Listeria Lawyer & Attorney : Marler Clark Law Firm : Listeria Blog

Well at least the raw milk people, whom we've been hearing from, will know we are not picking on them.  The lastest listeria scare is due to worries about an old standby--soy  sprouts.

Boston's Metrowest Daily News is reporting that the Whatley, MA-based Chang Farms is recallings it soy spouts brand due to concerns about listeria contamination.   Here's the crux of their report:

The Department of Public Health (DPH) is issuing a warning to the public not to consume any soy sprouts produced from Chang Farms in Whatley, Mass. because of the presence of bacteria called Listeria monocytogenes (L. monocytogenes).      

The affected product is packaged in 12-ounce plastic bags, labeled under the Chang Farm Brand as Soy Sprouts, and have a “Sell By” date of April 19, 2008. Chang Farm has issued a voluntary recall of the product. DPH is aware of the affected product being distributed at several retail outlets throughout the state including Stop & Shop, Market Basket, and Whole Foods.

Check out the rest here.

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Listeria monocytogenes (Listeria) is a foodborne disease-causing bacteria; the disease is called listeriosis. Listeria can invade the body through a normal and intact gastrointestinal tract. Once in the body, Listeria can travel through the blood stream but the bacteria are often found inside cells. Listeria also produces toxins that damage cells. Listeria invades and grows best in the central nervous system among immune compromised persons, causing meningitis and/or encephalitis (brain infection). In pregnant women, the fetus can become infected, leading to spontaneous abortion, stillbirths, or sepsis (blood infection) in infancy.

Approximately 2,500 cases of listeriosis are estimated to occur in the U.S. each year. About 200 in every 1000 cases result in death. Certain groups of individuals are at greater risk for listeriosis, including pregnant women (and their unborn children) and immunocompromised persons. Among infants, listeriosis occurs when the infection is transmitted from the mother, either through the placenta or during the birthing process. These host factors, along with the amount of bacteria ingested and the virulence of the strain, determine the risk of disease. Human cases of listeriosis are, for the most part, sporadic and treatable. Nonetheless, Listeria remains an important threat to public health, especially among those most susceptible to this disease.

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After monitoring the two most recent recalls of raw milk in Pennsylvania, we've wondered about the amount of time between testing for listeria and the public notice when it's bad.

Washington State may have the same problem.

 A routine sample of unpasteurized milk taken April 7 from Our Lady of the Rock Dairy in San Juan County tested positive for Listeria monocytogenes bacteria, according to a statement from Valoria Loveland, Washington State's director of agriculture.

Loveland says her department learned of the results on Thursday, April 17th, and issued the warning the same day.   Still ten days has passed, and raw milk purchased at the dairy during the week of April 7th probably has been consumed.   If not, folks are urged by the ag director to throw it out.

"If consumers have raw milk from Our Lady of the Rock Dairy, they should discard it immediately," Loveland said in the statement

The time lag between testing and notice that we are seeing in these raw milk recalls mean that it's only a matter of time before people are going to get sick before they are notified.

There's a story in the Capital Press here.

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Ben Hackman, writing for the Lebanon Daily News,  reports Raw Milk testing positive for listeria.   The farm near Jonestown, PA is one of 113 farms with Raw Milk permits from the state.  Hackman writes:

Milk from a Jonestown-area farm has tested positive for bacteria that can make people sick, prompting a warning to customers to throw away any raw milk purchased there in the past month.

Milk samples taken from the farm, Beulah Land Jerseys, on April 8 tested positive for the bacterium Listeria monocytogenes on Monday, according to a news release from the state Department of Agriculture.

Anyone who purchased raw milk from the farm after March 18 should discard it immediately, Agriculture Secretary Dennis Wolff said in the release.

Check out the rest of the story here.

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The Pennsylvania  Department of Agriculture wants anyone who bought raw milk from a dairy farm in Meadville after March 10 to discard it immediately.

The milk, from Clark and Elaine Duncan's farm, is at risk for contamination with the bacteria listeria monocytogenes, the department said.

