Justice Department Investigations of Companies Involved in Food Outbreaks

 In a Wall Street Journal Risk Blog, there is discussion on the US Justice Department becoming more interested / involved in the investigation of companies involved in food illness outbreaks.  In the WSJ article, it states, "The [Justice] department has said it will focus more efforts on individual law-breakers after a recent memo that requires turning over information about responsible individuals to the government for a company to receive cooperation credit."  After success with the PCA investigation, the Justice Department has opened investigations into Chipotle and Blue Bell.

Wall Street Journal
http://blogs.wsj.com/riskandcompliance/2016/01/08/the-morning-risk-report-justice-department-sending-message-on-food-safety/

The Morning Risk Report: Justice Department Sending Message on Food Safety

Two newly opened investigations and a banner conviction mean the U.S. Justice Department is sending a message to the food industry to take product safety more seriously, an expert said.

Blue Bell Provides Update on Listeria Control Efforts

Blue Bell provided an update on their enhanced Listeria control systems in the aftermath of the Listeria related recall.   In their press release, they state their products are safe and that they have identified sources where the organism may be present and that corrective actions have been taken.

We have identified locations where suspected Listeria species may be present in our facility, and we continue to extensively clean and sanitize those areas and make additional enhancements to the facility and our procedures based on the environmental test results. To confirm that our robust environmental program is effective, and that our “seek and destroy” goals are being achieved, we expect to periodically find microbiological indications in our facilities.

So while the company indicates that they found locations where Listeria may be positive, they provide assurance that there is no issue.  Finding positives for Listeria species in the environment can be expected, provided that those sites are not close to product or process.  This is actually the case in many food facilities.  Rarely is Listeria completely eliminated, but rather it is a case of ongoing control.  The key is continually searching and completing corrective action for any potential positives to prevent reoccurrence, as well as ensuring the product has not been affected.  The facility seems to be following through on both.  I would be more suspect if they said that they found absolutely none.

It is interesting, however, to see how the media portrays this.  In a web search on the topic, we see the headlines Blue Bell finds signs of listeria in plant, Blue Bell: Suspected Listeria found in facility, not in product, and of course the highly cited Food Safety News -  Blue Bell says it’s still got Listeria in its facility .  While their articles downplay the risk to the product, the headlines create a sense of higher risk.

Blue Bell News Release
http://cdn.bluebell.com/the_little_creamery/press_releases/facilities-update-1-7-16
An update on our enhanced procedures at our production facilities

Brenham, TX, January 7, 2016 – As we complete our final phase of distribution, we wanted to update our loyal customers on what has been going on in our production facilities. We continue to strictly adhere to our enhanced operations, policies, employee training and cleaning procedures to help give regulatory agencies and the public assurance that all aspects of our facilities and operations are resulting in a safe product.

FDA Withdraws the Draft Guidance for Acidified Foods (2010)

The FDA published notice that they are withdrawing the Acidified Foods Draft Guidance which was issued in  2010.  The draft guidance was intended to support acidified foods regulations by helping commercial food processors in determining whether their food products are subject to these regulations.  "The draft guidance also was intended to help processors of acidified foods in ensuring safe manufacturing, processing, and packing processes and in employing appropriate quality control procedures. " 

They are withdrawing the draft guidance, because it will be covered in part within FSMA``Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food'' in conjunction with guidance documents that are being developed to support that rule. 


Federal Register
https://www.gpo.gov/fdsys/pkg/FR-2015-12-30/html/2015-32781.htm
Acidified Foods; Draft Guidance for Industry; Withdrawal of Draft
Guidance

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; withdrawal.

FDA Enforcement Actions - December 2015

In the FDA's record of Enforcement Actions for December of 2015, there are a few product issues that were not identified in the public notice for recalls.  Included are sugar products for metal, frozen beans for Listeria, bottled juice for patulin, and peanut butter for metal.

For the full listing, use this link.

Deer Parts Removed from PA Restaurant During Inspection

A restaurant in Lititz, PA was found to have a large amount of deer parts including heads and brains.  In a joint investigation, the Pennsylvania Game Commission and  PA Dept of Ag removed this - "Amount of parts removed included: 4 trash bags, 2 boxes, 3 plastic tubs, one 5 gallon bucket and 9 trash bags of prepared foods."  The owner indicated that it was for his own consumption.

 The inspection was completed after a confidential tip was made to the authorities.  It is not legal to sell meat from wild game animals.  Having deer heads and brains in the establishment is also a risk for CWD - chronic wasting disease.

In addition, inspectors found numerous violations.

  

PennLive.com

http://www.pennlive.com/news/2015/12/deer_brains_heads_parts_confis.html

Deer brains, heads, parts confiscated from Chinese restaurant: Ag department inspection

  

The Pennsylvania Game Commission is investigating a large quantity of deer heads, brains and other, unidentifiable parts found at the New China House restaurant in Lititz Dec. 16, according to an agriculture department inspection report, but the eatery remains open.

 

The restaurant, at 721 S. Broad St., was listed as "out of compliance" by the state Department of Agriculture after an inspector Dec. 16 found 18 violations, including the following:

 

"PA Game Commission confiscated the following from facility walk-in cooler and freezer after operator was unable to provide documentation that game animal meats being used in the facility were from an approved source: deer brains, deer heads, skinned and whole tails, legs, muscle meat, spines, necks and other unidentifiable parts both raw and cooked. Amount of parts removed included: 4 trash bags, 2 boxes, 3 plastic tubs, one 5 gallon bucket and 9 trash bags of prepared foods. In addition, sampling of prepared food found in walk-ins were taken to be tested for species identification."

