USDA Proposes Rule for Meat Products Labeled 'Made in the USA'

USDA is proposing a new rule if a USDA regulated company wants to state "Product of USA" or "Made in the USA" on the label.   While this would be a voluntary label, it does require documentation to show that indeed, the product is sourced and processed in the US....outside of spices and flavorings.


Food Business News
https://www.foodbusinessnews.net/articles/23358-usda-proposes-new-rule-for-product-of-usa-label
USDA proposes new rule for ‘Product of USA’ label

03.07.2023By Rachael Oatman

WASHINGTON — The US Department of Agriculture (USDA) proposed a new rule for “Product of USA” label claims on March 6. The rule would require that animals be born, raised, slaughtered and processed in the United States in order for meat, poultry and egg products to bear the “Product of USA” or “Made in the USA” label claim.

FDA Issues Warning Letter to Cat Food Company for Salmonella Contamination and Unsupported Use of PAA

FDA issued a Warning Letter to Arrow Reliance of Tukwila, WA, a manufacturer of cat food including Darwin’s Natural Selections Antibiotic & Grain-Free Chicken Recipe for Cats and Darwin’s Natural Selections Antibiotic & Grain-Free Turkey Recipe for Cats.

The inspection was " in response to a consumer complaint received about your products causing illness in the customer’s kittens. FDA laboratory analysis revealed these products to be contaminated with Salmonella. Further, during a follow-up inspection of [the] manufacturing facility, located at 350 Treck Drive, Tukwila, Washington, from August 23, 2022, through September 30, 2022, FDA collected an additional sample of your Natural Selections Antibiotic & Grain-Free Chicken Recipe for Cats. FDA laboratory analysis revealed this product was also contaminated with Salmonella."

The company tried to argue that Salmonella is not an issue in animal feed, but FDA responded, "The association between human illness or outbreaks of salmonellosis and Salmonella-contaminated pet foods is well established.6 Association with pet illness has also been shown.7 Thus, FDA considers a pet food to be adulterated if it is contaminated with Salmonella, regardless of the quantity or Salmonella serotype; however, Salmonella typhimurium is one of the most common serotypes that causes human infection."

The company was also spraying product with PAA (peroxyacetic acid) as a control, but this is not an approved application for this sanitizer. "FDA Investigators noted you continue to use PAA as a pathogen mitigation step and you have increased your PAA concentration from (b)(4) ppm to (b)(4) ppm on the advice of your PAA supplier and a third-party laboratory. There is no food additive regulation in 21 CFR Part 573 for the use of PAA in animal food, and PAA is not listed in 21 CFR Part 582 or 584 as a substance that is GRAS for the intended use. Furthermore, FDA is not aware of any data demonstrating that PAA is GRAS for any use in animal food."

The company was also not registered with FDA. They stated that they ship direct to consumers thorogh the use of third party warehouses...of course, this is distribution and not retail sales. The "Director of Quality informed FDA’s Investigators that the majority of your product (approximately (b)(4) percent) is shipped directly to consumers from third-party warehouses rather than from your facility. Thus, your manufacturing facility is not a retail food establishment as defined in 21 CFR 1.227."

https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/arrow-reliance-inc-644947-02162023

Arrow Reliance Inc.
MARCS-CMS 644947 — FEBRUARY 16, 2023

OR Establishment Recalls Package Salad After Placing Incorrect Bottom Label On Package

GH Foods NW, LLC, of Clackamas Ore. establishment, is recalling approximately 106 pounds of ready-to-eat salad with chicken products due to misbranding and undeclared allergens,  he ready-to-eat lemon chicken & arugula salad products were produced February 28, 2023. The products are labeled with the correct top label but an incorrect bottom label. The incorrect bottom label contains the ingredient statement for a Broccoli Slaw and Kale Salad with White Chicken Meat product, which does not contain wheat.

https://www.fsis.usda.gov/recalls-alerts/gh-foods-nw-llc-recalls-ready-eat-salad-chicken-products-due-misbranding-and
GH Foods NW, LLC Recalls Ready-to-Eat Salad with Chicken Products Due to Misbranding and Undeclared Allergens

WASHINGTON, March 4, 2023 – GH Foods NW, LLC, a Clackamas, Ore. establishment, is recalling approximately 106 pounds of ready-to-eat salad with chicken products due to misbranding and undeclared allergens, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. The product contains wheat, a known allergen, which is not declared on the product label.

