CBD Oil - Illegal for Food, Science Largely Unknown

Many entrepreneurial companies have been moving forward on CBD infused food products, but from an FDA stance, these are illegal to sell.  (CBD oil is derived from hemp/no THC.)  It is hard to believe with as many items we hear about including CBD infused gummies, drinks, and other foods.  Unfortunately, many state and local agencies have taken a less stringent stand against use of CBD oil in food and dietary supplements.  Not that the FDA has taken a hard stance on the chemical.  From a Post Star article, "Until last year, there was a federal ban on CBD. Not that the FDA enforced it. Beyond firing off a few letters ordering manufacturers to stop making unproven health claims, the FDA made no efforts to stop commerce. After all, CBD never killed anyone."

A Science News article on CBD oil, it states the science behind the benefits is largely unknown.  It has been approved as a drug to treat epilepsy in children.  But how it works and the impact on the average person...there has not been enough research.

The only clear benefit in food is the mark-up in price.  Adding CBD oil to a food item allows the seller to jack up the price.  And with no standards, it is easy for the amount added to be extremely small to perhaps nonexistent.  So before stopping off to buy your CBP infused smoothie, you may want to think about what you are really buying.  A this point, just expensive, technically illegal, hype.

https://poststar.com/news/national/selling-cbd-in-food-is-illegal-fda-says-so-why/article_f3e378c4-f75d-5667-a83c-d05690ed9d43.html
Selling CBD in food is illegal, FDA says. So why are so many retailers selling it?
Sam Wood Tribune News Service
March 31, 2019

This Week in Mislabeled Product for Week Ending March 30, 2019

Pâté Missing Milk and Soy - Market of Choice, Inc., an Eugene, Ore. establishment, is recalling approximately 1,094 pounds of pork and poultry pâté products due to misbranding and undeclared allergens - The products contain milk and soy, known allergens, which are not declared on the product label.  The problem was discovered when Market of Choice reported to the U.S. Food and Drug Administration (FDA) and the Oregon Department of Agriculture the undeclared allergens. The FDA notified FSIS, which has jurisdiction over the pork and poultry pate products.

Mislabeling of Chocolate Bars - Theo Chocolate of Seattle, WA is voluntarily recalling 3oz Sea Salt 70% Dark Chocolate bars (UPC 8 74492 00325 8) because they may contain undeclared milk. The recall was initiated after it was discovered that a small number of 3oz Salted Toffee Dark Chocolate bars were mis-labeled with 3oz Sea Salt 70% Dark Chocolate labels and shipped to select distributors, retail stores and consumers. The toffee contains butter, which is a milk allergen, but the 3oz Sea Salt 70% Dark Chocolate label does not declare milk.

Forgot to Put Egg on the Label - Thomas Hammer Coffee Roasters Inc. of Spokane, WA is recalling 15 loaves of Blueberry Bread because it may contain undeclared EGG. There are no expiration dates or lot codes on label and product has a 5-day shelf life.  NO illness has been reported to date.  The recall was initiated after it was discovered during a routine inspection, the product containing EGG was distributed in packaging that did not reveal the presence of EGG.

https://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2019/recall-039-2019-release
Market of Choice, Inc. Recalls Pork and Poultry Products Due to Misbranding and Undeclared Allergens
Class I Recall 039-2019
Health Risk: High
Mar 30, 2019

Canned Cat Food Recalled After Complaints Received for Rubber Pieces

Nestlé Purina PetCare Company is voluntarily recalling a limited amount of Muse wet cat food Natural Chicken Recipe in Gravy in three-ounce cans due to the potential for product to contain rubber pieces that are translucent yellow with a blue backing.  This may present a potential choking hazard for the cat.  The company became aware of the issue after receiving complaints from pet owners who observed the rubber pieces in the product. Corrective action was taken to prevent use from occurring again.

https://www.fda.gov/Safety/Recalls/ucm634850.htm
Nestle Purina PetCare Company Voluntarily Recalls a Limited Amount of Muse Wet Cat Food Natural Chicken Recipe in Gravy in Three-ounce Cans due to the Potential Presence of Rubber Pieces
For Immediate Release
March 29, 2019

FDA Provides Leeway for Wine Grapes, Pulses, Hops, and Almonds from Produce Rule

FDA provided guidance on relaxing (allow enforcement discretion) from the Produce Rule on commodity items that have unique processing methods. The commodity group include wine grapes (that will be made into wine), hops,(made into beer), pulse crops (the seeds of legumes - dry beans, dry broad beans, dry peas, chickpeas, cow peas, pigeon peas, lentils, Bambara beans, vetches, lupins and pulses nes - which are cooked) and almonds (which are normally roasted).

