Food safety flurry

Here is the link to the Web page that links to today's hearing by the Senate Committee on Health, Education, Labor, and Pensions on "Developing a Comprehensive Response to Food Safety." The page also provides a link to view the hearing and links all the testimony offered. The "witness" list":

Witness Testimony

Panel I

The Honorable Michael Leavitt, Secretary, Department of Health and Human Services, Washington, DC
From Leavitt

Implementing the Import Action Plan and the Food Protection Plan will require resources, including reallocation of existing resources, as well as trade-offs, to fund these priorities. We plan to coordinate with Federal departments and agencies to carefully plan the implementation and submit funding needs through the normal budget process in February 2008 and in subsequent years. To the extent that additional statutory authority is needed to implement the Import Action Plan, we look forward to working with this Committee on import product safety legislation.

Panel II

Michael R. Taylor, Research Professor of Health Policy, The George Washington University, Washington, D.C.
From Taylor:

Congress should undertake a serious study of how to establish an adequate and stable funding base for FDA’s food safety program for the long-term. Just as it is fair to hold the food industry accountable for doing its food safety job, it is fair to hold FDA accountable for the leadership and effective action we expect from that agency, but only if it has an adequate and predictable resource base.

Paul Young, Ph.D, Senior Marketing Manager, Waters Corporation, Newtownards, N. Ireland
From Young:

It is clear that any food safety system which relies on voluntary compliance will be inherently risky, since even the very stringent systems employed by both the EU and Japan continue to give rise to a significant number of cases of violative food contamination (as published by each authority). Countries without unequivocal regulations governing the production of imported food run the risk of inviting the delivery of sub-standard products.

The Honorable Cal Dooley, President & Chief Executive Officer, Grocery Manufacturers Association, Washington, DC.
From Dooley:

Fourth, we urge you to take steps to continually improve the safety of food produced in the U.S. In particular, we urge you to provide FDA authority to mandate that produce be produced following good agricultural practices. Rising consumption of fruits and vegetables, including ready-to-eat foods, reflects growing consumer demand for healthier food choices but also creates new food safety challenges that should be addressed through strong and enforceable produce safety standards which can be tailored to reflect differences among commodities. Similarly, we support modernizing preventative controls for packaged food products to reflect scientific advances and thereby strengthen the foundational elements of our food safety system. We also support proposals to require facility registrations once every two years, as suggested in FDA’s Food Protection Plan, and we support increased frequency of facility inspections, provided that such inspections are based upon a scientific assessment of risk and upon history of compliance.


Caroline Smith DeWaal, Food Safety Director, Center for Science in the Public Interest, Washington, DC
Excerpt from Smith DeWaal:

FDA’s Food Protection Plan calls for several authorities that CSPI has long advocated, like mandatory recalls, and proposes changes to address shortcomings in the implementation of the Bioterrorism Act’s food facility registration program. But its shortcomings are numerous:
• It is not enough to ask for new authority to mandate recalls but fail to ask for authority to require traceability standards and impose civil penalties so that recalls are effective.
• It is not enough to require strict food security plans but fail to require food safety plans that would protect the public from the inadvertent contamination of food that annually sickens and kills so many Americans.
• It is not enough to identify a need for the full life-cycle approach to food safety but fail to ask for authority to implement programs on the farm or in the country of origin. In sum, the Food Protection Plan underscores the need for reform, but Congress must take stronger action if it is to ensure the safety of the food supply and protect Americans from preventable illnesses and deaths.

Joseph Corby, Director, New York Department of Agriculture & Markets, Albany, NY
From Corby:

The FDA Food Protection Plan and Action Plan for Import Safety are the latest efforts by the agency in setting strategies for protecting the nation’s food supply. These plans have great promise and both rely very heavily on working collaboratively with stakeholders including state and local agencies. The Action Plan for Import Safety speaks specifically for considering cooperative agreements with states. The Food Protection Plan uses less specific, more general language such as “collaboration with” and “working closely with” states in several areas of the document. In my opinion, FDA should strive to work more strategically with the states on a variety of functions including food safety inspections, food product surveillance, and imported food evaluations.

