CQR Food Safety

Res earc her Published by CQ Press, a Division of SAGE CQ www.cqresearcher.com Food Safety Would new legislation make the food supply safer?

our food can kill you. Every year, about 3,000 Americans die from salmonella and other food - borne illnesses, and an estimated 48 million are YY sickened. Recent scandals over abysmal sanitary conditions in food processing plants that led to large disease out - breaks in eggs and peanuts have pushed Congress to overhaul the food-safety system for all foods except meat and poultry. A last- minute hitch, however, has left the fate of that bipartisan legislation uncertain, despite support from an unusual alliance of industry A USDA medical officer checks eggs for salmonella and consumer advocates. If it wins enactment, advocates may bacteria. Massive health violations by Iowa egg processors led to salmonella contamination that push for revamping meat regulation. Far more disagreement exists sickened at least 1,600 people nationwide this year and sparked the biggest egg recall in U.S. history. on the controversial genetic frontier of food safety. Scientists can now genetically modify fruits and vegetables as well as livestock I and other food animals. But debate over the safety of genetic N THIS REPORT S modification among lawmakers, food safety officials, consumer THE ISSUES ...... 1039 I groups and the food industry shows no sign of quieting down. BACKGROUND ...... 1046 D CHRONOLOGY ...... 1047 E CURRENT SITUATION ...... 1051 CQ Researcher • Dec. 17, 2010 • www.cqresearcher.com AT ISSUE ...... 1053 Volume 20, Number 44 • Pages 1037-1060 OUTLOOK ...... 1054 RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR EXCELLENCE N AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD BIBLIOGRAPHY ...... 1058 THE NEXT STEP ...... 1059 FOOD SAFETY CQ Re search er

Dec. 17, 2010 THE ISSUES SIDEBARS AND GRAPHICS Volume 20, Number 44

• Would new legislation Recalls Occurred in MANAGING EDITOR: Thomas J. Colin [email protected] 1039 make food safer? 1040 Every State • Are imports a bigger More than 2,500 occurred ASSISTANT MANAGING EDITORS: Kathy Koch last year. [email protected] problem than domestically Thomas J. Billitteri, [email protected] produced food? • Are genetic modifications 1041 Reducing the Risk of ASSOCIATE EDITOR: Kenneth Jost and livestock hormones as Food-borne Illness STAFF WRITERS: Marcia Clemmitt, Peter Katel dangerous as salmonella Poultry, meat and eggs should be cooked thoroughly. CONTRIBUTING WRITERS: Roland Flamini, and other pathogens? Sarah Glazer, Alan Greenblatt, Reed Karaim, BACKGROUND Millions Sickened by Barbara Mantel, Tom Price, Jennifer Weeks 1042 Food-borne Illness DESIGN /P RODUCTION EDITOR: Olu B. Davis An estimated 5,000 Americans Outrage and Regulation ASSISTANT EDITOR: Darrell Dela Rosa 1046 die each year. Revelations about Chicago’s FACT-CHECKING: Eugene J. Gabler, meatpacking plants led to Common Food-borne Michelle Harris federal food inspection. 1044 Diseases INTERN: Maggie Clark Bacterial pathogens cause the A System Transformed most prevalent illnesses. 1046 Globalized food production changed Americans’ eating Chronology habits. 1047 Key events since 1905. Genes and Drugs 1048 Contaminated Food’s Toll: A Division of SAGE 1049 In the 1970s consumer Sickness, Agony and PRESIDENT AND PUBLISHER: advocates warned about Maybe Death John A. Jenkins genetic engineering. “A lot of survivors are faced with lifelong illness.” DIRECTOR, REFERENCE SOLUTIONS: Todd Baldwin Outbreaks 1050 Food-borne illnesses have 1050 Small Fraction of Food cropped up repeatedly Imports Are Inspected Copyright © 2010 CQ Press, a Division of SAGE. over the past 20 years. Most shipments pass. SAGE reserves all copyright and other rights herein, unless pre vi ous ly spec i fied in writing. No part of this 1052 How to Handle a Recalled publication may be reproduced electronically or CURRENT SITUATION Product otherwise, without prior written permission. Un- Here are tips from the Food au tho rized re pro duc tion or trans mis sion of SAGE copy - and Drug Administration. right ed material is a violation of federal law car ry ing Law Stalled 1051 civil fines of up to $100,000. Efforts to give the FDA At Issue more power have stalled. 1053 Would strengthening FDA CQ Press is a registered trademark of Congressional regulatory authority improve Quarterly Inc. Genetically Modified food safety? CQ Researcher (ISSN 1056-2036) is printed on acid- 1054 Salmon free paper. Pub lished weekly, except; (Jan. wk. 1) Environmentalists oppose (May wk. 4) (July wks. 1, 2) (Aug. wks. 2, 3) (Nov. FDA approval for altering FOR FURTHER RESEARCH wk. 4) and (Dec. wks. 4, 5), by CQ Press, a division the fish. of SAGE Publications. Annual full-service subscriptions For More Information start at $803. For pricing, call 1-800-834-9020. To pur - 1057 Organizations to contact. chase a CQ Researcher report in print or electronic OUTLOOK format (PDF), visit www. cqpress.com or call 866-427- 1058 Bibliography 7737. Single reports start at $15. Bulk purchase dis - Down to the Wire Selected sources used. counts and electronic-rights licensing are also avail - 1054 able. Pe ri od i cals post age paid at Wash ing ton, D.C., Prospects for a food-safety The Next Step bill this year are dim. 1059 and ad di tion al mailing of fic es. POST MAST ER: Send Additional articles . ad dress chang es to CQ Re search er , 2300 N St., N.W., Suite 800, Wash ing ton, DC 20037. Citing CQ Researcher Cover: U.S.D.A./Stephen Ausmus 1059 Sample bibliography formats.

1038 CQ Researcher Food Safety BY PETER KATEL

state inspectors, found after THE ISSUES the outbreak that Peanut Corp. of America’s own factory tests he report made for had turned up salmonella 12 poor breakfast reading times since 2007. The Virginia- T — especially if eggs based company has filed for were on the menu. bankruptcy protection. 5 “Chicken manure located Most victims of a food- in the manure pits below borne illness suffer nothing the egg laying operation was n more serious than a stomach o t r observed to be approxi - e disorder that they can shake b mately 4 feet high to 8 feet m off, but thousands of others e P high,” government inspec - aren’t so lucky. “I spent 12 e l l tors wrote in August. “The e hours in the ER, so sick they h c outside access doors to the i were scared to move me,” M / manure pits . . . had been r Sarah Lewis, 30, of Freedom, a t S pushed out by the weight Calif., told lawmakers of her s i

1 l

of the manure.” o experience after she ate a p

And the list of food-safety a custard tart at a banquet. n a hazards didn’t stop there, as i Eggs in the custard were d n I

U.S. Food and Drug Adminis - traced to the Iowa farms. e

tration (FDA) investigators h T “They thought they were / o roamed farms in Clarion and t going to have to do emer - o

Galt, Iowa. “Live and dead flies h gency bowel surgery because P

too numerous to count were P the CT scan showed bowels A observed,” they reported. “In Packages of recalled peanut butter crackers await that were so inflamed and so addition, live and dead mag - pickup at an Indianapolis food bank last year. Nine sick I was put in ICU.” 6 gots too numerous to count people died in 2008-2009 after eating salmonella- After recovering, Lewis had contaminated peanut products from a Georgia were observed,” as well as processing plant where inspectors found to be hospitalized again less “holes appearing to be rodent blatant violations of food-safety standards. than three weeks later. And burrows located along the sec - even after that, she testified, ond floor baseboards.” 2 “I had to be on antibiotics The report made prime fare for a DeCoster insisted that the farm main - every six hours for the next 14 days. September congressional hearing into tained salmonella-prevention mea - And all during this I found out that the outbreak of egg-borne salmonella sures beyond those required by the the salmonella was still present and poisoning that sickened at least 1,600 FDA. He blamed an outside animal raging in my body. I still have severe people nationwide starting in May. feed supplier for the outbreak. cramping, diarrhea, fevers.” 7 The bacteria apparently had migrated Joshua Sharfstein, principal deputy The U.S. Centers for Disease Con - from chickens’ innards to eggshells, FDA commissioner, later disputed the trol and Prevention (CDC) estimates though egg farms are supposed to re - feed-supplier hypothesis. “The FDA has that 3,000 people a year die from taint - move salmonella. not reached that conclusion at all,” he ed food or drink, and that 48 million “Why did companies with a record of told reporters outside the hearing. 4 are sickened. And, like Lewis, an es - prior violations not ensure their facilities The egg scandal marked the second timated 128,000 are hospitalized. were clean and free of rodents?” Rep. such major episode in as many years These numbers are noticeably lower Michael Doyle, D-Pa., asked as a House involving salmonella-tainted food. Nine than previous estimates from 1999, but panel grilled Peter DeCoster, chief oper - people died in 2008-2009 after eating CDC scientists wrote that improved ating officer of his family’s Wright Coun - contaminated peanut products. They data collection and more accurate sta - ty egg operation, and other witnesses. came from a Georgia processing plant tistical techniques have lent greater pre - “Why did positive tests for salmonella not where inspectors found blatant viola - cision to the estimating process. What cause the producers to go into overdrive tions of elementary food-safety standards. hasn’t changed is that pathogens — to clean up their premises?” 3 The FDA, which had relied on lenient bacteria and viruses that cause illness

www.cqresearcher.com Dec. 17, 2010 1039 FOOD SAFETY

small farms and raw milk producers Recalls Occurred in Every State and consumers. He points to what he More than 2,500 recalls of food products occurred nationwide in calls burdensome paperwork require - ments in the proposed federal law. the past year. Every state had at least 41 recalls, with the most in “The big firms will be able to comply California, Texas, New York and Oregon. better than small ones will.” Nevertheless, the enormity of the Wash. Mont. N.D. Minn. N.H. U.S. food system, the speed with which Vt. products move from farm or process - S.D. Wis. Maine Ore. ing plant to dinner table and the ris - Idaho Wyo. Mich. N.Y. Mass. Neb. Iowa ing volume of imports all argue for up - Pa. R.I. Ill. Ind. Ohio dating the regulatory system, proponents Nev. Conn. Utah Colo. Kan. Mo. W.Va. N.J. of the legislation say. They cite the sys - Ky. Va. Calif. Del. tem’s origins in an age when farms Okla. Tenn. N.C. Md. Ark. grew a variety of crops, food manu - Ariz. N.M. S.C. D.C. Miss. facturers tended to be local or region - La. Ala. Ga. Texas al businesses and most households de - No. of Recalls pended on their own cooking. 41 to 50 Fla. “Our agriculture is much more of Alaska 51 to 60 61 to 70 a monoculture, and manufacturing More than 71 processes have become much more Hawaii integrated, so when there’s a mistake it gets amplified quickly,” says William Sources: Center for Science in the Public Interest, U.S. PIRG and Consumer Federa - Marler, a Seattle lawyer who has spe - tion of America cialized in representing victims of food-borne illness outbreaks since a — have evolved to meet modern con - chances of a food-safety bill passing deadly 1993 episode involving ham - ditions. At least four of today’s most next year as dim. Anti-regulatory Re - burgers from the Jack in the Box fast- dangerous pathogens weren’t known publicans, some with Tea Party backing, food chain. to be problematic only three decades will dominate the House when the To be sure, Marler says, outbreaks ago. ( See box, p. 1044. ) 8 new Congress is seated in January. of illness, for all of their sometimes Revelations of appalling conditions And the Senate, though still controlled tragic outcomes, aren’t the norm. “We behind the egg- and peanut-borne by Democrats, may lack the votes to have a surprisingly safe food supply,” outbreaks re-energized longstanding ef - pass a major regulatory overhaul of he says. “Businesses do a good job of forts to expand federal regulation of the food industry. not poisoning the vast majority of us.” food cultivation and production — the Sen. Tom Coburn, R-Okla., sum - The pending legislation attempts to first overhaul of a system that’s been marized opponents’ objections to the match the speed with which contam - in place with few fundamental changes legislation. “The bill . . . will grow the inated food can reach consumers by since 1906. government, increase food prices and granting the FDA power to order food Shortly after the Thanksgiving holi - drive small producers out of business recalls. Consumers may assume other - day, the Senate passed the bipartisan, without making our food any safer,” wise, but the government now lacks comprehensive Food Safety Act that — he said after failing to block passage recall authority, though officials can unusually — had backing from both of the bill on its first vote. 9 usually pressure firms into withdraw - consumer advocates and most major Opponents outside Congress in - ing food from the market when con - food-industry lobbies. The House had clude small-farm boosters who distrust tamination is suspected or proved. 10 passed a nearly identical bill last year. regulators and major food companies Other provisions would require But the prospects for enactment be - in equal measure. “The bill gives big adoption of a method for preventing fore year-end have turned complicat - firms a competitive advantage over local contamination that is already widely ed. A technical problem with the leg - food,” says Peter Kennedy, a Sarasota, used in the food industry. And in - islation has led to the need for new Fla., lawyer who is board president of spections of companies shipping food votes in both chambers. If those votes the Farm-to-Consumer Legal Defense to the United States would be stepped would not occur, some experts rate the Fund, which advocates on behalf of up by authorizing “third parties” —

