Food Safety Culture

  • Posted: August 29th, 2012 - 4:06am by Doug Powell

    With at least two people dead and 178 sick from Salmonella linked to cantaloupe in 21 states, Jim Howell of the Indiana Department of Health told growers improper food handling procedures may be to blame for a good portion of the illnesses.

    But now the Indiana State Department of Health has insisted to the Evansville Courier and Press the report was inaccurate.

    "Consumers are not to blame for the salmonella outbreak, and no member of the ISDH staff has ever stated or insinuated such a claim," said state health department spokeswoman Amy Reel.

    Dr. James Howell, an assistant Indiana State Department of Health commissioner who heads the Public Health and Preparedness Commission, visited melon growers Monday at Vincennes Tractor Inc.

    He was quoted in the Vincennes Sun-Commercial as saying that "most of the bacteria is on the surface" and that "people just need to clean their produce before they eat it." He also reportedly said consumers are increasingly unaware of how to handle fresh produce, reciting the stand-by that home economics needs to be re-introduced in schools.

    Reel said Howell's comments were misconstrued, stating, "Assumptions were made that could detract from the important health message that consumers should be washing all produce to help reduce their risk of any foodborne illness. The current salmonella investigation is ongoing.”

    But washing doesn’t do much, especially with Salmonella on cantaloupe. And what hasn’t been reported anywhere is the food safety precautions undertaken – or not – on the farm; the Food and Drug Administration will figure that out, and I’ll wait for the report.

    There’s a rich tradition of people saying dumbass things in the midst of an outbreak.

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  • Posted: August 25th, 2012 - 3:16pm by Doug Powell

    Tim Chamberlain seems like a nice enough guy. According to the Indianapolis Star he started growing cantaloupe and watermelon on an acre of land and now, 30 years later, he and his wife, Mia, have built Chamberlain Farms into a midsized melon-growing operation, with 500 acres and about 20 employees.

    The U.S. Food and Drug Administration announced earlier this week that the Chamberlains' southwestern Indiana farm "may be one source of contamination" in the salmonella outbreak that has killed two people in Kentucky and sickened 178 people in 21 states.

    The story says it's difficult for the 48-year-old father of four to imagine that his farm could have been a source of such tragedy. He doesn't believe his farm was the source of contamination, though he emphasized that he is not disputing anything public health authorities have said.

    Dan Egel, a Purdue Extension specialist in Vincennes, Ind., said Chamberlain
    has worked closely with the Extension Service over the years on disease and pest control though not specifically on food safety.

    And that could be the biggest clue until the U.S. Food and Drug Administration releases its inevitable report documenting faith-based food safety.

    (Updated: Dan Egel writes, "The reason that Tim Chamberlain and I never spoke about food safety is because food safety is not my specialty. I know for certain that Tim interacted with other Purdue University specialists that are experts on food safety.")

    The effect on others is staggering: Vernon Stuckwish of Stuckwish Family Farms in Jackson County said that initial stigma has "already pretty much destroyed our market."

    Like any other major outbreak, there’s lots of commentary about how the outbreak confirms preexisting notions: that more needs to be done, that federal regulations would have made a difference, that there should be more testing. After 20 years of watching and participating in this food safety stuff, the lack of imagination and creativity is staggering.

    Victims and consumers remain the stray sheep in the food safety marketplace.

    As pointed out by News-Sentinel.com, knowing the name of Tim Chamberlain’s farm does nothing to help consumers. All the talk of traceability is a joke and consumers have no microbial food safety choice at retail.

    Hucksters who promote produce on trust alone are no better than snake-oil salesthingies:

    Kelly's Fruit Market in Madison County is taking extra steps to make sure its customers are safe. "We have the finest produce in Madison County," explains Kelly Ratliff, owner of Kelly's Fruit Market. "We know exactly where all of our produce is coming from and we always make sure it's the highest quality … with most of our produce that we have and that we sell I can tell you every single growers name, who grows it where it's grown and a little bit about their family."

    But can you tell me their water quality testing results? What soil amendments are used? The verification of employee handwashing and sanitation?

    Cantaloupe growers in other parts of the country are frustrated. Probably not as much as the families of the dead and sickened, but frustrated.

    Trevor Suslow, research extension specialist at the Department of Plant Sciences at the University of California-Davis, said he thought more could have been done to educate growers across the country about safe harvesting, handling and distribution in the wake of last year’s deadly listeria outbreak linked to cantaloupe from Jensen Farms in Holly, Colo.