One down

The Senate passed the U.S.-Peru Trade Promotion Agreement and here is some reaction from the Farm Bureau:

The American Farm Bureau Federation commends the Senate on its quick passage of the U.S.-Peru Trade Promotion Agreement, which is estimated to increase U.S agricultural trade by $705 million per year after full implementation. The agreement benefits all U.S. agriculture with gains to be spread across all sectors—from livestock to fiber, grains and oilseeds to fruits and vegetables.

“We encourage Congress to now move ahead with the Colombia and Panama trade agreements, which are also important for U.S. agriculture. It is critical that we continue opening markets for our products, while reaching out to new trading partners.
“AFBF urges Congress to bring up to vote the remaining two Latin American agreements as soon as possible. We look forward to continuing to work with Congress toward passage of these outstanding agreements.”

Retail produce ads Dec. 5 to Dec. 11

Front page features of produce on food ads in the suburban Kansas City market highlighted California cutie clementines, new crop honeycrisp apples, Dole iceberg lettuce and fuji apples. Here is the total picture:


Hen House One day sale (Dec. 8)
Fuji apples - 69 cents/lb

Hen House - Dec. 5-Dec. 11
Satsuma mandarins $4.99/5-lb box (Ben Becnel of Belle Chase, La.)
Dole salad blends: buy 1, get 1 free (10 to 12 oz.)
Calavo large hass avocados: 2 for $3
Sweet grape tomatoes: 2 for $4
Green Giant sliced mushrooms: 2 for $3/ 8 oz. package
Apio Meat, Cheese and Vegetable Tray: $12.99
Fresh gourmet croutons: 2 for $3
Earthbound Farms certified organic baby carrots: 2 for $3 (1-lb bag)
Sweet red bell peppers: 2 for $3
Brown baggin deal: (6 pounds of pears included with soup, wheat things, raisin, Tropicana juice)


Price Chopper Dec. 5 to Dec. 11
California cutie clementines: $2.88/3-lb bag
Washington premium fuji apples: $1.29/lb
Del Monte jumbo gold pineapple: $3.99/each
Blueberries: 2 for $5 (4.4 ounce)
Dole Salad blends: 2 for $ (10 oz. to 12 oz.)
Eat Smart Vegetable Tray: $8.99/36 oz.
Santa Sweet grape tomatoes: 2 for $4/ 12 oz. package
Green Giant baby cut carrots: 2 for $5
Green Giant baby Portabella mushrooms: 2 for $4
Earthbound Farm organic iceberg head lettuce: $1.29/head


Dillons: Dec. 5 to Dec. 11
Honeycrisp or Ambrosia apples: $1.99/lb
California navel oranges, Washington red delicious apples, or Texas red grapefruit - Two 5 lb bags for $6
Russet baking potatoes or Colorado sweet yellow onions: 89 cents/lb
California cutie clementines: $6.99/each
Kroger grape tomatoes: 2 for $5
Mann's Organic vegetables: broccoli florettes, vegetable medley or broccoli and carrots: 2 for $5 (10 oz. package)
Veggie trays: $9.99/36 ounce
Fresh whole or sliced baby bella mushrooms: 2 for $5
Private Selection organic salad: 2 for $6
Fresh Express salads: 2 for $5 (5 to 12 oz.)

HyVee Dec. 5-11
Sweet Juicy clementines - $5.88/5-lb box (More Matters graphic logo)
Del Monte or Sun Fresh Chilled fruit: 2 for $6
Dole fresh vegetables, selected varieties: 3 for $5 (12 oz. package)
Grimmway Farms baby carrots
Chilean sweet red cherries: $5.99/lb
Blueberries: $2.48/4.4 ounces
Grimmway Farms baby carrots: $1.77/ 2 lb bag
HyVee: Chopped romaine or garden supreme (1o oz., 12 oz.) 2 for $3
Mini sweet personal melon $2.99/each
Nature Sweet tomatoes: 12 oz. : $2.29
Pro Health microwavable potatoes: 2 for $1
Stemilt fuji apples: $1.88;lb
Stemilt Apple Sweets: 10 (5 or 6 oz. package) for $10
Monterey whole or stuffable white mushrooms: $2.88/14 or 16 oz. package
Slicing cucumbers: 2 for $1
Sweet red peppers: 99 cents each
Texas Sweet juice oranges: $3.49/5 lb bag
Sunburst tangerines: 4 for $1