1040 CQ Researcher foreign governments or private firms — to do the work. Reducing the Risk of Food-borne Illness Advocates of the food-safety bill The following simple precautions can make food safer, according to argue that today’s conditions demand the U.S. Centers for Disease Control: increased government authority, com - bined with a strategy of curbing out - breaks by emphasizing prevention. “Our Cook: Cook meat, poultry and eggs thoroughly. food-safety strategies historically have Measure the internal temperature of meat to relied upon finding the needle in the ensure it is cooked sufficiently to kill bacteria. For haystack,” says Scott Faber, vice pres - example, ground beef should be cooked inside to ident for federal affairs at the Grocery 160 o F. Eggs should be cooked until the yolk is Manufacturers of America. “The bill re - firm. flects a new philosophy which tries Getty Images/Frazer Harrison to reduce the likelihood of contami - Separate: Avoid cross-contaminating foods nation in the first place.” by washing hands, utensils and cutting boards Over the past 20 years, as consumers after they have been in contact with raw meat or have become accustomed to fresh pro - duce and processed foods from all over poultry and before they touch another food. Put the world, outbreaks have routinely cooked meat on a clean platter, rather than back on one that held the raw meat. covered big regions. In one 2006 case, Getty Images/David McNew the FDA warned U.S. consumers na - tionwide not to eat fresh bagged spinach Chill: Refrigerate leftovers promptly. Bacteria while investigators traced a contami - can grow quickly at room temperature, so refrig - nant that had killed three people and erate leftover foods if they are not going to be sickened hundreds. eaten within four hours. Large volumes of food The following year, pet owners re - will cool more quickly if they are divided into ported thousands of dog and cat several shallow containers for refrigeration. deaths from Chinese pet food deliber - Getty Images/Frank Polich ately tainted with a deadly industrial Clean: Rinse fresh fruits and vegetables in chemical meant to resemble protein running water to remove visible dirt and grime. concentrate. Humans weren’t harmed Discard the outermost leaves of a head of lettuce — except in China, where the same chemical was included in powdered or cabbage. Because bacteria can grow well on milk and baby formula. But no one the cut surface of fruit or vegetables, do not looking at food imports from China, contaminate these foods while slicing them on the which tripled to $5.8 billion from 2001 cutting board, and avoid leaving cut produce at to 2008, could take much reassurance AFP/Getty Images/Romeo Gacad room temperature for many hours. from the fact that harmful ingredients hadn’t yet been found in Chinese- Report: Report suspected food-borne produced food for people. 11 illnesses to your local health department because Food-safety advocates don’t see the it is an important part of the food-safety system. 2010 legislation — if it passes — as the Often calls from concerned citizens are how culmination of all their efforts. Some outbreaks are first detected. point to a need to update the meat and Digital Stock poultry regulatory system that the Agri - Source: Centers for Disease Control and Prevention, http://cdn.publicinterestnetwork. culture Department runs. And many are org/assets/ec6570b6b60abd0c70670d5706aee031/Recipe-for-Disaster---Recalls.pdf. demanding tougher government scruti - ny of genetically modified foods (often Nevertheless, some safety advocates tific literature that they’re dangerous,” known as GMOs, genetically modified don’t view high-tech food engineer - says Marler, the food-safety lawyer. organisms), the use of growth-inducing ing as threatening as pathogens. “But maybe that’s because I’m fo - substances fed to livestock and certain “There’s an emotional argument against cused on pathogens killing people on plastics used in food packaging. GMOs, but I haven’t seen any scien - a daily basis.”

www.cqresearcher.com Dec. 17, 2010 1041 FOOD SAFETY

As food-safety officials and con - of a contamination outbreak. 16 “Right sumers study the food supply system, Millions Sickened by now, there are some states that do a here are key questions: Food-borne Illness great job of surveillance, like Minnesota, and others — mostly in the South — Would new legislation make the An estimated 3,000 Americans that do an incredibly crappy job of food supply safer? die and 48 million are sickened surveillance,” Marler says. The project, Questions about the adequacy of each year from tainted food. he says, would lead to “a more uni - federal food-safety regulation have dom - fied and efficient system for food-borne (in millions) inated news coverage of food-borne illness surveillance.” 50 48 million illness outbreaks over the past 20 Nevertheless, some argue that beef - years. Doubts grew even more insis - 40 ing up the FDA would defeat the pur - tent following the two most recent pose of instilling more efficiency in the major outbreaks. 30 food-safety process. Even the legislation’s

In this year’s egg contamination case, 2 proposed requirement of a food-safety federal and congressional investigations methodology known as Hazard Analy - showed that health issues were noth - 1 sis and Critical Control Point, or HACCP 128,000 ing new for the DeCosters’ Wright 3,000 0 — in which each step in a process where County Egg operation. The farm had Illnesses Hospitalizations Deaths contamination can occur is rigorously been declared a “habitual violator” of monitored — would become less effec - environmental laws by the state of Sources: “Food Safety in the 111th tive if the legislation were enacted, ar - Iowa as far back as 2001 and paid Congress: H.R. 2749 and S. 510,” gues Gregory Conko, a senior fellow at Congressional Research Service, Dec. 1, $219,000 in fines. 12 the Competitive Enterprise Institute, a Since 2008, state inspectors had 2010; based on Paul S. Mead, et al. , “Food-related Illness and Death in the pro-business research and advocacy or - found 426 positive test results for sal - United States,” Emerging Infectious ganization. ( See “At Issue,” p. 1053. ) monella, including 73 potential indi - Diseases , September/October 1999 “When you get a regulatory agency cators of the precise strain that sick - involved, in order to make it at all prac - ened at least 1,600 people. 13 bill to protect the safety of the food ticable for them, you’ve got to make it Rep. Bart Stupak, D-Pa., chairman of supply. We need this bill to help us uniform, so that regulators understand the House Energy and Commerce Over - prevent another egg outbreak just like what they’re looking at and how to go sight and Investigations Subcommittee, the one that we’ve experienced.” 15 about enforcement and inspection,” and Sharfstein, the FDA official, used Changes in the food system make Conko says. “Instead of allowing the plan the September hearing as a forum to the legislation essential, says Marler. to be highly flexible, it ends up instill - urge Congress to finish work on the “If you look at the last several years, ing rigidities that eliminate the benefits food-safety legislation. Both the House the overriding problem has been the you might otherwise have gotten.” bill and the similar measure the Senate fact that the food industry has got - And mandatory recall authority like - passed on Nov. 30 would require the ten so complex, with all these inputs ly would make the response to conta - FDA to order food recalls if a compa - from a variety of places — small and mination outbreaks less effective, ny refuses to do so. They would also larger farms — that industry was only Conko says. “The benefit of the current require all producers and processors to as strong as its weakest link,” he says. situation is that when the FDA identi - maintain food-safety plans covering every “What the bill is trying to accomplish fies a potential problem, they’ve actu - step of their operations. Whistleblowers is to deal with all of it, so that in - ally got to go explain to the manufac - in food facilities would get legal pro - dustry is not taken down for the bad turer, ‘Here’s why we think the problem tection for disclosing information about practices of one part of the puzzle.” is in your food, and here’s why we safety violations. And imports would be That overall benefit aside, Marler think you should engage in a recall of subjected to the same requirements as says the single most crucial part of the these lots,’ ” he argues. “Recalls, when domestically produced food. 14 legislation is often overlooked in the they happen, are more targeted and Sharfstein argued that mandatory political debate over regulatory au - precise. If FDA can order recalls with recall authority, as well as steady fund - thority. The provision (contained in no pushback from industry, then polit - ing from fees imposed on food pro - both Senate and House versions) would ical incentives will force it to order lots ducers, would ensure more extensive order FDA to develop methods to rapid - of recalls, even where there is limited oversight. “Here’s my bottom line,” he ly track raw fruits and vegetables, en - evidence that a problem exists in a par - said. “We need this bill. We need this abling quick identification of the source ticular lot or product line.”

1042 CQ Researcher But advocates of the legislation main - there is no case of illness, still be or - In that case, U.S. pet owners re - tain that the voluntary-recall system has dered to recall a product.” ported the deaths of as many as 4,000 outlived its usefulness. They point to Moreover, despite evidence that the dogs and cats. And FDA investigators this year’s contaminated egg scandal as egg producers this year tolerated health found that melamine also had been an example. “Having that many eggs hazards, Kennedy asserts that the FDA an ingredient in feed for 6,000 hogs going out to as many states as they doesn’t need recall authority. “If a firm and almost 3 million chickens in - were going to, you can’t contain an out - thinks its products have made people tended for human consumption in the break” without more intensive regula - ill, they’re going to get them off the United States. Moreover, in the Chi - tion, says Elizabeth Hitchcock, public market ASAP,” he says. “They’re look - nese market, melamine in baby for - health advocate for the U.S. Public In - ing at tremendous civil liability dam - mula killed six infants and sickened terest Research Group (USPIRG), a con - ages they could have to pay. The firm an estimated 300,000 in 2008. (Two sumer advocacy organization. “It’s a has an incentive to act.” Chinese businessmen convicted of sell - problem that we can ing the adulterated prod - address by requiring ucts to boost profits were more frequent in - executed last year.) 18 spections and by The melamine episode giving the FDA au - showed that food-borne thority to order the illness could stem from recall rather than deliberate use of man - spending time ne - made substances, as well gotiating back and as carelessness or indif - forth, which slows ference about protection down the process of from bacteria and virus - g getting unsafe food n es. In that light, the in - o W off store shelves and creasing globalization of x e out of pantries.” l the U.S. food market be - A /

Outbreaks would e came an even bigger g still occur if FDA a worry. Following the m I

power were ex - y melamine episode, The t t panded, Hitchcock e Washington Post report - G acknowledges. “But Carol Lobato, left, a Colorado grandmother, told a congressional panel ed that some foods from we can curb the in September that she fell violently ill after eating a rattlesnake-cake China that FDA inspec - spread of an out - appetizer containing tainted eggs traced to two Iowa farming tors had turned away in - break and get food operations. Sarah Lewis, 30, the California mother of two children, cluded juices and fruits right, told the panel she “spent hours in the ER” after eating a off shelves more custard tart made with contaminated eggs. described as “filthy,” quickly,” she says. prunes colored with “When people buy a can of whatev - Are imports a bigger problem chemical dyes banned for human con - er it is — ravioli, say — they ought than domestically produced food? sumption, and frozen breaded shrimp to have some assurance that the food Most food recalled during the past preserved with nitrofuran, a carcinogenic was grown safely, packed safely, and, 20 years was domestically grown or antibacterial drug. 19 if there is a problem, that the prob - produced. Nevertheless, a 1996 outbreak As those FDA moves show, the lem can be resolved quickly.” traced to Guatemalan raspberries and agency inspects imports. In addition But “the FDA has a tendency to a 1997 rash of cases involving Mexi - to inspectors at U.S. ports of entry, shoot first and ask questions later,” can strawberries illustrated the grow - the FDA has deployed 38 personnel argues Kennedy, of the the Farm-to- ing role that imports play in the U.S. to offices in Beijing, Guangzhou and Consumer Legal Defense Fund. “For a food supply. Shanghai, China; New Delhi and Mum - big firm, recalling product is written The contaminated produce in those bai, India; Brussels, London, and Parma, off as a cost of doing business, but episodes came from nearby countries. Italy; San Jose, Costa Rica; and Mexico with small firms, just one recall can The 2007 emergency involving pet food City. However, the volume of imports put them out of business. Giving the deliberately tainted with melamine — far outstrips the agency’s capacity. FDA FDA this recall power poses risk to a coal-derived industrial chemical — inspectors physically examine only firms who might, in instances where centered on China. 17 about 1 percent of all food imports,