    “I think there was a missed opportunity,” Suslow said Aug. 23. “I wish we could have done a better job of getting existing information to county extension agents and others who were already engaged with the smaller growers.”

    But what about missed opportunities over the past decade? As noted in The Packer, the 10-year anniversary of the Food and Drug Administration’s import alert on Mexican cantaloupe is near, enacted after outbreaks three years in a row (and two deaths) traced to those melons. In doing so, the FDA basically killed Mexican cantaloupes to the U.S. for a few years, giving rise to offshore melon deals in Central and South America.

    The clampdown on Mexican growers forced U.S. import partners to work on food safety protocols for fields and packinghouses in Guerrero, the origin of the banned cantaloupes. The U.S. Department of Agriculture and its Mexican counterpart, SAGARPA, had to sign off on each facility before it was allowed to ship to the U.S. again.

    The U.S. farms central to cantaloupe outbreaks and recalls probably wouldn’t have passed similar scrutiny.

    With 10 years of guidelines, endless outbreaks, the lack of solutions remains stunning.

    The Packer is finally catching on to the notion of marketing food safety at retail, which we’ve been advocating since the 2006 E. coli-in-spinach outbreak.

    “The unwritten rule in the produce industry is that a company should not market its product as safer than a competitor’s.

    “The thinking is that once consumers get in their heads that a fruit or vegetable is more safe, that means another is less safe, and then maybe they’ll avoid the commodity or category altogether.

    “But what if your company or growing region has a strong food safety record, drafted best practices documents, followed and documented them, and then suffers for the second year in a row as a different region’s product kills consumers?"

    Someone could at least try marketing microbial food safety at retail. Nothing else seems to be working. And maybe Tim Chamberlain would be more accountable.

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  • Posted: August 23rd, 2012 - 5:56pm by Doug Powell

    It’s sometimes fun to jibe at health types – local, state, federal – but they have a tough job and I’d be lousy at it.

    JoNel Aleccia of NBC News reports Chinese government officials overseeing plants that make chicken jerky pet treats blamed for thousands of illnesses and deaths among American dogs have refused to allow U.S. inspectors to collect samples for independent analysis, newly released records show.

    Investigators with the federal Food and Drug Administration came away empty-handed after conducting April inspections at four jerky treat manufacturing sites in Liaocheng and Jinan, China, according to the records.

    The plants make pet treats sold by the St. Louis-based Nestle Purina PetCare Co., including the popular Waggin’ Train jerky brands.

    Chinese officials stipulated that FDA officials could collect samples only if they agreed to specific conditions, including a requirement that the samples be tested in Chinese-run laboratories.

    As a result, “no samples were collected during this inspection,” wrote Dennis L. Doupnik, an FDA investigator who visited the sites.

    In addition, the reports showed that the Chinese plants conducted either no laboratory tests or only sporadic tests of the raw materials, including meat used in treats fed to many of the 78.2 million pet dogs in the U.S.

    But where’s the company at the center of some 2,000 pet illnesses, Nestle Purina? Hiding behind government, although the company makes the profit.

    Elizabeth Mawaka, 57, a Hartford, Conn., woman who says her two Boston terriers, Max and Toby, died after eating tainted treats, got it right when she called on Nestle Purina to demand that samples be released to the FDA.

    “It really comes down to the company,” said Mawaka, who is suing jerky treat makers and retailers. “We can talk all we want about China, but it’s really the company.”

    However, a Nestle Purina spokesthingy said the inspections demonstrated no problems with the firm's products, no evidence that they’ve led to illnesses in animals in the U.S., and that the terms of the inspection were set by the U.S. and Chinese governments, not by Nestle Purina or the manufacturing site officials.

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  • Posted: August 23rd, 2012 - 1:51pm by Ben Chapman

    Author: 
    Ben Chapman

    "We were finding that deaths, for example, from foodborne illness or intestinal infections goes up from anywhere between 50% and 100%, so a doubling in some instances."

    That's what Jonathan Klick, a University of Pennsylvania Law professor states in reference to what he says is a major public health risk: jurisdictions enacting plastic bag bans that result in the increased use of reusable bags. Citing unshown and unpublished data from San Francisco, Klick also says "More people are showing up in the emergency rooms, and it turns out they have E. coli infections…"

    He implies those infections and illnesses can be traced to reusable bags. Uh huh.

    According to The PERColator, Klick investigated the economic trade-offs of reusable bags during a fellowship funded by the Property and Environment Research Center this summer and he apparently has data to back this up, but I'm guessing here (because nothing is cited).

