As we wrote a year ago, when the district court decision was handed down, the current USDA testing scheme for mad cow tests only the cattle that the USDA has dubbed "high risk," which ends up being less than one percent of America's beef. Creekstone Farms claimed that it has lost business in Japan and South Korea due to the mad cow scare in the U.S. a few years ago, and that it would like to reassure its domestic and international customers by testing all of its cattle. To that end, the company built its own testing center and was prepared to begin testing its beef, but the USDA, which regulates the sale of mad cow testing kits, blocked the sale. The lower court case turned on an interpretation of the Virus-Serum-Toxin Act, which regulates, among other things, products "intended for use in the treatment of domestic animals." The district court pointed out that there is no treatment or cure for mad cow disease, and the tests are only performed on dead animals, thus the tests should not be regulated by the USDA under this act.

For its part, the meatpacking lobby ("Big Meat") opposes Creekstone Farms, citing fears that if Creekstone tests all its beef, consumers will force other meatpackers to do so, leading to more expensive beef.

U.S. Wants to Stop Increased Testing for Mad Cow [CNN]
Creekstone Farms v. U.S. Department of Agriculture
Virus-Serum-Toxin Act
(Photo: Yogi)

Here's the actual BBB complain that went unanswered by Taco Bell:

About 3 weeks ago i called the 800# asking what grade of beef they use. All they could tell me was usda approved. I called 4 times and got the same, twice i left my # and was told a nutritionalist would call me back....no call ever came. I next e mailed corp with the same question. I was answered by a Sandy Shakelford telline me:I have located a phone number contact in which you can inquire about our meat. Taco Bell Corporation 949-863-4500 and ask for the QA Department. I called a total of three times first got a prompt telling me to put in MY voice mail # to get my messages. Next i was transfered to a recording telling of bad cheese both plain and mixed and to throw them out and call in for a credit. Third was disconected. 4th i got a voice mailbox in the Quality control dept. i think his name was Steve...Again i left my question and # and again no call back. On Feb 27 i e mailed Sandy telling her what my phone experiance was and had not got an answer to my question...That was 10 days ago and again no contact from Sandy nor Taco Bell. Side note the web sight says contact us call 1800 TACO BELL when its actually 800 TACO BEL....The companys resistance to answer my question tells me what i was told by a friend that worked there that they use poor yet usda approved beef could be true.

Inspectors found the listeria contaminated products during microbiological sampling in Florida, and there have been no illnesses reported. Over a dozen different products are affected by the recall and you can view a list by clicking here (PDF).

Listeria is a bacteria that causes the possibly-fatal infection "listeriosis." The USDA has classified this recall as "Class I" meaning that there is a “reasonable probability that the use of the product will cause serious, adverse health consequences or death."

NEW YORK FIRM RECALLS MEAT AND POULTRY PRODUCTS
FOR POSSIBLE LISTERIA CONTAMINATION (PDF) [USDA]

The head of the union that represents 6,000 federal food inspectors told a congressional committee Thursday that the Agriculture Department tried to intimidate him and other employees who reported violations of regulations, an allegation denied by the agency.

Union chief Stan Painter said that following a mad cow disease scare in 2003, he told superiors that new food safety regulations for slaughtered cattle were not being uniformly enforced. Painter said he was told to drop the matter, and when he didn't, was grilled by department officials and then placed on disciplinary investigative status.

Painter said he was eventually exonerated, but the incident "has caused a chilling effect on others within my bargaining unit to come forward and stand up when agency management is wrong." He said that supervisors tell workers to "let the system work" rather than cite slaughterhouses for violations.

Well, um, isn't that part of the system? The enforcement part? No?

The USDA's spokesperson says they looked into Painter's allegations and found no evidence to substantiate them.

The spokesperson also said that the recent (notorious) failure to uncover animal abuse was "not because of a lack of inspectors, adding that he believes the agency has enough to do the job effectively." We're not sure, however, whether that statement to the AP was accompanied by a Nancy Nord-style wink.

Union head claims USDA tried to intimidate employees [AP]

Apparently, Steve "The Cows Needed A Pick-Me-Up" Mendell was shocked, horrified and sickened by the undercover video that showed cows that were too sick to walk being lifted and prodded with forklifts.

"I was shocked. I was horrified. I was sickened," Steve said.

Testifying before the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee, Mr. Mendell, who appeared only after being subpoenaed, assured lawmakers that despite his lack of knowledge about conditions at the plant, sick animals were not slaughtered for food, so no safety issue existed.

But Mr. Mendell retracted the statement when shown a second video in which a "downer" cow was shocked and abused by workers trying to move it to the "kill box," then finally shot with a bolt gun and dragged by a chain to the processing area.