www.cqresearcher.com Dec. 17, 2010 1043 FOOD SAFETY

is director of the University of Geor - Common Food-borne Diseases gia’s Center for Food Safety and has The most commonly recognized food-borne infections are caused by served on FDA and Department of Agri - the bacterial pathogens campylobacter, salmonella and E.coli culture advisory panels. “It’s going to O157:H7, and by a group of viruses called calicivirus, also known be an even greater challenge to ensure the safety of those foods unless we do as the Norovirus. something — the sooner the better.” Doyle, whose center serves food causes fever, diarrhea and abdominal cramps. Campylobacter companies as a research facility, adds, It is the most commonly identified bacterial cause of diarrheal “Not to say we don’t have problems illness worldwide. These bacteria live in the intestines of healthy here in the United States in terms of birds, and most raw poultry meat has campylobacter on it. Eating food processing and production, but undercooked chicken or other food that has been contaminated percentage-wise what we see coming with juices dripping from raw chicken is the most frequent in from other countries, when you see source of this infection. how they process food, there’s likely to be greater problems.” Salmonella is also a bacterium that is widespread in the intes - Other experts argue that empha - tines of birds, reptiles and mammals and spreads to humans via a sizing problematic imports can distract variety of different foods of animal origin. The illness it causes, attention from problems in the do - salmonellosis, typically includes fever, diarrhea and abdominal mestic food industry. Marler, the food- cramps. In persons with poor underlying health or weakened borne illness lawyer, noting that he’s immune systems, it can invade the bloodstream and cause worked on every major outbreak since life-threatening infections. 1993, says, “If there had been a trend of imported products poisoning us, I E.coli O157:H7 is a bacterial pathogen found in cattle and would have noticed.” Contamination other similar animals. Human illness typically follows consump - in imports “is not 10 percent of the tion of food or water that has been contaminated with micro - outbreaks” overall, Marler estimates. scopic amounts of cow feces. The illness it causes is often severe To be sure, risks do increase as im - and bloody diarrhea and painful abdominal cramps, without ports rise, Marler says. But he adds, much fever. In 3-5 percent of cases, a severe complication called “People freaking out about imported food is a little bit nationalistic, and a hemolytic uremic syndrome (HUS) can occur weeks after the defense of U.S. corporate interests.” initial symptoms, with temporary anemia, profuse bleeding and Faber, of the Grocery Manufactur - kidney failure. ers of America, acknowledges that im - ports can be problematic. “Many coun - Calicivirus , or Norovirus is an extremely common cause of food-borne illness, though it is rarely diagnosed because the tries simply lack the regulatory tools we take for granted in the United laboratory test is not widely available. It causes an acute gastroin - States and the European Union,” he testinal illness, usually with more vomiting than diarrhea, that says. “It’s easier to set and enforce resolves within two days. Unlike many food-borne pathogens that standards for spinach grown in the have animal reservoirs, it is believed that Noroviruses spread United States than to audit food com - primarily from one infected person to another. ing from 175 other countries.” However, Faber argues that imports Source: Centers for Disease Control and Prevention, www.cdc.gov/ncidod/dbmd/ overall are more to be welcomed than diseaseinfo/foodborneinfections_g.htm#mostcommon feared. “Importing food from around the globe provides us with a wider the Government Accountability Office Proponents call that change essential. variety of food at less cost,” he says. (GAO) reports. ( See graph, p. 1050. ) 20 “We are importing more and more And he adds that U.S. food exports The food-safety legislation would food, much of it coming from coun - have surpassed imports for the third hold imported producers to the same tries that have less than what we con - year in a row (the most recent figures stepped-up safety requirements that sider to be sanitary practices,” says available show that the United States domestic producers would have to meet. Michael Doyle, a microbiologist who exported $48.5 billion in processed

1044 CQ Researcher foods in 2008 and imported $40 bil - the United States. Only four years later, “There are questions of what you are lion). 21 “Globalization in food supply 61 percent of corn, 89 percent of soy - mixing with what.” She cites the possi - has also provided jobs in the United beans and 83 percent of cotton had bility that genetic modification of a States,” he says. been genetically modified. 23 fruit or vegetable, such as peanuts, Kennedy of the small-farmers or - The FDA approved those modified could introduce genes to which many ganization, though, argues that the crops for human consumption. More people are allergic. growth in imports “is not a positive recently, the agency has approved the “Industry will certainly tell you that trend.” He believes that imports are sale of salmon genetically modified to the issue requires more study,” Hitch - more dangerous to consumers’ safety grow faster. Nevertheless, public skep - cock says, adding that studies should but acknowledges he has no data to ticism about the safety of such food be done in laboratories, not in the support that conclusion. But he does is rising. One reason is growing aware - kitchens of unknowing consumers. “If point to what he calls a dangerous ness that the European Union (EU) something requires more study, it re - environmental trend set in motion by has banned the sale of GM foods. quires more study before we expose globalization. “Look how far food is Conflicts also are intensifying con - human beings to it, before we unleash traveling to get to market,” he says, cerning the use of certain chemicals in the whirlwind. Don’t study on me, citing the effects of the energy con - livestock-raising and food packaging. don’t study on my kids.” sumption involved in transporting and Most recently, Sen. Dianne Feinstein, Doyle of the University of Georgia storing the imports. D-Calif., gave up an attempt to attach argues that the FDA screens geneti - an amendment to the Senate food- cally modified foods for allergens and Are genetic modification, livestock safety bill that would ban Bisphenol other new elements before approving hormones and plastic packaging A (BPA) from baby bottles and sippy them for sale. He acknowledges that as dangerous as salmonella? cups. The industrial chemical also is the rigor of other countries’ evaluation As politicians and advocates fight used as a hardening agent in plastic processes isn’t certain. “We don’t know over whether to ratchet up FDA au - food and beverage containers, and in what goes on in China and some of thority, conflicts are stirring over an the linings of some food cans. 24 these other countries,” he says. “That entirely different set of food-safety Feinstein bowed to what she called I could see as a potential concern.” issues. Questions about the health ef - overwhelming industry pressure. Her On another issue of heated debate fects of genetically modified food amendment reflected concerns that — the use of a synthetic version of a and the use of medication and hor - have circulated for years among health naturally occurring growth hormone to mones on livestock and similar advocates who cite studies linking BPA stimulate milk production in dairy cows processes have surfaced in regulato - to cancer and growth and reproduc - — Doyle argues that safety is assured. ry and political settings. tive disorders. Some cite evidence that “The data I’ve seen is that the levels Already, most Americans are eating BPA and other chemicals used in food in animals are so low you don’t even genetically modified foods. These take are “endocrine disrupters” that can bring see any difference from normal levels,” the form of ingredients in a large num - on early puberty. 25 he says. “It is not thought to be a safe - ber of processed foods. Soy lecithin, The FDA is assessing BPA’s effects ty issue.” The substance in question is corn syrup, cotton seed (a protein but so far has rejected calls to ban recombinant bovine somatropin (BST). source in candy) and other grain de - the chemical. Food manufacturers As in the case of genetically modi - rivatives have been genetically modi - cited that stance in opposing Fein - fied foods, BST is banned in the EU. fied, mostly to resist insects. Modifi - stein’s proposed amendment. “We trust And in the United States, consumer dis - cations occur when scientists remove the FDA to complete a safety assess - trust of human-introduced substances a specific DNA strand from one or - ment for BPA, and we don’t think the in milk — whatever the quantities — ganism and implant it in another, Senate should short-circuit and under - is significant enough that some dairy- where it does the same work that it mine the FDA,” Faber of the Grocery product makers — notably Ben & Jerry’s did in its original site — building a Manufacturers Association told The Ice Cream — shun BST and announce plant’s resistance to a certain insect, Washington Post. 26 its absence on their labels. 27 for instance. 22 But some consumer advocates argue But some argue that those who decry Scientists learned in the 1970s how against allowing industry to use prod - BST, as well as food re-engineering in to transfer genes. By 2002, genetically ucts and processes while their overall general, are rejecting valid scientific ar - modified (GM) crops represented 26 per - effects are under study. “There is a guments for human intervention in the cent of corn, 68 percent of soybeans consumer right to know what we are food chain. “Recombinant genetics often and 69 percent of cotton planted in eating,” says Hitchcock of U.S. PIRG. can result in an end product that is

www.cqresearcher.com Dec. 17, 2010 1045 FOOD SAFETY

much safer than what obtains from In an America on the verge of civil of them had gone out to the world conventional breeding,” says Conko of war, the would-be reformers failed in as Durham’s Pure Leaf Lard!” State in - the Competitive Enterprise Institute. He their mission to promote safety standards spectors on the premises, Sinclair wrote, cites pre-1970s cross-breeding of pota - in the fledgling food-processing industry. didn’t do much inspecting. 29 to and tomato species with wild vari - Outrage by importers of American foods Having written the book as a call eties, some of which had concentra - in the final decades of the 19th century to arms, Sinclair took full advantage tions of the toxin produced by the made a much bigger impression on food of the sensation it created by calling nightshade plant that were higher than producers and politicians. for a law that would assign full-time found in food for human consumption. European buyers of what was la - federal inspectors to all slaughterhouses. Nightshade is a relative of the tomato beled as American butter found it to In 1906, Congress acted on that de - and potato. be a concoction of beef fat, cattle mand, passing the Meat Inspection Act. As for BPA and other plastics, Conko stomach and the udders of cows, hogs The Pure Food and Drug Act, passed (who is not a scientist but co-wrote and ewes. By the mid-1880s, after im - at the same time, set up a regulatory a book on bio-engineering with a porters realized what they’d been buy - system for most other foods. The sep - physician/molecular biologist) argues ing, sales fell, not surprisingly. arate spheres for meats and non -meats that the quantities of chemical prod - Meat exports to Europe also ran persist to this day. ucts that migrate into bodies are tiny afoul of importers’ vigilance. In 1879, At the time the law was enacted, — far smaller than quantities of nat - Germany charged that the United both sets of inspectors worked for the urally occurring endocrine disrupters. States was allowing meatpackers to Agriculture Department — the meat “We humans are exposed to orders of export pork infected with cholera, as inspectors for the agency’s Bureau of magnitude greater levels of hormon - well as worms that spread trichinosis. Animal Industry, and the non-meat in - ally active substances — endocrine A boycott of U.S. pork ensued. An - spectors for the Bureau of Chemistry. mimickers that occur naturally in foods, other export scandal arose over con - In 1931, Congress created the FDA such as anything with soybeans in it,” taminated beef. Meat inspectors were made re - he says. “The only retort critics can During the same period, Peter Col - sponsible for detecting animals or car - come up with is that if they occur lier, chief chemist of the U.S. Agricul - casses that were “filthy, decomposed naturally in food plants, our bodies have ture Department, was investigating adul - or putrid.” But, as Marion Nestle, a pro - evolved to be immune. But there’s no terants in foods, a project that led him fessor of nutrition, food studies and pub - scientific basis to that claim.” in 1880 to propose the first food and lic health at New York University, writes, drug regulation bill. The measure was those criteria exclude inspectors from defeated. About 100 other bills to im - searching for microorganisms that could pose federal regulation on food (and endanger consumers. “They could not drug) production also failed. possibly ‘see’ bacteria and infections that BACKGROUND 30 It took a muckracking journalist to did not make the animal sick.” decisively alter the political climate in favor of government supervision of Outrage and Regulation food production. Upton Sinclair’s best- A System Transformed selling The Jungle , a 1905 exposé in arly American food consumers were the form of a novel, shocked the na - hen Congress established food- E taking their lives in their hands. In tion with its gruesomely detailed ac - W safety regulatory systems, most of 1859, a group of civic activists who counts of Chicago slaughterhouses. the food that most Americans ate came had gathered in Boston began investi - Other journalists had been mining the from their own or neighboring states. 31 gating the ingredients of some com - same theme, but Sinclair produced such The industrialized, globalized system monly purchased prepared foods. His - a compelling narrative that it seized of today took its present shape in the torian Stephen Mihm of the University the nation’s attention. final decades of the 20th century. That of Georgia recounts that their unap - “The workers fell into the vats; and transformation allowed a change in eat - petizing finds included: arsenic in candy; when they were fished out,” Sinclair ing habits. Americans began consum - extract of “nux vomica” — which con - wrote about the sausage-making and ing more fruits and vegetables, and far tains the deadly poison strychnine — meat-grinding process, “there was never less red meat, largely because doctors in beer; copper sulfate in pickles; lead enough of them to be worth exhibit - and dietitians were urging consumers traces in custard powder; and chalk ing — sometimes they would be over - to adopt “heart-healthy” eating habits. and sheep’s brain in milk. 28 looked for days, till all but the bones Continued on p. 1048

1046 CQ Researcher Chronology

bacterial resistance to infection- 2003 1900s-1930s fighting medication in humans. . . . Hepatitis A outbreak kills three and Exposure of scandalous food- Industry -backed Farm Belt law - sickens more than 550 others who safety conditions leads to fed - makers persuade FDA to cancel ate contaminated scallions at a eral regulations. the directive. Pittsburgh-area Chi-Chi’s restaurant.