    In research carried out at PERC this summer, Jonathan Klick, a PERC Lone Mountain Fellow, argues that reusable grocery bags contain potentially harmful bacteria, especially coliform bacteria such as E. coli. Klick finds that, in the wake of San Francisco’s ban, deaths and ER visits related to these bacteria spiked as soon as the ban went into effect. For more on this ongoing research, watch our interview with Klick (I've embedded it below -ben)

    Klick says "There have been some science folks, who have done some studies…" and then a few stats are flashed up:

    - 51% of tested bags contained coliform bacteria

    - Bacteria grows even faster if stored in a car

    Those science folks are Williams and colleagues (2011) who have published the only peer-reviewed study on the microbial safety of reusable bags and they tested 58 bags taken from shoppers in Arizona and California.

    And E. coli matters more than coliform, since the group of bacteria is commonly found on plant material and is not a good indicator of pathogen presence on food. At least E. coli demonstrates that a pathogen might be there. The Williams study showed generic E. coli can float around in bags - they recovered it in 12% of what they sampled (n=58).

    An unanswered question is can it be (or is it likely) to be transferred to any ready-to-eat foods, or somehow to food contact surfaces in the home? Seems like that matters. Just because the bacteria might be there, doesn't mean it can contaminate a ready-to-eat food. No one has presented data to support that.

    Williams and colleagues also tested growth of Salmonella in 2 batches. They spiked the bags with 10^6 cfu and let them sit in the trunk of a car for 2 hours. One of the batches, where the temperature reached 47C/117F, showed a one-log increase in the Salmonella. The other batch, where the temperature reached 53C/124F, there was a one-log reduction. That data doesn't show just a breeding zone - it shows they can be a killing zone too (and I'm not sure how realistic a 10^6 contamination really is).

    Shiny YouTube videos with dramatic music can grab attention - but without sharing the data and showing his work, Klick isn't saying much.


     

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  • Posted: August 23rd, 2012 - 11:32am by Ben Chapman

    Author: 
    Ben Chapman

    The newest food safety infosheet, a graphical one-page food safety-related story directed at food businesses, is now available

    Food Safety Infosheet Highlights:

    - Outbreak has led to 2 deaths and 178 illnesses and is associated with cantaloupes sold by Chamberlin Farms, located in Owensville IN.


    - Chamberlin Farms has announced a recall; the investigation is continuing as it is possible that there are other sources of illnesses.


    - Refrigerate cantaloupes quickly after slicing. Bacteria such as Salmonella and Listeria can grow quickly on the orange flesh of the fruit when held above 41°F.


    - Due to the roughness of the rind, it is difficult to wash away much of the bacteria.


    - Using a scrub brush under running water (especially at the cut point) can reduce the risk of pathogen introduction.

     

    Food safety infosheets are created on a regular basis and are posted in restaurants, retail stores, on farms and used in training throughout the world. If you have any infosheet topic requests, or photos, please contact Ben Chapman at benjamin_chapman@ncsu.edu.
     

    Click here to download.

     

     

     

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  • Posted: August 19th, 2012 - 10:15pm by Doug Powell

     “I know who grows the product and how it’s cared for, so that eliminates any concern, any danger or quality issues.”

    That’s a farmer defending the quality of his cantaloupe at a farm stand in Indiana, and it’s included in the video accompanying a USA Today story tomorrow.

    I’d prefer some data along with the faith.

    Liz Szabo writes consumers are once again doubting the safety of cantaloupes, a year after a deadly outbreak of food poisoning caused by tainted melons killed at least 30 people and sickened 146 people.

    In the latest outbreak, the Centers for Disease Control and Prevention says two people have died and 141 have fallen ill in 20 states in a salmonella outbreak linked to contaminated cantaloupe grown in southwestern Indiana. Thirty-one victims have been hospitalized. Both deaths were in Kentucky.

    Food-safety advocate Nancy Donley says she's "hopping mad" over the latest outbreak. "These illnesses and deaths are preventable," says Donley, a spokeswoman for STOP Foodborne Illness. Her group has urged the Food and Drug Administration to more quickly put out new rules and regulations, based on authority from 2010 legislation. "This shouldn't have happened."

    A cantaloupe's rough, porous skin is an easy target for bacteria, which cling to the bumps on its surface. Cantaloupes growing on the ground can also pick up dirt and germs from manure that runs off from livestock fields, says Douglas Powell, a professor of food safety at Kansas State University.

    It's almost impossible for consumers to adequately wash cantaloupes at home, he adds. The knives used to cut cantaloupes transfer bacteria to the inside.