"The term “pulses” is limited to crops harvested solely as dry grains, which differentiates them from other vegetable crops that are harvested while still green."(the pulses webpage)

National Law Review
https://www.natlawreview.com/article/fda-announces-enforcement-discretion-certain-commodities-related-to-produce-safety
FDA Announces Enforcement Discretion for Certain Commodities Related to Produce Safety Rule
Friday, March 29, 2019

Beef Heel and Chuck Tender Products Recalled for Potential E. coli O157:H7

Aurora Packing Company, Inc., a North Aurora, Ill. establishment, is recalling approximately 4,838 pounds of beef heel and chuck tender products that may be contaminated with E. coli O157:H7,  The problem was discovered during traceback activities following routine FSIS testing. There have been no confirmed reports of adverse reactions due to consumption of these products.

https://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2019/recall-038-2019-release
Aurora Packing Company, Inc. Recalls Beef Products due to Possible E. coli O157:H7 Contamination 
Class I Recall
038-2019
Health Risk: High
Mar 26, 2019

Europe - Various Food Safety Issues in the News

In doing a google search on food safety news items, we see that many of the "interesting" stories are coming from other countries other than the US this week.  Reading some of the headlines, it is easy to mistake these outbreaks are closer rather than an ocean away.  I guess in today's 24hr constant news cycle, there needs to be the constant issuance of stories, perhaps helping maintain that narrative that our food is unsafe.  And perhaps it is just a matter of time before we will be reading about an investigation of 2 cases of Salmonella linked to a tofu dish served at a restaurant in India or Pakistan.

Cluster of Listeria Cases Linked in 5 Countries
A linkage has been made between 18 cases of Listeria infections in 5 different countries over 4 years.
"ECDC has identified a microbiological link between an outbreak of nine Listeria monocytogenes ST1247 cases in Denmark and nine additional cases reported between 2014 and 2018 in Estonia (2 cases) Finland (2), France (1) and Sweden (4)."

Denmark Experiencing Rise in Salmonella Chicken Flocks
FSN
"Denmark found Salmonella in 2.7 percent of chicken flocks that lay eggs last year which is above the limit set by the European Commission to qualify for special conditions."

EU report finds limited controls on food sold online
FSN
"Official controls on food sold over the Internet are still limited, according to a report from the European Commission.
Controls of food sold online were limited and mainly focused on registered food business operators. Non-compliances were mostly related to labeling and health claim requirements. Online marketing of dangerous substances as food supplements was found in a few cases."

Snack mix recall expanded as patient count increases in Salmonella outbreak
FSN
"More cases of Salmonella infections have been reported in Norway with a link to imported dried fruit and coconut. Salmonella Agbeni has been detected in several samples of the snack mixes. Salmonella Gamaba was also found in two unopened packages from the same lot."

https://ecdc.europa.eu/en/news-events/multi-country-cluster-listeria-monocytogenes-st1247-five-eu-countries
Multi-country cluster of Listeria monocytogenes ST1247 in five EU countries
news epidemiological update
27 Mar 2019

This Week in Mislabeled Products for Week Ending March 22, 2019

Wrong Chicken Products in Cases - Tip Top Poultry, Inc., a Rockmart, Ga. establishment, is recalling approximately 100 pounds of frozen, fully cooked diced white chicken meat products due to misbranding and undeclared allergens - the products contain soy which is not declared on the product label. The problem was discovered after the firm received a complaint from a customer that they received fully cooked grilled chicken strips instead of fully cooked diced white chicken meat.

Potato Chips Put in Wrong Bag - Better Made Snack Foods of Detroit, MI, is recalling 10-ounce packages of Original Potato Chips because they may contain undeclared milk. The recall was initiated after it was discovered that a package of 10-ounce Original Potato Chips dated 10 AUG 2019 did not contain Original Potato Chips but instead contained Cheddar and Sour Cream Potato Chips which contain milk.

Improperly Designed Label, Misses Milk - Century Snacks, LLC of Commerce, CA is recalling all packages of 3-oz. and 5.75-oz. SNAK CLUB HONEY BLISS NUT MIX due to undeclared MILK.  The recall was initiated after it was discovered that product containing MILK was distributed in packaging that does not reveal its presence.