Organic navel oranges: $4.99/4 lb bag
Stemilt organic red delicious apples: $1.38/lb

Taco John's in focus

Doug Powell of the KSU Food Safety Network passes on links to a series of stories about the Taco John's lettuce-related e. coli outbreak. Below are the hyperlinked headlines from The Post Bulletin of Rochester, Minn.

Lettuce is supposed to be good for you -- isn't it?

The lede from this story by Jeff Hansel:

Ahhh, the prospect of a fresh lettuce salad with leafy greens and a light vinaigrette.

But is it safe?

Lettuce is one of the prime culprits in a rise of foodborne illnesses.

Food safety experts and federal authorities have a general idea why: Almost all lettuce-related outbreaks in recent years have either lacked a definitive source or been traced to California's Salinas Valley.

Produce-related outbreaks have made the restaurant dining experience -- or even a meal at home -- something to ponder before picking up the fork.

Source quoted:
Dr. Kirk Smith, supervisor of the Foodborne Disease Unit at the Minnesota Department of Health's Infectious Disease Epidemiology Division



Story#2

Taco John's bears the brunt of E. Coli fallout

The lede from Hansel:

Workers at the Austin restaurant did everything right.

The restaurant had even dazzled health inspectors with food safety expertise while passing an inspection just days before a foodborne illness outbreak in Iowa reverberated at a Taco John's restaurant in Austin, and another in Albert Lea.

A wide range of officials agree that Taco John's did nothing wrong.

Sources quoted:
Terri Kaiser of Albert Lea,
Brian Dixon, vice president of marketing for Taco John's International
Attorney Dave Babcock, of the Marler Clark law firm of Seattle, which is representing clients who ate at Taco John's restaurants.
Margene Gunderson, director of Health Services for Mower County
Dr. Kirk Smith, a veterinarian and supervisor of the Foodborne, Vectorborne and Zoonotic Diseases Unit of the Minnesota Department of Health.

Story #3

Special report: Is the food you eat making you sick?

Lede from Hansel story:

Minnesota set a record for foodborne illness outbreaks in 2006.

Outbreaks of illness from lettuce, spinach, hamburger and tomatoes have many people wondering what's going on.

Source:
Dr. Kirk Smith, supervisor of the foodborne disease unit at the Minnesota Department of Health's Infectious Disease Epidemiology Division.

TK: This series leaned heavily on state and local health authorities. Those officials attempt to explain what has been done relative to food safety, and it is not easy for readers to understand. This graph illustrates the point:

Smith said, without elaborating, that "attempts to make changes have been stopped" by the federal Department of Health and Human Services, which oversees the FDA, "for political reasons."

TK: Communicating to consumers what has been done to enhance produce safety is not an easy task, and the multi-faceted explanation (leafy greens agreement in California, (GAP standards for tomatoes in Florida, etc., etc.) may leave consumers unmoved. Just what exactly is the simple message to deliver to fresh produce consumers about food safety?

Mission at risk

As first noted by Big Apple of the Fresh Produce Industry Discussion Group, a a new 60-page report from a subcommittee of the U.S. Food and Drug Administration's science board was released today. Titled "FDA Science and Mission at Risk," the report states that increasing demands and a lack of resources have created an "imbalance" that puts the integrity of the FDA's mission - and the safety of the public - at risk. From the report's reference to food safety (highlights mine):

The Subcommittee found that FDA’s ability to provide its basic food system inspection, enforcement and rulemaking functions is severely eroded, as is its ability to respond to outbreaks in a timely manner and to develop and keep pace with the new regulatory science needed to prevent future problems arising from both novel (prion disease, genetically modified organism) and traditional (resistant microbes, chemical contamination) sources. There is an appallingly low inspection rate: the FDA cannot sufficiently monitor either the tremendous volume of products manufactured domestically or the exponential growth of imported products. During the past 35 years, the decrease in FDA funding for inspection of our food supply has forced FDA to impose a 78 percent reduction in food inspections, at a time when the food industry has been rapidly expanding and food importation has exponentially increased. FDA estimates that, at most, it inspects food manufacturers once every 10 years, and cosmetic manufacturers even less frequently. The Agency conducts no inspections of retail food establishments or of food-producing farms.