When Mr. Mendell told the committee he was unaware of the abuses, Mr. Stupak asked him, "What's your curiosity, as president and C.E.O. of the company you're responsible for?"

Mr. Mendell replied that after he had seen the first video, he concluded that "it was a regulatory violation, for sure, it was inhumane treatment, for sure," but that he did not believe it was a food safety issue until he saw the second video on Wednesday.

Mr. Stupak asked if one could conclude from the video that the cow dragged into the killing area had gone into the food supply.

"That would be logical, sir," Mr. Mendell replied.

Meat Packer Admits Slaughter of Sick Cows [NYT]

They seem like pleasant mustachioed fellows.

U.S. sees largest meat recall in history [Yahoo!]

RELATED
"USDA Stops Production At Meatpacking Facility After Undercover Video Showed Sick Cows Being Abused"
"USDA Recalls 143 Million Pounds Of Beef"

From the WSJ:

In two conference calls this week, industry and USDA officials discussed the possibility of excluding from the recall Hallmark/Westland beef that was mixed with other suppliers' meat and sent to retail and wholesale customers, according to a memo written by an employee of Olsson Frank Weeda Terman Bode Matz PC. The Washington law firm represents several food companies. The department appears to have since decided against narrowing the scope.

Beef Industry Presses For Reduced Recall [WSJ]

Secretary of Agriculture Ed Schafer said his department has evidence that Westland did not routinely contact its veterinarian when cattle became non-ambulatory after passing inspection, violating health regulations.

''Because the cattle did not receive complete and proper inspection, Food Safety and Inspection Service has determined them to be unfit for human food and the company is conducting a recall,'' Schafer said in a statement.

A phone message left for Westland president Steve Mendell was not immediately returned.

Federal officials suspended operations at Westland/Hallmark after an undercover Humane Society video surfaced showing crippled and sick animals being shoved with forklifts.

Two former employees were charged Friday. Five felony counts of animal cruelty and three misdemeanors were filed against a pen manager. Three misdemeanor counts — illegal movement of a non-ambulatory animal — were filed against an employee who worked under that manager. Both were fired.

Authorities said the video showed workers kicking, shocking and otherwise abusing ''downer'' animals that were apparently too sick or injured to walk into the slaughterhouse. Some animals had water forced down their throats, San Bernardino County prosecutor Michael Ramos said.

USDA Makes Nation's Largest Beef Recall [AP]
PREVIOUSLY: USDA Stops Production At Meatpacking Facility After Undercover Video Showed Sick Cows Being Abused
(Photo: flikr)

The video shows cows that are too sick to walk being lifted and prodded with forklifts in order to get them to move into the slaughter box. Although the USDA says it doesn't have proof that the sick cows entered the food supply, just the simple fact that workers were hitting sick cows with forklifts while 8 USDA inspectors looked the other way was enough to prompt the agency to shut down the company.

From the LA Times:

Cliver, professor emeritus of food safety at UC Davis, said the suspension of the plant is "long past due."

"It's a shame when USDA has to read about this stuff in the newspaper before they take action," he said. Cliver said he was especially shocked by the news, because as someone who has worked on food safety for 45 years, he believed in the federal inspection process. "That the most intensive inspection system we have was asleep on this situation bothers me enormously," he said.

One retired food inspector, who once worked at Hallmark, said the USDA supervisor in charge of the plant had to have been aware of the practices shown in the Humane Society's video.

"The supervisor should have known what was going on," said Paul Carney, western council president for the National Joint Council of Food Inspection Locals, the USDA inspectors' union.

Bill Bullard, chief executive of the Ranchers-Cattlemen Action Legal Fund, an advocacy organization that represents cattle-raising farmers and ranchers, was also critical of the USDA's lax enforcement.

"We would hope that this example will impress upon the USDA the need to bolster its inspection processes to enforce the current law that prohibits downer animals in the human food supply," Bullard said.

USDA's oversight of meat safety criticized [LA Times]

Most people cook and consume their E. coli burgers in the time it takes for someone to go to the doctor and discover the source of their illness. For recalls following reports of consumer illness, only 20% of affected meat is ever recovered.

The USDA, which regulates meat and poultry, routinely samples thousands of products for harmful bacteria before they leave factories. Test results take a few days to produce.

During that time, companies can legally ship a product. If tests are positive, the product is recalled. Because the meat has been in the market a few days, recovery rates tend to be good: 62% per recall, on average.

There have been 54 meat recalls this year, up from 34 last year. For the most recent recalls, recovery rates are not yet available.

To get more consumers to check homes for recalled meats, the USDA next year plans to publicize names of retailers selling meat that was later recalled. "We think it would be helpful for people to know, 'Gee, that is my store,' " says Petersen.

