Sludge Watch ==> Quieres Taco Bell? Muchos stories about Taco Bell food contamination

[Maureen Reilly]

Sludgewatch Admin:

My two favorite factoids from the Taco Bell stories today:

1.  The same spring onion supplier was involved in an outbreak in 2003 of 
hepatitis A
see: 
http://www.latimes.com/business/la-fi-tacobell8dec08,0,5275135.story?coll=la-home-headlines

Hmmm....must be sewage involved in that one, no?  I don't believe cow poo 
has hepatitis. Not even
the reigning favorite - wild pigs - carry hepatitis.  Only humans carry and 
transmit hep A.


and
2.  Half of all Americans have eaten at a Taco Bell once in the past month!

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Dirty little secret on our veggies
10.dec.06
Denver Post
Diane Carman
http://www.denverpost.com/news/ci_4809317
Columnist Carman writes that with dozens of people in six states stricken 
with E. coli food poisoning apparently from eating green onions at Taco 
Bell, and with three other cases of E. coli reported in Boulder County, she 
can't help but look at those scallions suspiciously.
Sue Jarrett, a small farmer in Wray was cited as saying the farm community 
is in a lather over this E. coli outbreak, especially coming so soon after 
the spinach debacle in September and that her best guess was that E. coli 
was getting on vegetables via waste from some big livestock operations 
contaminating the water.
Jarrett was further cited as saying that sprawling dairy farms are using 
flushing systems to clear manure, and the water can run off into streams or 
nearby fields, carrying bacteria with it, adding, "I've never tied 0157 to 
dairy cattle so much as beef, but dairy operations are changing a lot, so 
who knows?"
Marion Nestle, a molecular biologist who teaches nutrition, food science and 
public health at New York University and the author of "What to Eat," was 
cited as saying that what's happened with spinach and green onions was no 
surprise to anyone familiar with the food industry, adding, "It was a 
disaster waiting to happen."
Nestle was further cited as saying that dairy farms have moved into 
California's central valley in a big way, and the cows are being fed grain 
and soybeans instead of grass, adding, "That promotes the growth of bad 
bacteria," including E. coli O157.
Nestle said the tremendous financial losses after two recent outbreaks of 
food poisoning surely will provide incentives for cleaning up the process, 
she said, but in the meantime, buy local as much as possible to avoid the 
industrial farm processing and wash all produce thoroughly.



***It's the coli of money - $100m+ in taco suits***
10.dec.06
marlerblog.com
Leela de Kretser of the New York Post, a paper not known for subtle 
headlines, observed that "droves of Taco Bell customers sickened allegedly 
in the E. coli outbreak have rushed to sue, leading lawyers to predict green 
onions could cost the company hundreds of millions of dollars. As I said in 
part to her:
"In many respects, it looks exactly like the spinach outbreak that happened 
in September," said lawyer William Marler, adding that he represents 20 
(actually nearly 100) victims of the outbreak.
Marler, who has handled E. coli cases for nearly 15 years, said he 
represented (over 100) clients who sued another Mexican restaurant chain, 
Chi-Chi's, in 2003 after contracting the bacteria from green onions. "This 
is a lot like déjà vu," said Marler, who said Chi-Chi's used the same 
supplier as Taco Bell.
The lawyer said mandatory testing of fresh produce for E. coli could 
eliminate such outbreaks. He noted that tests ordered by the U.S. Department 
of Agriculture had virtually eliminated E. coli in hamburger beef.
More important than lawsuits, the Post points to the growing number of ill 
people, some with serious complications - "authorities reported at least 221 
cases in New York state and at least 58 in New Jersey." There are also cases 
reported in at least four other States.
A lawsuit can do two things well, it can compensate victims based upon the 
severity of their injury and it can focus an industry's attention by holding 
its feet to the fire. However, as I point out in by op-ed and post below, it 
takes more than lawsuits to make the changes necessary to protect the public 
and tho protect the industry from itself - again.




