Haifa Smoked Fish's Cold Smoked Whitefish Recalled For Listeria

Posted by Listeria Lawyer on July 28, 2009

Haifa Smoked Fish, Inc has recalled all Haifa Smoked Fish brand Cold Smoked Whitefish sold between December 7, 2008 and June 18, 2009.

The smoked fish is being recalled because it has the potential to be contaminated with Listeria monocytogenes.

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

Adults who come down with listeria will suffer short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea.

Listeria infection can cause miscarriages and stillbirths among pregnant women.

No illnesses have yet been associated with this recall.

The recalled smoked fish was distributed to retailers and distributors in the New York State area. Consumers could possibly purchase the product through retail stores outside the New York State area.

The recalled product required refrigeration at 38F or below until consumed. It is packaged in either air-packed or vacuum-packed plastic wrap. It contains a label bearing UPC number 832007000263. The packages do not bear any lot codes. The recalled product is sold by weight.

Consumers who have purchased Haifa Smoked Fish brand Cold Smoked Whitefish sold between December 7, 2008 and June 18, 2009 are urged to return it to the place of purchase for a full refund. Consumers with questions may contact the company at 718-523-889, Monday thru Thursday, 9am to 5pm, and on Fridays until 3pm Eastern Time.

The "Weatherill Report" On 2008 Maple Leaf Listeria Outbreak Cites "Void In Leadership"

Posted by Listeria Lawyer on July 21, 2009

Before we get going, let’s acknowledge the obvious. We pay such little attention to Canada that we are far from experts on our neighbors to the north.

When we do pay attention to Canada its usually because of some natural or man-made disaster. Canadians tough out what mother nature sends their way, but man-made disasters are another story.

In America, we try and get both truth and justice in our Courts. If policy-makers learn any lessons along the way, we consider ourselves lucky. In Canada, it’s a different story. Up north, the man-made disaster playbook requires multiple inquires in hopes of placing some sharp-edge political blame.

There was no doubt man was responsible for the 2008 listeria outbreak that was eventually traced to the ready-to-eat meat cutters at the Maple Leaf plant in Toronto.

Maple Leaf paid out $27 million to the survivors of the 22 mostly elderly Canadians who died in the listeria outbreak. Members of Parliament have already weighed in with their own report on the tragedy.

The latest play in the inquiry game comes from independent investigator Sheila Weatherill, a public health expert and former CEO of Edmonton-based Capital Health. Her report to the government in Ottawa is a big deal.

Here’s how the Calgary Herald puts it:

A "void in leadership" within the federal government during last summer's deadly listeriosis outbreak came after company officials and over-worked meat inspectors failed to identify a persistent listeria problem at the Maple Leaf Foods plant, according to a highly critical report by an independent investigator.

No player in the listeriosis outbreak escaped criticism from Sheila Weatherill, who released her report Tuesday.

But Weatherill zeroed in on a "vacuum in senior leadership" among government officials at the Public Health Agency of Canada and the Canadian Food Inspection Agency that caused "confusion and weak decision-making.

She makes 57 specific recommendations in the report.  Maple Leaf president Michael McCain said the report was "tough" on the company and "it ought to be."  Ag Minister Gerry Ritz added the most worn observation, saying the outbreak was the result of a "perfect storm."

 

Chang Farm (Again & Again) Recalls Sprouts Because Of Listeria Contamination

Posted by Listeria Lawyer on July 15, 2009

Sample testing by the U.S. Food & Drug Administration (FDA) has confirmed contamination of Soy Bean Sprouts with Listeria monocytogenes (L. Monocytogenes) at Chang Farm on River Road in Whatley, MA.

The positive test results have led to a recall the product  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 July 17, 2009.

No illnesses have yet been associated with the recall. 

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. Healthy adults may suffer  short-term symptoms such as high fever, severe headaches, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

The tainted Soy Sprouts have been distributed to retail stores and wholesalers throughout MA, CT, NY and NJ.

The Chang Farm recall notice can be found at the  FDA. We reported in May on Chang Farm being a repeat offender when it comes to listeria contamination. 

Peregrina Cheese Inc. To Remain Open Under Consent Degree With FDA; Recalls Everything Its Made Since March 17, 2009

Posted by Listeria Lawyer on July 14, 2009

Brooklyn’s Peregrina Cheese Inc. and the U.S. Attorney for the Eastern District of New York have entered into a 16-page Consent Degree with many requirements---including the recall of all food products the company has distributed since March 17, 2009.

The Consent Degree was filed with the U.S. District Court for Eastern New York on Monday.

