Earlier this year J. Patrick Boyle, President and Chief Executive of the American Meat Institute, wrote in part in the New York Times:  “Since 1999, the incidence of E. coli in ground beef samples tested by the Agriculture Department has declined by 80 percent to a fraction of a percent, a level once thought impossible.” At the time I agreed with Mr. Boyle. In fact, according to the Centers for Disease Control and Prevention, E. coli outbreaks linked to tainted meat declined by 42 percent.  But something has changed, and it has not changed for the better. 

Here are the facts.  A decade ago most of my clients were sickened by E. coli-tainted meat. In fact, between 1993 and 2002 I recovered over $250 Million from the meat industry and restaurants in verdicts and settlements on behalf of those clients, mostly children with kidney failure caused from consuming E. coli-tainted hamburger.  And, then it stopped.  From 2003, 2004, 2005, and 2006 and through the spring of 2007 there were few recalls or illnesses tied to hamburger.  I did not sue the meat industry often and I touted it, as a model of what an industry could do that was right to protect consumers.

But then it changed this spring.  Since April of this year, nearly 30,000,000 pounds of red meat, mostly hamburger, has been recalled.  E. coli illnesses once on a downturn have spiked.  Kids are getting sick; seriously sick again.  For example, at 2:00 this morning, Topps Meat Company expanded its 300,000-pound recall to include 21,700,000 pounds of ground beef; as of this morning 25 people are sickened in eight states.  This recall tops the Con Agra recall of 19,000,000 pounds in 2002 that sickened over forty and killed one and is just under the 25,000,000 pounds recalled by now-bankrupt Hudson Foods in 1997.  And, this is not the first time Topps was caught selling E. coli contaminated meat.

Other outbreaks and recalls in the last few months include:  (1) six people in Washington, two people in Oregon and one in Idaho who became sick from E. coli-tainted organic beef ground by Interstate Meat.  42,000 pounds of meat was recalled.  (2) Thirteen people have been confirmed ill with E. coli infections after eating ground beef produced by United Food Group sold in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and Montana. Over 5,700,000 pound of meat have been recalled.  (3) Tyson Fresh Meats recalled 40,440 pounds of ground beef products due to possible contamination with E. coli.  (4) Seven Minnesotans were confirmed as part of the E. coli outbreak that prompted PM Beef Holdings to recall 117,500 pounds of beef trim products that was ground and sold at Lunds and Byerly’s stores.  (5) Twenty-seven people have been confirmed ill with E. coli infections in Fresno County. The Fresno County Department of Community Health inspected the “Meat Market” in Northwest Fresno, the source of the outbreak.  (6) At least two people were confirmed ill with E. coli infections in Michigan after eating ground beef produced by Davis Creek Meats and Seafood of Kalamazoo, Michigan. The E. coli outbreak prompted Davis Creek Meats and Seafood to recall approximately 129,000 pounds of beef products that were distributed in Arkansas, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.  (7) Three Napa Valley children became sick from hamburger patties sold at a St. Helena Little League snack shack.  100,000 pounds of hamburger (that was a year old) was recalled.  And, (8) Several people were confirmed ill with E. coli infections in Pennsylvania after eating E. coli-contaminated meat products at Hoss’s Family Steak and Sea Restaurants, a Pennsylvania-based restaurant chain that purchased its meat from HFX, Inc., of South Claysburg, Pennsylvania. As a result of the outbreak, HFX recalled approximately 4,900 pounds of meat products.

One would think that with hundreds of Americans poisoned that Congress would ask one simple question – “What is going on?”  Congress needs to act now.  It is time for Congress to accept a leadership role and call hearings, not only to explore the reasons for the past months’ outbreaks, but also to help prevent the next one. Congress must reach out to all facets of the meat industry, from “farm to fork,” to consumers who bear the burden of illnesses, and to academics and regulators to find reasonable, workable solutions to prevent meat-related illnesses. More regulation may not help. Testing all products may not be feasible. More funding for enforcement for the CDC and USDA may not work. And, more funding for university research may also not be the answer. However, getting all to the same table is a start. Congress needs to do the inviting.

William D. Marler of Marler Clark LLP PS, (www.marlerclark.com) is a trial lawyer who represents victims of food-borne illnesses, and the father of three daughters.  Bill comments on food safety at www.marlerblog.com and can be reached at 1-206-719-4705.  A comprehensive overview of the problem can be found at: www.marlerblog.com/2007/09/articles/case-news/e-colitainted-hamburger-recalled-by-topps-tops-21700000-pounds/

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I'm not talking about the Buffalo Bills' offense.  The NFL has according to this story discussed a problem with bird poop falling on patrons and into their food and beverages, in Cincinnati's  Paul Brown Stadium.

Operators of Paul Brown Stadium want permission from the city to kill birds the birds by allowing stadium employees who are familiar with firearms be allowed to shoot birds a few days prior to an event, adding that company officials believe the shooting to be a “cost-effective way to get this problem under control.”

The bird problem reportedly solved itself initially, with fan noise on game days driving the birds away, said Bob Bedinghaus, the Bengals’ director of development. But the birds apparently have adapted. In fact, pigeon poop has become such a big problem around the National Football League, he said, that officials have discussed it at league meetings and stadium management meetings.

Poop falling into food and on patrons is probably not a good idea.

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The Topeka Capital-Journal has reminded its readers that children, the elderly and people with weakened immune systems shouldn’t be served unpasteurized apple juice or other unpasteurized products, such as apple cider.

As with raw milk, there are many people who seek unpasteurized juice and cider on the misguided belief that the more natural the food, the better -- tastier, healthier, and safer.

