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

Reading, MI-based Torres Hillsdale Country Cheese just cannot get it right.

On March 24th, the Michigan cheese-maker recalled Asadero and Oaxaca soft Mexican-style cheeses due to potential Listeria contamination. Four days later on March 28th, it added New Jersey, Pennsylvania, Florida and Alabama—to the recall of Torres Hillsdale Country Cheese's Asadero and Oaxaca soft Mexican-style cheeses. The recall was expanded to the four states after initially covering Illinois, Indiana, Michigan, Georgia, Tennessee, Kentucky, North Carolina, South Carolina, Ohio and Wisconsin.

Then on April 22nd, Torres Hillsdale put out another request for return of it Oaxaca soft Mexican-style cheese due to potential Listeria monocytogenes contamination. The cheese was distributed in Illinois and Minnesota.

And now, seven weeks later, Torres Hillsdale has once again recalled of all lots of various types of soft Mexican-style cheeses due to potential Listeria contamination.

A sample of queso fresco cheese, taken by an investigator from the U.S. Food and Drug Administration (FDA)  on May 26, 2009, was subsequently tested by an FDA laboratory and discovered to be contaminated with Listeria monocytogenes.

This time products were distributed to retails stores and delis in the following states: Illinois, Indiana, Michigan, Georgia, Tennessee, Kentucky, North Carolina, South Carolina, Ohio and Wisconsin.

The products were sold under the name 'Aguas Calientes' as follows:

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Annual English deaths due to listeria have doubled during the decade and one metropolitan borough is trying to do something about it by targeting pensioners in a campaign warning about the dangers of ready-to-eat meats.

Two of England's 161 deaths by listeria last year were of Kirklees residents. Listeria deaths in 2000 throughout England totaled 88.

The Metropolitan Borough of Kirklees, located in north central England, has about 401,000 residents.

Tracy Bousfield, senior manager for Kirklees environmental services, blames the listeria deaths on greater dependence on convenience foods, especially by the elderly.

“We believe cases in the over-60s have risen partly because their immune systems become less effective as they get older," she said. “But what is also happening is that they live in smaller households and are more likely to buy ready-to-eat foods that are pre-packed. We believe they may be keeping them longer or not using them within the dates.

And she urged people to keep their food chilled and be extra-vigilant about sell-by dates.

Read more about the anti-listeria campaign focused on pensioners in The Huddersfield Daily Examiner.

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Brooklyn-based N.Y. Fish, Inc. has recalled I ♥ NY Fish brand Imperial-European Style Smoked Salmon in vacuum packed 3 oz, 8 oz, 16 oz, and whole side “to be weighed at time of sale” sizes.

The recall covers lots starting with the numbers 142.

These products are likely contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections. Listeria infection also can cause miscarriages and stillbirths among pregnant women.

I ♥ NY brand Imperial-European Style Smoked Salmon was distributed to wholesale distributors and retail food stores in New York, New Jersey, Pennsylvania, Massachusetts, Ohio, Indiana, and Illinois.

The product is packed sliced or whole sides on aluminum coated cardboard in a clear plastic vacuum packed bag with a red, black, and gold sticker label with gold lettering and a small white sticker label identifying the lot code. The first three digits are the Lot Code followed by a four digit “packaging” date. The firm is recalling all lots that begin with code 142 (for example: 142 0525, 142 0526, 142 0527, 142 0528).

There have been no confirmed illnesses to date.

This recall is the result of samples of Imperial-European Style Smoked Salmon collected from the manufacturer during an FDA inspection of the facility. These samples revealed the presence of Listeria monocytogenes. As a precaution, the company is recalling all I ♥ NY brand Imperial-European Style Smoked Salmon bearing the identified lot codes. No other codes are being recalled at this time.

Consumers who have purchased I ♥ NY brand Imperial-European Style Smoked Salmon with the identified lot code numbers should return it to the place of purchase for a full refund. Consumers who have this product are urged not to consume any of it. Consumers with any questions may contact the company at (718) 342-4100, Monday through Friday, 8 am to 5 pm EDT.