Most recalled meat is never recovered, likely is eaten [USA Today]
(Photo: amyadoyzie)

The Kolaches were sold in 12 states: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, New Mexico, New Jersey, New York, Oklahoma, Pennsylvania and Texas.

Double B Brand Products

Package Code
Brand/Product Name
Product Description

• 102907
  Double B Morning Sausage Roll
  Chicken and Turkey Knockwurst Wrapped in Dough and Baked
• 103007
  Double B Morning Sausage Roll
  Chicken and Turkey Knockwurst Wrapped in Dough and Baked
• 103107
  Double B Morning Sausage Roll
  Chicken and Turkey Knockwurst Wrapped in Dough and Baked
• 110107
  Double B Morning Sausage Roll
  Chicken and Turkey Knockwurst Wrapped in Dough and Baked
• 110207
  Double B Morning Sausage Roll
  Chicken and Turkey Knockwurst Wrapped in Dough and Baked
• 110307
  Double B Morning Sausage Roll
  Chicken and Turkey Knockwurst Wrapped in Dough and Baked
• 103107
  Double B Reduced Sodium Morning Sausage Roll
  Chicken and Turkey Knockwurst Wrapped in Dough and Baked
• 110307
  Double B Reduced Sodium Morning Sausage Roll
  Chicken and Turkey Knockwurst Wrapped in Dough and Baked
• 110207
  Double B Sausage in a Blanket
  Sausage Wrapped in Dough and Baked
• 103007
  Double B Sausage-N-Cheddar in a Blanket
  Smoked Knockwurst with Cheese Sausage Baked in Dough
• 110107
  Double B Sausage-N-Cheddar in a Blanket
  Smoked Knockwurst with Cheese Sausage Baked in Dough
• 110207
  Double B Sausage-N-Cheddar in a Blanket
  Smoked Knockwurst with Cheese Sausage Baked in Dough

HEB Brand Products

Sell-By-Date
Brand/Product Name
Product Description

• 7/26/08
  HEB Jalapeno & Cheddar Kolache
  Smoked Sausage with Cheese Baked in Dough
• 8/1/08
  HEB Jalapeno & Cheddar Kolache
  Smoked Sausage with Cheese Baked in Dough
• 8/2/08
  HEB Jalapeno & Cheddar Kolache
  Smoked Sausage with Cheese Baked in Dough
• Dec. 13, 2007
  HEB Sausage & Cheddar Kolache
  Smoked Sausage with Cheese Baked in Dough
• 12/20/07
  HEB Sausage & Cheddar Kolache
  Smoked Sausage with Cheese Baked in Dough
• 7/30/08
  HEB Sausage & Cheddar Kolache
  Smoked Sausage with Cheese Baked in Dough
• 8/1/08
  HEB Sausage & Cheddar Kolache
  Smoked Sausage with Cheese Baked in Dough
• 8/6/08
  HEB Sausage & Cheddar Kolache
  Smoked Sausage with Cheese Baked in Dough
• 11/1/2007
  HEB Sausage Kolache
  Smoked Sausage Baked in Dough
• 11/3/2007
  HEB Sausage Kolache
  Smoked Sausage Baked in Dough
• 12/16/2007
  HEB Sausage Kolache
  Smoked Sausage Baked in Dough
• 12/16/2007
  HEB Sausage, Cheddar & Jalapeno Kolache
  Smoked Sausage with Cheese Baked in Dough

Southern Heritage Brand Products and Wheeler Brand Products

Package Code
Brand/Product Name
Product Description

• 10/29/07
  Southern Heritage Sausage & Cheddar Morning Rolls
  Smoked Sausage with Cheese Baked in Dough
• 7302
  Wheeler Smoked Sausage Kolaches
  Smoked Sausage Kolaches

Benchmark Brand Products

Julian Code
Brand/Product Name
Product Description

• 7302
  Smoky.s Sausage Roll w/ Cheddar
  Sausage and Cheese

Concerned customers can call Double B foods for more information at: (866) 966-4661.

Double B Foods recalls sausage rolls in 12 states [Reuters]
SMOKED SAUSAGE ROLLS RECALLED ACROSS TWELVE STATES FOR POSSIBLE HEALTH RISK (Press Release) [Double B Foods]

The consumer groups who originally called for a ban on the practice are not pleased:

"We're outraged the FDA put the economic interest of the industry before the health and safety of consumers," said Wenonah Hauter, director of Food and Water Watch. "At worst (it's) dangerous, at best it's a consumer rip-off."

Bottom line: unless you know for sure your store doesn't use carbon monoxide on its meat, don't equate color with freshness, because the practice isn't going away any time soon.