1905 1993 2006 Journalist Upton Sinclair’s The Jungle , Pathogen-contaminated hamburgers Before source is found of an E. a novelized investigation of Chicago sold at Western Jack in the Box coli outbreak that kills three and slaughterhouses, shocks the nation. fast -food outlets kill four and sicken sickens at least 200 others, FDA nearly 1,000. warns consumers nationwide not 1906 to eat fresh spinach sold in bags. Passage of Meat Inspection Act and 1995 Pure Food and Drug Act creates Consumption of fresh fruit is up 2007 parallel food regulatory systems for by 24 pounds per capita, and of Chinese pet food tainted with an meats and all other foods. fresh vegetables by 31 pounds. industrial chemical added by un - scrupulous manufacturer kills as 1931 1997 many as 4,000 dogs and cats in Congress creates separate Food and An outbreak of hepatitis A hits hun - the United States. Drug agency, later transferring it dreds of public school students and from Agriculture Department to teachers in three states who had 2008 forerunner of Health and Human consumed Mexican strawberries. U.S. food imports from China triple Services Department. from 2001 to $5.8 billion a year. . . . 1998 Americans spend 49 percent of their • Listeria contamination in Ball Park food money on meals prepared out - brand hot dogs sets off outbreak side the home. . . . FDA approves that spreads across 22 states and sale of meat and milk from cloned 1970s-1990s kills 21 people. animals, though the products do not Americans change their eating immediately go on sale. habits and diets, scientific ad - • vances enable new forms of 2009 human intervention in food Salmonella-tainted peanuts in snack cultivation and a wave of wide - 2000s Agribusiness foods found to have killed nine spread food-borne illness begins. steps up use of genetically people since 2008; investigations modified crops; widespread show numerous health violations at 1970s outbreaks of illness from Georgia plant where the nuts were Scientists transfer specific genes from pathogens continue, prompting processed. . . . House passes com - one organism to another, leading to increased congressional inter - prehensive food-safety legislation that development of crops that resist est; industry and consumer ad - would give FDA mandatory recall pests, and other innovations. vocates team up on a legisla - power over non-meat foods. tive proposal for new 1970 food-regulation system. 2010 Americans spend 34 percent of Salmonella-contaminated eggs that their food dollars on food prepared 2002 sicken an estimated 1,600 people are outside the home — a practice that Genetically modified soybeans ac - traced to two Iowa farms where would later become far more count for 68 percent of U.S. soy FDA inspectors find numerous health prevalent. crop and genetically modified corn violations. . . . Senate passes food- 26 percent of corn crop. . . . Unit - safety legislation similar to House 1977 ed States suspends importation of version. . . . Technical hitch in Sen - FDA orders limits on use of anti- Mexican cantaloupes following a ate version makes new vote neces - biotics in cattle feed, based on salmonella outbreak that kills two sary but that possibility hangs in bal - evidence the practice increases and sickens dozens. ance as Congress nears adjournment.

www.cqresearcher.com Dec. 17, 2010 1047 FOOD SAFETY

Contaminated Food’s Toll: Sickness, Agony and Maybe Death “A lot of survivors are faced with lifelong illness and other consequences.”

lexander Thomas Donley was 6 years old when he ate authority,” Donley says in an interview. “The public is absolutely a hamburger made from ground meat contaminated stunned any time that they learn the agencies don’t have it.” A with E.coli from cattle. He died after a four-day agony The consequences of food-borne illness remain largely un - that doctors were helpless to stop. known, Donley says. The public record bears out her obser - “Alex’s last words to me were, ‘Don’t worry Mommy,’ ” Nancy vation, even when victims don’t suffer Alexander’s fate. Donley wrote in a tribute to her only child. “His last act before Stephanie Smith, a young dance instructor in Cold Spring, slipping into a coma was to mouth a kiss to his father.” 1 Minn., ate a contaminated hamburger at a family meal in 2007. Alexander’s shattered parents, recalling their son’s concern She is now partially paralyzed from the waist down and suf - for others, asked that his organs be donated, only to learn fering cognitive impairment. Cargill Meat Solutions Corp., which that the bacteria had essentially destroyed his body’s internal produced the burger, settled a lawsuit for an undisclosed amount systems. “They had liquefied entire portions of his brain,” that will, her lawyer and the company said in a joint state - Donley wrote. ment, “provide for Ms. Smith’s care throughout her life.” The A real estate agent by profession, Donley became a food- meat company is a unit of Cargill Inc., a Minnesota-based safety activist, co-founding Safe Tables Our Priority, which played agribusiness and food multinational that is the largest privately a key role in the establishment of stricter meat-inspection regu - owned American corporation. 3 lations in 1996. The rules, adopted by the Clinton administra - Her future in dance is, of course, at best a work in progress. tion, require a Hazard Analysis and Critical Point (HACCP) sys - “She’s still wheelchair-bound,” attorney William Marler told The tem at all meat-processing sites. 2 Associated Press in May. “She’s making progress. She has been But the regulations don’t confer recall authority for meat. able to walk with braces and a walker. She’s continuing to And E.coli contamination of ground beef continues to loom work very, very hard at her rehabilitation for both her cogni - as a major problem. Proposed legislation now before Con - tive issues and her physical issues.” 4 gress would grant recall authority to the Food and Drug Ad - Carol Lobato, a 77-year-old grandmother from Littleton, Colo., ministration (FDA) for non-meat foods. The legislation would told a congressional hearing in September about her experi - also require HACCP monitoring at all non-meat farms and ences last July after she tasted a rattlesnake-cake appetizer made food-processing facilities — in effect, imposing by law a sys - with insufficiently cooked egg at a Morrison, Colo., restaurant tem that was established by regulation for meat. that specializes in wild game. The egg was later traced to two “It just makes sense for regulatory agencies to have recall Iowa farming operations — Wright County Egg and Hillandale

Continued from p. 1046 bers, households came to depend on As diet and eating habits changed, By 1995, the Institute of Medicine restaurant take-out fare for much of what food production became ever more in - reported that Americans ate, per capi - they consumed. In 1970, according to dustrialized, down to the farm level. ta, about 31 pounds more vegetables, the Institute of Medicine, 34 percent of From 1994 to 1995 alone, for instance, and 24 pounds more fresh fruit, than Americans’ food purchases were for meals the number of hog farms nationwide they had in 1970. During the same prepared elsewhere. By 1996, that had fell from 207,980 to 182,700, but the 1970-1995 period, consumption of chick - climbed to 46 percent, and by 2008 to number of hogs — about 58.2 million en per capita nearly doubled from 27 about 49 percent, worth $565 billion. head — didn’t change, and pork pro - to 50 pounds, while beef consumption At the same time, the growing Amer - duction increased. “Technological ad - per capita dropped from 79 to 64 pounds. ican appetite for fruits and vegetables, vances in disease control, genetics and One result was that contaminated chick - and for foods and ingredients from other management practices in the feeding ens, in which campylobacter and sal - countries, propelled a major expansion and raising of hogs,” was the reason, monella pose a constant threat, grew in food imports. In 1999-2009, vegetable an economist for the Federal Reserve into a bigger potential threat than in - imports increased from 4.6 million to Bank of Chicago reported in 1996. “Hog fected beef, which is susceptible to sal - 7.2 million metric tons, and fruit imports farmers today can produce the same monella and E.coli contamination. increased from 8.2 million to 9.9 mil - amount of pork as in 1980 — the peak Meanwhile, Americans were doing less lion metric tons, while fish and shell - year for per capita pork production — and less cooking. As women entered the fish imports went from 1.7 million to using less labor, less feed, and an in - non-home workplace in massive num - 2.3 million metric tons. 32 ventory of 20% fewer hogs. ” 33

1048 CQ Researcher n i v

Farms — later found to have been r if the new national health care law’s a G

highly contaminated by salmonella. prohibition against denying insurance n

By the next day, she had been rushed e coverage for preexisting conditions is B /

to the emergency room with chills, s upheld. e

vomiting and diarrhea. Her symptoms m “I don’t think we’ll ever get to per - i T worsened upon release, and she was fection — a totally risk-free food supply,” k r

hospitalized for another five days. o Donley says. Given that reality, she says, Y

Lobato’s husband and grandson had w consumers should support rigorous reg - e N

also tasted the dish but suffered only ulation and take their own food-handling e

mild illness. Unlike them, she takes h precautions seriously. “Most people think T medication for rheumatoid arthritis, Stephanie Smith, a young dance it’s just that someone has diarrhea and which weakened her immune system’s instructor from Minnesota, was partially then it’s done. But when things go wrong, defenses against bacterial infection. paralyzed after eating a contaminated they can go horribly wrong.” “I have lost my stamina,” Loba - hamburger produced by Cargill Meat — Peter Katel to told the House Energy and Com - Solutions Corp. merce Oversight and Investigations Subcommittee in Sep - tember. “I often experience indigestion, and it is difficult for 1 “Alexander Thomas,” Nancy Donley, 1999, www.safetables.org/victim_wall/ display.cfm?id=2. me to enjoy certain foods. I feel very tired and require rest 2 Rick Weiss, “President Orders Overhaul of Meat Safety Inspections,” The during the day. . . . My doctors told me that I almost cer - Washington Post , July 7, 1996, p. A1. tainly would have died without aggressive intervention.” 5 3 “Stephanie Smith and Cargill Meat Solutions Settle E. coli Lawsuit,” press Overall, Lobato testified, “the salmonella infection is not over release, May 12, 2010, www.marlerblog.com/legal-cases/stephanie-smith-and- cargill-meat-solutions-settle-e-coli-lawsuit; “Cargill Inc. Company Profile,” Yahoo! for me.” Finance, undated, http://biz.yahoo.com/ic/40/40079.html. That uncertain outcome would surprise many members of 4 Quoted in Steve Karnowski, “Stephanie Smith, Cargill Settle E. Coli Case the public, Donley says. “A lot of survivors are faced with life - After New York Times Story About Tainted Meat,” The Associated Press, May 12, 2010, www.huffingtonpost.com/2010/05/12/stephanie-smith-cargill- long illness and other consequences — arthritis, high blood s_n_574290.html. pressure, bad eyesight, reproductive problems,” she says. And 5 “House Energy and Commerce Subcommittee on Oversight and Investi - many of them have become uninsurable — which could change gations Holds Hearing on the 2010 Egg Recall and Salmonella Outbreak,” CQ Congressional Transcripts , Sept. 22, 2010.

