Why We Do What We DoWhy We Do What We Do

Salmonella Pot PiesSalmonella Pot Pies

272 isolates of Salmonella I 4,272 isolates of Salmonella I 4,[5],12:i:- with an indistinguishable [5],12:i:- with an indistinguishable genetic fingerprint were collected genetic fingerprint were collected from ill persons in 35 states. Three of from ill persons in 35 states. Three of these patients’ pot pies yielded these patients’ pot pies yielded Salmonella I4,[5],12:i:- isolates with Salmonella I4,[5],12:i:- isolates with a genetic fingerprint a genetic fingerprint indistinguishable from the outbreak indistinguishable from the outbreak pattern.pattern.

LessonLesson - clear pattern of customer - clear pattern of customer confusion over ready to eat and confusion over ready to eat and ready to cook – especially in ready to cook – especially in microwaves.microwaves.

Salmonella Veggie Booty?Salmonella Veggie Booty?

69 reported cases of Salmonella 69 reported cases of Salmonella Wandsworth in 23 states and 14 Wandsworth in 23 states and 14 cases of Salmonella Typhimurium cases of Salmonella Typhimurium

in six states who became ill after in six states who became ill after consuming Veggie Booty, a consuming Veggie Booty, a puffed vegetable snack food with puffed vegetable snack food with a raw, dried vegetable coating. A a raw, dried vegetable coating. A total of 61 bags were tested in total of 61 bags were tested in twelve states. Salmonella sp. was twelve states. Salmonella sp. was isolated from thirteen bags of isolated from thirteen bags of Veggie Booty. Veggie Booty.

LessonLesson – – know your know your suppliers. suppliers.

Salmonella Tomatoes, or was it Peppers?Salmonella Tomatoes, or was it Peppers?

A final count of 1,442 ill in 43 A final count of 1,442 ill in 43 states, D.C., and Canada, and states, D.C., and Canada, and those are the confirmed those are the confirmed illnesses. Using CDC math - illnesses. Using CDC math - which estimates that for every which estimates that for every documented case of documented case of salmonella in the US, another salmonella in the US, another 38.5 go unreported - the total 38.5 go unreported - the total number sickened was number sickened was probably closer to 50,000. probably closer to 50,000.

LessonLesson – FDA and CDC are – FDA and CDC are woefully underfunded and woefully underfunded and understaffed.understaffed.

Botulism in a CanBotulism in a Can

As of August 24, 2007, eight cases of botulism had been reported to CDC from Indiana (2 cases), Texas (3 cases), and Ohio (3 cases). All eight persons were reported to have consumed hot dog chili sauce made by Castleberry's Food Company.

Castleberry’s manufacturing facility closed after decades in operation.

Lesson – Invest in equipment and people.

E. coli and Campylobacter in Raw MilkE. coli and Campylobacter in Raw Milk

E. coli and Hamburger – Together AgainE. coli and Hamburger – Together Again

In 2007 and 2008In 2007 and 2008 – – 26 recalls; ground beef 26 recalls; ground beef companies recalled companies recalled more than 44 million more than 44 million pounds of E. coli pounds of E. coli O157:H7-O157:H7-contaminated meat.contaminated meat.

In 2006In 2006 – 186,000 – 186,000 pound recalled.pound recalled.

E. coli is back – Why?E. coli is back – Why?

Complacency:Complacency:   After five years of After five years of progress with the E. coli problem, progress with the E. coli problem, one wonders if meat processors one wonders if meat processors have consciously or unconsciously have consciously or unconsciously slacked off, relaxing their testing slacked off, relaxing their testing procedures so that they are less procedures so that they are less likely to detect tainted meat.likely to detect tainted meat.

Better Reporting:Better Reporting:   More doctors are more likely More doctors are more likely to recognize the symptoms of E. coli poisoning, to recognize the symptoms of E. coli poisoning, thereby increasing the chances that an outbreak thereby increasing the chances that an outbreak will be detected, leading to a recall.will be detected, leading to a recall.

E. coli is back – Why?E. coli is back – Why?

Global Warming:Global Warming:    Too dry? Too dry? One theory has it that drought One theory has it that drought through much of the through much of the southeast and southwest has southeast and southwest has led to more fecal dust wafting led to more fecal dust wafting in the breezes through beef-in the breezes through beef-slaughtering plants, creating slaughtering plants, creating new avenues for beef to new avenues for beef to become tainted. become tainted.

