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

Canada has pretty well dominated the listeria news of late, but that changed today when the U.S. Food & Drug Administration (FDA) distributed a company press release for NY FISH INC.

The Brooklyn-based company is recalling its IMPERIAL-EUROPEAN STYLE SMOKED SALMON, vacuum packed, in 3 oz., 8 oz., 16 oz., and whole sides (“to be weighed at time of sale”) sizes with lot numbers 513 1340, 514 1340, 515 1340, and 516 1340, because they may be contaminated with the deadly Listeria monocytogenes bacteria.

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 with lot codes 513 1340, 514 1340, 515 1340, 516 1340. Go here for pictures of the packaging.
 

The bad salmon was distributed in New York, New Jersey, Connecticut, Pennsylvania, Washington, and California to wholesale distributors and retail food stores, but has also been found at retail in Florida.  Kudos to the Florida Department of Agriculture and Consumer Services  for testing that found the listeria.

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Among our friends is one who is high enough up in the agricultural hierarchy of the United States that his appointment required U.S, Senate confirmation.  He has nothing directly to do with food safety, but is experienced and knowledgeable in the Ag industry.  

We were chatting about the various outbreaks that we've seen this year going back to how the animal rights under cover guy with a video camera managed to shut down the Chino slaughterhouse that was one of USDA's favorite plants for buying beef for the school lunch program.   My friend asked if we knew about the new Dakota Provisions plant in Huron, South Dakota.

He said that outside a Vegas casino, there probably is not a facility in the country that has more video cameras aimed at itself and they are watched by a third party all in the interest in of food safety.   From reading their websites, its appears that Dakota Provisions in Huron, and the Maple Leaf Foods plant on Bartor Road in Toronto turn out much the same products--sliced deli meats that are consumed cold and must be protected from listeria contamination.

Before re-opening last week after its $20 million recall last week, Maple Leaf took a variety of steps including: "Slicing equipment has been completely disassembled and deep cleaned and tested multiple times. Slicing equipment across the Company is subject to daily disassembly prior to daily cleaning and regularly scheduled intensive disassembly to verify elimination of potential harborage points, well beyond industry standards."

As the first new plant of its kind in 20 years, Dakota Provisions claims  "not only meeting regulatory demands, but exceeding them.  Here are just a few of the unique features that set us apart:

• Segregated Raw & Cooked Areas with no transition available between areas
• Separate employee-entrances, lunchrooms, locker rooms
  
• Separate maintenance and repair areas
  
• Pest Prevention landscaping
  
• Controlled atmosphere stunning
  
• 3 Stage Scald System
  
• Evisceration Vacuum System
  
• General plant layout to minimize product handling
  
• Unique Drain Design
  
• Positive Air Movement
  
• Efficient Lighting Systems
  
• Micro Resistant Wall & Floor Surfaces
  
• Independent Slicing Rooms
  
• Extensive Food Safety Training
  
• Video monitoring system
  
• Computerized Product Tracking
  
• Program to verify employee eligibility with involvement of the Department of Homeland Security and the Social Security Administration
  

Two companies.   To date, there have 48 confirmed cases and nine suspected cases of listeriosis connected to the "Maple Leaf" strain. Listeriosis was the underlying cause of death in 18 of those confirmed cases and is suspected in seven other cases. 

Dakota Provisions has made such a clean start,  we'd never heard of it!

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The death toll in the listeria outbreak blamed on Maple Leaf Foods stands at 18, Canada's health authorities say.

They confirmed that the Sept. 8th death of a British Columbia woman matched the national outbreak strain.

The listeria bacterium was found embedded deep inside slicing equipment at Maple Leaf's Toronto plant. The plant was closed Aug. 20th, but was just allowed to re-open after cleaning.

Meanwhile, the outbreak brought out some deadly Canadian humor from Gerry Ritz, the agriculture minister.  The New York Times reported it this way.

“This is like a death by a thousand cuts. Or should I say cold cuts?” Mr. Ritz said during a conference call with about 30 bureaucrats, scientists and political officials on Aug. 30.

Later, when someone on the call indicated that there may be a death on Prince Edward Island, Mr. Ritz said, “Please, tell me it’s Wayne Easter.” Mr. Easter, a member of Parliament from that province, is the agriculture critic for the opposition Liberal party.

Some want Ritz to resign or be fired, including the son of one of the elderly women who died.  Check out the rest of the NYT story on the jokesters up north here. Our man Ritz is in the picture.

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    The Ministry of Health and Long-Term Care's listeriosis update as of
Monday, September 15, 2008.