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New York State officials are out with a warning not to drink "raw milk" from the Breese Hollow Dairy in Hoosick Falls.

The diary is allowed to sell raw or "unpasteurized" milk on the farm and is subject to regular inspections by the NY Department of Agriculture.

Recent testing, however, turned up possible Listeria contamination in Breese Hollow "raw milk."  The sample that was positive for Listeria was collected sometime last month.   The dairy will not be allowed to make further sales of "raw milk" until its cleared by future testing.

"Raw Milk" cannot be sold for human consumption in 21 states.  CNN recently reported that:

"... it is illegal to sell raw milk in Alabama, Alaska, Colorado, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Louisiana, Maryland, Michigan, Montana, New Jersey, North Carolina, North Dakota, Ohio, Tennessee, Virginia, West Virginia and Wyoming."

There are , however, loopholes in some states with prohibitions, such as allowing the sale of so-called "cow shares" that enable the co-owners to all purchase raw milk and many states, like New York, Kansas, Minnesota and Wisconsin, that permit on the farm sales of small quantities.

We fully understand why dairy farmers are tempted to get into "raw milk" sales.   Milk prices, especially at the farm, have collapsed during the past nine months.   Recent payments to dairy farmers are down 35 percent at about $1.04 per gallon.

“In Pennsylvania and New York, they’re getting anywhere from $8 to $12 a gallon,” says lawmaker Nelson Albano. “So if a local dairy farmer here in New Jersey was selling raw milk, he’d be able to get at least that much, so they definitely would be making more money, and that would be a great benefit.”

New Jersey lawmakers are currently considering dropping the Garden State ban on raw milk sales.

U.S. milk production is measured in "million of pounds" based on reports from 23 dairy states to the United States Department of Agriculture (USDA).   Each gallon of milk weighs 8.59 pounds.  First quarter production was off a mere 0.5 percent at 47,351 million pounds in 2009, down from 47,610 a year earlier.

The fact that the huge price collapse has not had much impact on production levels has both dairy farmers and USDA thinking about more drastic actions.   Some dairy farmers are dumping milk on the ground and USDA is offering payments for reducing herds.

What we cannot find are any estimates on how much milk sold "raw" versus pasteurized.  We suspect that even with the prospect of making $12 per gallon,  "raw milk" remains a very small percentage of the total market.  ( But the amount of those "raw milk" sales is something that somebody should be tracking.)

A buck a gallon is not enough for the nation's dairy farmers who supply safe, pasteurized milk for Americans and many others from around the world.

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Schaller Mfg. Corp. (Schaller & Weber), a Long Island City, N.Y., firm, is recalling approximately 564 pounds of duck leg confit and kolbase sausage products that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced late on June 3rd. 

The following products are subject to recall: [View Labels]

• 2.5-pound approximate-weight vacuum packages, 6 legs per package, of "D'ARTAGNAN TRADITIONAL DUCK LEG CONFIT." Each package bears a "USE/OR/FREEZE BY" date of "08/07/09" as well as the establishment number "P-5374" inside the USDA mark of inspection.
• 2.5-pound approximate-weight vacuum packages of "Schaller & Weber HUNGARIAN BRAND KOLBASE." Each package bears a date code of "MFG. 005159" as well as the establishment number "EST. 5374" inside the USDA mark of inspection.

The duck and sausage products were produced on May 13, 2009. The duck products were sent to distributors and restaurants in Connecticut, the District of Columbia, Maryland, Massachusetts, New York, New Jersey, Pennsylvania and Rhode Island.

The sausage products were sent to distributors and restaurants in New Jersey, New York, North Carolina, Tennessee and Virginia as well as the company's retail store in New York City.
Routine testing by the company led to the discovery of listeria contamination. For more from FSIS, go here.

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There is a bit of a mystery down-under. South Australia (SA) Health cannot find any listeria in other products at either Kyana Farms at Wingfield nor Conroy’s Smallgoods at Bowden.

