade, balls and galas is safe to eat.

Our team of regional food experts will work with local health departments to protect food from contamination. We’ll review menus and observe food preparation, storage and service. We’ll train kitchen staff about risk factors, such as cleanliness, food temperatures and refrigeration. And information on food sources and supply chains at venues and vendors will be questioned so that if any foodborne illness is reported, we’ll have data to trace it back to the source.

Data from the 2009 inauguration tells us that our inspections covered more than 100,000 meals. We expect similar coverage this time around.

Afternoon with Bert

Posted on December 21, 2012 by Doug Powell

It was an all-Ontario gabfest yesterday as Chapman and I and our kids had the pleasure of lunching with Dr. Bert Mitchell (Ontario Veterinary College, ’64), and then visiting with his wife Linda at their home in Sarasota, Florida, yesterday.

Among other achievements, Bert was Director of the Bureau of Veterinary Drugs at Health Canada from 1982-1988, and an associate director at the U.S. Food and Drug Administration’s Center for Veterinary Medicine from 1988-2001.

We shared stories, spoiled the kids, and deeply enjoyed the company. You’ll notice from the pic that Bert is the fittest of us three.

Promise of food safety law largely unfulfilled

Posted on December 16, 2012 by Doug Powell

Waiting for government is like Waiting for Godot. Which is why the most important part of a USA Today feature on delays to implementation of the Food Safety Modernization Act is a throw-away at the end of the story. “While some businesses are waiting until the food safety rules are published, many companies are already incorporating their own food safety handling and transportation measures into their operations. The threat of potential litigation, long-term damage to their brand and a surge in the use of social media tools by the public to communicate has put more pressure on businesses to meet or exceed existing food safety requirements, said former FDA food czar David Acheson. “Hy-Vee, the 234-store, West Des Moines-based grocery chain has hired an outside auditor to do inspections of its stores. It also has worked with its distribution centers to make sure they handle and transport food using the same standards, such as ensuring sanitary conditions and uniform temperatures are maintained. “There is cost involved but it’s a cost of doing business and certainly it’s nothing compared to not doing it,” said Ruth Comer, assistant vice president of media relations with Hy-Vee. “If something isn’t done and there is a food borne illness outbreak or another situation that one incident could be far more costly than any protective measures.” Hy-Vee has only now just hired its own auditors, and is implementing standards across its supply chain? Maybe that’s why I never shop there.

‘Insects in room probably in food’ FDA (not) inspecting airline food

Posted on November 18, 2012 by Doug Powell

As we prepare to flee the summer stank of Brisbane for the Florida coast on the longest commercial flight in the world – Brisbane to Dallas — I’m comforted by my friend Roy Costa’s comments about airline food: it’s a time bomb.

ABC News 20/20 obtained lists of recent health violation records from the U.S. Food and Drug Administration through a Freedom of Information Act request.

Over almost four years, the industry counted more than 1,500 health violations. “Significant” problems were found at a much higher rate than in other industries the FDA inspects, the agency said.

“You put that all together, and you have a time bomb,” said Roy Costa, a food-industry consultant and former health inspector (right, not exactly as shown).

FDA reported evidence of mice on Delta Airlines planes. In a statement, the airline said, “This clearly was an isolated incident and we cooperated with the FDA immediately to resolve it immediately after it was brought to our attention.”

For LSG Sky Chefs, the industry giant that provides food to many airlines, records showed company food facilities infested with ants crawling over discarded food, flies both dead and alive — and roaches all over.

If insects are in the room, they’re probably in the food, Costa said.

“You can’t have insect remains and feces of rodents and dead flies [in these areas],” Costa said.

In a statement, LSG Sky Chefs said, “Our facilities are inspected by several internal and external agencies, including the Food and Drug Administration (FDA). As with any FDA inspection, documented observations are indicated on a 483 form and if observations are cited at our facilities we immediately review and correct. In two cases, the FDA 483 forms led to the issuing of warning letters that were immediately addressed by us to ensure complete FDA compliance.”

At company after company, the FDA saw things like dirty cooking areas, old or moldy products and employees not washing their hands.

And those who fly business or first class and think the curtain protects them from the risk of contaminated food should think again, Costa warned.

“Fancy food isn’t safe food. The bacteria really don’t care.”