There are several reasons for the crisis in CFSAN and CVM. One is a dramatic increase in and diversification of Agency responsibilities, reflecting the sharp increase in FDA regulatory mandates and the challenges of globalization. Another is the increasing complexity of the task: surveillance combined with the complexities of cross-Agency regulatory responsibilities and a general lack of coordination across agencies. A third is the increased scientific demands placed on the Agency due to the emerging sciences that are resulting in new products for humans and animals. Finally, a recurrent theme — that of inadequate resources. In this case, inadequate sensing technology to augment surveillance and investigational activities, inadequate scientific capability to effectively model food supply risks, and inadequate staff to inspect an adequate sample of domestic and internationally produced food products all limit the effectiveness of the Agency.
The Subcommittee’s findings are consistent with those of previous committees that voiced deep concerns about the viability of the foods program and the lack of Agency priority for food issues. Sixteen years ago the Final Report of the Advisory Committee on the Food and Drug Administration to the Secretary of Health and Human Services (HHS) (May 1991) identified the same problems (Appendix D, page 1): "There are deep concerns about the viability of the foods program and the lack of Agency priority for food issues. Decline in resources and program initiatives during the past 10–15 years indicate a lack of Agency management attention and interest in this area, although public interest in, and concern for, an effective food program remain high." Since 1991, continued declines in resources and personnel have exacerbated this situation.
CVM has the authority of ensuring the safety of milk, meat and eggs. However, the Center is faced with myriad other regulatory demands; including assessing safety of genetically modified foods and engineered animals used to make biotechnology-based drugs for humans (so-called biopharming); developing analytical techniques to screen meat, milk and eggs for volatile residues of drugs, pesticides and environmental contaminants; as well as managing the approval of an explosion of new pet-animal drugs that are essentially a microcosm of the human drugs regulated by both CDER and CBER (partially supported by Animal Drug Use Fee Act). When Bovine Spongiform Encephalopathy (BSE), commonly known as mad cow disease, first appeared in Europe and elsewhere, consumers and the industry looked to the FDA to ensure that the disease would not spread to the US through the animal feed that FDA regulates. But Agency officials were denied the funds to bring the feed industry into rapid compliance with the new feed regulations, and the disease did indeed appear in the US. Perhaps if the small sums requested by FDA had been provided, Japan and other countries would not have cut off imports of US beef and American producers would not have suffered multibillion dollar losses. To this day, the BSE research program, as well as others in the CVM See Appendix C, Center for Food Safety and Applied Nutrition (CFSAN) related to detection of newly emerging infectious agents, remains seriously underfunded.
The recent pet food safety crisis has strained this overtaxed system. CVM received more than 18,000 telephone calls concerning melamine pet food contamination. The pet food industry is a $15 to $20 billion a year business and largely falls within FDA’s regulatory purview. It was estimated that about 1 percent of the total volume of pet food was involved with a potential economic impact of $200 million. CVM is able to devote only two people working full time on pet food issues.
