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

 Canada’s food safety system ranks among the best in the world and is highly regarded by our trading partners. Some feel, however, that the listeriosis crisis of summer  2008 cast a shadow on its reputation and has motivated members to find ways to improve the food safety system with a view to preventing another tragedy.

So writes the Standing Committee on Agriculture and Agri-Food of Canada's House of Commons.  The panel, charged with conducting an inquiry into the Great Listeria Outbreak of 2008 that was caused by ready-to-eat meats processed by Maple Leaf in Toronto, has issued its report and recommendations.

The MP's charged with writing the report made numerous recommendations including the implementation of food safety programs such as Hazard Analysis and Critical Control Point (HACCP), traceability, a collaborative effort with the U.S. to develop a common approach to food safety standards, an enhanced foodborne illness surveillance system, better inter-agency protocols and increased inspection resources.

Read the rest in BEYOND THE LISTERIOSIS CRISIS: STRENGTHENING THE FOOD SAFETY SYSTEM.  Continue reading here for a list of the recommendations that follow the listeria outbreak that killed 22 Canadians.

 

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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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The U.S. Food and Drug Administration (FDA) "is currently conducting a risk analysis of the pathogen Listeria monocytogenes in foods like dairy products, deli meats and fresh produce, and has encouraged raw milk cheesemakers to contribute data to the study. Their conclusions could vindicate or signal the end of raw milk cheese production."

So says Plenty Magazine on the Mother Nature Network.

From reading the article one is left with the impression that something called the Raw Milk Cheesemakers' Association is on the brink of convincing FDA that raw milk cheese prepared properly is not a risk.

We know it is a risk and we doubt seriously if FDA is going to come down on the raw milk cheese is safe side.   Roll back seven weeks ago.   FDA sent its Plant and Dairy Food Safety director, John F. Sheehan, up to Congress to specifically address the raw milk issue.  "Raw milk should not be consumed by anyone, at any time, for any reason," Sheehan told lawmakers.

In his 18-page prepared testimony, Sheehan specifically addressed the raw milk cheese issue. He said: "Pasteurization is required for all milk and milk products in final package form intended for direct human consumption which move in interstate commerce. (21 CFR 1240.61)  The only exceptions to this requirement are for certain cheeses and those exceptions are no absolute but come with certain other requirements relative to the manner by which any raw milk cheese must be ripened. In promulgating this regulation, FDA made a number of findings relative to raw milk, including the following: "Raw milk, no matter how carefully produced, may be unsafe"

Plenty Magazine explains the status quo this way: "The laws governing American raw milk cheese production, which stipulate that any cheese intended for eating before it is 60 days old must be pasteurized, were implemented in 1949 in the belief that only aged, raw milk cheeses were suitable for consumption. Since then, the FDA has repeatedly proposed banning all raw milk products, including aged cheeses, amid lingering fears that they’re inherently more dangerous than their pasteurized counterparts."

Sheehan's testimony before the Health & Government Operations Committee can be found here.

The Plenty Magazine story in the Mother Nature Network is here.  It includes a list of places to buy aged raw milk cheese now (before it is outlawed?).

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 In case anybody was wondering, political tactics remain the same world-wide.   In the United States, President Obama is still blaming President Bush for most anything that might stick.   In Canada, Agriculture Minister Gerry Ritz of the Conservative government in Ottawa just blamed a 2005 decision by the previous Liberal government for last year's listeria outbreak that killed 21 people across Canada.

The Canwest News Service reports that  Ritz "tried to farm out some of the blame to the previous Liberal government when he testified that the decision in 2005 to cancel the Canadian Food Inspection Agency's mandatory listeria testing program was a big blunder.

"Environmental tests were not required and there was no requirement to report the results," Ritz testified. "The cancellation of that particular program by the previous government was a huge mistake."

Staff at the Maple Leaf Foods plant in Toronto that produced contaminated meat last year conducted regular tests searching for listeria in the plant environment, including food-contact surfaces.

But the company wasn't required to do so or to report the results to government inspectors.

And at the time of the outbreak, the CFIA wasn't aware of the existence of these test results, which showed numerous positive test results for listeria.

Canwest has more here.

 

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Those Canadian researchers who found that searches for “listeriosis" spiked before last summer's outbreak caused by dirty ready-to-eat meat cutting machines at Maple Leaf's Toronto plant was announced publicly did not at all surprise us.