Another effect of stepped-up indus - plant. The trucks previously had car - Cattle-raisers had been using one trialization was that the effects of a ried raw, unpasteurized liquid eggs. of the techniques at issue since the single contamination episode could These are easily contaminated by sal - 1950s, when they started feeding spread wide and fast. Experts point to monella, because the bacteria are found their livestock low doses of antibi - a 1994 event in which thousands of in chickens’ intestinal tracts and often otics. Curing or preventing disease people nationwide suffered salmonella migrate to shells. And if the unbroken wasn’t the point. The drugs were poisoning after eating ice cream pro - eggs aren’t sanitized, the bacteria eas - used to stimulate growth, though duced by Schwan’s Sales Enterprises, ily migrate to whites and yolks once scientists didn’t understand why a Marshall, Minn., company. In Minnesota the shells are shattered. 35 they had that effect. alone, the ice cream made an estimat - But scientists did recognize that bac - ed 32,000 people ill. The vast major - teria routinely exposed to antibiotics ity didn’t suffer symptoms severe Genes and Drugs would develop immunities to the drugs, enough to warrant medical attention. thereby defeating their purpose. As the But the Centers for Disease Control et another major change over - development of antibiotic-resistant bac - and Prevention reported at least 645 Y took the food industry starting in teria began growing into a global dan - serious cases in 28 states. 34 the 1970s. Consumer and small-farmer ger to humans during the final decades Investigation traced the salmonella advocates began sounding alarms over of the 20th century, the use of bacteria to tanker trucks that delivered ice cream biological engineering, especially on in animals bred for slaughter came mix to the company’s production animals being fed for slaughter. 36 under scrutiny.

www.cqresearcher.com Dec. 17, 2010 1049 FOOD SAFETY

In 1977, data showing that cattle- knowledged crisis in our food-safety borne bacteria were building antibiotic Small Fraction of Food system, the FDA is spending its re - immunities persuaded the FDA to pro - Imports Are Inspected sources and energy and political capital pose limiting antibiotics in animal on releasing a safety assessment for feed. But Congress intervened, under Only 1.5 percent of the more something that no one but a handful pressure from Farm Belt lawmakers as than 9.5 million non-meat food of companies wants,” Joseph Mendelson, well as pharmaceutical and livestock imports into the United States legal director of the Center for Food industry lobbies. were physically examined by Safety, an advocacy organization, told Nevertheless, the issue didn’t go away. Food and Drug Administration The Washington Post. 40 In 2004, the General Accounting Office, inspectors in 2009. now the Government Accountability Of - fice (GAO), Congress’ investigative agency, Non-Meat Food Outbreaks reported that data from a variety of sci - Inspections, 2009 entific sources showed that bacteria re - utbreaks of serious food-borne ill - sistant to certain antibiotics were ap - ness have cropped up repeated - Import Shipments O pearing in humans who had eaten meat ly over the past 20 years, though most from animals fed the relevant antibiotics. 9.5 million have attracted little attention. For ex - “Strains of antibiotic-resistant bacteria in - ample, the number of outbreaks with fecting humans were indistinguishable Import physical exams known origins ranged from 239 in 1990 from those found in animals, and the 146,200 to 258 in 1997 but the number of out - researchers concluded that the animals breaks whose origins weren’t determined were the source of the infection,” the Percent of shipments was higher for every year in that range, 37 GAO said. physically examined according to the U.S. Centers for Dis - The GAO researchers acknowledged 1.5% ease Control and Prevention (CDC). 41 that the magnitude of the problems In 2007, according to the CDC’s caused by drug-resistant bacteria trans - most recent analysis, 1,097 outbreaks ference was uncertain. And one study Source: “Appendix II: FDA Field were reported, with cause established Examinations,” Fiscal Years 2006 carried out in 1997-2001 concluded through 2009, Government Account - in 497 cases. The outbreaks killed a that no clear trend could be detected ability Office total of 18 people — five of whom of heightened antibiotic resistance of died from salmonella contamination, salmonella bacteria. Another study said was safe to eat. In 2003, the agency three from listeria, two from E.coli, that banning a specific antibiotic (vir - tentatively approved that meat for one from botulism, two from norovirus, giniamycin) in animals in the United human consumption. But an advisory one from mushroom toxin and four States would only lower the number panel formed by the agency led the from unknown contaminants. 42 of human deaths by less than one in FDA to withdraw that decision on the The first widespread deadly outbreak a five-year span. grounds that scientific evidence of of food-borne illness to attract national However, studies that found only safety was lacking. 38 attention occurred in 1993. Hamburgers minimal health risks from antibiotic use Then, after issuing another tenta - sold by the Jack in the Box fast-food were greatly outnumbered by studies tive approval in 2006, the FDA de - chain in the states of Washington, Idaho, concluding that antibiotics in animals cided in early 2008 to allow the sale California and Nevada were contami - pose a significant risk to humans. for human consumption of meat and nated with E.coli. Four children died The use of antibiotics is a relative - milk from cloned cows, pigs, goats and nearly 1,000 people were sickened, ly straightforward issue — if only by and their offspring. “Food from cattle, many requiring hospitalization. The Mar - contrast with the more complicated swine, and goat clones is as safe to ler Clark law firm in Seattle, which rep - question of genetic modifications and eat as that from their more conven - resented the biggest group of victims, cloning in food crops and animals. tionally bred counterparts,” the FDA reported that the restaurant firm paid As the new century opened, sci - said in a formal risk assessment. 39 more than $50 million in settlements. 43 entists at Texas A&M, the University Food from cloned animals wasn’t The outbreak led the Clinton adminis - of Connecticut and the University of expected to go on sale for some time, tration to adopt new meat-inspection Tennessee produced cloned cows. The but the decision prompted angry re - regulations, which required a HACCP FDA began studying whether meat actions from consumer advocates. “At plan in each processing plant. But the and milk from cloned farm animals a time when we have a readily ac - regulations were subject to interpretation

1050 CQ Researcher and did not en tirely mination of packaged prevent meat-borne sliced turkey killed outbreaks. eight people and sick - Three years later, ened at least 54. 49 an outbreak of in - In 2003, Pennsylvania testinal illnesses and CDC investigators traced to cyclospora traced the single biggest contamination in outbreak of hepatitis A in

Guatemalan raspber - n U.S. history to a Chi-Chi’s o s ries hit about 850 r restaurant in a Pittsburgh e t people in more than e suburb. Three people died P

20 states, as well as n and 565 were registered a i t s

in Ontario, Canada. i as ill after eating conta - r Later in 1996, more h minated scallions. 50 C / than 60 people in e Fresh, raw foods g a

Colorado and else - m were also the source of I

y where became ill and t two later, major contam - t e

one child died from G ination episodes. In 2004, E.coli in unpasteur - Four children died and nearly 1,000 people were sickened after eating Paramount Farms of Cal - ized apple juice. 44 hamburgers tainted with E.coli bacteria that were sold by the Jack in ifornia recalled more than In 1997, an out - the Box fast-food chain in four Western states. A law firm representing 13 million pounds of victims said the chain paid more than $50 million in settlements. break of hepatitis A raw almonds, found to that sickened hun - have been the source of dreds of public school students and teach - monella contamination of Mexican can - an outbreak of salmonella that hit at ers in Michigan, Maine and Wisconsin taloupes. In 2002, after finding sources least 25 people in six Midwestern and was traced to a 1.7 million-pound ship - of bacterial infection at many cantaloupe Western states. ment of Mexican strawberries. The pres - growing and packing operations in Mex - And in 2006, raw spinach grown at ident of a San Diego food broker plead - ico, the FDA suspended U.S. importa - Earthbound Farm in California’s San ed guilty to fraud for not disclosing tion of the fruit from Mexico. 47 Joaquin Valley and accidentally conta - where the strawberries had been grown, E.coli contamination in ground beef minated with cow droppings was iden - in an attempt to evade a requirement prompted major recalls in 2007. Topps tified as the source of an E.coli conta - that school lunch food be grown and Meat of New Jersey recalled 21.7 mil - mination in which three people, including processed in the United States. 45 lion pounds of frozen hamburger after a 2-year-old boy, died. At least 200 oth - U.S.-produced meat was the source a positive test for the pathogen. And ers fell seriously ill. While investigators of the deadliest outbreak of the 1990s. Cargill Meat Solutions pulled 845,000 hunted for the pathogen’s source, the In late 1998 and early 1999, listeria in pounds of ground beef after an out - FDA warned consumers not to eat fresh Ball Park brand hot dogs killed 21 break in which more than a dozen spinach sold in bags. 51 people and sickened at least 100 oth - people were sickened. The following ers. The victims were spread across year, the potential for an outbreak led 22 states. Government investigators then to the biggest beef recall in U.S. his - discovered that the USDA failed to tory — 143 million pounds — pulled CURRENT issue a press release announcing a re - from the market by the Westland/Hall - call of the franks after they had been mark Meat Co. of Chino, Calif. The identified as the cause of the first four move followed release of an under - SITUATION deaths. And the Bil Mar meat pro - cover video by the Humane Society of cessing plant — which produced the the United States showing plant work - hot dogs for Sara Lee Corp. — issued ers forcing sick cows — “downers” — Pending Legislation only a low-key recall announcement, to walk. Meat from some of them with no indication of the deadliness ended up in the food supply. 48 s the post-election “lame-duck” of the contamination. 46 That same year, a deadlier outbreak A congressional session winds up, In the early 2000s, two deaths and surfaced in New York and other the fate of comprehensive food-safety dozens of illnesses were traced to sal - Northeastern states, as listeria conta - legislation remains unclear.

www.cqresearcher.com Dec. 17, 2010 1051 FOOD SAFETY

One mechanism for correcting the How to Handle a Recalled Product problem — bringing the bill back to The Food and Drug Administration as well as Food Safety News the Senate to approve a fixed version regularly publish the names of recalled food products on their — seemed impractical. That move would require unanimous consent of the mem - websites (www.fda.gov/Safety/Recalls/ArchiveRecalls/2010/default.htm; bers, and Republican Sen. Coburn, a www.foodsafetynews.com/sections/food-recalls/). Consumers of a staunch opponent, was certain to deny recalled product should follow the guidelines specific to each recall. his approval. 55 This generally entails discarding the product and contacting the By early December, a Republican company for a refund. If the product has already been consumed, a cosponsor said the bill’s immediate physician should be visited immediately. prospects were dim. “I would imagine When recalls relate to product-dating codes, it is important to note with the hurdle they are up against, it that “best by” dates are dates recommended for best flavor or quality, probably is dead for this year,” Sen. Richard M. Burr, R-N.C., told CQ Today. and are not purchase or safety dates. Similarly, “sell by” dates refer Later, congressional staffers said that to how long the product should be displayed in stores. “Use by” dates chances of passage had improved. 56 are the last dates recommended for use of a product. In the new Congress the bill’s Although recalls such as those of Iowa eggs in August make prospects would be uncertain. In the headlines, many smaller recalls largely go unnoticed by the general House, the new Republican majority will public. Below are a few recent examples: include a contingent of Tea Party mem - bers, who generally oppose government • Dec. 8, 2010 — Mojave Foods Corp. recalls packages of walnuts regulation. And the mood in the Tea because of potential exposure to salmonella. Party grass roots is that the food-safety bill represents a government attack. • Dec. 6, 2010 — Bumble Bee recalls canned chicken salad to correct “The FDA will have such sweeping “best by” date on package. regulatory powers they will be able to • Nov. 17, 2010 — Cheese manufacturer Del Bueno recalls several back-door their way into repressive reg - varieties because of potential contamination by listeria bacteria. ulations of small farmers anytime they • Nov. 4, 2010 — Maryland Department of Health and Mental Hygiene please,” a Roanoke, Va., Tea Party group orders recall of Baugher’s apple cider amid investigation of E.coli declared on its website, urging sup - infections. porters to push their representative into • Oct. 22, 2010 — Nestl é USA recalls Raisinets, which may contain voting against the bill if it comes up undeclared peanuts. for a second vote. “Freedom affects all of us whether we grow organic veg - Sources: Food and Drug Administration; Food Safety News gies . . . or collect guns. When the gov - ernment seeks to violate your right to As recently as Nov. 30, politicians regulation. 53 “I don’t get it,” liberal blog - pursue happiness. . . . they effectively 57 and consumer advocates backing leg - ger Kevin Drum of the Mother Jones mag - destroy the fabric of this nation.” islation to expand the FDA’s powers azine website wrote hours after the vote. Those views are being promoted by were celebrating what seemed to be a “Is food safety genuinely different?” figures influential on the Tea Party right. decisive moment in attempts to over - But a problem popped up that very “How much money is this going to haul the food-safety system. “We ap - night. Democrats on the House Ways cost? And who pays for it in the end?,” plaud the U.S. Senate’s passage of his - and Means Committee noticed that one asked Fox News TV commentator toric bipartisan food-safety legislation,” section of the Senate bill lists a set of Glenn Beck on his radio show (a non- Erik D. Olson, director of the non - fees. In constitutional terms, these are Fox production that’s distributed by partisan Pew Health Group food pro - taxes. And the Constitution requires all Premiere Radio Network), speaking on grams, said following Senate passage tax measures to originate in the House. Nov. 19, when the Senate bill was of the bill on a 73-25 roll call vote. 52 “We expect the House to assert its being readied for passage. “It’s passed The fact that 15 Republicans joined 58 rights under the Constitution to be the on to the consumer. . . . You’re going Democrats seemed to signal a rare mo - place where revenue bills begin,” a Re - to do something that causes the price ment of cooperation between the parties, publican House staffer told Roll Call , a of food to go up even faster? What, especially on issues involving government Washington political newspaper. 54 Continued on p. 1054

1052 CQ Researcher At Issue:

Wouyes ld strengthening FDA regulatory authority improve food safety?