"Food industry defends carbon monoxide use in meat" [Reuters]
(Photo: Getty)

• 1.3-pound packages of ''Century Farm 80/20 Ground Beef.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 3.0-pound packages of ''Century Farm 80/20 Ground Beef.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1- pound packages of ''Century Farm 80/20 Ground Beef Patty.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1.3-pound packages of ''Century Farm 85/15 Ground Beef.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 3-pound packages of ''Century Farm 90/10 Ground Beef.'' Each package bears a Use by/freeze by date of 10/19/2007.
• 1.3-pound packages of ''Century Farm 90/10 Ground Beef Patties.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1.3-pound packages of ''Century Farm 90/10 Ground Beef.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1.3-pound packages of ''Century Farm 93/7 Ground Beef.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1-pound packages of ''Century Farm 96/4 Extra Lean Ground Beef.'' Each package bears a Use by/freeze by date of 10/19/2007 or 10/31/2007.
• 1-pound packages of ''Century Farm 85/15 Ground Beef Patties.'' Each package bears a Use by/freeze by date 10/19/2007.
• 1.3-pound packages of ''Century Farm 93/7 Ground Beef Patties.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1.3-pound packages of ''Century Farm 80/20 Chuck Ground Beef Patties.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1.3-pound packages of ''Century Farm 80/20 Chuck Ground Beef for Chili.'' Each package bears a Use by/freeze by date of 10/31/2007 or 11/03/2007.
• 1.3-pound packages of ''Century Farm Meatloaf Mix, Beef, Pork and Veal with Natural Flavors.'' Each package bears a Use by/freeze by date of 10/19/2007, 10/22/2007, 10/31/2007 or 11/03/2007.
• 1.25- pound packages of ''Giant 75/25 Ground Beef, All Natural.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 3.0- pound packages of ''Giant 75/25 Ground Beef.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1.25-pound packages of ''Giant 80/20 Ground Beef, All Natural.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 3.0-pound packages of ''Giant 80/20 Ground Beef.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1.3-pound packages of ''Giant Eagle Ground Chuck Beef Patties 80/20.'' Each package bears a Use by/freeze by date of 10/19/2007 or10/22/2007.
• 1.3-pound packages of ''Giant Eagle Ground Beef Patties 92/8.'' Each package bears a Use by/freeze by date of 10/22/2007.
• 1.3-pound packages of ''Giant Eagle Ground Beef Patties 85/15 - Certified Angus Beef Brand.'' Each package bears a Use by/freeze by date of 10/19/2007 or 10/22/2007.
• 1.3-pound packages of ''Giant Eagle Ground Round Beef Patties 85/15.'' Each package bears a Use by/freeze by date of 10/19/2007 or 10/22/2007.
• 3.0-pound packages of ''Shop Rite, 80% Lean 20% Fat, Ground Beef.'' Each package bears a Use by/freeze by date of 10/31/2007 or 11/03/2007.
• 3.0-pound packages of ''Shop Rite, 85% Lean 15% Fat, Ground Beef.'' Each package bears a Use by/freeze by date of 10/31/2007 or 11/03/2007.
• 1.3-pound packages of ''Shop Rite, 93% Lean 7% Fat, Ground Beef Patties.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1.3-pound packages of ''Shop Rite, 93% Lean 7% Fat, Ground Beef.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1-pound packages of ''Shop Rite, 96% Lean 4% Fat, Ground Beef.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1.25- pound packages of ''Stop & Shop 75/25 Ground Beef, All Natural.'' Each package bears a Use by/freeze by date of 10/31/2007 or 11/03/2007.
• 5.0- pound packages of ''Stop & Shop 75/25 Ground Beef, All Natural.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1.25-pound packages of ''Stop & Shop 80/20 Ground Beef, All Natural.'' Each package bears a Use by/freeze by date of 10/31/2007 or 11/03/2007.
• 1.25-pound packages of ''Stop & Shop 85/15 Ground Beef, All Natural.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1.2-pound packages of ''Stop & Shop 87/13 Ground Beef Sirloin, All Natural.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1- pound packages of ''Stop & Shop 90/10 Ground Beef, All Natural.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1.0-pound packages of ''Stop & Shop 80/20 Ground Beef Patties, All Natural.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1.3-pound packages of ''Stop & Shop 80/20 Ground Beef Patties, All Natural.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 2.6-pound packages of ''Stop & Shop 80/20 Ground Beef Patties, All Natural.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1.3-pound packages of ''Stop & Shop 90/10 Ground Beef Patties, All Natural.'' Each package bears a Use by/freeze by date of 10/31/2007 or 11/03/2007.
• 2.5-pound packages of ''Stop & Shop 90/10 Ground Beef, All Natural.'' Each package bears a Use by/freeze by date of 10/19/2007.
• 2.5-pound packages of ''Stop & Shop 93/7 Ground Beef, All Natural.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1-pound packages of ''Wegmans 80/20 Ground Beef Patties.'' Each package bears a Use by/freeze by date of 10/19/2007.
• 1.3-pound packages of ''Wegmans 90/10 Ground Beef Patties.'' Each package bears a Use by/freeze by date of 10/19/2007 or 10/22/2007.
• 3.0- pound packages of ''Weis Premium Meats, 73/27 Ground Beef.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1- pound packages of ''Weis Premium Meats, 80/20 Ground Beef.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 3- pound packages of ''Weis Premium Meats, 80/20 Ground Beef.'' Each package bears a Use by/freeze by date of 10/31/2007 or 11/03/2007.
• 1-pound packages of ''Weis Premium Meats 85/15 Ground Beef.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 2.0 and 3.0 -pound packages of ''Weis Premium Meats 85/15 Ground Beef.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 2-pound packages of ''Weis Premium Meats 93/7 Ground Beef.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1-pound packages of ''Weis Premium Meats 93/7 Ground Beef.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1-pound packages of ''Weis Premium Meats 96/4 Ground Beef Extra Lean.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1.3-pound packages of ''Weis Premium Meats 90/10 Ground Beef Sirloin Patties.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1.3-pound packages of ''Weis Premium Meats Meatloaf Mix, Beef, Pork and Veal with Natural Flavors.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1.3-pound packages of ''Weis Premium Meats 80/20 Ground Beef for Chili.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1.3-pound packages of ''Meat Loaf Mix, Made with Beef, Pork, Veal, with Natural Flavors.'' Each package bears a Use by/freeze by date of 10/19/2007 or 10/22/2007.
• 1.25-pound packages of ''Meatloaf Mix, A Blend of Fresh Ground Beef, Pork & Veal, All Natural.'' Each package bears a Use by/freeze by date of 10/31/2007.
• Various weight packages of ''85/15 Coarse Ground Beef for Chili Meat, All Natural.'' Each package bears a Use by/freeze by date of 10/31/2007.
• 1.3-pound packages of ''Ground Beef Chuck for Chili 80/20.'' Each package bears a Use by/freeze by date of 10/19/2007 or 10/22/2007.
• 1.3 pound packages of ''Price Rite 85% Lean, 15% Fat Ground Beef.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1.3 pound packages of ''Price Rite 80% Lean, 20% Fat Ground Beef.'' Each package bears a Use by/freeze by date of 11/03/2007.
• 1.3 pound packages of ''Price Rite Meat loaf mix.'' Each package bears a Use by/freeze by date of 10/31/207 or 11/03/2007.

