NY Firm Recalls Ice Cream for Undeclared Peanut After Mocked-up Case Enters Commerce

Van Leeuwen Ice Cream of Brooklyn, NY is voluntarily recalling its Vegan Pumpkin Cinnamon Roll Lot 24V094 pints sold at the 81 Bergen Street Brooklyn, NY location. These pints contain an undeclared allergen, peanuts.  The recall was initiated after it was discovered that 8 pints containing the peanut allergen were distributed in packaging that did not reveal the presence of peanuts. 4 pints have been recovered to date, leaving 4 pints remaining out in distribution. Subsequent investigation identified the problem was caused by a mock case sample which accidentally entered the distribution channel.

So how can this happen? A likely scenario - the company had developed the new packaging for Vegan Pumpkin Cinnamon Roll and decided to fill it with whatever was running that day to see what the packaging looked like full / try out the new packaging on the filler / etc.  So the containers were filled with peanut ice cream, but it was not destroyed after the trial.  Rather, this mock case made its way to the warehouse and was subsequently distributed.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/van-leeuwen-ice-cream-issues-allergy-alert-undeclared-peanuts-vegan-pumpkin-cinnamon-roll-non-dairy
Van Leeuwen Ice Cream Issues Allergy Alert on Undeclared Peanuts in Vegan Pumpkin Cinnamon Roll Non-Dairy Frozen Dessert
Summary
Company Announcement Date:  July 30, 2024
FDA Publish Date:  July 30, 2024
Product Type:  Food & Beverages
Reason for Announcement:  Undeclared Peanut Allergen
Company Name:  Van Leeuwen Ice Cream
Brand Name:  Van Leeuwen
Product Description:  Vegan Pumpkin Cinnamon Roll Non Dairy Frozen Dessert

VA Establishment Expands Recall As Testing Determines Outbreak Strain in Liverwurst Product

CDC and USDA-FSIS have identified Boar's Head liverwurst as having the outbreak strain of Listeria that has resulted in 34 cases with 33 hospitalizations and 2 deaths. From the CDC, "As of July 26, 2024, a total of 34 people infected with the outbreak strain of Listeria have been reported from 13 states (see map). Sick people’s samples were collected from May 29, 2024, to July 12, 2024 (see timeline). Of 33 people with information available, all 33 have been hospitalized. One person got sick during their pregnancy and remained pregnant after recovering. Two deaths have been reported, 1 in Illinois and 1 in New Jersey."

Whole genome sequencing results show that a liverwurst sample collected by the Maryland Department of Health tested positive for the outbreak strain of Listeria monocytogenes.

Boar's Head Provisions Co., Inc., a Jarratt, Va., establishment, is expanding its July 26, 2024, recall of deli meat products that may be adulterated with Listeria monocytogenes. The establishment is recalling approximately 7 million additional pounds of ready-to-eat meat and poultry products.

https://www.cdc.gov/listeria/outbreaks/delimeats-7-24/index.html
Listeria Outbreak Linked to Meats Sliced at Delis
Posted July 31, 2024

Fast Facts
Illnesses: 34
Hospitalizations: 33
Deaths: 2
States: 13
Recall: Yes
Investigation status: Active (First posted on July 19, 2024).

USDA Proposes New Policy for Raw Poultry Establishments to Control Salmonella

The USDA proposed a new policy with the goal of reducing Salmonella in raw poultry products. Currently, the industry  performance standards in place, these did little to reduce poultry-related Salmonella outbreaks. One question will be whether this new policy will have any impact on the number of cases that are said to occur due to poultry. Secondly, how will the proposed testing be accomplished without major impacts on supply chain?  What are the costs?

Under the current system, facilities look at prevalence of Salmonella using an absence/presence analysis. and based on this, a facility is judged as meeting or not meeting the established standard. In the proposed system, establishments will look at number of Salmonella as well as determine if certain infectious strains are present.