CHRIS WALDROP GREGORY CONKO DIRECTOR , F OOD POLICY INSTITUTE , SENIOR FELLOW , CONSUMER FEDERATION OF AMERICA COMPETITIVE ENTERPRISE INSTITUTE

WRITTEN FOR CQ RESEARCHER , DECEMBER 2010 WRITTEN FOR CQ RESEARCHER , DECEMBER 2010

egislation pending before Congress would modernize the onsumers would benefit from safer food, but expanding 100-year-old law that created the Food and Drug Adminis - the FDA’s authority is unlikely to help reach that goal. l tration, greatly empowering the FDA to improve the na - c Pending legislation would increase inspections, extend Haz - tion’s food safety. The most important and basic change to the ard Analysis and Critical Control Points (HACCP) rules to farms FDA’s authority would be a specific, statutory mandate to pre - and other food producers and give FDA authority to mandate re - vent food-borne illness rather than waiting to act until people calls. These would waste taxpayer money and put huge burdens become sick and die. This is a fundamental shift for the agency, on small and mid-sized producers, but not deliver safer food. and food experts say it is critical to improving food safety. More frequent inspections seem appealing, as current law First, food processors will be required to identify where only requires facilities to be inspected every 10 years. But the contamination may occur in the food production process and new law would merely require inspections for most producers take steps to prevent it. This will help reduce the chance that every five years, and every three years for high-risk facilities. food is contaminated before it leaves the plant. Second, the But even with more frequent visits, inspectors would still be FDA will be required to implement science-based minimum thwarted by a practical inability to find microbial pathogens. standards for the safe production of fresh fruits and vegetables. Inspectors can examine whether facilities appear clean and FDA has nevyer before issued such mansdatory standards, despite check the prodnucer’s records of ro isk-reduction efforts. But a series of nationwide outbreaks linked to leafy greens, green records are only as good as the record keeper, and a facility onions, sprouts, peppers and other fresh produce. that looks clean can still harbor pathogens. It’s worth remem - Third, FDA will have greater authority to assure imported bering that slaughterhouses must have a USDA inspector on food meets the same safety standards as domestically pro - the premises every day they operate, but meat and poultry duced food. Americans consume an increasing amount of im - still account for about half of all food-borne illnesses. ported food, yet FDA inspects less than 1 percent of imported In theory, expanding HACCP could generate improvements. food and has limited reach beyond the border. The new au - That program currently requires meat, poultry and seafood thority will allow FDA to hold importers accountable for veri - producers to identify points in their production streams where fying that imported food meets safety standards and to devel - pathogens or other hazards may enter the system and take op systems for assuring food is produced safely overseas. steps to make those processes safer. At the margin, it proba - These new standards will be accompanied by greater over - bly has resulted in modest improvements in those industries. sight of food processing facilities through increased frequency As envisioned, the concept lets producers tailor efforts to of inspections. Previously, FDA had no mandate for inspec - their individual circumstances. As implemented by regulators, tions and only inspected food facilities on average once however, HACCP sets costly, rigid and out-of-date requirements every 10 years, hardly sufficient to deter bad actors. that disincentivize firms from adopting innovative processes Finally, FDA will be granted authority to develop a food- that could deliver genuine safety improvements. traceability system and mandate a recall of contaminated food, Finally, granting FDA the power to order recalls is a solu - which will improve the government’s ability to respond to a tion in search of a problem. Supporters would be hard- problem and reduce the time it takes to remove contaminated pressed to identify a single case in which producers refused food from the market. The necessity of mandatory recall au - to honor a recall request based on evidence that a product thority became clear when, during the 2009 salmonella out - was actually or likely to be tainted. But with public and break linked to peanut butter products caused 714 illnesses media pressure for authorities to “do something” any time and nine deaths, Westco Fruit and Nut Co. refused FDA’s re - there is a food-borne illness outbreak, an FDA with quest that it recall suspect peanut products. unchecked power could be expected to order recalls on Food contaminated with deadly pathogens is the very countless products that are perfectly safe, with negative im - essence of a market failure, as consumers cannot determine pacts on prices and consumer choice. for themselves whether food is contaminated. Providing FDA Increasing FDA’s authority would waste taxpayer money on with enhanced food-safety authority will help reduce the tens activities unlikely to improve safety, while driving many small of millions of illnesses and thousands of deaths that occur and medium-sized producers out of the market and raising each yno ear as a result of food-borne illness. the cost of the food we eat. www.cqresearcher.com Dec. 17, 2010 1053 FOOD SAFETY

Continued from p. 1052 The salmon that AquaBounty devel - a label on it, we’re implying it’s some - are you out of your mind? No, no. oped contains a gene from the ocean how risky and that’s like government- This is what Stalin did.” 58 pout, a species found both in inshore imposed false advertising.” 67 Besides, Beck said, “Show me the and offshore waters, and a growth hor - Indeed, the Biotechnology Industry country that has a safer food supply mone from a Chinook salmon. In com - Association said in a statement that be - than us, can you, please?” 59 bination, they stimulate growth to full size cause AquAdvantage salmon “are nutri - A rival TV-radio host, liberal Ed in about 700 days from first feeding, ver - tionally and biologically the same as any Schultz, later responded on MSNBC: sus about 850 days in unmodified salmon, other Atlantic salmon . . . there is no rea - “Everything goes back to Stalin with according to the company. 62 son for it to be labeled as different.” 68 this guy. . . . Let’s talk about the 5,000 If the company gets FDA approval But some food-safety specialists Americans who die each year from to begin raising the fish, they would argue that shoppers are entitled to be food illnesses.” be cultivated at two inland fish farms, informed. “The public wants to know,” Legal judgments and settlements in in Panama and Canada. Further ex - said food expert Nestle at New York death and illness cases, Schultz argued, pansion would require additional FDA University, “and the public has a right are the real food-price inflators. “Let’s approval. 63 to know.” 69 talk about the billions of dollars Amer - Begich and Young made their moves ican farmers and manufacturers lose in amid indications from the FDA that it cases of tainted eggs or spinach or would approve the AquaBounty salmon. meat,” Schultz said. “You don’t think The agency’s veterinary medicine advi - 60 OUTLOOK that leads to higher prices, do you?” sory committee gave preliminary ap - proval in September: “The food from AquAdvantage salmon . . . is as safe as Engineered Salmon food from conventional Atlantic salmon, Down to the Wire and . . . there is a reasonable certain - s the FDA weighs approval to sell ty of no harm from the consumption or many food-safety experts and A genetically modified salmon, op - of food from this animal.” 64 F advocates, the near future depends position is rising among environmen - Opponents are not pointing to hard on events in the closing weeks of talists, food-safety advocates and some evidence of potential harm to people 2010. Some supporters of the food- politicians. Democratic Sen. Mark Be - who eat modified salmon. But some safety bill pending in Congress argue gich and Republican Rep. Don Young, critics are raising environmental ob - that if it doesn’t get enacted this year, both of Alaska, have introduced bills to jections to the salmon proposal. Adding its prospects are poor. bar the FDA from giving final approval to the world salmon stock would in - “2010 is almost over, and realisti - to a recently developed breed of salmon crease demand for the wild fish on cally 2011 is shaping up to be the that has been genetically engineered by which salmon feed, Martin Smith, a most politically contentious year since a Waltham, Mass., firm, AquaBounty. professor of environmental economics Obama took office,” food-safety lawyer As a fallback, the lawmakers — from at Duke University, told Canada’s CBC Marler wrote on the liberal Huffing - a state whose coastal waters are rich News in early December. “If you in - ton Post website. “For any legislation, in naturally spawned salmon — are crease demand . . . you can exacer - that means more roadblocks and more demanding that the FDA require the bate problems with overfishing in some politics. Translation, ‘Anyone who be - altered salmon to be labeled as ge - places,” he said. 65 lieves this bill will pass if it is intro - netically modified. Present FDA rules wouldn’t require duced during the next congressional “Our main objective is to stop the the modified salmon to be labeled as session is in ‘La-La Land.’ ” 70 FDA from ever approving this science such. But the agency said it would For Marler and others, the legisla - project that will potentially harm wild consider requests to require that con - tion would mark a fundamental Alaska salmon, while posing human and sumers be informed. 66 change in food-safety oversight. “It other environmental health risks,” Begich “One side of the argument says let’s would put the FDA in a proactive said in a press release. “But, at the very give consumers sovereignty over their stance,” said Ami V. Gadhia, policy least, any type of genetically engineered food choices,” said William K. Hallman, counsel at Consumers Union, a long - fish has to have a label. If the FDA de - director of the Food Policy Institute at time New York-based advocacy and cides this is safe for human consump - Rutgers University in New Jersey. “The research organization. Like others on tion, it should be clear to the public other says we’ve done the science on her side of the debate, Gadhia would what’s in and not in the package.” 61 this and it’s no different, so if we put eventually like to see creation of one

1054 CQ Researcher agency to regulate the safety of all growing cotton. As they’re adopting campylobacter jejuni. Elaine Scallan, et al. , food, ending the division between FDA these plants, they’re seeing firsthand “Foodborne Illness Acquired in the United and USDA jurisdiction. “I see that as that they’re not the agents of calamity States — Major Pathogens,” and Elaine Scallan, something that is still off in the distance that the “green” activists have been et al. , “Foodborne Illness Acquired in the Unit - as a policy goal,” she adds. saying.” Still, Conko concedes, “Con - ed States — Unspecified Agents,” Emerging In - fectious Diseases , January 2011, cdc.gov/eid . Regulation opponents are hoping sumer acceptance is a big hurdle.” 9 “Dr. Coburn Says Food Safety Bill Won’t that the 2010 food-safety legislation Others in the food-policy world re - Make Food Safer,” press release, Sen. Tom dies, a development that they argue main focused on food-borne illness and Coburn Web site, Nov. 30, 2010, http://coburn. would be important in setting the how to prevent it. Doyle of the Uni - senate.gov/public/index.cfm/pressreleases?Con stage for a growth in local agriculture. versity of Georgia’s Center for Food tentRecord_id=1198e228-79c8-4f29-a958-d7fc In their view, small farms would thrive Safety notes that information-gathering 90de977e . if the proposed new regulatory sys - on outbreaks and their causes has im - 10 Ibid. , pp. 8-10; Lisa Shames, “FDA Could tem isn’t put in place. “The trend is proved as reflected in the latest food- Strengthen Oversight of Imported Food by toward local food,” says Kennedy of borne disease estimates. CDC uses state Improving Enforcement and Seeking Addi - the Farm-to-Consumer Legal Defense and local health departments as “sen - tional Authorities,” Government Accountabil - Fund. “Unless there’s some type of tinels” to track outbreaks as soon they ity Office, May 6, 2010, p. 13, www.gao.gov/ new.items/d10699t.pdf . government overregulation or if an surface. “The surveillance system has 11 Marla Cone, “Stalking a killer in our agency like FDA expands on its power, gotten incredibly better over the last greens,” Los Angeles Times , Aug. 13, 2007, p. that trend isn’t going to change.” three to five years,” Doyle says, “and it’s A1; David Brown, “E. Coli Blamed on Spinach,” If that trend were to continue, going to get even better, because the The Washington Post , Sept. 15, 2006, p. A4; Kennedy argues, it would generate CDC has invested in five new sentinel David Barboza and Alexei Barrionuevo, “Filler enormous economic and demograph - sites that will be using even better sur - in Animal Feed is Open Secret in China,” The ic changes. “Government policies over veillance and investigation protocols.” New York Times , April 30, 2007, www.nytimes. the years have hurt the small farmer Though estimates of disease inci - com/2007/04/30/business/worldbusiness/30food. and led to at least some of the pop - dence have gone down, Doyle says, html ; Fred Gale and Jean C. Buzby, “Imports ulation migration into the cities,” he “that’s not necessarily because we’re From China and Food Safety Issues,” Economic says. “Strengthening local agriculture getting better, but because we’ll have Research Service, U.S. Department of Agriculture, July, 2009, www.ers.usda.gov/Publications/EI would remake the country.” greater precision for estimating.” B52/EIB52_ReportSummary.pdf . For background, Kennedy and other local-food ad - see Peter Katel, “Consumer Safety,” CQ Researcher , vocates tend to oppose genetic mod - Oct. 12, 2007, pp. 841-864. ification and other forms of food bio- Notes 12 Clark Kauffman, “Supreme Court gives De - engineering, putting them in the same Coster partial win,” Des Moines Register , April 26, camp with some advocates of stepped- 1 “Inspectional Observations,” U.S. Food and 2001, p. B6. up government regulation. Drug Administration, Aug. 12-Aug. 30, 2010, 13 Ibid. Bioengineering advocates are un - www.fda.gov/downloads/AboutFDA/Centers 14 Adjoa Adolfo and Melissa Attias, “S 510,” sure if public opinion will shift in Offices/ORA/ORAElectronicReadingRoom/UCM CQ bill Analysis, Nov. 25, 2009; Lyndsey Layton, their favor. “Ten years ago I thought 224399.pdf . “Food safety bill,” (sidebar), The Washington Post , 2 Ibid. for sure, after 10 years of positive ex - Nov. 1, 2010, p. A11. 3 “House Energy and Commerce Subcom - 15 Ibid. amples with biotech crops, that pub - mittee on Oversight and Investigations Holds 16 “S. 510,” U.S. Senate, March 3, 2009, p. 74, lic reluctance would ease,” says Hearing on the 2010 Egg Recall and Salmo - http://frwebgate.access.gpo.gov/cgi-bin/getdoc. Conko of the Competitive Enterprise nella Outbreak,” CQ Congressional Transcripts , cgi?dbname=111_cong_bills&docid=f:s510is.txt. Institute. “But the general public is Sept. 22, 2010. pdf . not even aware of biotech. And on 4 Quoted in Philip Brasher, “Egg recall: DeCoster 17 David Barboza and Alexei Barrionuevo, the level of politically active advo - defense says it’s complicated,” Des Moines op. cit. cates, it is a big enough issue, and I Register , Sept. 23, 2010. 18 Abigail Goldman and Don Lee, “Reported think one that is resistant to rational 5 Michael Moss, “Peanut Case Shows Holes pet deaths at 8,500, FDA says,” Los Angeles discussion.” in Food Safety Net,” The New York Times , Times , May 4, 2007, p. C3; a later correction Nevertheless, “There are now about Feb. 9, 2009, p. A1. by the Associated Press put the number of 6 “House Energy and Commerce Subcom - 25 countries growing biotech crops; deaths at 4,000. Also see Sharon LaFraniere, mittee,” op. cit. “2 Executed in China For Selling Tainted Milk,” 10 years ago it was about 10 coun - 7 Ibid. The New York Times , Nov. 25, 2009, p. A10. tries,” Conko says. “These tend to be 8 The three are E.coli 0157:H7; listeria mono - 19 Rick Weiss, “Tainted Chinese Imports Com - lesser-developed countries primarily cytogenes, cyclospora cayetanensis; and mon,” The Washington Post , May 20, 2007, p. A1.

