Structural Problems with Our Regulatory Agencies: A Comparison of the MMS and the FDA

Without order, chaos will abound. This philosophical notion has confounded the greatest minds in history and today it is no less applicable. In the middle of the year 2010, a time when movies once prophesized that cars would fly and alien races would mingle among humans as equal counterparts, we are battling two great challenges: the Gulf Deepwater Horizon Disaster and the nationwide Salmonella outbreak that has sickened nearly 2,000 individuals.

Why compare the Mineral Management Service to the Food and Drug Administration? Well, it seems that both agencies have been taking cues from the industries that they are supposed to regulate. The Mineral Management Service, only a short time prior to the Deepwater Horizon Explosion, had set out to approve regulations whose wording closely resembled that of language established by the American Petroleum Institute. Similarly, only one month shy of the Salmonella enteritidis outbreak, which led to the eventual recall of over half a billion eggs, the FDA implemented regulations which would have likely prevented such an outbreak.

According to the Washington Post, “BP – which has come under withering criticism for how it managed mounting pressure in the Macondo well – took partial credit for crafting the rule is not surprising. MMS has adopted at least 78 industry-generated standards as federal regulations, American Petroleum Institute records show.”

This raises a question, how closely tied to industry should federal government regulatory agencies be? Did the FDA too heavily weigh egg producers concerns regarding the cost of hen vaccinations for Salmonella enteritidis? Should regulatory agencies really be receiving input from the industries that needed oversight and the clear mind of a detached governmental bureau?

The Washington Post article contined by stating that at one time, “the Interior Department began to emphasize ‘performance-based regulation’ on the assumption that industry was better positioned than the government to determine what practices worked.” Did the Food and Drug Administration take the same stance when it came to regulating egg producers such as Wright County Egg and Hillandale Farms?

Now that a nationwide outbreak has taken place, many causal links will be made between the governmental agencies involvement in regulation and a production market’s ability to provide input into said regulatory procedures.

There are many lessons to be learned from this tragic situation. These lessons are equally applicable to the Mineral Management Service and its link to BP as they are to the Food and Drug Administration and their links to food production and marketing systems.

If the government does not take heed of the need to regulate despite the opposition of industrial lobbying groups, such tragedies will continue to occur. Intervention is required and adaptation of regulatory strategies will be key in ensuring that such accidents never happen again.

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Additional Egg Recall Related to Salmonella Enteritidis

Sparboe Farms is voluntarily recalling shell eggs produced by Wright County Egg and Hillandale Farms which were packaged by Sparboe Farms, because they have the potential to be contaminated with Salmonella. Salmonella is 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 often experience fever, diarrhea, nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections, endocarditis, or arthritis.

Eggs affected by this recall were distributed to grocery stores and foodservice companies in the following states – Colorado, Iowa, Illinois, Kansas, Nebraska, Wyoming, North Dakota, South Dakota, Montana, Minnesota.

Large, white eggs were packaged under the following brand names: Albertson, Sparboe Farms, Liborio Market, Shamrock Foods and Glenview Farms and in the following configurations and codes :

Configuration

Plant Number

Julian Dates

6 egg carton 1167 214, 215, 219
12 dozen carton 1167 214, 215, 219
18 dozen carton 1167 214, 215, 219
2 ½ dozen sleeve 1167 214, 215, 219
5 dozen sleeve 1167 214, 215, 219
15 dozen bulk cube 1167 214, 215, 219
30 dozen bulk case 1167 214, 215, 219

 

Extra Large eggs were packaged under the Shurfresh brand name.with the following configuration and codes:

 

Configuration

Plant Number

Julian Dates:

12 dozen carton 1906 211 and 218

Dates and codes can be found stamped on the end of the egg cartons or the top of the over wrap bag. The plant number begins with the letter P and then the number. The Julian date follows the plant number, for example: P-1167 214.

To date Sparboe believes that the inventory that reached stores was removed and replaced.

Consumers who believe they have purchased these shell eggs should not eat them but should either destroy or return them to the store where they were purchased for a full refund.

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Arkansas, Louisiana, Texas, and Mississippi: A Salmonella Update

Louisiana, Arkansas, Texas, and Mississippi residents have been contending with the current Salmonella enteritidis outbreak just like the remainder of the country. Residents of the Gulf South Region have been on the lookout for recalled eggs. These same consumers have followed the Wright County Egg and Hillandale Farms recalls and wondered why this would happen.