"FSIS is proposing final product standards that would define whether certain raw poultry products contaminated with certain Salmonella levels and serotypes are adulterated as defined in the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et seq.). Specifically, FSIS has tentatively determined that raw chicken carcasses, chicken parts, comminuted chicken, and comminuted turkey are adulterated if they contain any type of Salmonella at or above 10 colony forming units/per milliliter or gram (10 cfu/mL(g)) in analytical portion (i.e., mL of rinsate or gram of product) and contain any detectable level of at least one of the Salmonella serotypes of public health significance identified for that commodity."

"The proposed Salmonella serotypes of public health significance identified for raw chicken carcasses, chicken parts, and comminuted chicken are Enteritidis, Typhimurium, and I 4,[5],12:i:-, and for raw comminuted turkey are Hadar, Typhimurium, and Muenchen. These are the most highly virulent Salmonella serotypes associated with these products identified in the FSIS chicken and turkey risk assessments."

USDA would conduct sampling of products from the facility.

"The Agency intends to conduct a routine sampling and verification testing program for Salmonella in chicken carcasses, chicken parts, comminuted chicken, and comminuted turkey in which the Agency would collect samples of raw final products and analyze them for Salmonella levels and serotypes to determine whether the final product is adulterated. Under the proposed Salmonella verification testing program, FSIS intends to only collect and analyze samples of the final raw poultry products produced by an establishment, i.e., chicken carcasses to be shipped in commerce as whole chickens, chicken parts to be shipped in commerce as chicken parts, comminuted chicken to be shipped in commerce as comminuted chicken products, and comminuted turkey to be shipped in commerce as comminuted turkey products."

USDA would require facilities to establish controls, and as part of that, verification testing.

USDA will "establish new requirements pertaining to how establishments monitor and document whether their processes for preventing microbial contamination are in control. The proposed revisions are intended to clarify existing regulatory requirements related to process control monitoring in 9 CFR 381.65(g) and (h). Under this proposal, establishments would be required to incorporate statistical process control (SPC) monitoring principles into their microbial monitoring programs (MMPs). The proposed revisions would require that establishments use only validated and fit for purpose microbial sampling and analysis procedures, generate and record statistically meaningful microbial monitoring data, set benchmarks by which to evaluate microbial monitoring data, and otherwise define the statistical methods the establishment will use to evaluate the recorded data against the predefined limits."

"FSIS is proposing to specifically require establishments to, at a minimum, implement written corrective actions, including a root cause assessment, when microbial monitoring results deviate from the predefined criteria in the MMP, the other process control monitoring results, or the process control determination made for the entire HACCP system. FSIS has developed new guidance to help establishments meet the proposed updated sampling and analysis requirements under 9 CFR 381.65(g). The new guidance includes a SPC sampling plan based on paired sampling for Aerobic Count (AC) at the rehang and post-chill locations, with a one-sided process control statistical model that charts and calculates against minimum monitoring criteria at the minimum required frequency. Establishments that incorporate the guidance into their MMPs would not be required to provide FSIS with additional scientific or technical information to support their chosen statistical methods."

"FSIS is proposing to amend the recordkeeping requirements under 9 CFR 381.65(h) to require that establishments submit their microbial monitoring sampling results to FSIS electronically. FSIS is developing a web portal that will allow external partners to securely upload sampling information and submit it to FSIS electronically in a machine-readable format."

July 29, 2024
Special Alert
USDA Proposes New Policy to Reduce Salmonella in Raw Poultry Products

Today, FSIS issued a comprehensive proposed rule and determination to more effectively reduce Salmonella contamination and illnesses associated with raw poultry products. This is the culmination of FSIS’ three-year effort to reevaluate their strategy for controlling Salmonella rates in poultry and protect American consumers from foodborne illness linked to consumption of poultry products.

Three Food Companies from NY and NJ Recall Cinnamon Products After Testing Finds Elevated Lead Levels, FDA Updates

Updated on 7/31/24

FDA has updated the page listing different cinnamon products with lead that have been removed from commerce.  Overall, these products had levels ranging from 2 to 7ppm.

Two New York food companies and one from NJ issued recalls for cinnamon because the products have the potential to be contaminated with elevated levels of lead.