    A table of cantaloupe-related outbreaks is available at http://bites.ksu.edu/cantaloupe-related-outbreaks.

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  • Posted: August 19th, 2012 - 3:57pm by Ben Chapman

    Author: 
    Ben Chapman

    Lots of people make great-tasting homemade foods like dips, pickles or salsa. But, just like opening a restaurant isn't as simple as throwing good dinner parties, moving a good product into commercial production takes a lot of work - including recognizing hazards and controlling them.

    To reduce risks to business and brand damage, food retailers usually place a lot of requirements in place for suppliers prior to carrying their products - things like proof of inspection, a validated process, visits to the processor and insurance. These precautions don't eliminate problems but are an indicator that a retailer is paying attention.

    While requirements like these are anecdotally reported at some farmers' markets, the same level of vendor verification isn't always in place.

    One of the ultimate truths in food safety is that putting low acid foods in a jar and sealing them without either acidifying (with vinegar/fermentation) or processing correctly is a bad idea. Correctly means that someone has validated the process and the operator knows how to verify that their procedure works every time.

    In June 2012, the California Department of Public Health (CDPH) urged people to avoid and dispose of One Gun Ranch and Organic Soup Kitchen soups sold at farmers markets in California because they potentially contained botulinum toxin. The vendors involved were quoted as saying they didn't know the rules (or the risks). Although none of the products tested positive for the toxin (fortunately), the process/procedure to limit the germination of Clostridium botulinum and toxin outgrowth wasn't validated by anyone.

    CDPH is yet again warning patrons of a couple of California farmers markets to avoid a vendor's wares (those produced by 7TH Heaven Gourmet) for the same reason - lack of validated processing.

    No illnesses have been linked to any of the affected products at this time.

    7th Heaven Gourmet of Hesperia, California is voluntarily recalling the following varieties of spreads: Pate Mediterraneo and Eggplant & Shitake Tapenade.  These products were sold under the 7th Heaven Gourmet label and packaged in 8 ounce, glass jars with screw-on metal lids.  These food products lack production or date codes.  Photos of affected products may be obtained HERE.

    7th Heaven Gourmet jarred spreads were available for purchase between September 2011 and July 2012, and only sold at the following Farmer’s Markets:

    • Victorville Farmers Market (Victor Valley College) 18422 Bear Valley Rd, Victorville, CA

    • Victoria Garden Farmers Market, 12505 North Mainstreet, Rancho Cucamonga, CA

    Consumers in possession of the recalled products should discard them in the trash.
     

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  • Posted: August 15th, 2012 - 2:38pm by Doug Powell

    Yesterday we joined over 70,000 for our second People’s Day at the Ekka.

    The petting zoo was a mess.

    The Brisbane Exhibition, or Ekka, runs over 10 days and is similar to American-style state fairs or the CNE in Toronto: bad food, hucksters of various wares, a large midway, and the best livestock from across the state.

    There was a petting zoo, a sorta controlled-chaos the like of which I’d never seen (left, exactly as shown) where hundreds of parents and their kids roamed in a large enclosure with goats, sheep, cattle, and shelled out some cash to feed the animals from a cup. Kids were crying and falling in poop, animals were scarfing down food, parents were chatting with friends and not noticing their toddler doing things that shouldn’t be done in a petting zoo.

    At one point, Amy told Sorenne not to put her fingers in her mouth after petting an animal; the mother next to her told her kid, “Yeah, don’t put your fingers in your mouth.”

    Amy couldn’t tell if it was sarcasm or sincere.

    Both hand sanitation and handwashing stations were available at the departure point, which was good, although reminders could have been more effective: the compliance rate appeared low. As Anderson and Weese found in 2011 at a temporary petting zoo in Guelph using video observation, 58 per cent of visitors performed some form of hand hygiene (either using water, soap and water, or hand sanitizer), and two interventions (improved signage while offering hand sanitizer, and verbal hand hygiene reminders by venue staff) were associated with increased hand hygiene compliance. U.K. health officials currently recommend handwashing stations with soap and water only (no wipes or sanitizers).

    There was a person collecting feed cups at the exit (which we did not buy) but she said nothing about handwashing as I left.

    And handwashing is never enough. While some studies suggest inadequate handwashing facilities may have contributed to enteric disease outbreaks or washing hands was protective against illness, others suggest relevant infectious agents may be aerosolized and inhaled. Handwashing tool selection may also contribute to the success of hand hygiene as a preventive measure, as some outbreak investigations have reported alcohol-based hand sanitizer was not protective against illness, especially when hands are soiled.

