NY Taco Chain Linked to Over 150 Cases of Foodborne Illness

A NY taco chain is being linked to over 150 people becoming ill.  Cases have occurred in two counties  and it appears that a 'handful' of the Mighty Taco locations may be involved.  The symptoms are nausea and vomiting.  After removing suspect food, including refried beans, the number of cases looks to be subsiding.

An update was provided on 10/20/16.

WKBW News
http://www.wkbw.com/news/142-reported-illnesses-after-mighty-tacos-refried-beans-caused-concern-in-erie-county
142 reported illnesses after Mighty Taco's refried beans caused concern in Erie County

Cesar Brand of Pet Food Recalled for Small Plastic Pieces

Mars is recalling a limited number of Cesar Brand Filet Mignon Flavor wet dog food products due to small pieces of plastic that may be a potential choking risk.  According to the release, the small pieces of plastic entered the food during the production process.

Mars Corporate News Release
https://www.cesar.com/notice#

Micro Greens Recalled in CO for Salmonella Positive Sample

A Colorado company is recalling Organic Micro Greens sold at Whole Foods.  The recall was issued after FDA tested and found Salmonella is a sample of the product.

So what are microgreens?  They are very young plants of various vegetables, such as kale, spinach, beets, lettuce, etc, that are 7 to 14 days after germination.  Similar to bean sprouts, although sprouts are harvested 2 days after germination, so microgreens in comparison will have leaves and roots whereas sprouts will not.   However like sprouts, micro greens can be a higher risk for organisms like Salmonella.  The reason is that the conditions for growth of the micro greens will support organisms such as Salmonella.

FDA Recall Notice
http://www.fda.gov/Safety/Recalls/ucm524638.htm
Osage Gardens Inc. Recalls Osage Gardens Organic 2oz Micro Greens Because of Possible Health Risk
For Immediate Release
October 7, 2016

Chicken Salad Linked to Salmonella Outbreak in WA

Costco Chicken Salad, purchased on August 26, August 31 and September 2, 2016 in one Washington state Costco store may be linked to a Salmonella outbreak.  While the product is past the expiration date, concern would be for anyone who may have frozen the product and still have it in the freezer.

The concern still has to be how the product became contaminated.  Was the chicken undercooked?  Or was it a case of cross contamination after cooking?


FSIS Recall Notice
http://www.fsis.usda.gov/wps/portal/fsis/newsroom/news-releases-statements-transcripts/news-release-archives-by-year/archive/2016/pha-100916
FSIS Issues Public Health Alert for Chicken Product Due to Possible Salmonella Contamination

Limited Amount of Lunchables Recalled Due to Allergen Mislabeling

Kraft Heinz is recalling a limited amount of Lunchables product due to a mismatched label that resulted in allergens not being declared.  According to the release  "Lunchables Ham and American Cracker Stackers” products were incorrectly labeled with the back label for a “Nacho Lunchable” product. The back label contains the product ingredient statements and as such, the “Lunchables Ham and American Cracker Stackers” products that were mislabeled do not declare wheat and soy on the label.

FSIS Recall Notice
http://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2016/recall-093-2016-release
Kraft Heinz Recalls Ready-To-Eat Lunchables Ham and American Cracker Stackers Product Due to Misbranding and Undeclared Allergens
Class I Recall 093-2016
Health Risk: High Oct 9, 2016

Drumstick Sundae Cones Recalled Due to Positive LM Product Contact Surface

Nestle is recalling its ice cream treat, Drumstick cones, from Best before June 2, 2017 to June 19, 2017 after testing found the food contact surface positive for Listeria monocytogenes.  No product had tested positive.  No illnesses have been reported.

In the notice, it states "The products impacted by the voluntary recall were put into distribution inadvertently."  This may suggest that the product was on a test-and-hold and was released prior to the finalized test results.   Even though the positive was found on a surface that is classified as product contact, there is a risk that the product may have been contaminated as well, at least one has to consider it.


FDA Recall Notice
http://www.fda.gov/Safety/Recalls/ucm524634.htm
Nestlé USA Initiates Voluntary Recall Of Nestlé® Drumstick® Club 16 Count Variety and 24 Count Vanilla Pack Due to Possible Health Risk
For Immediate Release
October 7, 2016

Vermont Drops Enforcement of GMO Labeling

As part of an agreement, Vermont announced that it would not enforce its law requiring the mandatory labeling of GMO foods. Put best by Pamela G. Bailey, president of GMA, the group who fought the law, “.......the Vermont law opens the door to states creating mandatory labeling requirements based on pseudo-science and web-fed hysteria......If this law is allowed to go into effect, it will disrupt food supply chains, confuse consumers and lead to higher food costs.”

Agricultural Law Weekly Review—September 8, 2016
http://www.pennstateaglaw.com/2016/09/agricultural-law-weekly-reviewseptember_8.html
GMO Labeling: GMA and Vermont Agree to Voluntarily Dismiss Litigation
Written by M. Sean High – Staff Attorney

On September 1, 2016, the United States District Court for the District of Vermont signed an order of voluntary dismissal in the state GMO labeling case Grocery Manufacturers Association v. Sorrell (Case No. 5:14-cv-117-cr, Document 161). According to the order, the parties agreed to voluntarily dismiss the action without prejudice because: (1) on July 29, 2016, President Obama signed into law S.764 which established a “National Bioengineered Food Disclosure Standard;” (2) on August 1, 2016, USDA stated that S.764 preempted states from requiring the labeling of any genetically engineered food or seed in interstate commerce; and (3) on August 2, 2016, Vermont’s Attorney General (Sorrell) announced that the state would no longer enforce Vermont Act 120 which required the labeling of food produced with genetic engineering.

Webinar, 'Play FDA for a Day', Drives Paranoia to a New Level

The webinar, "Play FDA for a Day: Criminalization of foodborne illness and what you can do to protect your company", is presented by a lawyer and a testing company and directs companies to do testing for outbreak-related pathogens before the FDA does.  And if FDA finds an outbreak-related pathogen in your food facility, you are as good as going to jail.  And for these outbreak-related pathogens, there is 1 million unsolved outbreaks in the FDA database just waiting to get solved.  So get a lawyer and get the test kits ASAP.  Because FDA 'investigators' are going to be busting down your door and swabbing the heck out of your facility.

A little paranoia is good, but this presentation is over the top.   There is no doubt that companies need to keep their facilities in order, including ensuring the environment is under control,  doing environmental monitoring with effective corrective action especially when there is risk (product exposed to the environment).  But to date, there have been very few cases where the Department of Justice has gotten involved in outbreak investigations.  The investigations cited were ones where pathogens were found in food and linked to outbreaks through epidemiological investigation.  Subpoenas were issued when wrongdoing was suspected.  

Testing and advice for free or just the hook?  What is an over-the-top lawyer going to tell you when you have an organism in your drain?

(Don't have the time or the will to watch the video, you can read the white paper.)

RTE Bacon Recalled After Testing Finds Listeria

A Utah establishment is recalling ready-to-eat bacon "during the company’s routine internal third party testing when a product sample collected tested positive for Listeria monocytogenes (Lm). There have been no confirmed reports of illness or adverse reactions due to consumption of these products."
 
USDA News Release
http://www.fsis.usda.gov/wps/wcm/connect/FSIS-Content/internet/main/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2016/recall-092-2016-release
Daily's Premium Meats, LLC Recalls Bacon Products Due to Possible Listeria Adulteration