• American Spices, LLC. of Ozone Park, NY is recalling Spice Class brand Ground Cinnamon
• Advance Food International, Inc. of Maspeth, NY is recalling Shahzada brand Cinnamon Powder in 7oz packing 
• Colonna Brothers of North Bergen, NJ is voluntarily recalling its 1.5oz Marcum Ground Cinnamon & 2.25oz Supreme Tradition Ground Cinnamon

Both recalls are the result of an analysis conducted by the New York State Department of Agriculture and Markets (NYSAGM) that revealed the product contained elevated levels of lead. The companies have ceased the production and distribution of the product as the FDA and the companies continue their investigation as to what caused the problem.

NY Distributor is Recalling Cinnamon Powder After Testing Finds Elevated Lead Levels

ALB-USA Enterprises, Inc. of Bronx, NY is recalling ALB Flavor brand Cinnamon Powder, because it potentially contaminated with elevated levels of lead. The recall was the result of an analysis conducted by the Connecticut Agricultural Experiment Station (CAES) that revealed the product contained elevated levels of lead.

The company has ceased the importing and distribution of the product as the FDA and the company continue their investigation as to what caused the problem.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/alb-usa-enterprises-recalls-alb-flavor-ground-cinnamon-because-possible-health-risk
ALB-USA Enterprises Recalls ALB Flavor Ground Cinnamon Because of Possible Health Risk
Summary
Company Announcement Date:  July 26, 2024
FDA Publish Date:  July 26, 2024
Product Type:  Food & Beverages
Reason for Announcement:  Potential Metal Contaminant - Lead
Company Name:  ALB-USA ENTERPRISES
Brand Name:  ALB Flavor
Product Description:  Ground Cinnamon Powder

Additional Recall Notices Issued Due to Purchasing of Recalled Produce with Potential Listeria

In light of the the Listeria-related recall associated with product from Ohio-based Weirs Farms, other food companies and distributors are issuing recalls.

• Supreme Service Solutions LLC. (dba Supreme Produce) is assisting in a Kroger Store recall for items purchased from Weirs Farm Inc. (purchased from Kroger Stores)
• ALDI Inc., (“ALDI”) is recalling Freshire Farms jalapenos, green peppers and green beans
• JFE Franchising, Inc. of Houston, TX, is recalling a limited number of products because they may be contaminated with Listeria monocytogenes.

Announcements for each are listed below.

Case Count Update on Recalled Mushroom-Infused Snack Items

FDA provided an update on the number of illnesses linked to the mushroom infused product. FDA and CDC issued the first health warning last month linked to these bioactive-mushroom-infused snack products.  A month later and there are 74 reported cases with 38 hospitalizations and potentially 2 linked deaths. 

The Diamond Shruumz-brand products have been recalled and should no longer be available for sale. These products were available online and in person at a variety of retail locations nationwide including smoke/vape shops, and at retailers that sell hemp-derived products such as cannabidiol (CBD) or delta-8 tetrahydrocannabinol (delta-8 THC).

Case Counts

Total Illnesses: 74

Hospitalizations: 38

Potentially associated deaths: 2 (under investigation)

Last illness onset: July 20, 2024

States with Cases: AL (4), AZ (6), CA (1), CO (1), FL (1), GA (7), IN (6), IA (5), KY (5), MD (1), MN (2), MO (1), MT (1), NV (1), NJ (2), NY (1), NC (3), ND (2), OH (2), OK (1), OR (1), PA (2), SC (5), SD (1), TN (4), TX (1), VA (4), WA (2), Unknown State (1)

https://www.fda.gov/food/outbreaks-foodborne-illness/investigation-illnesses-diamond-shruumz-brand-chocolate-bars-cones-gummies-june-2024
Investigation of Illnesses: Diamond Shruumz-Brand Chocolate Bars, Cones, & Gummies (June 2024)

FDA Releases Report on Sampling of Fresh Herbs for Pathogens

The FDA released their report for the "Microbiological Surveillance Sampling: FY17-21 Fresh Herbs (Cilantro, Basil & Parsley) Assignment". In this project, FDA completed its collection and testing in September 2021, having obtained 1,383 samples in all.  "The samples collected were tested for Cyclospora cayetanensis, Salmonella spp., and Shiga toxin-producing Escherichia coli (STEC). The assignment aimed to estimate the prevalence of these pathogens in the three types of fresh herbs and to take follow-up actions in the case of pathogen findings, as warranted. The agency also sought to identify common factors, such as origin, among the pathogens’ findings."