The department also issued a discard warning for Raw Milk purchased after March 10 from Piney Ridge dairy farm in New Bethlehem, Clarion County, Agriculture Secretary Dennis Wolff said in a statement

He said raw milk at the dairies tested positive for listeria monocytogenes Friday.

Sales of raw milk at the dairies have been suspended.

No one has reported an illness, Wolff said. He said anyone who consumed the raw milk and became ill should see a doctor.

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We've been watching the HBO series on John Adams.   We've been struck during the first five or so episodes at  how often Mr. Adams was sick.   His life certainly  was not an easy one.  Making those crossings of the North Atlantic in the winter under sail would be enough to give anyone a good cold.

Since its been suggested that the Founding Fathers drank Raw Milk, perhaps Mr. Adams should not have taken so ill so often.   We don't know about that one.  We do know that in 2008, a number of the several states have Raw Milk on their agendas if not their menus.

Our favorite is Missouri where Missouri Independent Consumers and Farmers Association (MOICFA) is waging a strong campaign in favor of Raw Milk through passage of HB 1901.  And yes, the Founding Fathers and Bill of Rights are part of their lobbying effort.  MOICFA says:

Issue: Free sale of raw milk in the state of Missouri

Economically: Allowing free sale of raw milk supports small family farms and the local economy - providing property tax funds that benefit the local community, public schools, county government, sheriff's departments, and emergency services.

Socially: Pick up and delivery of raw milk causes gathering of like-minded individuals with the same approach toward life.

Environmentally: Raw milk is responsible, local agriculture that reduces our carbon imprint on our planet.

Safety: Raw milk farmed and consumed by conscientious individuals poses no more of a threat to consumers than does pasteurized milk or raw chicken sold in stores.

Healthy: Raw milk supports preventative healthcare, reducing the burden on the state by contributing to reduced allergies, obesity, asthma, stomach ailments, etc.

Dietary: Raw milk is the only ingredient suitable for certain dishes, nutritional drinks, and delectable treats.

Scientifically: Raw milk is full of nutrients, and has immune and health-promoting effects that are destroyed during pasteurization. Babies do not thrive well on pasteurized milk.

Constitutionally: Raw milk gives the people a reason to peaceably assemble, which is protected by the 1st Amendment.

The 14th Amendment, Section 1 states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Hard to say the 1st and 14th Amendments should be put away just because of the fact that from1998 to 2005, 45 outbreaks of food-borne illness linked to consuming unpasteurized milk products resulted in 1,007 illnesses, 104 hospitalizations and two deaths, according to a 2007 news release from the Center for Disease Control and Prevention.

Or out another way, what's a few listeria deaths versus the Raw Milk consumed  by our Fore Fathers.

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Bill Marler, writing for his Marler Blog, recently did a good wrapup on "Listeria in the News."  You might have seenn it there, if not we are providing it here.

Listeria monocytogenes (Listeria) is a foodborne disease-causing bacteria; the disease is called listeriosis. Listeria can invade the body through a normal and intact gastrointestinal tract. Once in the body, Listeria can travel through the blood stream but the bacteria are often found inside cells. Listeria also produces toxins that damage cells. Listeria invades and grows best in the central nervous system among immune compromised persons, causing meningitis and/or encephalitis (brain infection). In pregnant women, the fetus can become infected, leading to spontaneous abortion, stillbirths, or sepsis (blood infection) in infancy.

Approximately 2,500 cases of listeriosis are estimated to occur in the U.S. each year. About 200 in every 1000 cases result in death. Certain groups of individuals are at greater risk for listeriosis, including pregnant women (and their unborn children) and immunocompromised persons. Among infants, listeriosis occurs when the infection is transmitted from the mother, either through the placenta or during the birthing process. These host factors, along with the amount of bacteria ingested and the virulence of the strain, determine the risk of disease. Human cases of listeriosis are, for the most part, sporadic and treatable. Nonetheless, Listeria remains an important threat to public health, especially among those most susceptible to this disease.

Company recalls Langostinos after possible Listeria contamination

A Boston seafood company has issued a voluntary recall of its cooked langostinos because of possible listeria contamination. The recalled "Icybay Cooked Langostinos" from Slade Gorton & Company were sold in one pound packages to retailers in Massachusetts and Maryland and in five pound packages to wholesalers in 19 states.