It is crucial that both food-based Centers develop the science needed to fulfill their mandated missions. The strengthening of science in these Centers must be insulated from acute crisis management. This will involve a two-pronged approach. The first is to immediately correct the historical lack of support for staff and infrastructure needed to address current issues. Both Centers have accurately defined areas that need attention, and this Subcommittee agrees with this assessment. Directly supporting these initiatives is largely one of funding, as addressed in recommendation 128.
The second phase is to significantly build a 21st Century science-based regulatory science that could anticipate future food safety issues and develop a cadre of professionals capable of applying the new biology, chemistry and bioinformatics to the regulation of foods that exist in the manufacturing, distribution and consumer use environment of today’s global marketplace. A culture must be created in which such individuals have the freedom and support to pursue the regulatory science needed to keep pace with a global economy using the tools provided by a new biology. These individuals must be isolated from acute regulatory crises.
The Subcommittee recommends that CFSAN and CVM leverage other research programs (e.g., National Center for Toxicology Research [NCTR], the Agricultural Research Service [ARS], Cooperative State Research, Education and Extension Service [CSREES], Centers for Disease Control and Prevention [CDC], National Institutes of Health [NIH] and Department of Homeland Security [DHS]) research programs to address food and cosmetic safety priorities in toxicology, microbiology, human and animal nutrition, and issues of emerging science. However, due to the unique regulatory landscape of products managed by both CFSAN and CVM, internal up-to-date scientific expertise is mandatory. CFSAN and CVM need to have resources that can be brought to the partnership and that could be used to fund joint requests for proposals managed through granting agencies. One very successful example of such joint programs is the Plant Genome Initiative, funded by National Science Foundation (NSF), Department of Energy (DOE) and US Department of Agriculture (USDA) and managed by NSF.
Confidential 23 FDA Science and Mission at Risk Report of the Subcommittee on Science and Technology
This second phase should be conducted in parallel with this Subcommittee’s recommendations for Agency-wide changes in science administration and support as embodied in a Chief Scientific Officer with budgetary authority, as well as modernization of IT infrastructure. The unending series of management by crisis in both CFSAN and CVM has seriously eroded the morale of existing dedicated staff and hampered recruitment of new scientists trained in areas of emerging biology, chemistry and bioinformatics. This situation, coupled with the early retirement of senior scientists and the recent departure of the director of CFSAN, puts the state of science in serious disarray. These issues should be a high priority on the agenda of the new Chief Scientific Officer.
Finally, efforts to strengthen the food safety mission of FDA must not adversely affect CFSAN’s legislatively mandated mission to address the science behind nutrition, and the safety of dietary supplements and cosmetic safety. In fact, these areas must be revitalized and prioritized independently of both food and drug issues to redress decades of neglect before a serious crisis emerges29. The dietary supplement industry has grown to more than $20 billion in annual sales, and millions of Americans use those products every day. But the legislation authorizing FDA regulation of those products has never been funded, the practical effect being that the products and their health claims go essentially unregulated. The same can be said of the cosmetics industry, which has more than $60 billion in annual sales, but is overseen by an FDA staff of 14 supported by $3.5 million budget. This industry is rapidly integrating nanotechnology for product delivery and yet, very limited expertise in this newly emerging area of science exists in the entire FDA.