www.cqresearcher.com Dec. 17, 2010 1055 FOOD SAFETY

20 Laurel Adams, “FDA Overseas Offices 28 Except where otherwise indicated, this sub - neapolis), Nov. 19, 1994, p. A1; “Salmonella Struggle to Meet Growing Import Demands,” section is drawn from Stephen Mihm, “A na - Victims Settle With Ice Cream Maker,” The Center for Public Integrity, Oct. 26, 2010, tion of outlaws,” Boston Globe , Aug. 26, 2007, Associated Press, Nov. 18, 1994; Barnaby J. www.publicintegrity.org/daily_watchdog/entry www.boston.com/news/globe/ideas/articles/ Feder, “Obscure Company Gains Unwelcome /2576 /; Lisa Shames, op. cit. , p. 1. 2007/08/26/a_nation_of_outlaws /; Marion Nestle, Prominence,” The New York Times , Nov. 23, 1994, 21 “Food Manufacturing NAICS 311,” U.S. De - Safe Food: The Politics of Food Safety (2010). p. A26; Thomas W. Hennessy M.D., et al. , “A partment of Commerce, February 2010, “Significant Dates in U.S. Food and Drug Law National Outbreak of Salmonella En teritidis In - www.ita.doc.gov/td/ocg/outlook10_food.pdf . History,” U.S. Food and Drug Administration, fections From Ice Cream,” New England Jour - 22 “Genetically Modified Foods —“Experts updated Oct. 14, 2010, www.fda.gov/About nal of Medicine , May 16, 1996, www.nejm.org/ View Regimen of Safety Tests as Adequate FDA/WhatWeDo/History/Milestones/ucm1283 doi/full/10.1056/NEJM199605163342001#t= but FDA Evaluation Process Could Be En - 05.htm ; John P. Swann, “About FDA,” U.S. Food articleBackground . hanced,” General Accounting Office [now and Drug Administration, updated June 18, 2009, 35 Ibid. Government Accountability Office], May www.fda.gov/AboutFDA/WhatWeDo/History/ 36 Unless otherwise indicated, this subsection 2002, p. 4, www.gao.gov/new.items/d02566. Origin/ucm124403.htm . is drawn from Nestle, op. cit. ; Rick Weiss, pdf . 29 Quoted in Nestle, op. cit. , p. 51. “FDA Rules Override Warnings About Drug,” 23 Rick Weiss, “U.S. Uneasy About Biotech 30 Nestle, op. cit. , p. 52. The Washington Post , March 4, 2007, www. Food,” The Washington Post, Dec. 7, 2006, 31 Unless otherwise indicated, material from washingtonpost.com/wp-dyn/content/article/ p. A16; “Genetically Modified Foods . . . ,” this subsection is drawn from Ensuring Safe 2007/03/03/AR2007030301311.html ; “Antibiotic ibid. , pp. 4-7. Food: From Production to Consumption (1998), Resistance: Federal Agencies Need to Better 24 April Fulton, “Senate Lurches Ahead on Institute of Medicine, pp. 51-62, www.nap.edu/ Focus Efforts to Address Risk to Humans from Food Safety Bill, But Hurdles Remain,” Shots openbook.php?record_id=6163&page=51 ; and Antibiotic Use in Animals,” General Accounting (blog), NPR, Nov. 18, 2010, www.npr.org/blogs/ Robert B. Wallace and Maria Oria, eds., En - Office, April, 2004, www.gao.gov/new.items/ health/2010/11/18/131407187/senate-lurches- hancing Food Safety: The Role of the Food and d04490.pdf . ahead-on-food-safety-bill-but-hurdles-remain ; Drug Administration (2010), Institute of Medi - 37 “Antibiotic Resistance,” op. cit. , p. 17. “Draft Assessment of Bisphenol A For Use cine and National Research Council, pp. 35-72 , 38 “Scientists use simpler method to create in Food Contact Applications,” FDA, Aug. 14, http://books.nap.edu/openbook.php?record_ third U.S. cloned cow,” Florida Times-Union , 2008, pp. 2-3, www.fda.gov/ohrms/dockets/ id=12892&page=35 . Aug. 30, 2000, p. A6; Andrew Pollack and AC/08/briefing/2008-0038b1_01_02_FDA%20 32 “U.S. Food Imports,” U.S. Department of Andrew Martin, “F.D.A. Tentatively Declares BPA%20Draft%20Assessment.pdf . Agriculture, Economic Research Service, updat - Food From Cloned Animals to Be Safe,” The 25 Feinstein quoted in Fulton, ibid. ; Lyndsey ed April 21, 2010, www.ers.usda.gov/Data/food Washington Post , Dec. 29, 2006, p. A1. Layton, “Food safety bill’s ban on BPA re - imports . 39 Quoted in Rick Weiss, “FDA Says Clones sisted,” The Washington Post , April 26, 2010, 33 Gary L. Benjamin, “Industrialization in Hog Are Safe for Food,” The Washington Post , Jan. 15, www.washingtonpost.com/wp-dyn/content/ Production: Implications for Midwest Agri - 2008, p. A1. article/2010/04/25/AR2010042503408.html . culture,” Federal Reserve Bank of Chicago, 40 Quoted in ibid. 26 Quoted in Layton, ibid. March 8, 1996, www.chicagofed.org/digital_ 41 “Annual Listing of Foodborne Disease Out - 27 Jane Black, “Ice cream maker to adjust la - assets/others/events/1996/changing_rural_econo breaks, United States, 1990-1997,” in “Outbreak beling,” The Washington Post , Sept. 28, 2010, my/1996_changing_rural_economy_of_the_mid Surveillance Data,” Centers for Disease Control p. A22; Steve Connor, “Bovine growth hor - west_benjamin.pdf . and Prevention, Updated Sept. 19, 2010, www. mone ‘could cut CO2 emissions,” The Inde - 34 Tony Kennedy, “Schwan’s paying customers cdc.gov/outbreaknet/surveillance_data.html . pendent (U.K.), July 1, 2008, p. 4. who agree not to sue,” Star Tribune (Min - 42 “Surveillance for Foodborne Disease Out - breaks — United States, 2007,” U.S. Centers for Disease Control, Aug. 13, 2010, www.cdc.gov/ About the Author mmwr/preview/mmwrhtml/mm5931a1.htm?s_ cid =mm5931a1_w . Peter Katel is a CQ Researcher staff writer who previ - 43 “Jack in the Box E.coli Outbreak — Western ously reported on Haiti and Latin America for Time and States,” Marler Clark attorneys, undated, www. Newsweek and covered the Southwest for newspapers in marlerclark.com/case_news/view/jack-in-the- New Mexico. He has received several journalism awards, box-e-coli-outbreak-western-states ; Daniel P. including the Bartolomé Mitre Award for coverage of drug Puzo, “On the Hamburger Trail,” Los Angeles trafficking, from the Inter-American Press Association. He Times , Sept. 22, 1994, p. H1. Rick Weiss, “Pres - holds an A.B. in university studies from the University of ident Orders Overhaul Of Meat Safety In - New Mexico. His recent reports include “New Strategy in spections,” The Washington Post , July 7, 1996, Iraq,” “Rise in Counterinsurgency” and “Caring for Veter ans.” p. A1; Michael Moss, “The Burger That Shat - tered Her Life,” The New York Times , Oct. 3, 2009, A1.