    All the refs can be found in our recent paper, a sorta secret petting zoo shopper, Observation of public health risk behaviors, risk communication and hand hygiene at Kansas and Missouri petting zoos – 2010-2011.

    Snappy title.

    I’m fine with animal interactions; but people, and organizers, should be a lot more careful than they thought. That’s what I told my 3-year-old’s daycare as they prepared for a chicken coop. I’m not sure people like that message.

    A table of petting zoo outbreaks is available at http://bites.ksu.edu/petting-zoos-outbreaks.

    Erdozain G, Kukanich K, Chapman B, Powell D. 2012. Observation of public health risk behaviours, risk communication and hand hygiene at Kansas and Missouri petting zoos - 2010-2011. Zoonoses Public Health. 2012 Jul 30. doi: 10.1111/j.1863-2378.2012.01531.x. [Epub ahead of print]

    Abstract:

    Observation of public health risk behaviors, risk communication and hand hygiene at Kansas and Missouri petting zoos – 2010-2011Outbreaks of human illness have been linked to visiting settings with animal contact throughout developed countries. This paper details an observational study of hand hygiene tool availability and recommendations; frequency of risky behavior; and, handwashing attempts by visitors in Kansas (9) and Missouri (4), U.S., petting zoos. Handwashing signs and hand hygiene stations were available at the exit of animal-contact areas in 10/13 and 8/13 petting zoos respectively. Risky behaviors were observed being performed at all petting zoos by at least one visitor. Frequently observed behaviors were: children (10/13 petting zoos) and adults (9/13 petting zoos) touching hands to face within animal-contact areas; animals licking children’s and adults’ hands (7/13 and 4/13 petting zoos, respectively); and children and adults drinking within animal-contact areas (5/13 petting zoos each). Of 574 visitors observed for hand hygiene when exiting animal-contact areas, 37% (n=214) of individuals attempted some type of hand hygiene, with male adults, female adults, and children attempting at similar rates (32%, 40%, and 37% respectively). Visitors were 4.8x more likely to wash their hands when a staff member was present within or at the exit to the animal-contact area (136/231, 59%) than when no staff member was present (78/343, 23%; p<0.001, OR=4.863, 95% C.I.=3.380-6.998). Visitors at zoos with a fence as a partial barrier to human-animal contact were 2.3x more likely to wash their hands (188/460, 40.9%) than visitors allowed to enter the animals’ yard for contact (26/114, 22.8%; p<0.001, OR= 2.339, 95% CI= 1.454-3.763). Inconsistencies existed in tool availability, signage, and supervision of animal-contact. Risk communication was poor, with few petting zoos outlining risks associated with animal-contact, or providing recommendations for precautions to be taken to reduce these risks.

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  • Posted: August 15th, 2012 - 2:36pm by Doug Powell

    Yesterday we joined over 70,000 for our second People’s Day at the Ekka.

    The petting zoo was a mess.

    The Brisbane Exhibition, or Ekka, runs over 10 days and is similar to American-style state fairs or the CNE in Toronto: bad food, hucksters of various wares, a large midway, and the best livestock from across the state.

    There was a petting zoo, a short of controlled-chaos the like of which I’d never seen (left, exactly as shown) where hundreds of parents and their kids roamed in a large enclosure with goats, sheep, cattle, and shelled out some cash to feed the animals from a cup. Kids were crying and falling in poop, animals were scarfing down food, parents were chatting with friends and not noticing their toddler doing things that shouldn’t be done in a petting zoo.

    At one point, Amy told Sorenne not to put her fingers in her mouth after petting an animal; the mother next to her told her kid, “Yeah, don’t put your fingers in your mouth.”

    Amy couldn’t tell if it was sarcasm or sincere.

    Both hand sanitation and handwashing stations were available at the departure point, which was good, although reminders could have been more effective: the compliance rate appeared low. As Anderson and Weese found in 2011 at a temporary petting zoo in Guelph using video observation, 58 per cent of visitors performed some form of hand hygiene (either using water, soap and water, or hand sanitizer), and two interventions (improved signage while offering hand sanitizer, and verbal hand hygiene reminders by venue staff) were associated with increased hand hygiene compliance. U.K. health officials currently recommend handwashing stations with soap and water only (no wipes or sanitizers).

    There was a person collecting feed cups at the exit (which we did not buy) but she said nothing about handwashing as I left.