Too wet? Too wet? This theory focuses on excessive rainfall This theory focuses on excessive rainfall in other regions, which leads to muddy pens that in other regions, which leads to muddy pens that serve as an ideal vehicle for E. coli at meat-serve as an ideal vehicle for E. coli at meat-processing plants.processing plants.

E. coli is back – Why?E. coli is back – Why?

High oil prices:High oil prices:  The theory is that   The theory is that $3 gas has fueled the growth of $3 gas has fueled the growth of ethanol plants. Those plants tend ethanol plants. Those plants tend to be built next to feedlots to be built next to feedlots because the plants produce because the plants produce a byproduct called distiller’s a byproduct called distiller’s grains, which serves as an grains, which serves as an excellent feed for livestock. excellent feed for livestock. Problem is, according to research Problem is, according to research at Kansas State University, the at Kansas State University, the distillers grain also increases the distillers grain also increases the incidence of E. coli in the hindguts incidence of E. coli in the hindguts of cattle.of cattle.

E. coli is back – Why?E. coli is back – Why?

Illegal Immigration:Illegal Immigration:    Wait, perhaps not. The New Wait, perhaps not. The New York Times reported that York Times reported that immigration officials began immigration officials began a crackdown at a crackdown at slaughterhouses across the slaughterhouses across the country last fall. Some are country last fall. Some are now hiring men from now hiring men from homeless missions and homeless missions and providing free providing free transportation to many transportation to many of them. of them.

Hmmm, an influx of Hmmm, an influx of unskilled, but U.S. unskilled, but U.S. workers, with no workers, with no experience and high experience and high turnover.turnover.

Emerging Foodborne PathogensEmerging Foodborne Pathogens

E. coli O111 linked to nearly 300 illnesses and E. coli O111 linked to nearly 300 illnesses and one death in Oklahoma. E. coli O111 and other one death in Oklahoma. E. coli O111 and other Shiga-toxin E. coli are NOT listed as an adulterant Shiga-toxin E. coli are NOT listed as an adulterant under the Federal Meat Inspection Act – Yet.under the Federal Meat Inspection Act – Yet.

MRSAMRSA

Bird FluBird Flu

Mad CowMad Cow

Peanut Butter and Salmonella - AgainPeanut Butter and Salmonella - Again

As of last week, over 691 persons infected with the As of last week, over 691 persons infected with the outbreak strains of Salmonella Typhimurium have outbreak strains of Salmonella Typhimurium have been reported from been reported from 46 states46 states

Over 150 people Over 150 people hospitalizedhospitalized

Nine DeathsNine Deaths Over 3,800 products Over 3,800 products

recalledrecalled BankruptcyBankruptcy Criminal ProsecutionCriminal Prosecution Declaratory JudgmentDeclaratory Judgment Lesson - ?Lesson - ?

It Can Happen Up NorthIt Can Happen Up North

20082008

Listeriosis in Maple Leaf FoodsListeriosis in Maple Leaf Foods(Estimated 57 cases with 21 deaths)(Estimated 57 cases with 21 deaths)

E. coli linked to Johnathan’s Family E. coli linked to Johnathan’s Family Restaurant in Burlington (Estimated 43 cases)Restaurant in Burlington (Estimated 43 cases)

E. coli linked to Harvey’s chain in North Bay, OntarioE. coli linked to Harvey’s chain in North Bay, Ontario(Estimated 246 cases)(Estimated 246 cases)

Salmonella linked to cheese in QuebecSalmonella linked to cheese in Quebec(Estimated 87 cases and 1 death)(Estimated 87 cases and 1 death)

It Can Happen Up NorthIt Can Happen Up North

20072007

Topps E. coli outbreak linked to Topps E. coli outbreak linked to Rancher’s Beef in Balzac, Alberta Rancher’s Beef in Balzac, Alberta (Estimated 45 cases)(Estimated 45 cases)

20062006

E. coli outbreak linked to Dutch Meat Market E. coli outbreak linked to Dutch Meat Market in St. Boniface (Estimated 40 cases)in St. Boniface (Estimated 40 cases)

Botulism in carrot juice - (Two Toronto residents Botulism in carrot juice - (Two Toronto residents paralyzed, four Americans on ventilators)paralyzed, four Americans on ventilators)