 

The departments of agriculture and public health in each of these states has monitored egg shipments and watched for spikes in Salmonellosis food poisoning cases. Thanks to their efforts, we are able to report how the on-going Salmonella outbreak has affected the southern regions. Here is an update of information concerning the Salmonella enteritidis outbreak and egg recall as it pertains to Louisiana, Texas, Mississippi, and Arkansas.  

Remember, outbreak investigations can uncover new information quickly, just because no activity has been reported in your area,  that does not mean your state hasn’t been affected, especially since the recalled eggs have had the potential to be repackaged and distributed throughout the country.  Check with your local public health officials, and if you or a loved one believes they have experience Salmonella or other foodborne illness symptoms, seek medical attention immediately.

Arkansas: Although the state has had some Salmonella reported cases, at this point, none have been linked to the egg recall. Some Salmonella cases are still under investigation.

Louisiana: Nine Salmonella illnesses; however, no recall connection at this time.

Mississippi: Current Mississippi Salmonella cases are not, so far, associated with the recalled eggs.

Texas: Texas reported over 150 Salmonella illnesses from May through August of 2010. At this time, none of the illnesses have been deemed related to the current Salmonella enteritis outbreak recall.

Salmonella is a dangerous bacterial infection which can cause fever, diarrhea, and stomach pain. The elderly, children, and immune-compromised individuals can suffer additional medical complications including blood infections, arthritis, and in rare cases, hemolytic uremic syndrome (HUS).

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Mamey Pulp Voluntary Recall Expanded to Include Certain Fruiti Pops

In response to the voluntary recall of Goya Foods, Inc. frozen mamey pulp, Fruiti Pops, Inc. of Santa Fe Springs, CA is recalling its Fruiti Pops 4 oz. Mamey frozen fruit bars due to a potential health risk from Salmonella typhi. No illnesses have been reported to date in connection with Fruiti Pops Mamey fruit bars. No other flavors of Fruiti Pops fruit bars nor any other products produced by Fruiti Pops, Inc. are affected by this recall.

The recall was initiated due to a potential health risk from Salmonella Typhi. Typhoid fever is a life-threatening illness caused by the bacterium Salmonella Typhi. Salmonella Typhi lives only in humans. Infection results from eating food or drink beverages that have been handled by a person who is shedding S. Typhi or if sewage contaminated with S. Typhi bacteria gets into the water you use for drinking or washing food. Once S. Typhi bacteria are eaten or drunk, they multiply and spread into the bloodstream. The body reacts with fever, severe abdominal pain, and other signs and symptoms. Most ill persons need to be hospitalized for antibiotic treatment. Persons with typhoid fever carry the bacteria in their bloodstream and intestinal tract. In addition, a small number of persons, called carriers, recover from typhoid fever but continue to carry the bacteria. Both ill persons and carriers shed S. Typhi in their feces (stool).

Consumers who are experiencing illness after consuming Fruiti Pops mamey paletas should seek medical attention.

The recalled fruit bars were distributed in the states of California, Arizona, and Texas through distributorships. Consumer may have purchased the recalled product from retail locations, mobile vendors, vending machines, or distribution outlets. The product comes in clear polypropylene packaging and is not labeled with lot numbers nor expiration dates. The UPC of the recalled product is 763734000097.

Fruiti Pops, Inc. is issuing this recall due to Goya Foods, Inc. recall of their 14 oz. frozen mamey pulp. As of May 2009, Fruiti Pops has used Goya Foods, Inc. frozen mamey pulp in its 4 oz. Mamey fruit bars.

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Ground Beef Recall: Possible E. coli O26

Cargill Meat Solutions Corp., a Wyalusing, Pennsylvania establishment, is recalling approximately 8,500 pounds of ground beef products that may be contaminated with E. coli O26, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The product subject to recall includes:

  • 42-pound cases of “GROUND BEEF FINE 90/10,” containing three (3) – approximately 14 pound chubs each. These products have a “use/freeze by” date of “07/01/10,” and an identifying product code of “W69032.”

The products subject to recall bears the establishment number “EST. 9400″ inside the USDA mark of inspection. These products were produced on June 11, 2010, and were shipped to distribution centers in Connecticut and Maryland for further distribution. It is important to note that the above listed products were repackaged into consumer-size packages and sold under different retail brand names.
FSIS and the establishment are concerned that consumers may also freeze the product before use and that some product may still be in consumers’ freezers. FSIS strongly encourages consumers to check their freezers and immediately discard any product subject to this recall.