Bulk meat that ended up in 100 gram pre-packaged IGA Deli roast beef slices and sold at South Australia supermarkets originated at Conways and was sold to Kyana, which supplied the markets.
Nevertheless, the Deli roast beef slices sold by the supermarkets, with a use-by date of June 24, 2009, were found to be contaminated with listeria and recalled on May 28th.

SA Health public health director Kevin Buckett told the newsite Adelaidenow that the two companies had co-operated fully during the investigation.  ``We have found no evidence that the product is linked to any illnesses,'' he said.  ``However, anyone who has this product is advised not to consume it and to throw it out or to return it to the place of purchase for a full refund.''

Kyana Farms will continue to suspend production until the company has completed a plan, which includes a review of the incident to identify the likely source of contamination.  Conroy's complies with the nationally agreed listeria control program, according to an SA Health assessment.

Listeria infection can be deadly, especially  for the sick, elderly, newborns and pregnant women. More can be found on SA Health's website here.

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For the second year in a row, Chang Farms of Whatley, MA is recalling bean and soy sprouts because of the possible presence of Listeria monocytogenes (L. Monocytogenes) contamination.

Testing at a retail store in New York was positive for Listeria.

The affected product is packaged in 10 lb bags (bulk) and 12 oz plastic bags (retail), labeled under the Chang Farm Brand as Soy Sprouts and have a “Sell By” date of May 23, 2009 or May 24, 2009 and Bean Sprouts with “Use By” date of May 23, 2009 or May 24, 2009.

The product has been distributed to retail stores and restaurants throughout MA, CT, NY and NJ.

Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

In April, 2008, The Massachusetts Department of Public Health (DPH) is issued a warning to the public not to consume any soy sprouts produced from Chang Farms in Whatley, Mass. because Listeria was discovered in the product.  We covered that recall here.  The FDA's website carries the Chang Farms recall press release here.

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The special hearings on the state of food safety in Canada --called after people consumed meat contaminated with listeria last summer from a Maple Leaf Foods plant in Toronto, resulting in the death of 22 Canadians---continue up north.

Latest to weigh in with their opinions are Canada's meat inspectors.  

According to the Vancouver Sun, front-line meat inspectors and supervisors on Monday told parliamentarians they were "grossly" understaffed prior to the outbreak and more resources are still needed to ensure food is safe to eat.

It was the first public comment by the meat inspectors since last summers deadly listeriosis outbreak.

"We want to ensure process meat inspectors are responsible for no more than two RTE (ready-to-eat) facilities," said Agriculture Union president Bob Kingston at a parliamentary subcommittee.

Kingston said meat inspectors in Canada are overworked making it impossible for them to carry out their duties.

Mandatory quarterly and annual audits were not completed at the Maple Leaf Foods plant, which he said lead to CFIA "missing the signs of trouble in May and June, just before the outbreak." 

There is more on what the MPs are being told in the Vancouver Sun here, and Toronto Star here.

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The Canadian Food Inspection Agency (CFIA) is in the running as one of the nominees for the prestigious Code of Silence award, recognizing the most secretive government, department or agency in Canada.  The award is made by Canadian Association of Journalists and the winner will be made at Saturday in Vancouver at CAJ's annual gala.   The Association has 1,300 members from across Canada. 

The CFIA was nominated for the award, according to CAJ, because:

The Canadian Food Inspection Agency for dramatic delays and extensions on requests related to the listeria outbreak that killed 22 Canadians and triggered hundreds -- perhaps thousands -- of illnesses. Requests filed for inspections records on the Toronto-area Maple Leaf plant at the centre of the outbreak took nine months to produce, and communication records with the company are still embroiled in delays. For one of the biggest public health issues to face Canada in recent years, details behind the cause of the outbreak, the apparent delay in warning Canadians and the agency's handling of the aftermath remain filled with unanswered questions.

CFIA is up against some tough competition for the award, including what CAJ calls the "spin machine" of Prime Minister Stephen Harper.   We won't be there, but will attempt to bring you a report on who wins.

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