Sunland Foods, producer of contaminated peanut butter, goes out of business

Sunland Foods, the NM producer of organic peanut butter that was responsible for 42 cases of Salmonella in 20 states, closed its doors and filed for Chapter 7 bankruptcy. The financial costs of the peanut butter recall in conjunction with an FDA mandated shutdown (as part of FDA’s new powers granted them by FSMA) . The shutdown came after an FDA investigation that had some very troubling findings.

The recall began in September of 2012 when Trader Joe’s peanut butter was linked to a number of salmonellosis cases. While the company began some operations in January, 2013, it was not allowed to resume production of ready-to-eat items until May of 2013.
The insurance carrier for Sunland, is suing Sunland to get out its obligation for covering lawsuits that resulted from the contamination event.

 

Las Vegas Sun
NM peanut butter plant closes, files for Chapter 7
http://www.lasvegassun.com/news/2013/oct/13/us-peanut-butter-plant-bankruptcy/
The Associated Press
Sunday, Oct. 13, 2013 | 12:05 a.m.

An eastern New Mexico peanut butter plant involved in a nationwide salmonella outbreak last year has closed its doors and filed for Chapter 7 bankruptcy.

Update on Cyclospora outbreak in produce

In August, CDC had reported a Cyclospora outbreak in the US that affected over 600 and indicated that it was actually two different cases, one centered in Iowa and Nebraska, and the other centered in Texas. (http://pennstatefoodsafety.blogspot.com/2013/08/as-of-august-26th-cdc-is-reporting-that.html). The CDC has updated their information regarding the second case. While the outbreak in Iowa and Nebraska was linked to contaminated bagged lettuce produced by the Mexican subsidiary of Taylor Farms, the second case is being linked to Mexican cilantro, but no company has been identified at this point. In all, there were approximately 643 illnesses in 25 states.

 

CDC Outbreak Update

Investigation of an Outbreak of Cyclosporiasis in the United States

Highlights

 

Cyclospora cayetanensis is a single-celled parasite that causes an intestinal infection called cyclosporiasis.

Reser's Recalls Salad Items Due to the Potential for Listeria Contamination

Update 10/26/13
Reser's is expanding the recall of chicken, ham and beef products to include all products produced between Sept 5 and Oct 9, 2013 in the Topeka KS facility.
http://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2013/recall-059-2013-release-expansion


Reser’s Fine Foods is recalling over 100,000 cases of refrigerated salads (including potato salad, cole slaw, pasta salad, chicken salad, tuna salad, and ham salad) as well as dips due to the potential to be contaminated with Listeria monocytogenes. There have been no reported illnesses, the contamination was discovered by testing conducted by the Canadian Food Inspection Agency, and from the USDA news release, it appears that FDA confirmed the presence of the pathogen on food contact surfaces in the manufacturing facility. The facility is located in Topeka, Kansas. Product was distributed in 27 different states.

The products were packaged under a number of brand names, and based on the package size, it appears that most of this product is destined for the food service / institutional channel. So if this is the case, there will be further handling by these foodservice providers and thus the potential for additional cross contamination issues within those operations. This is especially troublesome if these foodservice providers cater to high risk groups (elderly care facilities, etc).


FDA Recall Notice
Reser’s Fine Foods, Inc. Recalls Refrigerated Ready-to-Eat Products Due to Potential Health Riskhttp://www.fda.gov/Food/RecallsOutbreaksEmergencies/Recalls/default.htm

FOR IMMEDIATE RELEASE - October 22, 2013 - Reser’s Fine Foods of Beaverton, Oregon is recalling approximately 109,000 cases of refrigerated ready-to-eat products because it may be contaminated with Listeria monocytogenes. Listeria is an organism which can cause serious and sometime fatal infections in young children, frail or elderly people and individuals with weakened immune systems. Healthy people may suffer only short term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea. Listeria infection can cause miscarriages and stillbirths among pregnant woman.

Jensen brothers plead guilty, look to sue auditing firm

Two interesting stories in The Packer (below) – the Jensen brothers arrested as part of the outbreak related to Listeria in cantaloupes (http://pennstatefoodsafety.blogspot.com/2013/09/jenson-brothers-growers-of-tainted.html), plan to plead guilty to the charges. Additionally, they are looking to sue the auditing firm who gave them a 96 out of 100. 

The last point is interesting in that they are basically looking to blame the firm for not giving them a harder audit, and for mot have a complete understanding their entire process. I wonder if the auditing firm was involved when they made the decision to use a potato washer for cleaning and cooling cantaloupes….probably not. As we say, 3rd party audits are snapshots of the operation, but are not designed to do microbiological evaluations of an operation unless there are blatant issues. Processors need to know their processes better than the inspectors, and if they are relying on inspectors to tell them how to process, they need not to be in business.

Costco issuing a recall for cooked Foster Farms chicken

Costco is recalling over 20,000 units of rotisserie cooked chicken product because the product may have been connected to some of the illnesses related to the Foster Farms Salmonella outbreak. While Costco reports to cook chicken to 180ºF, investigators are suggesting that cross contamination may be the issue.