Still waiting and Harkin's amendment to update school nutrition standards

There is no definitive word on how the Senate will proceed with the farm bill, John Keeling of the National Potato Council told me this morning. Meanwhile, there continue to be some reports reflecting optimism about the chance for immediate Senate action, while other voices say it is not likely until the first quarter of 2008.

Meanwhile, Sen. Tom Harkin announced today that he has broad support for a planned amendment to the farm bill that will update nutrition standards of food sold in schools - outside of the school feeding programs. There is little detail in the news release about specific measures. From the office of Sen. Tom Harkin:

Harkin-Murkowski Amendment Will Update Decades- Old Nutrition Standards in Schools Nationwide

Amendment to be offered to Senate farm bill has broad support

Washington, D.C. – Senators Tom Harkin (D-IA) and Lisa Murkowski (R-AK) today announced that they plan to offer an amendment to the pending Senate farm bill to update decades-old nutrition standards in schools. The amendment, the result of months of negotiation with both the public health community and the food and beverage industry, seeks to establish appropriate school nutrition standards for foods and beverages offered in school vending machines, school stores and other venues outside of the school meal programs. The effort represents the broadest reform of foods sold in schools since the U.S. Department of Agriculture (USDA) first implemented nutritional guidelines in the 1970’s.

“Our amendment will improve the diets and nutrition of America’s school children by setting reasonable, common-sense standards for the foods and beverages that are sold in school vending machines and similar outlets,” said Harkin, Chairman of the Senate Committee on Agriculture, Nutrition and Forestry. “School sales of candy, snacks and soft drinks have gone way up in recent years even as more and more kids are overweight or obese or have chronic diseases such as diabetes. This is a dangerous equation for the health of America’s kids – now and in their adult lives.”

“A healthy population starts with healthy children – we must establish healthy habits and activities at an early age to prevent obesity and diet-related diseases later in life,” said Senator Murkowski. “This amendment is a step towards countering the youth obesity epidemic. The current standards for competitive foods sold in schools are out of date and do not include any of the current knowledge about the dangers of trans fats, high sodium, sugar and cholesterol and nutritional guidelines.”

The amendment has broad support from both the food and beverage industry and health and education groups including:

Coca-Cola
American Association of School Administrators
Nestle
American Cancer Society
Mars
American Dental Association
Frito-Lay
American Diabetes Association
General Mills
American Dietetic Association
McCain foods
American Federal of Teachers
Pepsi-Co
American Medical Association
Cadbury Schweppes
American Public Health Association
Dannon
Center for Science in the Public Interest
American Beverage Association
Consumer Federation of America
Kellogg
Food Research and Action Center
International Dairy Food Association
National Association of School Nurses
National Milk Producers Federation
National Education Association
National PTA

“If parents, public health advocates and industry can come together with these senators on a national standard, the rest of the Senate should be able to do the same and pass this important amendment promptly,” said Susan K. Neely, president and chief executive officer of the American Beverage Association.

“States have been strengthening their school nutrition policies. But after a decade of hard work, two-thirds of states have no or weak nutrition standards to limit junk-food and soda sales out of vending machines, school stores, and other venues outside of school meals,” said Margo G. Wootan, director of nutrition policy at CSPI. “We hope that Congress will listen to parents, health organizations, and the food and beverage industry and strengthen the national nutrition standards for school foods this year.”

“Our knowledge about the importance of nutrition and of nutrition itself has changed greatly in the 30 years since the standards for school foods were established,” said Jennifer Weber of the American Dietetic Association. “This amendment can help transform the nutrition environment in schools so that it is consistent with our knowledge of children's nutrition and health. It is simply responsible to students' well being to act now to review and update the nutrition standards for foods sold in schools across the nation.”

Since the 109th Congress, Harkin and Murkowski have introduced The Child Nutrition Promotion and School Lunch Protection Act, which is similar to the amendment announced today.

Measuring inflation, optimism and calories

At least the double cheeseburger and the side salad at McDonald's haven't increased in price. The National Restaurant Association reports in their Dec. 3 Washington report that menu inflation has been running at an annual clip of 4.1% over the last 12 months ending in October. From the report:

After a 0.5 percent gain in September, menu prices advanced 0.2 percent in October. Menu prices increased at a 4.1 percent rate over the 12 months ending in October. The rate was lower than the increase in grocery store prices over the same period (4.7 percent) but higher than overall consumer prices (3.5 percent). According to the National Restaurant Association’s Restaurant Industry Tracking Survey, 47 percent of restaurant operators expect to have higher sales in six months (compared to the same period in the previous year), up from 44 percent who reported similarly in September. Quickservice and quick-casual operators are the most optimistic, with six of 10 operators expecting higher sales in six months.

On a newsy note, the NRA reports it continues to oppose a menu-labeling proposal in NYC. The backdrop:

Restaurant industry representatives testified Nov. 27 against a New York City Board of Health menu-labeling proposal. The health board is expected to vote in January on the measure, which would require restaurants with 15 or more units nationwide to post calorie information on menus and menu boards. If passed, the ordinance would take effect March 31, 2008. It would affect about 10 percent of the city’s restaurants.

TK: Why not add the calorie information on menus and menu boards rather than hide it in kiosks that no one ever sees? A little illumination, gentlemen! Of course, some consumers will see a high calorie dish as an especially good value, so there's no telling about the influence on consumer behavior.