Canadians were getting sick prior to the public announcement, and their doctors were giving them suspected causes of their illnesses. In the wired world, it's natural to seek more information through a web search once you get home from the doctor.

This is one of more than a dozen of the "bug" blogs sponsored by the law firm of Marler Clark. Like most of the "bug" sites, this blog is paired with an educational site going by the address www.about-listeria.com   Whenever an outbreak is about to be announced, we see traffic spikes.

Now this phenomenon is verified by researchers. Agweek reports:

Online searches for the term “listeriosis” spiked several weeks before last summer’s outbreak of the illness was revealed to the public, an article reviewing Internet-based disease surveillance systems shows.

The Google searches for listeriosis, which is the illness caused by Listeria bacteria, began to climb in mid-July and peaked in the first week of August. When the outbreak came to light in the third week of August, online searches for the more commonly used term “Listeria” soared, while searches for listeriosis continued to decline.

The authors of the article, which was published electronically March 12 by the Canadian Medical Association Journal, say they don’t know who was doing the searching before the outbreak was publicly acknowledged. Nor do they know how many more searches than usual would have been needed to create the spike they noted.

More here from Agweek.

 

 

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Canada has boosted requirements for testing and reporting of listeria in processing plants that make cold cuts and other ready-to-eat (RTE) meats.

The new requirements take effect immediately, according to the Canadian Food Inspection Agency, and will mean production facilities must implement "rigourous environmental testing" for listeria and to "immediately" report positive results to CFIA.

A CFIA sampling procedure, will ensure compliance.

"In the coming weeks, the CFIA will initiate a process to ensure that Canada's trading partners are ready and able to provide an equal level of listeria control for the products they export to Canada," CFIA said.

CFIA will "verify the effectiveness" of actions that plant operators take to respond to positive listeria findings. CFIA said it will undertake an "expanded detection program" for listeria and other foodborne microbial pathogens. 

Maple Leaf's ready to eat meat processing plant in Toronto was responsible for a listeria outbreak last summer that killed 20 across Canada.   Michael McCain, Maple Leaf's chief executive officer, promised to exceed the new standards being imposed by the government.

For more, go here.

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The aftermath of the listeria outbreak caused by contaminated ready-to-eat meats produced by Maple Leaf Foods in Toronto, Canada continues to generate some interesting news.   The class action lawsuit  that's underway has attracted support from some 4,000 plaintiffs including the families of the 20 people who died in the outbreak.  

Then there's the joint investigation by CBC and the Toronto Star that looked into the response of Chartwell Care Corp., Canada's largest third-party manager of seniors housing, to the outbreak.

CBC-Toronto Star reporters  found that two-thirds of meat samples taken from Toronto-area nursing homes and hospitals in mid-August for testing were contaminated with listeria.  Chartwell posted letters in two of its nursing homes in southern Ontario - including Villa Forum in Mississauga - after Maple Leaf Foods began recalling all its products from one Toronto plant in August.

The posted letters, which confirmed one case of listeriosis among the nursing home's residents, said the chain would take blood samples for all the residents in the home.

However, the joint CBC-Toronto Star probe found the letters were later removed and no testing was done on residents.

AOL has a summary of the investigation here.  The Windsor Star has a story on who's in and who's out of the class action lawsuit here.

 

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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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Listeria is the common name for the pathogenic or disease-causing bacterium known as Listeria monocytogenes.  It is a foodborne illness that when ingested causes an infection known as listeriosis (Cossart & Bierne, 2001).  Approximately 2,500 illnesses and 500 deaths are attributed to listeriosis in the United States annually (CDC, 2005).

Listeria is ubiquitous in the environment, and can be isolated from wild and domestic animals, birds, insects, soil, wastewater, and vegetation.  The bacterium easily comes into contact with farm animals as it has been found to be present in grazing areas, stale water, and poorly prepared animal feed.  In addition to being present in the environment, Listeria can live in the intestines of humans, animals and birds for long periods of time without causing infection.

Because Listeria is present in nearly every environment - including in some food processing facilities - numerous opportunities for contamination exist during the food production process (Cossart & Bierne, 2001).