FSIS became aware of the problem on August 5, 2010 when the agency was notified by the Maine Department of Agriculture, Food and Rural Resources of an E. coli O26 cluster of illnesses. In conjunction with the Maine Department of Health and Human Services, Maine Department of Agriculture, Food and Rural Resources, the New York State Department of Health, and New York State Department of Agriculture & Markets, two (2) case-patients have been identified in Maine, as well as one (1) case-patient in New York with a rare, indistinguishable PFGE pattern as determined by PFGE subtyping in PulseNet. PulseNet is a national network of public health and food regulatory agency laboratories coordinated by the Centers for Disease Control and Prevention (CDC). Illness onset dates range from June 24, 2010, through July 16, 2010.

FSIS determined that there is an association between the ground beef products subject to recall and the cluster of illnesses in the states of Maine and New York. FSIS regulations and statute allow the agency to take action on a product under its jurisdiction in cases where the product is convincingly associated to illness by evidence collected though an epidemiological, traceback investigation, and/or laboratory analysis. FSIS is continuing to work with affected state public health partners and the company on the investigation.

E. coli O26 is a bacterium that can cause bloody diarrhea, dehydration, and in the most severe cases, kidney failure. The very young, seniors and persons with weak immune systems are the most susceptible to foodborne illness. Individuals concerned about an illness should contact a health care provider.

FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers (including restaurants) of the recall and that steps are taken to make certain that the product is no longer available to consumers.

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Possible Listeria monocytogenes: Cheese Recall

Queseria Chipilo, Passaic, New Jersey is announcing to recall of the following cheese products, all date codes up to and including Sept. 26, 2010 Fresco and Nov. 25,2010 Oaxaca.

Oaxaca String Cheese
Queso Fresco
Queso Fresco Hoja De Plátano

The Cheese products may be contaminated with Listeria monocytogenes. This is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms, such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, infection can cause miscarriages and still births among pregnant women.

The recalled cheese was distributed in New Jersey, New York, Maryland, Delaware, and Virginia through N. J. to retail stores and wholesalers.

Brand Name Product USP Size Packaging
QUESERIA CHIPILO Oaxaca String Cheese.  890073001000 10Lbs.  Plastic package with sell-by-label
QUESERIA CHIPILO Oaxaca String Cheese  890073001017 5Lbs. Plastic package with sell-by-label
QUESERIA CHIPILO Oaxaca String Cheese   890073001024 1Lbs. Plastic package with sell-by-label
QUESERIA CHIPILO Queso Fresco   890073001031 1Lbs. Plastic package with sell-by-label
QUESERIA CHIPILO Queso Fresco Hoja De Plátano 890073001208 1Lbs. Plastic package with sell-by-label

 

 

Brand Name

Product USP Size Packaging
QUESO CHIPILO Oaxaca String Cheese.  890073001000 10Lbs.  Plastic package with sell-by-label
QUESO CHIPILO Oaxaca String Cheese  890073001017 5Lbs. Plastic package with sell-by-label
QUESO CHIPILO Oaxaca String Cheese   890073001024 1Lbs. Plastic package with sell-by-label
QUESO CHIPILO Queso Fresco   890073001031 1Lbs. Plastic package with sell-by-label
QUESO CHIPILO Queso Fresco Hoja De Plátano 890073001208 1Lbs. Plastic package with sell-by-label

 

 

Brand Name

Product USP Size Packaging
CHIPILO Oaxaca String Cheese.  890073001000 10Lbs.  Plastic package with sell-by-label
CHIPILO Oaxaca String Cheese  890073001017 5Lbs. Plastic package with sell-by-label
CHIPILO Oaxaca String Cheese   890073001024 1Lbs. Plastic package with sell-by-label
CHIPILO Queso Fresco   890073001031 1Lbs. Plastic package with sell-by-label
CHIPILO Queso Fresco Hoja De Plátano 890073001208 1Lbs. Plastic package with sell-by-label

 

 

Brand Name

Product USP Size Packaging
AZTLAN Oaxaca String Cheese.  890073001000 10Lbs.  Plastic package with sell-by-label
AZTLAN Oaxaca String Cheese  890073001017 5Lbs. Plastic package with sell-by-label
AZTLAN Oaxaca String Cheese   890073001024 1Lbs. Plastic package with sell-by-label
AZTLAN Queso Fresco   890073001031 1Lbs. Plastic package with sell-by-label
AZTLAN Queso Fresco Hoja De Plátano 890073001208 1Lbs. Plastic package with sell-by-label

 

 

Brand Name

Product USP Size Packaging
MI PUEBLITO Oaxaca String Cheese.  890073001000 10Lbs.  Plastic package with sell-by-label
MI PUEBLITO Oaxaca String Cheese  890073001017 5Lbs. Plastic package with sell-by-label
MI PUEBLITO Oaxaca String Cheese   890073001024 1Lbs. Plastic package with sell-by-label
MI PUEBLITO Queso Fresco   890073001031 1Lbs. Plastic package with sell-by-label
MI PUEBLITO Queso Fresco Hoja De Plátano 890073001208 1Lbs. Plastic package with sell-by-label

No illnesses have been reported to date in connection with this problem.