Tip Top Poultry, Inc. Recalls Fully Cooked, Diced Chicken Products due to Misbranding and Undeclared Allergens
Class I Recall
036-2019
Health Risk: High
Mar 23, 2019

First Tailgate? Stonehenge Site of Ancient Pig BBQ

An article in National Geographic details research into sites around Stonehedge where prehistoric pork barbecues were held as part of large social events.   Based on elemental analysis from the pig bones, it appears that travelers came from all over England.

A BBQ cook-off perhaps? 

https://www.nationalgeographic.com/culture/2019/03/stonehenge-pig-roasts-united-ancient-britain
Stonehenge-era pig roasts united ancient Britain, scientists say
A new study of bones discarded after prehistoric barbeques is providing unexpected insight into the first ‘pan-British’ gatherings.
________________________________________
BY KRISTIN ROMEY
________________________________________
PUBLISHED MARCH 13, 2019
A surprising study of leftovers from 4,500-year-old pig roasts reveals that prehistoric ceremonial sites around Stonehenge served as “pan-British” centers that helped bring together disparate populations of Neolithic peoples from across the island for the first time. The study was published today in the journal Science Advances.

FDA Issues Warning Letter to OH Bakery for Being Nasty

An Ohio bakery [located close to Ohio State University by the way] was cited for lots of bad stuff.  As we have seen in recent Warning Letters, bakeries have been slammed for many GMP issues.  The reason for this is that many have not had FDA visits.  They were often inspected only by the State and often viewed as low risk.  As we have learned more about the potential for Salmonella to be in flour and to persist in dry facilities for long periods of time, the risk in bakeries has come more to light.  In this case, the issues with improper cleaning leading to dust buildup is a concern, as well as employee hygiene issues.  Allergens are another concern where multiple allergens may be used.  Finally Staphylococcus is a concern when cream fillings are temperature abused. 

And now we are seeing here where a lack of a food safety plan (HACCP-based) is noted as well.

No Food Safety Plan - "Specifically, you did not prepare, or have prepared, and did not implement a food safety plan for the food manufactured in your central kitchen, such as RTE cream-filled eclair pastries, as required by 21 CFR § 117.126. Based on your operation, when you perform your hazard analysis you should consider hazards including contamination of products with environmental pathogens, such as Listeria monocytogenes and Salmonella, and food allergens."

Equipment not food safe - "our investigator observed a stainless-steel mixing bowl with rough welds and dents on the inside of the bowl, which make it a surface that is not easily cleanable and that can harbor pathogens or allergen-containing food debris."

Improper cleaning - Dust build-up was observed 1) on the fan covers of the cooling unit in the quiche freezer, dairy cooler, pastry cooler, and bread freezer  Finished product was stored uncovered in these coolers and freezers); 2)on the blower vent of the air conditioning unit (Racks of bread were stored below the vent to cool); 3) on the air filter bracket above the rotary oven and retail prep area.  Clean pots and containers were stored below this filter.  and 4) on electrical cords and electrical outlets directly above the pastry prep table.

Employee hygiene issues -  1) An employee was observed not wearing a beard net while placing fruit on top of fruit tarts; 2)the employee's shirt was touching some of the tarts; 3) An employee was observed wearing jewelry (a bracelet made of string) while making bread dough. 4) Employees' personal items, including coffee cups and shake containers, were stored under prep tables in the manufacturing areas.  An employee was observed taking a drink of the coffee stored under the prep table and then continued prepping pastries without washing their hands. 5) An employee, who was observed filling eclairs with cream, was handed their cell phone, which was found on the floor, the employee placed the cell phone in their back pocket and continued to fill eclairs with cream, without washing their hands. 6) An employee loading a truck for delivery... picked up a cake from the tray, touched the cake with his fingers, and placed the cake into a box.  The employee did not wash their hands before touching the cake. 

Temperature Control -  Your dairy cooler is used to store dairy products, such as heavy whipping cream, pasteurized liquid egg, milk, pastry cream, chocolate ganache, and sweet dough, all of which are used to manufacture RTE pastries.  You stated you visually inspect the temperature of the cooler (b)(4) and record it on the Cooler and Freezer Temperature record.  From December 31, 2017 to June 2, 2018, your records show 104 out of 153 (b)(4) where the temperature of the cooler was recorded above _____°F, reaching as high as ____°F.

FDA Inspections, Compliance, Enforcement, and Criminal Investigations
Warning Letter
LaMarquise Inc. 2/5/19