Agriculture officials issue raw milk warning

Raw milk bought from Fisher's Dairy farm in Portersville in Butler County should be discarded immediately because it might be contaminated, the Pennsylvania Department of Agriculture said today. The dairy was selling the milk without a permit and state inspectors found that it tested positive for listeria monocytogenes, a bacteria that can be deadly, agriculture secretary Dennis Wolff said.

Frozen chicken meals shipped to California recalled for Listeria

Inovata Foods, an Edmonton, Alberta firm, is voluntarily recalling approximately 3,780 pounds of frozen chicken entrées that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced. The following product is subject to recall: 12-ounce packages of “Discover Cuisine ™ Red Curry Chicken & Jasmine Rice. Each package bears the Canadian establishment number “Est. 302” inside the Canadian Food Inspection Agency mark of inspection as well as a “Best By” date of “12 18 08.”

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The Vermont Legislature has opted NOT to expand the sale of raw milk by its loud and active small dairy farmers.   Had the dairy farmers expressed just a tad bit more concern for the harm raw milk might do to consumers, they might have done better with lawmakers.  Take for example this quote from  Amy Shollenberger is the executive director of Rural Vermont, a Montpelier-based nonprofit organization, and lobbyist for the dairy farmers:

"Listeria is everywhere. People get listeria from drinking tap water," Shollenberger says. "If you follow their logic, you wouldn't be able to consume anything safely unless it was cooked."

That's about as good as telling the Legislature that "Sh*t Happens!"  

Peter Hirschfeld, writing for the Vermont Press Bureau,  did a fine wrap up on Vermont's legislative battle over raw milk.  Here's his summary of the action:

On Thursday, lawmakers squashed a bill that would have allowed farmers to sell unlimited quantities of unpasteurized milk. Supporters of the bill called it a watershed measure that would have bolstered local economies and significantly improved prospects for small- and mid-size dairy operations in the state.

But public health officials and the Agency of Agriculture worried about bacterial outbreaks that could accompany increased raw milk consumption.

Citing concerns over how raw-milk dealers would be certified, licensed and regulated, the House Agriculture Committee had struck the bill down, replacing it with legislation that will increase the limit from 25 to 50 quarts a day. The Legislature also told Agency of Agriculture officials to lift the advertising ban, saying the state lacks the statutory authority to impose it.

For now, farmers like Elliot will have to delay their plans to develop retail raw-milk businesses. But the Legislature is likely to reconsider the original proposal next year. And the increase in the sales limit, supporters says, is an important step toward the potential windfall that awaits small farms seeking to profit from the purported demand for raw milk in the state.

There's more here.

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The United States Department of Agriculture has found a way to get "downer" cows, BSE, and E.coli out of the news.   They are doing it with back-to-back-to-back-to-back recalls due to listeria.

Here goes the list, all issued between March 2-4, 2008 of products that may be contaminated with Listeria monocygenes:

• Meijer Distribution Center, a Grand Rapids, Mich. firm, is voluntarily recalling approximately 2,184 pounds of frozen chicken entrées..
• Costco Wholesale, an Issaquah, Wash. firm, is voluntarily recalling approximately 10,368 pounds of frozen chicken Entrées.
• Inovata Foods, an Edmonton, Alberta firm, is voluntarily recalling approximately 3,780 pounds of frozen chicken Entrées.
• Gourmet Boutique, L.L.C., a Jamaica, N.Y., firm, is voluntarily recalling approximately 6,970 pounds of meat and poultry products.

That adds up to 23,302 pounds of meat and chicken products.  That's far short of the 143.3 million pounds of beef on the recall list from the Chino slaughterhouse.  However, unlike the big recall, these are Class 1 recalls with high risk to public health.

So far, there have been no reports of illnesses linked to any of the four recalls.  All were prompted by tests conducted by the Food Safety & Inspection Service.

For the precise product descriptions and codes, go to USDA's Open Federal Cases file.  It can be found here.

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