Consumers who have purchased these products are urged to return them to the place of purchase for a full refund.

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Feed Mill: The Center of the Egg Recall?

Yesterday, it was announced that investigators found Salmonella in chicken feed located at Wright County Egg. This research has shown that the Salmonella strain matched that of the Salmonella enteritidis recalled eggs. Now, the investigation continues.

Traceback investigations can take weeks, even months. First an individual gets sick, then they go to the doctor, and on and on until finally, the CDC is notified and an investigation begins. In the case of Wright County Egg, now that Salmonella has been discovered at their facilities and in their feed, the feed manufacturer will be examined.

Now that the feed mill is being investigated, rumors are swirling throughout media circuits that the feed mill in question may not have even been properly registered with Iowa Department of Agriculture and Land Stewardship. It appears that Iowa offers regulatory exemptions if mills produce feed for their own animals. This means that it will be very important to determine the connection between the mill and the farms with the recalled eggs.

This investigation is still unfolding and researchers are likely trying to determine if Salmonella bacteria is present at the feed mill. We will continue to report updates on this situation here at this website. Stay tuned.

  

Yesterday, it was announced that investigators found Salmonella in chicken feed located at Wright County Egg. This research has shown that the Salmonella strain matched that of the Salmonella enteritidis recalled eggs. Now, the investigation continues.

Traceback investigations can take weeks, even months. First an individual gets sick, then they go to the doctor, and on and on until finally, the CDC is notified and an investigation begins. In the case of Wright County Egg, now that Salmonella has been discovered at their facilities and in their feed, the feed manufacturer will be examined.

Now that the feed mill is being investigated, rumors are swirling throughout media circuits that the feed mill in question may not have even been properly registered with Iowa Department of Agriculture and Land Stewardship. It appears that Iowa offers regulatory exemptions if mills produce feed for their own animals. This means that it will be very important to determine the connection between the mill and the farms with the recalled eggs.

This investigation is still unfolding and researchers are likely trying to determine if Salmonella bacteria is present at the feed mill. We will continue to report updates on this situation here at this website. Stay tuned.

 
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Egg Prices Soar Amid Cracked Up Market

The basic laws of supply and demand can easily be applied to today’s Salmonella linked egg recall. There are fewer eggs on the market that consumers consider safe to eat. This means that those eggs are in high demand. Therefore, Salmonella free eggs are fetching a premium price and those egg producers are benefiting. Simultaneously, because 550 million eggs have been recalled, the supply of eggs has drastically gone down. That means half a billion fewer eggs on the market. Producers not affected by the recall are rejoicing.

There have been reports of price increases across the country. According to an Associated Press article published on National Public Radio’s website:

The USDA did not have a national average price available. But the price for a dozen eggs jumped around 40 percent in the New York market, selling for around 89 to 93 cents before the recall to $1.27 to $1.31 this week. In the Midwest, that prices rose from 72 to 81 cents per dozen to $1.01 to $1.10. Prices are up in other parts of the country as well during what is normally the lowest time of the year for egg prices.

Those increases will likely be passed on to consumers within the next few weeks or months, said Richard Stillman, at the Economic Research Service of the USDA.

The market will fluctuate. Foodborne illness can have a direct economic upon producers and consumers economically speaking. Only time will tell exactly how damaging this recall will be in regards to consumers health and their pocketbooks.

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The Salmonella Vaccine: Preventing S. enteritidis

When Theodore Smith and Daniel Salmon first discovered one strain of Salmonella bacteria in the late 1800’s, one wonders if they could have imagined that this microscopic bacteria could wreak such havoc and garner so much media attention. When Smith, a research associate under the direction of Salmon, identified Salmonella cholerae suis, this was only the beginning. Now, over 2,000 strains of these bacteria have been discovered and they range from diarrhea causing strains to those associated with typhoid fever and other serious conditions.

There are many individuals who say that this recent egg recall and subsequent Salmonella outbreak could have been prevented if the hens had been vaccinated. There are also individuals who argue that the Egg Final Safety Action Plan should have been implemented sooner. While there are arguments on both sides for vaccination of hens for Salmonella enteritidis bacteria,we all know that the legislative process does take time.At this time, the farm operators are ultimately in control of how their facilities are run.

