Sludge Watch ==> Salmonella fertilizer sparks lawsuit, worries over tainted produce

Maureen Reilly maureen.reilly at sympatico.ca
Wed Feb 20 12:41:52 EST 2008


Sludgewatch Admin:

Now this paints a very interesting picture.  It is about a US fertilizer 
that apparently has salmonella contamination.  The product apparently 
contains no sewage sludge biosolids.  It has sparked a lawsuit and this 
detailed news story.

Certainly fertilizers that are contaminated with pathogens put the public 
and food chain at risk.
But why are non-sludge fertilizers prosecuted while pathogen contaminated 
sludge-based fertilizers are given regulatory exemption ?

Bear in mind that all the biosolids based fertilizers in the US are allowed 
to have salmonella contamination.  They only have to meet either the 
salmonella requirement OR the fecal coliform  requirement - not both - in 
order to be sold or distributed as 'Class A'.  Note that in Canada sludge 
fertilizers must meet both a fecal coliform and a salmonella requirement - 
which has resulted in Milorganite being found in violation of the Canadian 
Fertilizer Act.

In this story from 2002, Canadian sludge-based fertilizer products tests 20% 
failed the microbial requirements, although the government refused to name 
the contaminated products. Imagine just what the regulatory failure rate for 
these products would have been if all the regulatory requirements had been 
assessed.

No fertilizers should be sold if they represent these pathogen risks.  Why 
do sludge fertilizers get a free pass to harm the public?

see:
http://list.web.net/archives/sludgewatch-l/2002-May/002523.html

...............................................



Salmonella fertilizer sparks lawsuit, worries over tainted produce


http://www.freshplaza.com/news_detail.asp?id=16664 
<http://www.freshplaza.com/news_detail.asp?id=16664>

  US: Salmonella fertilizer sparks lawsuit, worries over tainted produce

Salmonella has allegedly been found in organic fertilizer, leading to a 
lawsuit and concerns that the salmonella-tainted fertilizer could 
contaminate fruits and vegetables being sold to consumers. In a suit filed 
February 6th in the U.S. District Court of the Northern District of 
California, the Oceano Packing Company is suing True Organic Products and 
Western Farm Service for selling fertilizer contaminated by salmonella. The 
lawsuit came after three unrelated Oceano customers reported finding 
salmonella in Oceano crops.

True Organic and Western Farm are being sued for negligence, breach of 
express and implied warranty of fitness, fraud, negligent misrepresentation, 
unfair competition, and for allegedly violating the Organic Foods Production 
Act of 1990. Adopted as part of the 1990 Farm Bill, the Act states that any 
agricultural product labeled or represented as 100 percent organic must be 
produced in accordance with federal guidelines and requires the U.S. 
Department of Agriculture (USDA) establish national standards governing the 
marketing of certain agricultural products as organically produced; assure 
consumers that organically produced products meet a consistent standard; and 
facilitate interstate commerce in organically produced fresh and processed 
food.

According to the lawsuit, salmonella has already been found in crops in 
which contaminated fertilizer tainted the products. It is unknown if these 
crops have been released to the public and how many crops were affected. The 
results are unimaginable given that the tainted fertilizer would likely also 
contaminate livestock and run-off into water supplies and other crops. The 
complaint also alleges that Western Farm engaged in criminal conversion and 
defamed Oceano, that Western Farm representatives entered Oceano’s 
property in January without permission, removing items, mostly chemicals. 
The complaint also alleges Western Farm represented to third parties that 
Oceano does not pay its trade debts in a timely manner.

During the 2007 growing season, Oceano contacted Western Farm, a California 
company, for its recommendation on a fertilizer. Western recommended a 
fertilizer known as "true 10-5-2", manufactured by True Organic Products. 
Oceano, which claims to have conducted its own investigation, states the 
fertilizer was the source of salmonella contamination.

Salmonellosis is an infection emerging from Salmonella and is usually passed 
from the feces of people or animals to other people or animals. Most people 
infected with Salmonellosis develop diarrhea, fever, and abdominal cramps 12 
to 72 hours following infection. Many different kinds of illnesses can cause 
these symptoms; determining Salmonella requires laboratory tests to identify 
the bacteria in the stools of an infected person. Once identified, testing 
can determine the specific type of Salmonella and which antibiotics treat 
it. Salmonellosis lasts a week and most people recover without treatment; 
however, in some, diarrhea may be so severe hospitalization is required and 
the infection may have spread from the intestines to the blood stream and 
other body sites. Without treatment, severe cases can result in death. Some 
bacteria are resistant to antibiotics, largely due to the use of antibiotics 
to promote the growth of feed animals. A small number of persons infected 
will develop pains in their joints, irritation of the eyes, and painful 
urination - a condition called Reiters syndrome which can last for months or 
years and can lead to chronic arthritis; antibiotic treatment does not make 
a difference in whether or not the person later develops arthritis.
Source: newsinferno.com <http://www.newsinferno.com/archives/2580>
Publication date: 2/18/2008





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