1 mil. pounds of beef possibly tainted by e-coli recalled [AP]
(Photo: hans s)

Several people have become ill from eating these pizzas, so please, please throw them away. The code "EST. 7750" will be located inside the USDA mark of inspection as well as a "best if used by" date on or before "02 APR 08 WS."

The USDA says: "The company applies the "best if used by date" on the package based on a 155-day shelf life, however consumers are urged to look in their freezers for similar frozen pizza products and discard them if found. "

So far there have been illnesses reported in Illinois (1), Kentucky (3), Missouri (2), New York (2), Ohio (1), Pennsylvania (1), South Dakota (1), Tennessee (8), Virginia (1), and Wisconsin (1). Don't mess with these pizzas. Throw them away. For a complete list of the recalled pizzas, click here.

Ohio Firm Recalls Frozen Meat Pizzas Due to Possible E. coli O157:H7 Contamination [USDA]

Canada seems have reached a similar conclusion, although, being Canadian, they announced it in a more polite and understated way. (Those stupid Canadians!)

Some 45 cases of illness caused by E. coli were reported in five Canadian provinces from July to September, including one death, said the CFIA in a statement. It said genetic testing found "the same unique E. coli pattern" in beef from an unnamed meat facility in Alberta that is "currently not operating."

The original measure, snuck into the farm bill this past summer for largely pork barrel reasons, reduced federal regulation of small meat companies without specifically laying out a protocol that would guarantee federal inspection levels. And yeah, we know that federal inspection levels aren't exactly anything to be proud of, but they're better than nothing. Thankfully, other more responsible politicians have stepped up to develop a plan that would guarantee meat from small companies will still be inspected at the same level, whether by a state or federal agency, if they want to ship across state lines.

We're glad to see that this modified plan is being suggested that grants more independence to states while also providing a baseline of regulatory guidelines—it would be nice if the Consumerist didn't have to spend all of 2008 reporting state-by-state E. coli outbreaks.