Decision makers must determine an optimal solution to each and every obstacle they face in the business world. Legislators face the same challenges. The New York Times reported this week that “when American regulators created new egg safety rules that went into effect last month, they declared that there was not enough evidence to conclude that vaccinating hens against salmonella would prevent people from getting sick. The Food and Drug Administration decided not to mandate vaccination of hens — a precaution that would cost less than a penny per a dozen eggs.”

Even though vaccination was not mandatory, producers still had the option to vaccinate hens and prevent the spread of the Salmonella bacteria from their hens and eggs into the general population. As always, the producer bears the ultimate responsibility in the fight against foodborne illness. We will see if this outbreak causes a change of heart on the part of producers and the government.

  

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Big Players in the Salmonella Enteritidis Egg Recall

Frequently, consumers wonder what happens when food gets recalled? Who performs investigations? What is the role of the Center for Disease Control and Prevention? Does the Food and Drug Administration participate in all recalls? The current Salmonella enteritidis outbreak and subsequent recall of eggs has made this egg recall very personal simply based upon the sheer volume of eggs recalled. The FDA has posted an interesting series of information regarding each “player” in an food recall and their unique roles.

Who is Working on Eliminating the Salmonella in Eggs?
Federal and state governments, the egg industry, and the scientific community are working together to solve the problem. Involved government agencies include: USDA’s Food Safety and Inspection Service (FSIS), Agricultural Research Service (ARS), and the Animal and Plant Health Inspection Service (APHIS); the U.S. Food and Drug Administration (FDA); and State departments of agriculture.

What Government Agencies are Responsible for the Safety of Shell Eggs?
Many government agencies cooperate to ensure the safety of shell eggs from farm to table.

USDA Agencies

Agricultural Marketing Service (AMS)

  • AMS administers a voluntary egg-quality grading program for shell eggs paid for by processing plants.
  • AMS also is responsible for the Shell Egg Surveillance Program to assure that eggs in the marketplace are as good as or better than U.S. Consumer Grade B quality standards. AMS conducts inspection of handlers and hatcheries four times each year to ensure conformance with these requirements. Eggs exceeding the tolerance for checks or loss must be diverted from the marketplace for further segregation or processing.
  • The USDA grade mark on egg cartons means the plant processed the eggs following USDA’s sanitation and good manufacturing processes.
  • As of June 19, 2006, AMS has prohibited the repackaging of eggs previously shipped for retail sale that were packed under its voluntary grading program.

Animal and Plant Health Inspection Service (APHIS)

  • APHIS conducts activities to reduce the risk of disease in flocks of laying hens.
  • APHIS administers the voluntary National Poultry Improvement Plan (NPIP), which certifies that poultry breeding stock and hatcheries are free from certain diseases. Participation is necessary for producers that ship interstate or internationally.

Food Safety and Inspection Service (FSIS)

  • FSIS is responsible for the import of eggs destined for further processing and for assuring that imported shell eggs destined for the retail market are transported under refrigerated conditions.
  • FSIS verifies shell eggs packed for the consumer are labeled “Keep Refrigerated” and transported under refrigeration and ambient temperature of no greater than 45 °F.
  • USDA also educates consumers about the safe handling of eggs. FSIS has developed several English and Spanish publications on egg safety and uses a variety of networks (such as the USDA Meat and Poultry Hotline, “Ask Karen,”, “Pregúntele a Karen,” Podcasts, Twitter, blogs, and USDA cooperative extension agents) to get this information to consumers.

Agricultural Research Service (ARS)

USDA also carries out food safety research through ARS and through a program administered by USDA’s National Institute of Food and Agriculture (NIFA).

  • In 2005, ARS established the Egg Safety and Quality Research Unit at the Russell Research Center in Athens, GA, to expand egg safety and egg processing research. A 2006-2011 five-year project is addressing issues of concern for the shell egg and egg products industry, regulatory personnel, allied industry and consumers.

National Agricultural Statistics Service (NASS)

  • USDA collects processing and distribution information for the economic analysis of the egg products industry through NASS.

FSIS/FDA Cooperation

  • FSIS and the FDA share authority for egg safety and are working together toward solving the problem of SE in eggs.
  • FSIS and FDA are working to strengthen the Food Code and to encourage its adoption by States and local jurisdictions.

Other Government Agencies

State Agriculture Departments

  • State agriculture departments monitor for compliance of the official U.S. standards, grades, and weight classes by egg packers who do not use the USDA/AMS shell egg grading service.

State and Local Health Departments

  • State and local health departments monitor retail food and foodservice establishments for compliance with state and local health department requirements.
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