However, due to outbreaks of salmonellosis, E. coli, cryptosporidiosis, cholera and other serious illnesses from unpasteurized juices and apple cider, the FDA requires that virtually all fruit and vegetable juice producers follow HACCP controls using technologies such as heat pasteurization or UV treatment. All apple cider sold in the US, other than sales directly to consumers by producers, must be produced using HACCP principles to achieve a 5-log reduction in pathogens.

So, if you happen to come along a roadside stand, or a shack with a fridge full of unpasteurized apple cider while touring country roads and enjoying fall's splendor, don't be tempted. It doesn't matter how much you like the person selling the product, be informed that consumption (without boiling) carries a risk of foodborne illness. And please, avoid serving unpasteurized products to those most at risk -- your children.

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    The Rhode Island Oyster Gardening for Restoration and Enhancement program at Roger Williams University is putting oysters in the state's waterways to filter out pollution and rev up the ecosystem.

     Each little sucker takes in up to 50 gallons of water in a day, clearing out pollutants, plankton, and silt so that the water is nice and clean for the aquatic plants below.  These plants, along with tiny fish that like to live in the oyster beds, attract winter flounder and lobster can be harvested for us to eat. The area's aquaculture producers are happy about that one.

    The oysters also clean up after crop fertilizers.  Nitrogen from agricultural runoff is sucked up and oxygen abounds for our newfound aquaculture. 

    Clean water, more food, and a pick-up system for ag chemicals. I, for one, am impressed. All hail the mighty oyster: saving the world one sucker at a time.

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In a bizarrely inaccurate statement, Owen Roberts, a public relations-type for the University of Guelph in Canada, wrote in the local paper on Monday after his latest junket to a conference for agricultural journalists in Japan that,

"The Japanese government is trying to solve the food safety and self-sufficiency problems in one clean sweep by convincing consumers that the only safe food product is locally grown. Unfortunately they've experienced a few hiccups along the way -- an E. coli outbreak in 1996, a foot and mouth problem in 2000, BSE in 2001, and an "inappropriate" food labelling problem in 2002.

"Even so, nobody in Japan ever died from any of these scares. So why are the Japanese so paranoid?"

Huh?

In the summer of 1996, over 9,500 Japanese, largely schoolchildren, were stricken with E. coli O157:H7 and 12 were killed, most likely linked to the consumption of raw radish sprouts.

In July, 2000, an outbreak of Staphylococcus aureu in Snow Brand milk sickened 14,700 after workers failed to clean factory pipes for weeks.

In Aug. 2002, five elderly patients died from E. coli O157:H7 linked to food served at a nursing home.

There have been dozens of other outbreaks of foodborne illness  in Japan -- and in every other country -- involving not only death but countless untold illnesses. Healthy skepticism seems warranted. Especially of PR-types.

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The Northwest Herald in Illinois notes that indoor playgrounds are not regulated or inspected by the county or state health departments.

Debra Quackenbush, McHenry County Department of Health spokeswoman, was cited as saying that the department did not regulate indoor playgrounds.

State Rep. Jack Franks, D-Woodstock, was cited as saying the lack of regulations for play equipment could explain why his sons contracted pink eye several times after visiting indoor playgrounds when they were younger, and that self-regulation for restaurant operators, without the threat of punishment, did not work.

Franks was further cited as saying that the county health department should be responsible for making sure that indoor playgrounds were sanitary, adding, "The health department inspects the cleanliness of the restaurant. How much harder would it be to also make sure that the play area is clean?"

Managers of local Burger King and McDonald’s restaurants were cited as telling the Northwest Herald that an outside company cleaned the inside of their play tubes once a month, adding that employees sanitized the play area throughout the day and cleaned it at the end of the workday.

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The Melbourne Magistrates Court was told that barmaid Emily Craig, 22,  served a drunk customer a shot of Pine-o-Cleen as a joke at a Melbourne nightclub causing him to become violently ill.

The story says that the customer vomited in the street outside the Evolution nightclub in inner city Prahran before an ambulance was called.

Ms Craig's defence counsel George Balot was cited as telling Magistrate Bill O'Day that the incident happened at 6.15am, on March 4, adding, "I will be putting to you this was a misguided joke at an ungodly hour. It is not a malicious act."

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The Effingham County Health Department in Illinois is investigating at least six confirmed cases of E. coli O157, all linked to eating at El Rancherito restaurant in Effingham at I-57 and I-70. The health department says the restaurant is cooperating and has been closed since Thursday.

And in neighboring Indiana, two students have been confirmed with E. coli O157:H7 and several others are showing symptoms. Hundreds of elementary students were apparently sent home with warning letters on Friday.

One of Seattle attorney Bill Marler's many blogs, http://www.about-ecoli.com/, has lots of background information on E. coli.

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Gee's Garden Bistro, 1145 N. Alvernon Way, Tuscon, Arizona, failed an unannounced restaurant inspection July 17. And a re-inspection July 27; and Aug. 8 and Aug. 21.

So the Pima County Health Department tried a new strategy - intervention.

Sharon Browning, director of Pima County's Consumer Health and Food Safety unit, told the Tucson Citizen that Gee's is the first restaurant to go through the county's intervention program, devised in 2002, stating,

"It's not like a last resort, but it's close. We're trying to allow these people to stay open while they make significant changes, and it's a tool that's been in our toolbox, but one we'd never used until now."

The intervention period will include unannounced inspections at irregular intervals through January, at which point the restaurant could regain its regular license or have it revoked.

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