The number of illnesses related to Foster Farms contaminated with Salmonella is now reported to be 317 cases Foster Farms has not yet conducted a recall. Some are predicting that this may face higher liabilities due to their inaction. It has already had an impact on their sales. FSIS did issue an FAQ (included below), but it would have been nice if they specifically answered the question why they did not request a recall.

This will be an interesting case to follow in that Costco has issued a recall, but Foster Farms has not.


USDA News Release

California Wholesale Store Recalls Rotisserie Chicken Products Due To Possible Salmonella Contamination

http://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2013/recall-058-2013-expanded

WASHINGTON, Oct. 17, 2013 – Costco’s El Camino Real store in San Francisco, Calif., is recalling an additional 14,093 units of rotisserie chicken products that may be contaminated with a strain of Salmonella, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. This is in addition to the 9,043 units that were recalled on Oct. 12.

Alert issued on raw chicken after 278 cases of salmonellosis

FSIS issued a public health alert on Foster Farm raw chicken after the chicken had been associated with 278 cases of salmonellosis. A recall was not issued in that FSIS is unable to link the illnesses to a specific product and a specific production period. Products were distributed on the west coast (CA, WA, and OR), with illnesses in some 18 sates.

 

Of course, properly cooking chicken (to 165ºF) as well as handling in a way that would prevent cross contamination would prevent foodborne illness. But we cannot blame the consumer. Reading through the comments section of each of news outlet’s articles, we can find a number of different people to blame.

• Congress - for furloughing government workers (although USDA inspectors are still on the job and this outbreak began months ago.
• Meat eaters – if people didn’t eat meat, they wouldn’t get Salmonella from chickens, except if we kept the chickens as pets.
• USDA – If they did their job, Salmonella would simply not exist on chickens. Although USDA has worked with processors for years, dropping the incident rate over the past few decades, Salmonella is still present although at a much lower incident rate (See graph below).
• The Industrial Processor – growing chicken in cramp quarters, washing them in chlorine baths, ,etc, is bound to have more Salmonella than that raised by the local farmers. Although work done here at Penn State found that it is probably not the case. (Story below or link at http://news.psu.edu/story/281316/2013/07/11/research/whole-chickens-farmers-markets-may-have-more-pathogenic-bacteria)

 Certainly, poultry processors do want to ensure that the levels of Salmonella are as low as possible to help ensure that small mistakes made by consumers is less likely to result in foodborne illness.

 

USDA News Release

 FSIS Issues Public Health Alert for Chicken Products Produced at Three Foster Farms Facilities

 

The Park Doctrine and Jensen Farms

Many were surprised by the recent arrest of the Jensen Farm’s owners for selling Listeria contaminated cantaloupes that caused 33 deaths (http://pennstatefoodsafety.blogspot.com/2013/09/jenson-brothers-growers-of-tainted.html). Introducing the Park Doctrine. All responsible company officials, whether their company is manufacturing food items OR distributing food items manufactured by someone else, should be aware of the implications. 

 From the FDA Law Blog – Feb 2, 2011 (reference below):

“… a corporate official can be convicted of a misdemeanor based solely on his position of responsibility and control to prevent the underlying violation of the FDCA. There is no requirement that the official acted personally in the wrongdoing, or that he even had knowledge of it. The Supreme Court determined that the FDCA “imposes not only a positive duty to seek out and remedy violations when they occur but also, and primarily, a duty to implement measures that will insure that violations will not occur.” Park, 421 U.S. at 672.”

 This is not limited to the processors, but to those who utilize contract manufacturers. From the FDA Law Blog – May 28, 2013 (reference below):

“The letters cite Park and Dotterweich to support the legal theory that a distributor that uses contract manufacturers or labelers may be liable (or convictable) for Current Good Manufacturing Practice ("CGMP") violations by its contractors.”

This is different than the PCA Peanut Butter cases, where officials knew they were shipping contaminated product. As seen in the Jensen case, it is more of a point that they should have known and taken preventive actions.


FDA Law Blog

February 06, 2011

FDA Finally Releases “Non-binding” Park Doctrine Criteria

http://www.fdalawblog.net/fda_law_blog_hyman_phelps/2011/02/fda-finally-releases-non-binding-park-doctrine-criteria.html

By Anne K. Walsh –

Eleven months after telling Senator Grassley (in a letter available here) that “[c]riteria now have been developed for consideration in selection of misdemeanor prosecution cases and will be incorporated into the revised policies and procedures that cover appropriate use of misdemeanor prosecutions,” FDA just last week finally released those criteria. The idea behind such criteria is to increase misdemeanor prosecutions against corporate officials under the Park doctrine. 

Jenson Brothers, Growers of Tainted Canteloupes, Arrested

The Jensen brothers, owners of the farm that grew and packed the Listeria tainted cantaloupes which were responsible for killing 33, have been arrested and now face jail time for the incident. This is in addition to having their farm go bankrupt, one owned by the family for generations. 