 

Cucumbers Recalled in GA and FL Due to Potential for Salmonella Contamination

A Florida produce company is recalling cucumbers after a random sampling and testing conducted by FDA produced a positive Salmonella result.  No illnesses have been reported.  Product was distributed in Florida and Georgia.


FDA Recall Notice
http://www.fda.gov/Safety/Recalls/ucm479661.htm
Recall: Firm Press Release
Thomas Produce Recalls Cucumbers because of Possible Health Risk
For Immediate Release


December 31, 2015
Contact
Consumers Richard Wilson   1-561-482-1111
Firm Press Release

Thomas Produce Company of Boca Raton, FL is recalling 174 bulk-packed containers of Cucumbers. This product has the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella may experience fever, diarrhea (which may be bloody), nausea, vomiting, and abdominal pain.

This product was sold to distributors in Florida and Georgia between 12/15/2015 and 12/16/2015. All distributors that received this product have been notified as of the time of this press release.

Boneless Pork Rib Entree Recalled for Foreign Material

An Ohio company is recalling boneless pork rib entrée products after receiving consumer complaints about glass or hard plastic.  Close to 300,000 pounds of Boston Market branded product spanning approximately 4 months of production are included in the recall.  There have been no reported injuries to date.

USDA Recall Notice
http://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2015/recall-149-2015-release
Bellisio Foods, Inc. Recalls Boneless Pork Rib Frozen Entree Products Due To Possible Foreign Matter Adulteration
Class II Recall 149-2015
Health Risk: Low Dec 22, 2015

En Español
Congressional and Public Affairs
Kristen Booze
(202) 720-9113 

WASHINGTON, Dec. 22, 2015 – Bellisio Foods, Inc., a Jackson, Ohio establishment, is recalling approximately 285,264 pounds of boneless pork rib shaped patty frozen entree products that may be adulterated with extraneous materials, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The Boston Market Boneless Pork Rib Shaped Patty with BBQ Sauce and Mashed Potatoes frozen entree items were produced on various dates between Sept. 09, 2015, and Dec. 14, 2015. The following products are subject to recall: [View Label (PDF Only)]
14-oz. boxed packages containing “Boston Market Home Style Meals Boneless Pork Rib Shaped Patty with BBQ Sauce and Mashed Potatoes” with Use By dates 09/09/2016; 09/22/2016; 10/08/2016; 10/30/2016; and 12/14/2016.

Justice Department Investigating Blue Bell Regarding Listeria Outbreak

Blue Bell is back in the news as CBS News is reporting that the US Justice Department has started an investigation into the conditions that led to the 2015 Listeria outbreak and what company executives knew and when they knew it.

Similar to what was seen with PCA Salmonella outbreak, there may be concern that the company knew of substandard conditions and Listeria contamination within the processing environment, and did not take sufficient action.

CBS News
http://www.cbsnews.com/news/dept-of-justice-investigating-blue-bell-for-deadly-listeria-outbreak/
Dept. of Justice investigating Blue Bell for deadly Listeria outbreak
By Jim Axelrod CBS News

December 29, 2015, 7:43 PM

The Department of Justice has started an investigation into Blue Bell after their ice cream was linked to a deadly Listeria outbreak earlier this year that killed three people.

A Second Outbreak of E. coli Associated with Chipotle is Being Investigated

The FDA and CDC are investigating a second outbreak of a different Shiga toxin-producing Escherichia coli O26 (STEC O26) that is being linked to Chipotle Mexican Grill restaurants during December 2015. Based on DNA fingerprinting, this outbreak is different that a larger E. coli outbreak which occurred in November as was primarily located in the northwestern part of the country (53 people in 9 states).   To this point, 5 people have become infected in this second outbreak. 

Unfortunately, most of the corrective actions for system improvements probably came after this second outbreak occurred.  But a point many have made is that more should have been done sooner.  Delayed reaction, due in part to an underestimation of the event, allowed more issue to occur in the meantime.  This now looks bad in that more issues are popping up after the big proclamation of a company wide food safety enhancement.

An interesting point in the NY Time article below is that there has been difficulty in tracking because of record keeping.

FDA Outbreak News Release
http://www.fda.gov/Food/RecallsOutbreaksEmergencies/Outbreaks/ucm470410.htm
FDA Investigates Multistate Outbreak of E. coli O26 Infections Linked to Chipotle Mexican Grill Restaurants

December 22, 2015
On this page:

• Update
• What is the Problem and What is Being Done About It?
• What are the Symptoms of E. coli O26?
• Who is at Risk?
• What Do Consumers Need To Do?
• Who Should be Contacted?
• Additional Information

The U.S. Food and Drug Administration along with the Centers for Disease Control and Prevention (CDC) and state and local officials are investigating an outbreak of E. coli infections.
Update: December 22, 2015

• The FDA, CDC, and state and local officials are investigating a second, more recent outbreak of a different, rare DNA fingerprint of Shiga toxin-producing Escherichia coli O26 (STEC O26) linked to Chipotle Mexican Grill restaurants.
• The CDC reports that five people have been reported with the new variant of STEC O26 from a total of three states: Kansas (1), North Dakota (1), and Oklahoma (3).
• The Kansas and North Dakota cases ate at the same restaurant in Kansas. The three separate Oklahoma cases all ate at the same Chipotle restaurant.
• As of December 18, 2015, 53 people infected with the previously reported outbreak strain of STEC O26 have been reported from nine states: California (3), Illinois (1), Maryland (1), Minnesota (2), New York (1), Ohio (3), Oregon (13), Pennsylvania (2), and Washington (27).
• The epidemiologic evidence available at this time suggests that a common meal item or ingredient served at Chipotle Mexican Grill restaurants in several states is a likely source of both outbreaks.
• The investigations are still ongoing to determine what specific food is linked to illness. .