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Green onion op-ed
09.dec.06
Marler Clark
Bill Marler
http://www.marlerblog.com/2006/12/articles/lawyer-oped/green-onion-oped/index.html
In an opinion piece this morning entitled "Sickened by Fresh Produce" the 
Editorial Page of the New York Times has weighed into the produce fields and 
found them contaminated too often with E. coli O157:H7.
"The expanding outbreak of E. coli poisonings in New York, New Jersey and 
several other states underscores the need for more rigorous regulation of 
the whole supply chain for fresh produce, from the growing fields to the 
customer. It is outrageous that fresh vegetables, typically deemed a vital 
component of a healthy diet, have become a menace because of contamination 
in their handling..
What's troubling is the recurrence of such outbreaks in recent years. 
Contaminated meat used to be deemed the big threat, but strict regulation 
and strong industrial efforts have reduced that risk considerably."
The Times editorial writer is correct. E. coli in meat is down and down 
substantially. A recent report (2005) released by the CDC, in collaboration 
with the FDA and USDA showed important declines in foodborne infections due 
to common bacterial pathogens in 2004. From 1996-2004, the incidence of E. 
coli O157:H7 infections decreased 42 percent.
In my law practice I have seen these statistics in action. From the Jack in 
the Box outbreak of 1993 until the 19 million pounds of hamburger recalled 
by ConAgra in 2002, nearly 100 percent of my clients, mostly kids who had 
suffered or died from an E. coli illness, had contracted E. coli infections 
from eating hamburger. E. coli cases tied to hamburger still do exist, but 
most of the E. coli cases we see now have been tied to consumption of fresh 
vegetables such as sprouts, spinach, lettuce, parsley, and now green onions. 
I guess the meat industry took my challenge in 2002 when I argued on the 
editorial page of the Denver Post to "Put me out of business - Please."
Although I would like to think that the nearly $250 million I have taken 
from the food industry has changed behavior, I do not think that is entirely 
accurate or fair. In thinking about why the meat industry has been 
successful in poisoning consumers less and getting sued by me less I 
recalled an article entitled "The Bug That Ate The Burger - E. coli's 
Twisted Tale of Science in the Courtroom and Politics in the Lab" by Emily 
Green of the Los Angles Times from June 2001.
What we need is Michael Taylor, who was head of USDA's Food Safety 
Inspection Services during and after the Jack in the Box outbreak in 1993, 
when 650 people were sickened and 4 children died. According to the Times 
article:
Taylor's first move was legal. Invited to speak at an American Meat 
Institute conference in San Francisco, he announced, "To clarify an 
important legal point, we consider raw ground beef that is contaminated with 
E. coli O157:H7 to be adulterated within the meaning of the Federal Meat 
Inspection Act." What the day before had been a naturally occurring 
bacterium now had outlaw status, the same as glass or rodent filth. It was a 
signal, says Taylor, that "things were going to be different and there was 
going to be accountability."
Taylor did not stop there.
Businesses that lagged behind were strong-armed by yet more Taylor 
legislation: mandatory implementation of HACCP (pronounced "hassip," Hazard 
Analysis Critical Control Point), a risk management system developed for 
NASA. In came carcass washes, citric acid treatments, steam pasteurization, 
air exchange systems and all manner of sterilizing treatments. All U.S. meat 
processors now either contract routine services of a lab or have an in-house 
microbiologist."
So, bring back Michael Taylor or, at a minimum, make it clearer that E. coli 
O157:H7 on fresh produce is an "adulterant" and that there is "zero 
tolerance" for this nasty bug to be on the produce that we consume. The 
produce industry must willingly or by regulation institute comprehensive 
HACCP to assure restaurants and consumers that produce is safe.
Lettuce, spinach, and green onions should not kill you. They should not 
cause kidney failure. The produce industry must do what the meat industry 
has done. Frankly, there have been too many produce outbreaks already. 
According to Bloomberg News the number of sick people may well be over 200. 
To the produce industry - don't let the "bug that ate the burger" eat your 
business. Protect yourself from yourself, clean up your act, stop poisoning 
your customers, and you too will "put me out of business - please."
Bill Marler is the managing partner in the law firm Marler Clark L.L.P., 
P.S. Since 1993, Mr. Marler has represented thousands of victims of E. coli, 
Salmonella, Hepatitis A, Listeria, Shigella, Campylobacter and Norovirus 
illnesses in over forty States.
Food poisoning lawsuits against companies responsible for introducing E. 
coli-contaminated food into our food supply have become the focus of Bill's 
professional career as an attorney. Bill's first client sickened by E. coli 
O157:H7 was nine-year-old Brianne Kiner, who fell ill after eating a 
contaminated hamburger during the now-infamous Jack in the Box E. coli 
outbreak in 1993. Bill negotiated a $15.6 million settlement for Brianne's 
injuries, a record in the State of Washington for personal injury cases. He 
resolved several other cases from the Jack in the Box E. coli outbreak for 
over $2.5 million each.
Bill, now known as the "E. coli lawyer," has since represented thousands of 
people sickened or killed in outbreaks of E. coli O157:H7 and other 
foodborne pathogens, including Salmonella, Hepatitis A, Shigella, 
Campylobacter, Norovirus, and Listeria. In 1998, he negotiated a reported 
$12 million settlement for the families of children who fell ill after 
drinking E. coli-contaminated apple juice sold by Odwalla; and in 2001, a 
jury awarded the families of eleven children Bill represented $4.6 million 
for the injuries they received during an E. coli outbreak traced to school 
lunch served at Finley Elementary School in Finley, Washington. He also 
resolved dozens of E. coli cases in 2003 related to one of the largest meat 
recalls in United States. Bill recently settled an E. coli case for a young 
girl for $11 million.
Bill is currently representing half of all victims from the recent spinach 
E. coli case and has represented hundreds of those injured after consuming 
contaminated produce over that last five years. He filed suit against Taco 
Bell yesterday in Pennsylvania Federal Court and has been contacted by over 
20 others sickened by E. coli in this most recent green onion outbreak.