"CFA, Consumer Groups Join Labor, Farm Groups and State Departments of Agriculture to Assure All Meat and Poultry Shipped Across State Lines Will Remain Subject to Federal Meat and Poultry Inspection Laws, Regulations and Policies" [Consumer Federation of America] (pdf file)

RELATED
"Bill would reduce meat inspections" [Chicago Tribune]
(Photo: Getty)

All of the banned poultry plants were major suppliers of U.S. poultry to Russia and are some of the most efficient facilities in the country, the export council said.

At least three of the poultry plants participate in a model U.S. Agriculture Department program to improve the efficiency of meat and poultry inspections and improve food safety, the council said.

The U.S. poultry industry has about 100 chicken plants and the loss of the 17 processing plants should not greatly disrupt business, said Paul Aho, an economist with the consulting firm Poultry Perspective.

"Russia banning us is not good news. But, it doesn't really influence things too much. There are 100 plants or more and the others ones can send it to Russia," said Aho.

Russia to ban some U.S. chicken/pork [Reuters]
(Photo: nukeit1)

After the Jack in the Box case, the USDA required each meat plant to adopt a Hazard Analysis and Critical Control Point plan. The plans let companies design their own food safety measures, usually around the need to process beef quickly.

"HACCP is an internationally recognized, prevention-based food safety program," Eamich said. "Inspection personnel have full authority to take immediate action to prevent the entry of adulterated products into commerce."

The hope was that meatpacking plants would adopt better practices. But inspectors today say their jobs have been reduced to monitoring a company's hazard analysis plan, instead of enforcing USDA's own inspection regulations.

"They [meatpacking companies] write their own plan," said one inspector, who asked to remain anonymous. "They write everything for themselves. We're 'monitoring' that now. It's just a joke. We mostly check paper now. You can put anything you want on paper."

Food inspectors overwhelmed [Chicago Tribune]
(Photo:Michael Berch)

The USDA's Food Safety and Inspection Service is investigating a Missouri facility that produced the batch pot pies. ConAgra, which is offering refunds for purchased pies, "believes the issue is likely related to consumer undercooking of the product" and is considering redesigning the package "to more clearly illustrate different cooking times for Banquet pot pies related to varying wattages of microwaves."

"Health alert on some turkey, chicken pot pies: USDA" [Reuters]
"ConAgra Advises Consumers To Avoid Banquet Turkey" [CNN Money]

The orchard is in its second year of transition to organic, but the fruit will be sold under Stemilt's Artisan Naturals label, promoting its naturally farmed history.

"On produce, food safety is an expectation, and I think the organic sector has higher expectations and we understand that, but we think for naturally farmed products, the first expectation is flavor," said Roger Pepperl, Stemilt director of marketing. "We get a little more because it's a premium product, and we position it as being a premium product.

"But people assume good things when they hear natural, naturally farmed," he said.

Almost-organic fruit may still fetch a pretty penny [AP]
(AP Photo/Elaine Thompson)

From the New York Sun:

"Fraudulent products can be found everywhere in China," an Agriculture Department report on organics noted last year. "Most of the [Chinese] consumers interviewed said they didn't buy and would not buy organic because they don't trust labels or certifications."

Still, organic produce typically sells in China for three to five times the price of conventional produce, the report found. That differential increases the incentive for fraud.

In addition, while a farmer in America or Europe can be fairly confident that a fertilizer or pesticide he buys is what it purports to be, even a well-intentioned Chinese farmer cannot be so sure. A weed-killer billed as all natural might be a potent chemical.

Just because a product is not truly organic does not mean it is dangerous, but the organic label alone does not mark a product as a chemical-repelling beacon of wellness.

China Quietly Muscles In on the Organic Food Market [NY Sun]

From the GAO's report:

USDA has made farm program payments to estates more than 2 years after recipients died, without determining, as its regulations require, whether the estates were kept open to receive these payments. As a result, USDA cannot be assured that farm payments are not going to estates kept open primarily to obtain these payments. From 1999 through 2005, USDA did not conduct any of the required eligibility determinations for 73, or 40 percent, of the 181 estates GAO reviewed. Sixteen of these 73 estates had each received more than $200,000 in farm payments, and 4 had each received more than $500,000.

For 1999 through 2005, USDA paid $1.1 billion in farm payments in the names of 172,801 deceased individuals (either as an individual recipient or as a member of an entity). Of this total, 40 percent went to those who had been dead for 3 or more years, and 19 percent to those dead for 7 or more years.

USDA Needs to Strengthen Management Controls to Prevent Improper Payments to Estates and Deceased Individuals (PDF) [Government Accountability Office]

According to the Washington Post, the statement spoke about contamination in local foods as well as "flawed" exports of pork and poultry.

From the Washington Post:

U.S. news reports are exaggerating the significance of adulteration in products exported to the United States, the statement said, and more than 99 percent of U.S. imports from China were without flaws.