Healthcare providers frequently overlook Listeria as a possible cause of illness due to its unusual growth capabilities.  First, laboratories sometimes have a difficult time growing Listeria.  When it is grown, Listeria can be confused with other less harmful contaminants and disregarded.  Second, while most bacteria grow poorly when temperatures fall below 40°F, Listeria survives at temperatures from below freezing to body temperature, and grows best at the 0°F to 50°F range, which includes the temperature range used for freezing and refrigeration.

Due to its unusual growth capabilities, Listeria may be transferred in common ready-to-eat foods that have been kept properly refrigerated.  Thus, Listeria presents many challenges because of its ability to grow in diverse environments.  These host factors, along with the amount of bacteria ingested and the virulence of the strain, determine the risk of disease.

Symptoms of Listeriosis

It is believed that the ingestion of fewer than 1,000 Listeria bacteria can cause human illness.  The incubation period (time between ingestion the onset of symptoms) for Listeria monocytogenes infection, known as listeriosis, ranges from three to seventy days, and averages 21 days (Bryan, 1999).

A person with listeriosis usually experiences fever, muscle aches, and gastrointestinal symptoms such as nausea or diarrhea.  Five days to three weeks after ingestion of the bacterium, Listeria can access all body areas, including the central nervous system, heart, and eyes (FDA/CFSAN, 2003). If the infection spreads to the nervous system, symptoms such as headache, stiff neck, loss of balance, confusion, obtundation, or convulsions can occur. With brain involvement, listeriosis may mimic a stroke.
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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.

Listeria is often isolated in cattle, sheep, and fowl, and is also found in dairy products, fruits, and vegetables.

Symptoms of Listeria infection

It is thought that ingestion of as few as 1,000 cells of Listeria bacteria can result in illness. After ingestion of food contaminated with Listeria, incubation periods (from time of exposure to onset of illness) are in the range of one to eight weeks, averaging about 31 days. Five days to three weeks after ingestion, Listeria has access to all body areas and may involve the central nervous system, heart, eyes, or other locations.

A person with listeriosis usually has fever, muscle aches, and gastrointestinal symptoms such as nausea or diarrhea. If infection spreads to the nervous system, symptoms such as headache, stiff neck, loss of balance, confusion, obtundation (decreased consciousness) or convulsions can occur. With brain involvement, listeriosis may mimic a stroke. Infected pregnant women will ordinarily experience only a mild, flu-like illness; however, infection during pregnancy can lead to miscarriage, infection of the newborn or even stillbirth. Pregnant women are about 20 times more likely than other healthy adults to get listeriosis; about one-third of listeriosis cases happen during pregnancy. The incidence of listeriosis in the newborn is 8.6 cases per 100,000 live births. The perinatal and neonatal mortality rate (stillbirths and early infant deaths) from listeriosis is 80%.

Diagnosis and treatment of Listeria infection

If you have symptoms of listeriosis, a health care provider can have a blood or spinal fluid test done to detect the infection. During pregnancy, a blood test is the most reliable way to find out if your symptoms are due to listeriosis. If you are in a high-risk group, have eaten the contaminated product, and within 2 months become ill with fever or signs of serious illness, you should contact your health care provider and inform him or her about this exposure.

There are several antibiotics with which Listeria may be treated. When infection occurs during pregnancy, antibiotics given promptly to the pregnant woman can often prevent infection of the fetus. Babies with listeriosis receive the same antibiotics as adults, although a combination of antibiotics is often used until physicians are certain of the diagnosis.

Preventing Listeria infection

General recommendations include: thoroughly cook raw food from animal sources; keep uncooked meats separate from vegetables and from cooked and ready-to-eat foods; avoid unpasteurized (raw) milk or foods made from unpasteurized milk; wash hands, knives, and cutting boards after handling uncooked foods; wash raw vegetables thoroughly before eating; and consume perishable and ready-to-eat foods as soon as possible.

Recommendations for persons at high risk , such as pregnant women and persons with weakened immune systems, in addition to the recommendations listed above, include: do not eat hot dogs, luncheon or deli meats, unless they are reheated until steaming hot, and wash hands after handling those products; do not eat soft cheeses (such as feta, Brie, Camembert, blue-veined, or Mexican-style cheese), unless they have labels that clearly state they are made from pasteurized milk; and do not eat meat spreads or smoked seafood from the refrigerated or deli section of the store (canned or shelf-stable products may be eaten).

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