Costa addressed the report in his own blog, writing, “The comments by industry are predictable. The “we didn’t do it” philosophy, “head in the sand” approach is apparent, in spite of spin doctor statements. When you get caught with these types of issues, the public is not going to listen to the rhetoric about how great your food safety programs are, quite the contrary. Not one of these spokespersons would admit that their company had a problem or offer solutions, its all about denial. We see this again and again, especially after outbreaks.

“I lay much of the blame at the feet of FDA. This agency has the authority to stop such conditions and they opt time and again to walk away from problems and not take the tough stand that as consumers we expect, except in the most egregious of cases. … Taking a tough stand by inspectors is personally costly, it means confrontation, its perilous to careers and even to ones personal safety. I know this only too well, so I am very grateful to have an opportunity to again stand some ground against the food industry representatives who want to claim all is well in the face of mounting sanitation and health code violations and deceive themselves and the public.

“This type of public confrontation is what we need to dispel the false sense of security the food industry and FDA has created for itself.”

The complete post is available here.

Roy, see you in Florida.

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9 kinds of salmonella found in peanut butter from NM plant

Posted on November 16, 2012 by Doug Powell

In a 1979 episode of television standout, WKRP in Cincinnati – which anchors many of my personal value choices — Mr. Carlson had to fire beloved former baseball manager Sparky Anderson from his radio hosting gig because he sucked at it.

Sparky didn’t suck at life, or baseball, but he sucked at radio.

Sparky: Derek, this indoor soccer’s a new sport. Could you tell us about it?

Derek: Oh yah. It’s beautiful. It’s soccer played indoors like in a hockey rink. Sort of soccer-hockey.

Sparky: Boy, that’s an interesting combination. What are the rules?

Derek: I don’t know really. I don’t care.

Sparky: I see. How does your team look?

Derek: Well, mostly Venezuelan.

Maybe the U.S. Food and Drug Administration sucks at things.

They need resources, they need people, but if consumers expect them to be the on the food safety travel team, that may be unrealistic.

In Jan. 2009, 691 people were sickened and nine died across 46 U.S. states and in Canada from an outbreak of Salmonella Typhimurium linked to the Peanut Corporation of America (PCA) and led to the recall of over 3,900 peanut butter and other peanut-containing products from more than 350 companies.

FDA went in afterwards and found lots of problems; but nothing before the outbreak.

As details emerge about another Salmonella-in-peanut-butter outbreak from a Sunland plant in New Mexico which has sickened at least 41, people are wondering, WTF?

JoNel Aleccia of NBC reports the Sunland plant, also the largest producer of organic peanut stuff in the U.S., sent potentially tainted lots out the door even after its internal testing found at least nine different types of salmonella in peanut and almond butters, Food and Drug Administration officials said. Two of the 11 lots included the outbreak strain of the bacteria.

The pathogens were also found throughout the peanut plant operated by Sunland Inc. in Portales, N.M., where FDA inspectors found salmonella in 28 environmental samples between mid-September and mid-October.

The company denies this.

The month-long FDA inspection of the Sunland plant that supplied peanut butter, nut butters and other nut products to major retailers including Trader Joes, Whole Foods and Harry and David found dirty equipment and slipshod food safety and cleaning practices.

Specifically, the company failed to clean production and packaging equipment between runs of nuts such as peanuts, which contain allergens. In May 2011, the firm received a complaint that a child had developed anaphylactic shock after eating almond butter that contained peanut allergens, the FDA said.

The 11-page report documents employees improperly handled equipment, containers and utensils, failed to wash their hands and had bare-handed contact with ready-to-package peanuts.

They also noted that the company left trailers full of raw, in-shell peanuts uncovered outdoors, where they were exposed to the elements, including rain and animals.

“Birds too numerous to count were observed flying over and landing on the peanuts in the trailers,” the report finds.

Inspectors found that Sunland’s own internal testing program documented at least nine and up to 13 types of salmonella in peanut butter products the company produced and distributed.

The place was a dump. And apparently little regard for microbial food safety basics.

But do retailers Trader Joe’s and Wal-mart buy from anyone? Did they send their people out to check on the peanutty stuff? Did they rely on some sort of auditor? Where are those reports? And why does FDA always uncover a food safety shitstorm after people get sick? They didn’t. There’s a history going back to 2003 of FDA citing problems with Sunland.

Sparky?

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