The statement, issued only in Washington, did not mention moves in the United States to protect imports, including a new Working Group on Import Safety established Wednesday by President Bush. The administration denied that the panel was to target China.

The Chinese side hopes that the U.S. side will respect science and treat China's food and drug exports fairly, will not exaggerate or play up individual food safety cases and still less (create a) 'China threat' in the field of food and drugs," the statement said.

Such activities, it said, form "the misimpression among the U.S. public that all food and drugs imported from China are unsafe."

Here's our favorite example of how dumb our food safety system is in the US. There is a different agency in charge of inspecting open faced vs closed faced sandwiches.

Yes. Seriously.

China Says US Food Has Its Own Problems [Washington Post]
(Photo:Ayier)

"No. 1, there's a basic consumer right to know," said Michael Hansen, senior scientist at Consumers Union, an advocacy group that publishes Consumer Reports magazine and supports the labeling law. "People are more and more concerned about the food they eat."

But the labeling law has formidable foes, including the meat lobby, which so far has outmaneuvered its opponents on Capitol Hill. In the years since the labeling law was enacted as part of the 2002 Farm Bill, its opponents have successfully blocked all but seafood labeling from taking effect.

The consumer, upon seeing the U.S.D.A. label, would naturally presume that it's a U.S. product," said Bill Bullard, chief executive of the Ranchers-Cattlemen Action Legal fund, United Stockgrowers of America, an organization of cattle ranchers better known as R-Calf. He said the effect for meatpackers was that "they are able to bring in a cheaper product and sell it under the reputation of the U.S. cattle industry."

Opponents of origin labeling say the measure is simply protectionism, aided by false claims about imported products. American meatpackers may stop buying imported cattle altogether given the costs of segregating and keeping track of such products.

They also say it would be difficult and expensive to label ground meat like hamburger, since it often includes meat from different cows.

"They talk about how the quality is better in the United States," said Mark D. Dopp, senior vice president for regulator affairs and general counsel for the American Meat Institute, a trade group. "The standards are all the same. For these people to talk about how all this inferior product is coming in, it's just nonsense."

Labels Lack Food's Origin Despite Law [NYT]
(Photo: stirwise)

The issue landed in court after Creekstone Farms offended the USDA by constructing a state of the art facility to test for mad cow. The USDA fears that testing will reveal too many 'false positives,' scaring the hell out of consumers and threatening the financial health of the nation's meat industry.

The USDA sued Creekstone in U.S. District Court, where they lost. Judge James Robinson ruled that the USDA: "lacks authority to prohibit the private use of BSE test kits, which are not used in the treatment of BSE, but are used on cattle that are already dead to see if they had significant levels of BSE infection."

This is not over. The USDA won't stop fighting to protect the health of consumers the meat industry, and has vowed to appeal. Until the appeal is resolved, meatpackers won't be able to test their stock for mad cow diesease. — CAREY GREENBERG-BERGER

Government to restrain meatpackers from testing for mad cow disease [AP] (Thanks to Scott)
(Photo: destinelee)

The USDA has proposed to change the "National List of Allowed and Prohibited Substances," to include 38 non-organic ingredients that organic food producers have been mistakenly using in their products, according to the Consumer Law & Policy Blog. The list in question consists of the substances that are allowed in food labeled "organic," and currently contains 5 items.

How were organic food makers getting away with using, for example, non-organic casings for their sausages?

It all began with the Organic Foods Production Act. The act says that only ingredients included in the National List can be used in food labeled organic. The USDA, possibly because they're too busy not protecting our food supply to read laws that pertain to them, said that any ingredient can be added to "organic" food as long as there is no "organic" substitute.

Understandably, these conflicting policies have been causing a lot of confusion. What's the USDA's solution? To change the law to include all the non-organic substances that "organic" food producers have been adding to their products. Most of the ingredients in question are chemicals used for artificial coloring, but the new list also includes hops—meaning that beer made from regular old non-organic hops could be used to make "organic" beer. Also included on the list are Chipotle peppers, with the rationale that the ones from Mexico taste better.

We can only assume that the price tags of these "organic" foods would still reflect that lovely "organic" certification. We're not saying you should only eat organic food or be horrified that there is pesticide on your Chipotle peppers. We're saying you should get what you pay for, and the labeling of "organic" food in the US seems to be broken, or at the very least, misleading. —MEGHANN MARCO

Would you call beer "organic" if it were made with non-organic hops? USDA would. [CL&P]
Proposed Rules [USDA]
(Photo:trufflepig)

Rejected items often reappear at U.S. ports several times; importers gamble that the FDA, which only inspects 1% of regulated imports, won't catch them in the act. Their slip-ups are detailed in stomach-wrenching refusal reports filed by the FDA.