CA Company Issues Sixth Recall for Undeclared Items on Imported Foods

Daiso California LLC of La Mirada, CA issued it's 6th recall recalling of snack items s due of undeclared allergen ingredients.  The items are imported.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/daiso-issues-allergy-alert-prepackaged-snack-items
Daiso Issues Allergy Alert for Prepackaged Snack Items

FDA Issues Public Health Alert on Oysters from Florida

FDA issued a health alert regarding oysters harvested from Cedar Key, FL harvested from December though February due to the potential for Salmonella contamination.  "To date, there have been 8 cases linked to this outbreak within Florida, Georgia, and Alabama." 

The issue of course, is when contaminated oysters are eaten raw or near-raw.  Oysters, as filter feeders,  are problematic when there are microbiological contaminants in the waters from where the oysters are harvested.  More often we see viral contaminants - such as Hepatitis A or Norovirus or the bacterial foodborne pathogen species Vibrio vulnificus or Vibrio parahaemolyticus. But Salmonella is also a concern, as seen in this case.

The notice states "The FDA is advising consumers not to eat, and restaurants and food retailers not to sell, and to dispose of recalled wild harvest oysters from FL-3012, Cedar Key, Florida, harvested between December 16, 2022, and February 24, 2023, due to possible Salmonella contamination. These oysters were sold in Alabama, Florida, and Georgia. "  "On February 24, 2023, the Florida Department of Agriculture and Consumer Services issued an emergency closure order for wild harvest oysters from harvest area FL-3012 and initiated a recall."  That recall notice is posted below.

https://www.fda.gov/food/alerts-advisories-safety-information/fda-advises-restaurants-retailers-and-consumers-avoid-recalled-wild-harvest-oysters-harvest-area-fl
FDA Advises Restaurants, Retailers and Consumers to Avoid Recalled Wild Harvest Oysters from Harvest Area FL-3012, Cedar Key, Florida Potentially Contaminated with Salmonella

FDA Warning Letter - DE Facility with No Food Safety Plan for RTE Hummus

FDA issued a Warning Letter to M. Fierro & Sons, LLC, a manufacturer of ready-to-eat (RTE) hummus and cheese manufacturing facility located in Wilmington, DE.

The list of violations is long and quite scary considering they are making RTE products such as hummus and cheese. 

• No Food Safety Plan - so specific pathogens were not identified nor were appropriate controls.
• Inadequate controls for cooking and cooling of product.
• No allergen controls
• No environmental controls and monitoring
• Improper cleaning and sanitizing.

https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/m-fierro-sons-llc-641400-01192023
M. Fierro & Sons, LLC
MARCS-CMS 641400 — JANUARY 19, 2023


Recipient:
Mr. William J. Meany
Owner
M. Fierro & Sons, LLC
1025 N. Union Street
Wilmington, DE 19805-2752
United States

Upstart (in US) Supermarket Chain Recalls Cocktail Shrimp After Testing Finds Listeria

Lidl US has announced a voluntary recall of ready-to-eat Tapas branded Cocktail Shrimp by Lidl, 7 oz., due to potential Listeria monocytogenes contamination.   The recall was issued as a result of routine testing, which revealed that the finished product contained the bacteria. Lidl performs this testing on an ongoing basis to help ensure safe and quality products for our customers. Lidl US has ceased the production and distribution of the product as we continue our investigation in conjunction with the FDA to resolve the issue. Lidl US has received no reports or complaints of illness related to this product to date.

The product was distributed to all Lidl US store locations. Lidl US has store locations in Delaware, District of Columbia, Georgia, Maryland, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, and Virginia.

