Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

The U.S. Food and Drug Administration announced another massive recall of fresh produce last week, this time for 1,715 cartons of bunched spinach that tested positive for salmonella bacteria in a random test conducted by the USDA. Alarmed by the frequency of foods recalled over bacterial contamination fears, many consumer advocacy groups and legislators have indicted the federal government’s food inspection system, calling for an overhaul of the FDA and USDA systems currently in place. But in an age of mass production and processing that makes cross contamination ever more likely, it’s wise for the consumer to take certain measures to mitigate the risk of becoming sick from tainted food.

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This week the House of Representatives passed legislation representing what would be the largest overhaul of the food safety system in American history. The measure passed the House 283 to 142 with nearly all Democrats and about half of Republicans voting in favor. The Senate is expected to review the bill in the fall after its recess.

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Following an outbreak in October 2007 of salmonella poisoning linked to Banquet brand chicken pot pies, ConAgra, the manufacturer of the pies, immediately began talking food safety. But instead of assuming responsibility for manufacturing a contaminated product that sickened as many as 15,000 people, ConAgra suggested that killing any salmonella bacteria in its products before eating them was ultimately the consumers’ responsibility.

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This week, Food and Drug Administration officials issued an alert warning consumers to avoid eating pistachios and food containing pistachios while it investigates the source of another possible salmonella outbreak.

The FDA announced that Setton International Foods, Inc., a division of Terra Bella Inc., would voluntarily recall approximately 2 million pounds of roasted pistachios that have been shipping since last fall. The investigation and recall come after two people contacted the FDA complaining of symptoms of salmonella poisoning after eating the nuts. Although the link has not yet been confirmed, the plant where the pistachios were processed temporarily shut down last week.

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Last month, inspectors from the Food and Drug Administration visited the Plainview, Texas, peanut processing plant owned and operated by the Peanut Corporation of America. The inspection was ordered after investigators linked a salmonella outbreak that sickened nearly 700 people in nearly every state to the Peanut Corp’s plant in Blakely, Georgia. Shortly after the outbreak, news broke that the company’s sister plant in Texas plant actually operated unlicensed and uninspected for years. Inspectors rushed in.

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Peanut Corporation of America has filed for Chapter 7 bankruptcy in U.S. Bankruptcy Court in Virginia following the recall of peanut products produced in the company’s Blakely, Georgia, and Plainview, Texas, facilities.

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Peanut Corporation of America has shut its Plainview, Texas, plant as federal and state officials continue their investigations into the questionable practices that caused a national salmonella outbreak, spurred one of the country’s largest food recalls in history, killed 8 people, and sickened hundreds more. The Peanut Corp. voluntarily shut down its Texas operations after lab tests indicated the presence of salmonella bacteria in some sample products, according to the Texas Department of State Health Services.

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Federal officials have been reporting that that the Peanut Corporation of America had salmonella-contaminated peanut butter retested in an apparent effort to obtain negative results. however, this week the Food and Drug Administration corrected its report, saying that in some cases the peanut processing plant in Blakely, Georgia, didn’t wait for results of the second tests before sending shipments of peanut butter. In other cases, independent labs hired by the Peanut Corp. found salmonella in some peanut butter, but the company shipped it out anyway, without retesting.

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Most of the news concerning the massive peanut butter recall has focused on the manufacturing facility in Blakely, Georgia where Peanut Corporation of America produced the contaminated peanut butter that sickened so many people. Now Peanut Corporation’s other factory in Plainview, Texas, is in the spotlight because it operated unlicensed and uninspected for nearly four years.

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Seven-year-old Christopher Meunier spent nearly a week in the hospital late last year after eating some peanut butter crackers contaminated with salmonella. The boy’s parents, Gabrielle and Daryl Meunier of Burlington, Vermont, are now suing the Peanut Corporation of America for an undisclosed amount of money.

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