Our puny food safety laws are no match for the wiles of Chinese importers. Federal law only allows the import of meat from foreign factories that have been certified to match domestic safety standards. Since no Chinese factories are currently certified, crafty Chinese meat smugglers simply send us their meat labeled as something else.

Some were shipped in crates labeled "dried lily flower," "prune slices" and "vegetables," according to news reports. It is unclear how much of the illegal meat slipped in undetected.

(Photo: darinmarshall)

That rule is just the first step towards China's true aspiration: to grow, kill, and ship homegrown Chinese chickens to the U.S. If we don't open our gullets wide to their poultry, they won't lift their four-year-old ban on U.S. beef. More frightening:

...permission for China to sell poultry to the United States is moving ahead because recent USDA audits found China's poultry slaughterhouses to be equivalent to those here.

Tony Corbo, a lobbyist for Food and Water Watch, a Washington advocacy group, said that finding — which is not subject to outside review — is unbelievable, given repeated findings of unsanitary conditions at China's chicken slaughterhouses. Corbo said he has seen some of those audits. "Everyone who has seen them was grossed out," he said.

China controls 80 percent of the world's production of ascorbic acid, for example, a valuable preservative that is ubiquitous in processed and other foods. Only one producer remains in the United States, Hubbard said.

"That's true of a lot of ingredients," he said, including the wheat gluten that was initially thought to be the cause of the pet deaths. Virtually none of it is made in the United States, because the Chinese sell it for less than it would cost U.S. manufacturers to make it.

Tainted Chinese Imports Common [Washington Post]
Refusal Actions by FDA as Recorded in Operational and Administrative System for Import Support for China (Mainland) [FDA]

From CBS:

Wal-Mart stores said Tuesday it has given updated guidelines to its employees following a complaint filed with the state of Wisconsin that some foods were incorrectly labeled as organic.

The complaint was filed with the state Department of Agriculture, Trade and Consumer Protection by the Cornucopia Institute, an organic industry watchdog group based in Cornucopia in far northern Wisconsin.

Wal-Mart said that green tags on their shelves, which identify food as organic, may have inadvertently or mistakenly been placed, or accidentally shifted in front of the wrong item.

"Our green organic signing is for additional consumer convenience to show that an organic alternative is available. It is not a label," the company said in a statement. "The USDA (U.S. Department of Agriculture) certification label is featured on the packaging of the organic selections we offer and consumers should always rely on this USDA certification label for proper organic verification."

Wal-Mart Corrects Organic Mislabeling Mistakes [CBS] (Thanks, Peter!)
Mislabeling Organic Food at Wal-Mart [Cornucopia Institute]
(Photo: Cornucopia Institute)

In the most extreme risk assessment scenario, when scientists assumed that all the solid food a person consumes in an entire day was contaminated with melamine at the levels observed in animals fed contaminated feed, the potential exposure was about 2,500 times lower than the dose considered safe. In other words, it was well below any level of public health concern.

Serve us up a bowl of chicken n' pork melamini-o's!

The federal agencies pledged to keep a lookout for imported melamine tainted food. Great, now how about keeping on eye on the rest of the food containing Chinese manufactured ingredients? — BEN POPKEN

FDA/USDA Joint News Release: Scientists Conclude Very Low Risk to Humans from Food Containing Melamine [FDA.gov]
(Photo)

The database is more than two decades old and is used by federal and state agencies, researchers, journalists and private citizens to track government spending. Thousands of copies of the database exist.

U.S. Database Exposed Social Security Numbers [NYT]
(Photo: g-hat)

For the first time, the USDA has granted preliminary approval for large-scale planting of an engineered food crop that contains human genes.

The rice from California-based "pharming" firm Ventria Bioscience was designed to synthesize a human immune protein. The crop will soon be cultivated on 3,000 acres of land in Kansas, if the USDA finalizes its approval after a public comment period that ends March 30.

Science! —MEGHANN MARCO

Rice Containing Human Genes Approved By USDA [BoingBoing]
(Photo:megabn)

Just how messed up is it? Really, really, really messed up.

"The food safety system is further complicated by the subtle differences in food products that dictate which agency regulates a product as well as the frequency with which inspections occur. For example, how a packaged ham-and-cheese sandwich is regulated depends on how the sandwich is presented. USDA inspects manufacturers of packaged open-face meat or poultry sandwiches (e.g., those with one slice of bread), but FDA inspects manufacturers of packaged closed-face meat or poultry sandwiches (e.g., those with two slices of bread). Although there are no differences in the risks posed by these products, USDA inspects wholesale manufacturers of open-face sandwiches sold in interstate commerce daily, while FDA inspects closed-face sandwiches an average of once every 5 years.

High Risk Series: An Update [GAO]