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E. coli cases reveal flaws in U.S. oversight: FDA says budget cuts have led 
to fewer produce inspections
10.dec.06
Delaware Online
Luladey B. Tadesse
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20061210/BUSINESS/312100004/1003
Recent outbreaks of deadly E. coli in spinach and a strain that has sickened 
more than 100 at Taco Bells in six states has, according to this story, 
exposed a weakness in the government's oversight of the nation's farmers and 
distributors.
Ed Kee, vegetable extension specialist at the University of Delaware 
Cooperative Extension, was quoted as saying, "A lot of the chain stores have 
protocols that they ask the farmers to follow. But I don't think there is a 
routine inspection of E. coli on vegetable crops at all."
The story notes that while the outbreaks linked to produce have increased, 
the Food and Drug Administration's funding for inspectors has been cut, 
agency officials said Friday.
Since 2003, the number of field inspectors in the United States has dropped 
11.5 percent, from 2,217 to 1,962, according to the FDA's budget documents.
John Lord, professor and chair of the Food Marketing department at Saint 
Joseph's University in Philadelphia, was quoted as saying, "From a consumer 
point of view there is going to be a lot more skepticism about the safety 
and integrity of our food supply that the industry is going to have to 
figure out."
Last year, as part of the Produce Safety Action Plan, the FDA began 
providing technical assistance to the food industry by developing guidance 
on five commodities: cantaloupes, lettuce and leafy greens, tomatoes, green 
onions and herbs. These commodities account for more than 80 percent of the 
foodborne outbreaks associated with produce because they are eaten raw and 
without processing to reduce or eliminate pathogens.
In 1998, the FDA and U.S. Department of Agriculture issued what is commonly 
referred to as the "Good Agricultural Practices" guide aimed at helping 
farmers develop standard operating practices to minimize the exposure of 
their produce to unwanted microbes.
Some of these recommendations address how and when animal manure is used as 
a fertilizer on fruits and vegetables and the importance of farm worker 
hygiene. There are also guidelines for preparing the produce for 
transportation to major distributors.
The story goes on to say that FDA and other food experts are looking into 
possible regulations that could increase inspection and testing throughout 
the process, but failed to mention specific plans when asked last week. They 
are uncertain how much regulation and testing is needed, at what stage to 
test, and whether it will be effective.
Jeff LeJeune, assistant professor of the Food Animal Health Research Program 
at Ohio State University, was quoted as saying, "The last thing we need to 
do is make some regulations that are not based on science that say, 'You 
need to do A,B,C that will cost you $5,000 per shipment, but we don't know 
if it will do any good.'"
LeJeune and others also doubt whether more testing at the farm level makes 
sense.