 The results can be found here - https://www.fda.gov/food/sampling-protect-food-supply/microbiological-surveillance-sampling-fy17-21-fresh-herbs-cilantro-basil-parsley-assignment

Cyclospora cayetanensis Findings

• C. cayetanensis in 11 of the 120 basil samples, 7 of the 553 cilantro samples, and none of the 139 parsley samples, an estimated prevalence of 9.2% for basil, 1.3% for cilantro, and 0% for parsley.
• The agency detected C. cayetanensis in 18 samples out of 812 domestic and imported samples collected and tested

Salmonella spp. Findings

• Salmonella spp. in 7 of the 248 basil samples, 8 of the 849 cilantro samples, and 2 of the 261 parsley samples, an estimated prevalence of 2.8% for basil, 0.9% for cilantro, and 0.8% for parsley.
• The FDA detected Salmonella spp. in 17 samples out of 1,358 domestic and imported samples collected and tested.

STEC Findings

• The FDA detected STEC in none of the 242 basil samples, 1 in 849 cilantro samples, and none of the 259 parsley samples, an estimated prevalence of 0% for basil, 0.1% for cilantro, 0% for parsley.
• The agency detected STEC in one (1) domestic sample out of 1,350 samples collected and tested.

Actions Taken

• As to the domestic samples that tested positive for a target pathogen, the agency worked with each firm that owned or distributed the adulterated herbs to effect four voluntary product recalls.
• With respect to the import samples that tested positive for a target pathogen, the FDA refused to admit 20 shipments associated with positive findings into the U.S. and placed the responsible firms and product on Import Alert 99-23 and/or Import Alert 99-35, thereby requiring additional controls for future entries.

https://www.fda.gov/food/cfsan-constituent-updates/fda-releases-summary-report-fresh-herbs-sampling-assignment
FDA Releases Summary Report on Fresh Herbs Sampling Assignment
Constituent Update
July 26, 2024

FDA Release Webpage on Microplastics and Nanoplastics in Foods

There has been increasing news on microplastics and nanoplastics in our food supply.  FDA published a webpage to share their current thinking on the topic. 

Here are some of the items of note:

• Plastics "originate when then break down from weathering in the environment over time into small particles called microplastics and nanoplastics."
• Environment a more important source than migration from food packaging - "Microplastics and nanoplastics may be present in food, primarily from environmental contamination where foods are grown or raised. There is not sufficient scientific evidence to show that microplastics and nanoplastics from plastic food packaging migrate into foods and beverages."
• No demonstrated impact on health  - "While many studies have reported the presence of microplastics in several foods, including salt, seafood, sugar, beer, bottled water, honey, milk, and tea, current scientific evidence does not demonstrate that the levels of microplastics or nanoplastics detected in foods pose a risk to human health".
• More research is needed - "While there are many studies on microplastics in food, the current state of science is limited in its ability to inform regulatory risk assessment. This is due to several factors, including a continued lack of standardized definitions, reference materials, sample collection and preparation procedures, and appropriate quality controls, to name a few. There have been fewer studies on nanoplastics because available scientific measurement methods are not very reliable at detecting polymer particles with such small sizes."

https://www.fda.gov/food/environmental-contaminants-food/microplastics-and-nanoplastics-foods
Microplastics and Nanoplastics in Foods

Key Points:

• Some evidence suggests that microplastics and nanoplastics are entering the food supply, primarily through the environment.
• Current scientific evidence does not demonstrate that levels of microplastics or nanoplastics detected in foods pose a risk to human health.
• The FDA continues to monitor the research on microplastics and nanoplastics in foods and is taking steps to advance the science and ensure our food remains safe.