Lidl is a German discount supermarket chain which launched stores in the US in 2017.  After its first stores in VA and NC, it now has more than 150 stores on the East Coast.  It has a similar approach as Aldi, another German food store, but has been described as a bit more upscale.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/lidl-voluntarily-recalls-7-oz-tapas-branded-cocktail-shrimp-lidl-due-possible-health-risk
Lidl Voluntarily Recalls 7 oz Tapas Branded Cocktail Shrimp by Lidl Due to Possible Health Risk
Summary
Company Announcement Date:  March 01, 2023
FDA Publish Date:  March 01, 2023
Product Type:  Food & Beverages
Reason for Announcement:  Listeria monocytogenes
Company Name:  Lidl US
Brand Name:  Tapas
Product Description:  Cocktail Shrimp

Candy Company Recalls Chocolate Product For Undeclared Allergens After Packaging Error by Co-packer

Russell Stover Chocolates of Kansas City, Missouri, is voluntarily recalling two (2) Best Before Dates of its Sugar Free Peanut Butter Cups in 2.4 oz packaging due to the potential for undeclared pecans. The recalled Sugar Free Peanut Butter Cups may contain Sugar Free Pecan Delights.  The recall was initiated following consumer contacts regarding the wrong product inside the outer packaging for Sugar Free Peanut Butter Cups product. Russell Stover has received no reports of any illness or allergic reactions related to this issue to date.  An error by the firm’s 3rd party co-packing company resulted in individually-wrapped Sugar Free Pecan Delight products being placed in the outer packaging for Sugar Free Peanut Butter Cups. The inner packaging correctly identifies the products as Sugar Free Pecan Delights and the physical Sugar Free Pecan Delight product appears distinct from the Sugar Free Peanut Butter Cup product.

Co-packing is very common today with an estimated 25% of branded product co-packed or co-manufactured.  Brand owners have to ensure that their co-packing partners have tight systems for managing quality and food safety.


https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/russell-stover-chocolates-issues-allergy-alert-undeclared-pecan-sugar-free-peanut-butter-cups
Russell Stover Chocolates Issues Allergy Alert on Undeclared Pecan in Sugar Free Peanut Butter Cups
Summary
Company Announcement Date:  February 28, 2023
FDA Publish Date:  February 28, 2023
Product Type:  Food & Beverages
Reason for Announcement:  Undeclared Pecan
Company Name:  Russell Stover Chocolates
Brand Name:  Russell Stover
Product Description:  Sugar Free Peanut Butter Cups

WA Firm Recalls Distributed Seafood Products That Had No Allergen Labeling

Lemonland Food Corp of Kent, Washington initiated a recall of seasoned fisheries and seasoned vegetable products because it may contain undeclared soy, wheat, sesame, peanut, walnut, milk, crab, shrimp, and fish.  The firm distributed un-labeled plastic containers in 6oz, 8oz, 12oz, and 16 oz to H-mart, G-mart and M2M retail stores in Washington between 2/16/23 and 2/23/23. Those containers were labeled with H-mart, G-mart or M2M white adhesive labels and the allergens may have not been declared properly.  The allergens mis-labeling issue was discovered during the inspection by the Washington State Department of Agriculture (WSDA) on February 22, 2023. The firm has stopped producing, re-packing, and distributing since February 23, 2023, and will resume operation when the new labels are available.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/lemonland-food-corp-issues-allergy-alert-undeclared-soy-wheat-sesame-peanut-walnut-milk-crab-shrimp
Lemonland Food Corp Issues Allergy Alert On Undeclared Soy, Wheat, Sesame, Peanut, Walnut, Milk, Crab, Shrimp, Fish (Anchovy, Big Eye Herring, Golden Threadfin Bream, Hairtail, Lizard Fish, Sardine, Pollock) In Multiple Products
Summary
Company Announcement Date:  February 28, 2023
FDA Publish Date:  February 28, 2023
Product Type: Food & Beverages
Reason for Announcement:  Potential or Undeclared Allergen/ Crustacean Shellfish, Fish, Milk, Peanuts, Soybean, Tree Nuts Wheat
Company Name:  Lemonland Food Corp
Brand Name:  No Brand name Listed on Package
Product Description:  Seasoned fisheries and seasoned vegetable products