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Experts on E. coli and food safety
08.dec.06
UC Davis
http://www.news.ucdavis.edu/search/news_detail.lasso?id=7975
In light of another outbreak of illnesses related to a serious strain of E. 
coli bacteria, the following UC Davis faculty members are available for 
comment on a variety of related topics.
POSTHARVEST FOOD SAFETY--Trevor Suslow is a Cooperate Extension plant 
pathologist in the UC Davis Department of Plant Sciences whose research 
focuses on the postharvest quality of perishable produce. He can discuss 
possible sources of E. coli contamination in fruits and vegetables, how the 
bacterial disease might be transmitted to consumers and what industry is 
doing to prevent microbial contamination of crops. Contact: Trevor Suslow, 
Plant Sciences, (530) 754-8313 or tvsuslow at ucdavis.edu.
TRACKING E. COLI--Rob Atwill is a specialist in waterborne infectious 
diseases in the UC Davis School of Veterinary Medicine. He is part of a team 
of UC and government scientists who are beginning to track the sources of E. 
coli O157:H7 in the Salinas Valley as part of a $1.2 million study funded by 
the U.S. Department of Agriculture, which was designed before the recent E. 
coli outbreak associated with spinach. Contact: Rob Atwill, School of 
Veterinary Medicine, (530) 754-2154, ratwill at ucdavis.edu.
E. COLI AND FOOD SAFETY--Linda Harris is a Cooperative Extension food 
microbiologist in the Department of Food Science and Technology, and 
associate director of the UC Davis-based Western Institute for Food Safety 
and Security. Her laboratory conducts research on the food-borne pathogens 
Salmonella, E. coli O157:H7, Shigella, Campylobacter and Listeria 
monocytogenes. She can discuss food-safety issues, especially those relating 
to the fruit, vegetable and nut industries, as well as consumer food-safety 
practices such as the best ways to wash fruits and vegetables. Contact: 
Linda Harris, Food Science and Technology, (530) 754-9485 or 757-5767, 
ljharris at ucdavis.edu.
SCIENCE AND POLICY OF FOOD SAFETY--Jerry Gillespie, director of the Western 
Institute for Food Safety and Security at UC Davis, is a veterinary 
pathologist with special expertise in the area of food animals and food 
safety. He can discuss policy issues related to the E. coli outbreak and how 
science, government and industry are working together to address food safety 
and food security challenges. Contact: Jerry Gillespie, Western Institute 
for Food Safety and Security, (530) 757-5757, jrgillespie at wifss.ucdavis.edu.
DISEASES TRANSMITTED VIA FOOD AND WATER--Dean Cliver is a professor of food 
safety in the UC Davis School of Veterinary Medicine and an expert on 
diseases that can be spread through food and water. He has served as an 
adviser to state and federal agencies on a variety of food-safety issues. He 
can discuss the science of microbial diseases and how illness caused by E. 
coli can be transmitted to people via fresh foods. Contact: Dean Cliver, 
School of Veterinary Medicine, (530) 754 9120, docliver at ucdavis.edu.
CONSUMER ATTITUDES--Christine Bruhn is a UC Davis food-science marketing 
specialist, director of the UC Davis Center for Consumer Research and a 
national expert on consumer attitudes about food. She can discuss public 
reaction to the recent E. coli outbreak and how consumers can best guard 
against food-borne illnesses. Contact: Christine Bruhn, Food Science and 
Technology, (530) 752-2774, cell (530) 219-2888, cmbruhn at ucdavis.edu.
E. COLI'S IMPACT ON AGRICULTURE--Daniel Sumner is the Frank H. Buck Jr. 
professor of agricultural and resource economics in the Department of 
Agricultural and Resource Economics, and director of the University of 
California Agricultural Issues Center, based at UC Davis. Sumner specializes 
in national and international agricultural policy. He can discuss the impact 
of the E. coli outbreak on agriculture in California and throughout the 
United States. Contact: Daniel Sumner, Agricultural Issues Center, (530) 
752-1668 or dan at primal.ucdavais.edu.
CONVENTIONAL AND ORGANIC AGRICULTURE--Karen Klonsky is a Cooperative 
Extension economist who specializes in farm business management issues, 
including organic agriculture. She can discuss the implications of the E. 
coli outbreak for California's farmers. Contact: Karen Klonsky, Agricultural 
and Resource Economics, (530) 752-3563, klonsky at primal.ucdavis.edu.
E. COLI AND THE FRESH-PRODUCE INDUSTRY--Roberta Cook is a Cooperative 
Extension economist who focuses on fresh-produce marketing, food 
distribution and international trade in fruits and vegetables. She can 
discuss the long- and short-term impacts of the recent E. coli outbreak on 
the fresh-produce industry. Contact: Roberta Cook, Agricultural and Resource 
Economics, (530) 752-1531, cook at primal.ucdavis.edu.