This case is a huge deal for all food operations in that owners/managers are facing prison for a foodborne outbreak. While all basically agree that there was no intent by the Jensen brothers, it is the fact that the shipped contaminated product from an operation with food safety lapses that have led to the misdemeanor charges, where intent is not a factor. The food safety lapses can be summed up”

1) They installed a potato washer to wash cantaloupes. It did not wash cantaloupes well, it did not cool them, and the equipment was not easy to clean. Because it was not easy to clean, it actually served as a source of contamination. By not cooling, the warmer temperatures provided better growing conditions for Listeria on the outside of the cantaloupe.

2) The chlorine sanitizer spray system was not operational.

The later point is worth noting. In certain applications, it is easy to overlook these microbial reduction interventions. Who knows, perhaps the location of the spray nozzles were located at a point where the chlorine would be quickly inactivated because of the solids on the cantaloupes, so they decided not to hook them up. 

It can be easy to look at a number of bacterial reduction interventions and wonder if there is a significant impact versus the cost of operating that intervention, or operating it at the level it should be operated. Or even maintaining the appropriate verification steps (checking concentration, conducing bacterial counts before and after) to ensure that the intervention is operating at that level it is supposed to be operating. 

So when the unfortunate event occurs, in this case one of the most deadly foodborne outbreaks in US history, investigators are going to look at everything - Is the process right for the products it is processing? Are the appropriate antimicrobial systems in place that are standard in the industry? Are the antimicrobials systems that are in place working, and are they operating at the right parameters? 

Companies need to use this case as a reason to review all processes, with specific attention to these antimicrobial interventions. If a system is in place, make sure it is working as it designed. If these systems are not operating, then either fix it. If they have been abandoned, then move it, replace it or remove it.

Note that these brothers are just farmers, one 37 years old, and the other 33. While the thought of jail time probably pales in comparison to the responsibility for 33 deaths, they probably wonder how some poor decisions led to where they are now.


United States Attorney’s Office – District of Colorado
New Release
http://www.justice.gov/usao/co/index.html

Eric and Ryan Jensen charged with introducing tainted cantaloupe into interstate commerceFOR IMMEDIATE RELEASE

September 26, 2013

DENVER – Eric Jensen, age 37, and Ryan Jensen, age 33, brothers who owned and operated Jensen Farms, located in Granada, Colorado, presented themselves to U.S. Marshals in Denver today, where taken into custody on federal charges brought by the U.S. Attorney’s Office with the Food and Drug Administration – Office of Criminal Investigation, United States Attorney John Walsh and Food and Drug Administration (FDA) Office of Criminal Investigations Special Agent in Charge Patrick Holland announced. The Information charges the brothers with introducing adulterated food into interstate commerce. The defendants are scheduled to make their initial appearance this afternoon at 2:00 p.m. before U.S. Magistrate Judge Michael E. Hegarty. At that hearing they will be advised of their rights as well as the charges pending against them.

According to the six-count Information filed under restriction on September 24, 2013, as well as other court records, Eric and Ryan Jensen allegedly introduced adulterated cantaloupe into interstate commerce. Specifically, the cantaloupe bore a poisonous bacteria, Listeria monocytogenes. The Information further states that the cantaloupe was prepared, packed and held under conditions which rendered it injurious to health.

Salad Items Recalled due to Potenial Listeria Contamination

Update 10/25/13 - Garden Fresh is expanding its recall http://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2013/recall-055-2013-expansion

Garden Fresh Foods of Wisconsin is recalling various salad, slaw and dip items due to the potential for Listeria monocytogenes. The problem was discovered through product testing conducted by FDA.  To date, there have not been any reported illnesses.

Product was shipped nationally under various brand names: Market Pantry, Archer Farms (both Target brands), D’Amico and Sons, Finest Traditions, Garden Fresh and Weis.

This same company issued a recall back at the beginning of the month. This was a smaller recall, that for potato salad, but for the same reason – the potential for Listeria as well (link below). That was discovered through routine sampling. Being that occurred over three weeks ago, it would probably indicate the company was under increased scrutiny. And this may be why the latest recall notice indicated that the pathogen was discovered through testing done by FDA.

As we discuss many times, this is a reason for companies using co-packing operations to watch recall notices and consider strong action when their co-packer has an issue. It may not be your brand initially impacted or even the product you purchase, but in too many cases, we see these contamination events rapidly expand when FDA or USDA investigate smaller issues and find the troubled manufacturer has bigger issues that impact a broader set of products.


USDA Recall Alert
Wisconsin Firm Recalls Ready-To-Eat Chicken And Ham Products Due To Potential Listeria Monocytogenes Contamination
Class I Recall 055-2013

Health Risk: High Sep 25, 2013

Congressional and Public Affairs
Catherine Cochran
(202) 720-9113

WASHINGTON, Sept. 25, 2013 – Garden Fresh Foods, a Milwaukee, Wisc.establishment, is recalling approximately 19,054 pounds of ready-to-eat chicken and ham products due to possible contamination with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.