U.S. District Attorney Benton J. Campbell, representing the U.S. Food & Drug Administration, had asked the federal court to shut down the Peregrina Cheese factory at 342 Ten Eyck Street in Brooklyn.

FDA cited Peregrina’s problems with listeria contamination and inspections failures. The federal government also sought to bar Javier and Isabel Peregrina from the food business as individuals.

The Consent Degree requires Peregrina Cheese Inc. and the Peregrinas to:

  • Retain an independent laboratory to collect product and environmental samples.
  • Retain an independent sanitation expert to inspect the cheese factory and determine whether methods, facilities, and controls conform with federal law.
  • Require the sanitation expert and laboratory to review FDA and New York State findings since March 2003 and develop a written Listeria Monitoring Program.
  • Require reports and written document be provided to FDA.
  • Recall to the retail level all foods distributed since March 17, 2009.
  • Permits FDA to conduct all necessary inspections.
  • Requires Peregrina to pay all associated costs, including those incurred by FDA.

Assistant U.S. Attorney Seth D. Eiehenholtz represented the government and Arthur Morgan, Esq. represented the cheese-makers in the negotiations leading to the Consent Degree. 

Fate of Peregrina Cheese Now In Hands of A Federal Judge In Brooklyn

Posted by Listeria Lawyer on July 09, 2009

Senior Judge Frederic Block of the New York Eastern District, himself a Brooklyn native, will now decide what happens to Peregrina Cheese, Inc., (Peregrina Cheese), and two of its officers: Javier Peregrina and Isabel Peregrina.

Clearly, the U.S. Food and Drug Administration (FDA)  has run out of patience with Peregrina.   It went to Benton J. Campbell, U.S. District Attorney for Eastern New York, and Tony West, Assistant Attorney General for the Justice Department's Civil Division to get the full weight of the Justice Department behind FDA's threat to shut Peregrina down.

The Brooklyn cheese-maker has had its problems--troubles with inspections by both FDA and New York State; and the need for several recalls due to listeria contamination.  The government's complaint, in the Eastern District of New York, alleges that the company has an extensive history of operating under insanitary conditions and producing cheese contaminated with Listeria monocytogenes. Listeria is a foodborne pathogen that can cause serious illness and death.

If entered by the court, the injunction would temporarily stop the company and its officers from manufacturing and distributing food until further action is taken by the court.

As alleged in the complaint, on numerous occasions since 2004, FDA investigators found Listeria monocytogenes in finished cheese products and inside Peregrina Cheese’s facility. Additionally, routine laboratory testing by New York State Department of Agriculture and Markets (NYSDAM) also found Listeria in the company’s products on numerous occasions since 2003.

The FDA and NYSDAM inspections also revealed that the company repeatedly violated the current Good Manufacturing Practice (cGMP) requirements for foods. Investigators found filthy conditions, standing water in food processing equipment, workers inappropriately dressed and a dead rodent inside the plant.

The government’s complaint alleges that both the FDA and NYSDAM repeatedly advised Peregrina Cheese and its officers of the violations; and NYSDAM has also assessed fines against the company.

Peregrina Cheese’s lack of effective measures to bring its food processing operations into compliance with the law poses a public health threat because of the potential that Listeria will be in the food processed by the company.

A consultant for Peregrina told a Brooklyn television station the company will fully defend itself as soon as the matter comes before Judge Block.  Dates already scheduled include a show cause hearing at 3 p.m., July 10th, and an initial conference at 10 a.m. on October 28, 2009.

Accountability Is Key To Food Safety, Says Canada's Grant Robertson

Posted by Listeria Lawyer on July 05, 2009

Grant Robertson from National Farmers Union-Ontario has some comments today in Canada's Sun Times newspaper about the investigation into Maple Leaf listeria outbreak.  In part, he says:

"The Maple Leaf Listeria outbreak pulled back the curtain on an inspection system that was no longer serving Canadians. It revealed a government agenda of removing inspections and a minister not up to the job of working in farmers' interests, in my view.

"On June 18 the federal Subcommittee of Food Safety released its report into the listerosis deaths caused by tainted meat from the Maple Leaf plant and into food safety in general.

"It seems to me as though the government was more concerned about covering a posterior part of their collective anatomies than really getting down to brass tacks on how to fix a system that clearly has problems.

"And if the deaths of 22 Canadians were not enough to send the government signals that there are serious problems then it is hard to understand what it would take. Many of the 21 recommendations in the dissenting report basically boil down to recommending the government should actually do the job Canadians expect and a bunch of motherhood statements.

"Missing from the report is any sense that food inspection should be completely independent of government and political considerations and not take place in a self-policing environment on the plant floor. "

Check out the rest in The Sun Times.