    <<
    -------------------------------------------------------------------------
    No. Total cases            No. confirmed cases           No. cases under
    as of Sept. 15, 2008                                       investigation
    -------------------------------------------------------------------------
           40                          35                             5
    -------------------------------------------------------------------------



    -------------------------------------------------------------------------
    No. deaths among       No. deaths where listeriosis     No. deaths where
    confirmed cases             was an underlying               cause is
                              or contributing cause           undetermined
    -------------------------------------------------------------------------
          18                           14                             4
    -------------------------------------------------------------------------
    >>

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Less you thought "waving the bloody shirt" was a strictly American tactic, check on what's going on in Canada right now.

The fatal listeria outbreak and big ham and cheese recall has opposition leaders saying Ontario Premier Dalton McGuinty should be held accountable and the "bloody shirt" they are waving is the 2000 Walkerton Tragedy, where deadly E coli water contamination ended up killing seven and making 2,500 sick.   That story of a public water supply being turned to deadly poison got scant attention in the States, but was a major event of the decade north of the border, especially in Ontario.  (For background, go here.)

Confirmed deaths in the Maple Leaf Foods recall jumped to 15 yesterday when a 60-year old Windsor-area woman who expired Aug. 29th was found by tests to be the result of  listeria.

Also, ham and cheese is being recalled in Canada due to more possible listeria contamination. Canwest News Service reports:

Ivanhoe Cheese Inc., based in Madoc, Ont., has recalled its Great Canadian brand Marble Cheese, 400 grams, Great Canadian brand Shredded Marble Cheese, 200g, and Ivanhoe brand Marble Cheese, 2.5 kilograms, because they could be tainted with Listeria monocytogenes, which can cause listeriosis, a potentially deadly food-borne illness. The agency said the cheese products were distributed in Ontario.

A recall was also issued for cooked ham sold in Quebec and manufactured by Montreal-based Metro-Richelieu over listeria concerns, the agency said. Merit Selection Delicatessen Cooked Extra Lean Ham, with best before dates of Oct. 12, were sold in Metro, Richelieu, Ami and Extra stores in Quebec between Aug. 13 and Sept. 12. 

In the Maple Leaf Foods outbreak, the listeria most likely came from contaminated meat slicers. Five more deaths are under investigation. Another 24 patients with listeriosis have been linked to a variety of contaminated deli meats prepared at a Maple Leaf Foods plant in Toronto.

All of which has turned up the political heat, but Canadian political observers note that where the public water supply in Walkerton was a responsibility of the province,  food inspection is entirely a federal responsibility.

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The Windsor Star tonight is reporting that Maple Leaf Foods thinks its found where listeria contaminated many of its ready-to-eat products blamed for the death of at least 13 Canadians.

The newspaper reports:

The bacterium blamed in the deaths of 13 Canadians most likely came from "deep inside the mechanical components of two identical slicing machines" in Maple Leaf Foods' Toronto plant, the company's CEO says.

Michael McCain, Maple Leaf's president and CEO, announced Friday night that the identical machines on production lines No. 8 and No. 9 were the "most likely source." However, he added the Canadian Food Inspection Agency had not yet finished its investigation.

"Upon complete disassembly of that slicing equipment, areas were found deep inside the machines where bacteria may have accumulated and avoided our rigorous sanitization procedures," said McCain.

Maple Leaf Foods has recalled 191 products sold across the country over fears they could contain meats tainted with listeria, which causes the potentially fatal food-borne illness listeriosis.

He said other factors, including the location of a service elevator and floor drain, may have also contributed to the outbreak, but McCain added that these areas were not contact surfaces.

For more about Canada's listeria outbreak, go here.

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There are seven more deaths under active investigation in Canada that may soon be added to the list of 12 confirmed dead due to Maple Leaf Foods selling "ready-to-eat" meat contaminated with listeria.

The Ottawa Citizen reports:

A potentially deadly bacterium outbreak that has been linked to 12 deaths in Canada has prompted China to be the latest country to put a halt on all Maple Leaf Foods meat imports, according to a spokesman from the Canadian Food Inspection Agency Monday.

Public health officials confirmed Monday at a news conference that the latest death from the listeria outbreak occurred in Ontario. No details on the victim were given.

Seven more deaths - five in Ontario, one in Saskatchewan and one in Quebec - are still under investigation by the Public Health Agency of Canada to determine if they were a result from the same strain of Listeria monocytogenes.

For more on the ongoing outbreak in Canada, go here.

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