1056 CQ Researcher 44 “Guatemalan Raspberries Cited By CDC in Spring Illness,” The Washington Post , July 19, 1996, p. A4; Tom Lowry, “Tainted food trend FOR MORE INFORMATION poses alarming problem,” USA Today , Aug. 11, American Meat Institute , 1150 Connecticut Ave., N.W., Washington, DC 20036 ; 1997, p. 4B. (202) 587-4200 ; www.meatami.com . Represents major meat-processing companies 45 Tony Perry, “Food Firm Pleads Guilty to to Congress and regulators, and helps industry stay abreast of regulatory and sci - Fraud,” Los Angeles Times , Nov. 14, 1997, p. A3. entific developments. 46 Peter Perl, “Poisoned Package,” The Wash - ington Post Magazine , Jan. 16, 2000, p. W8. Consumers Union , 101 Truman Ave., Yonkers, NY 10703 ; (914) 378-2000 ; 47 “U.S. Halts Imports of Mexican Canteloupes,” www.consumersunion.org/food.html . Advocacy organization favors more effective Reuters ( Los Angeles Times ), Oct. 29, 2002, regulation of food safety. Business Section, p. 3. 48 Victoria Kim and Mitchell Landsberg, “Huge Farm-to-Consumer Legal Defense Fund , 8116 Arlington Blvd., #263, Falls beef recall issued,” Los Angeles Times , Feb. 18, Church, VA 22042 ; (703) 208-3276 ; www.farmtoconsumer.org . Opposes what it 2008; Andrew Martin, “Stopping Deadly Bacte - calls unjust and burdensome regulation of small farmers, especially producers of ria,” The New York Times , Dec. 6, 2008, p. C1. raw milk and other unprocessed foods. 49 “USDA Investigates Deadly Outbreak of Listeria in Northeast,” Reuters ( Los Angeles Food Safety News , www.foodsafetynews.com . News website sponsored by Seattle Times ), Oct. 4, 2002, p. A36; “OutbreakNet, law firm Marler Clark LLP that covers nationwide food-safety developments, including Foodborne Outbreak Online Database,” U.S. product recalls. Centers for Disease Control, updated regularly, http://wwwn.cdc.gov/foodborneoutbreaks/ Grocery Manufacturers Association , 1350 I St., N.W., Washington, DC 20005 ; Default.aspx . (202) 639-5900 ; www.gmaonline.org . Food-industry trade association. 50 Sandra G. Boodman, “Raw Menace; Major Hepatitis A Outbreak Tied to Green Onions,” U.S. Centers for Disease Control and Prevention , 1600 Clifton Rd., Atlanta, GA The Washington Post , Nov. 25, 2003, p. F1; 30333 ; (888) 232-6348 ; www.cdc.gov/foodsafety . Government’s leading medical “OutbreakNet,” ibid. agency helps trace outbreaks of major food-borne illness to their sources and 51 Marla Cone, op. cit. ; David Brown, op. cit. maintains detailed statistics of outbreaks and causes. 52 “Pew: Historic U.S. Senate Food Safety Vote Will Greatly Improve Protections From Food - U.S. Department of Agriculture , Food Safety and Inspection Service, 1400 In - borne Illness,” Pew Health Group, Pew Char - dependence Ave., S.W., Washington, DC 20250 ; (888) 674-6854 ; www.fsis.usda.gov . Federal agency responsible for inspecting production and packaging of meat and itable Trusts, Nov. 30, 2010, www.pewtrusts. poultry, supplies data on policies, recalls and the science of pathogen detection. org/news_room_detail.aspx?id=61869 . 53 “Senate Vote 257 — To Overhaul of Food U.S. Food and Drug Administration , 10903 New Hampshire Ave., Silver Spring, Safety Regulations,” Inside Congress, The New MD 20903 ; (888) 463-6332 ; www.fda.gov/Food . Federal regulatory agency respon - York Times , Nov. 30, 2010, http://politics.ny sible for the safety of 80 percent of the food supply (not meat and poultry) and times.com/congress/votes/111/senate/2/257 . a source of information on disease prevention. 54 Quoted in John Stanton, “House May Block Food Safety Bill Over Senate Error,” Roll Call , Nov. 30, 2010, (subscription required), www.roll 61 “Begich Introduces Legislation to Stop terials/VeterinaryMedicineAdvisoryCommittee/ call.com/news/-201012-1.html . ‘Frankenfish,’ ” press release, Nov. 18, 2010, http:// UCM224762.pdf . 55 Ibid. begich.senate.gov/public/index.cfm?p=Press 65 Quoted in “Genetically Modified Fish Re - 56 Quoted in Ellyn Ferguson, “Objections to Releases&ContentRecord_id=41963cf7-1579- view Flawed: Economist,” States News Service, Food Safety Bill Could Prove Insurmountable 487a-8cbd-acbaec6950a7&ContentType_id= Dec. 2, 2010. in Lame-Duck,” CQ Today , Dec. 8, 2010, p. 14. ef710aa . 66 Lyndsey Layton, “FDA rules won’t require 57 “Protest is On against the ‘Food Police Act,’ ” 62 “Growth Curves (Growout),” AquaBounty, salmon labels,” The Washington Post , Sept. 19, Roanoke Tea Party, Dec. 8, 2010, www.roanoke undated, www.aquabounty.com/products/ 2010, p. A6. teaparty.com/tag/food-safety-bill /. products-295.aspx . 67 Quoted in ibid. 58 www.glennbeck.com/content/articles/arti 63 Paul Voosen, “Begich introduces bill to ban 68 “Genetically Engineered Salmon Need Not cle/198/48351 /. modified salmon,” Environment and Energy Be Labeled,” States News Service, Nov. 22, 2010. 59 Ibid. Daily , Nov. 19, 2010. 69 Quoted in Layton, op. cit. 60 “Ed Schultz on Beck’s ‘Psycho Talk’ about 64 “Briefing Packet,” Center for Veterinary Med - 70 William Marler, “Get Food Safety Done!,” food-safety bill,” The Ed Show, MSNBC, Dec 2, icine, U.S. Food and Drug Administration, Huffington Post , Dec. 2, 2010, www.huffing 2010, http://mediamatters.org/mmtv/20101202 Sept. 20, 2010, p. 62, www.fda.gov/downloads/ tonpost.com/william-marler/get-food-safety- 0042 . AdvisoryCommittees/CommitteesMeetingMa done-once_1_b_791302.html .

www.cqresearcher.com Dec. 17, 2010 1057 Bibliography Selected Sources

Books Konrad , Walecia , “In the Age of Recalls, Tips for a Pathogen-Free Kitchen,” The New York Times , Sept. 4, Miller , Henry I. , and Gregory Conko , The Frankenfood 2010 , p. B5 . Myth: How Protest and Politics Threaten the Biotech The Times reports on measures that the seriously safety- Revolution , Praeger , 2004 . conscious take — including washing possibly contaminated A scientist and a conservative policy advocate argue that kitchen surfaces with hydrogen peroxide. objections to genetically modified foods reflect fear and ig - norance of science. Layton , Lyndsey , “Salmonella-tainted eggs linked to U.S. gov - ernment’s failure to act,” The Washington Post , Dec. 11, Nestle , Marion , Safe Food: The Politics of Food Safety , 2010 , www.washingtonpost.com/wp-dyn/content/article/ University of California Press , 2010 edition . 2010/12/10/AR2010121007485_pf.html . A microbiologist with a long career in academia and nutrition A food-policy specialist investigates a contaminated-egg episode. policy analyzes the major issues affecting food safety. Moss , Michael , “The Burger That Shattered Her Life,” Wallace , Robert B. , and Maria Oria , eds., Enhancing The New York Times , Oct. 3, 2009 , www.nytimes.com/2009/ Food Safety: The Role of the Food and Drug Adminis - 10/04/health/04meat.html . tration , National Academies Press , 2010 . In one of the most hard-hitting and influential food-contamination The non-governmental Institute of Medicine examines the stories of recent years, a Times correspondent traces failures in workings of the FDA and proposes improvements. ground-meat processing to the outbreak that left a young dance instructor unable to walk. Articles Reports and Studies Harris , Gardiner , and William Neuman , “Salmonella Found in ’08 At Egg Farm,” The New York Times , Sept. 15, 2010 , “Agencies Need to Address Gaps in Enforcement and p. B1 . Collaboration to Enhance Safety of Imported Food,” Gov - Signs of health hazards that led to this year’s egg recall ernment Accountability Office , September 2009 , www.gao. were evident two years ago, an account by two specialist gov/new.items/d09873.pdf . reporters makes clear. Major deficiencies exist in the government program to in - spect imports for contaminants and other dangers, Congress’ Hughlett , Mike , “The Fight To Keep Your Burger Safe From nonpartisan investigative arm reports. E. Coli,” Minneapolis Star Tribune , Sept. 12, 2010 , p. A1 . In a long and detailed account from the floor of a Colorado Becker , Geoffrey S. , “The Federal Food-Safety System: A slaughterhouse, a correspondent reports on efforts to keep Primer,” Congressional Research Service , April 20, 2010 , pathogens out of ground beef. www.nationalaglawcenter.org/assets/crs/RS22600.pdf . A food-policy specialist for Congress’ nonpartisan research Neuman , William , “After Delays, Vaccine to Counter Bad arm provides an overview of a system that is far more intri - Beef Is Being Tested,” The New York Times , Dec. 3, 2009 , cate than the public may realize. www.nytimes.com/2009/12/04/business/04vaccine.html . A science correspondent reports on the technical and regula - Gurian-Sherman , Doug , “Failure to Yield: Evaluating the tory complications in the search for a cattle vaccine against E.coli. Performance of Genetically Engineered Crops,” Union of Concerned Scientists , April 2009 , www.ucsusa.org/assets/ Huffstutter , P. J. , “Raw-food raid highlights a hunger,” Los documents/food_and_agriculture/failure-to-yield.pdf . Angeles Times , http://articles.latimes.com/print/2010/ A staff scientist for a longstanding advocacy organization jul/25/business/la-fi-raw-food-raid-20100725 . concludes that genetically modified crops fail to live up to Believers in the benefits of raw milk and other unprocessed their billing as solutions to food scarcity, especially in de - foods are among opponents of increased FDA regulation. veloping countries.

Judd , Alan , “States to grade their own inspectors,” At - Johnson , Renée , “Food Safety in the 111th Congress: lanta Journal-Constitution , April 19, 2009 , p. A1 . H.R. 2749 and S. 510,” Congressional Research Service , Georgia state inspectors didn’t report violations that led to Oct. 7, 2010 , www.fas.org/sgp/crs/misc/R40443.pdf . a peanut-borne salmonella outbreak last year, but the fi - Similarities and differences in House and Senate food-safety nancially strapped FDA wants state inspectors to evaluate bills are analyzed in depth by a specialist for Congress’ non - their own work. partisan research office.

1058 CQ Researcher The Next Step: Additional Articles from Current Periodicals

Genetically Modified Food Eisler , Peter , “Egg Crisis Piques Interest in Bill,” USA Today , Aug. 25, 2010 , p. 5A . Bauers , Sandy , “Suit Seeks to Halt Engineered Crops at The outbreak of salmonella in eggs has energized efforts to Refuge,” The Philadelphia Inquirer , March 2, 2010 , p. B2 . enact legislation that could prevent or mitigate such problems. Several environmental and food-safety groups are seeking to stop the Bombay Hook National Wildlife Refuge in Delaware Lochhead , Carolyn , “Feinstein’s Call to Ban Chemical Riles from allowing farmers to plant genetically engineered crops Lobbies,” The San Francisco Chronicle , July 12, 2010 , p. A1 . on refuge land near a major waterfowl sanctuary. Food and chemical industries have promised to fight any food-safety bill that includes a provision to ban bisphenol A, Dininny , Shannon , “Researchers Asking U.S. to Approve a chemical widely used to line food cans. Apple That Won’t Turn Brown,” Detroit Free Press , Dec. 12, 2010 , p. E10 . O’Keefe , Ed , “Official Blows Whistle On Food-Safety Agency,” A Canadian biotechnology company has asked the United The Washington Post , March 5, 2010 , p. B3 . States to approve a genetically modified apple that won’t A Food Safety and Inspection Service veterinarian has told turn brown after it has been sliced. lawmakers that managers have repeatedly failed to heed his warnings concerning unsafe slaughterhouse practices. Obra , Joan , “Farmers Wrangle Over Organic Dairy Stan - dards,” Fresno (California) Bee , Feb. 23, 2010 . Recalls Farmers in favor of biotech crops are facing opposition from those who fear genetically modified organisms. Jalonick , Mary Clare , “Tainted Ingredient Sold After Sal - monella Found,” The Associated Press , March 10, 2010 . Imports A Las Vegas company continued to manufacture an ingre - dient after tests confirmed it was made using contaminated “Aussie Honeybees May Be Wiping Out U.S. Hives,” Salt equipment, according to an FDA report. Lake Tribune , June 19, 2010 . Disease-carrying honeybees imported from Australia may Mills , Steve , “Recalls Don’t Get All Tainted Groceries,” be responsible for a mysterious disorder that has infected Chicago Tribune , July 28, 2010 , p. A1 . beehives across the United States. Most food-recall warnings reach only a fraction of the con - sumers who may have already eaten the product. Belsie , Laurent , et al. , “How to Keep Our Global Menu Off the Recall List,” The Christian Science Monitor , Oct. 23, Willis , Elizabeth , “Recalls Aid Local Food Safety Efforts,” 2010 . Battle Creek (Michigan) Enquirer , Aug. 26, 2010 . As food imports flood into the United States, it may be The bureaucratic nature of food inspections has led to time to revamp the country’s regulations on food safety. many recalls that could have been prevented.

Olson , David , “Leave Chicharrones Snacks at Border,” CITING CQ RESEARCHER Press Enterprise (California), Jan. 19, 2010 , p. C4 . U.S. Customs and Border Protection has implemented new reg - Sample formats for citing these reports in a bibliography ulations that ban the importation of pork skins from most Mex - include the ones listed below. Preferred styles and formats ican states unless accompanied by an official declaration that vary, so please check with your instructor or professor. they were cooked in ways that eliminate the swine flu virus. MLA STYLE Sullivan , Bartholomew , “Stakes High in Catfish Fight,” Jost, Kenneth. “Rethinking the Death Penalty.” CQ Researcher Commercial Appeal (Tennessee), Oct. 31, 2010 , p. C1 . 16 Nov. 2001: 945-68. The Catfish Farmers of America says Vietnamese imports of catfish follow questionable food-safety standards. APA S TYLE Legislation Jost, K. (2001, November 16). Rethinking the death penalty. CQ Researcher, 11 , 945-968. Blumenthal , Les , “Food-Safety Bill Wins Senate OK,” Buffalo (New York) News , Dec. 1, 2010 , p. A5 . CHICAGO STYLE The U.S. Senate has passed a bill designed to give the Jost, Kenneth. “Rethinking the Death Penalty.” CQ Researcher , Food and Drug Administration new power to protect con - November 16, 2001, 945-968. sumers from unsafe food.

www.cqresearcher.com Dec. 17, 2010 1059 In-depth Reports on Issues in the News

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