It Can Happen Up NorthIt Can Happen Up North

20052005

Salmonella in Bean Sprouts Salmonella in Bean Sprouts in Ontario (Estimated 648 cases) in Ontario (Estimated 648 cases) 

20042004

E. coli outbreak in Calgary E. coli outbreak in Calgary (Estimated 29 cases linked (Estimated 29 cases linked to five restaurants) to five restaurants) 

20022002

Shigella outbreak in Ontario Shigella outbreak in Ontario (Estimated 200 ill)(Estimated 200 ill)

And Then There Was WalkertonAnd Then There Was Walkerton

20002000 E. coli in E. coli in

Walkerton, OntarioWalkerton, Ontario(Estimate 5,000 ill, seven (Estimate 5,000 ill, seven dead)dead)

And, then there is ChinaAnd, then there is China

Incentives for Companies to Produce Incentives for Companies to Produce Safe Food ProductsSafe Food Products

Market ForcesMarket Forces - risk of - risk of damage to business damage to business reputation, loss of market reputation, loss of market share, and decreased sales share, and decreased sales revenue;revenue;

– Contract Specifications Contract Specifications as a “market force”as a “market force”

– Charging a “premium” Charging a “premium” for safer foodfor safer food

Food Safety Laws and Food Safety Laws and RegulationsRegulations - violations - violations can result in fines, can result in fines, product-recalls, plant-product-recalls, plant-closures or criminal closures or criminal penaltiespenalties

Incentives for Companies to Produce Incentives for Companies to Produce Safe Food ProductsSafe Food Products

Product Liability LawProduct Liability Law - - forcing firms to bear the forcing firms to bear the full costs of decisions made full costs of decisions made about product quality and about product quality and safety by requiring the safety by requiring the payment of monetary payment of monetary compensation for the compensation for the injuries caused by injuries caused by defectively manufactured defectively manufactured or unsafe productsor unsafe products

Incentives for Companies to Produce Incentives for Companies to Produce Safe Food ProductsSafe Food Products

Strict Liability For Food: In SumStrict Liability For Food: In Sum

Strict Liability Is Liability Strict Liability Is Liability WithoutWithout Regard To FaultRegard To Fault

The focus is on the The focus is on the product; not conductproduct; not conduct

You are liable if:You are liable if:

– The product was unsafe The product was unsafe and thus defectiveand thus defective

– The defective product The defective product caused an injurycaused an injury

Can a Canadian Manufacturer be sued?Can a Canadian Manufacturer be sued?

From Injured Person’s and Importer’s From Injured Person’s and Importer’s perspective:perspective:

1.1. Can the supplier be subject to personal Can the supplier be subject to personal jurisdiction of the U.S. courts?jurisdiction of the U.S. courts?

2.2. Does the supplier have fixed assets in the Does the supplier have fixed assets in the United States that can be attached to satisfy United States that can be attached to satisfy a U.S. court judgment?a U.S. court judgment?

3.3. Can the supplier be sued in Canadian Courts?Can the supplier be sued in Canadian Courts?

Where is this Headed?Where is this Headed?

Unlikely that Injured persons will have rights in the Unlikely that Injured persons will have rights in the short run directly against a Canadian Supplier, short run directly against a Canadian Supplier, However:However: First,First, contracts with Canadian exporters will be contracts with Canadian exporters will be

amended to include specific indemnities in favor amended to include specific indemnities in favor of the importer on product safety and quality of the importer on product safety and quality issues. issues.

Second,Second, contracts with Canadian exporters will be contracts with Canadian exporters will be amended to include a specific provision requiring amended to include a specific provision requiring the Canadian seller to obtain and maintain the Canadian seller to obtain and maintain sufficient product and general liability insurance, sufficient product and general liability insurance, with a reputable U.S. or international insurance with a reputable U.S. or international insurance carrier, or to have sufficient, attachable, assets in carrier, or to have sufficient, attachable, assets in the U.S.the U.S.

What is the “Bottom Line?”What is the “Bottom Line?”

The entire chain of distribution is impactedThe entire chain of distribution is impacted

Again, Why We Do What We DoAgain, Why We Do What We Do

Planning Planning AGAINSTAGAINST Litigation Litigation What Is Really ImportantWhat Is Really Important

Identify HazardsIdentify Hazards

– HACCPHACCP

– Do you have Do you have qualified/qualified/committed committed people?people?