    And handwashing is never enough. While some studies suggest inadequate handwashing facilities may have contributed to enteric disease outbreaks or washing hands was protective against illness, others suggest relevant infectious agents may be aerosolized and inhaled. Handwashing tool selection may also contribute to the success of hand hygiene as a preventive measure, as some outbreak investigations have reported alcohol-based hand sanitizer was not protective against illness, especially when hands are soiled.

    All the refs can be found in our recent paper, a sorta secret petting zoo shopper, Observation of public health risk behaviors, risk communication and hand hygiene at Kansas and Missouri petting zoos – 2010-2011.

    Snappy title.

    I’m fine with animal interactions; but people, and organizers, should be a lot more careful than they thought. That’s what I told my 3-year-old’s daycare as they prepared for a chicken coop. I’m not sure people like that message.

    A table of petting zoo outbreaks is available at http://bites.ksu.edu/petting-zoos-outbreaks.

    Erdozain G, Kukanich K, Chapman B, Powell D. 2012. Observation of public health risk behaviours, risk communication and hand hygiene at Kansas and Missouri petting zoos - 2010-2011. Zoonoses Public Health. 2012 Jul 30. doi: 10.1111/j.1863-2378.2012.01531.x. [Epub ahead of print]

    Abstract:

    Observation of public health risk behaviors, risk communication and hand hygiene at Kansas and Missouri petting zoos – 2010-2011Outbreaks of human illness have been linked to visiting settings with animal contact throughout developed countries. This paper details an observational study of hand hygiene tool availability and recommendations; frequency of risky behavior; and, handwashing attempts by visitors in Kansas (9) and Missouri (4), U.S., petting zoos. Handwashing signs and hand hygiene stations were available at the exit of animal-contact areas in 10/13 and 8/13 petting zoos respectively. Risky behaviors were observed being performed at all petting zoos by at least one visitor. Frequently observed behaviors were: children (10/13 petting zoos) and adults (9/13 petting zoos) touching hands to face within animal-contact areas; animals licking children’s and adults’ hands (7/13 and 4/13 petting zoos, respectively); and children and adults drinking within animal-contact areas (5/13 petting zoos each). Of 574 visitors observed for hand hygiene when exiting animal-contact areas, 37% (n=214) of individuals attempted some type of hand hygiene, with male adults, female adults, and children attempting at similar rates (32%, 40%, and 37% respectively). Visitors were 4.8x more likely to wash their hands when a staff member was present within or at the exit to the animal-contact area (136/231, 59%) than when no staff member was present (78/343, 23%; p<0.001, OR=4.863, 95% C.I.=3.380-6.998). Visitors at zoos with a fence as a partial barrier to human-animal contact were 2.3x more likely to wash their hands (188/460, 40.9%) than visitors allowed to enter the animals’ yard for contact (26/114, 22.8%; p<0.001, OR= 2.339, 95% CI= 1.454-3.763). Inconsistencies existed in tool availability, signage, and supervision of animal-contact. Risk communication was poor, with few petting zoos outlining risks associated with animal-contact, or providing recommendations for precautions to be taken to reduce these risks.

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  • Posted: August 13th, 2012 - 12:44pm by Ben Chapman

    Author: 
    Ben Chapman

    A colleague at the vet college shared a story with me about restaurant grades a couple of months ago. He and his son went into a local sushi place and it was dead - they had no problem getting a seat during the usually busy lunch rush. He asked the manager what was up and she said that business had been down since they had been given a low score during a routine inspection.

    That made him pause a bit, they ordered lunch and ate, but hadn't been back. I guess some folks do make choices based on posted restaurant grades.

    In New York, inspections and grade postings have been a hot topic for the past few months - and as Doug wrote a few weeks ago, the requisite whining from both sides is a bit tiring.

    In attempt to take the clean doesn't mean safe statement to a more pragmatic level, NYC councilor Christine Quinn is (I think) trying to make the health department to refocus their fine structure away from clean infractions and focus on safety (but it's billed by the New York Daily News as "shrinking penalties for citations that don’t involve food").

    In my ideal regulatory environment fines would be based on risk to public health - and so would disclosure grades.

    “They are definitely working on the bill,” said Robert Bookman, counsel to the New York City Hospitality Alliance, an influential new restaurant group. “There’s a universal feeling among the City Council that something must be done to rein in the Health Department.”

    The likely legislative changes include shrinking penalties for citations that don’t involve food — problems like broken tiles and dented food cans, sources said. The legislation is also expected to waive fines for eateries that score an A after appealing a lower grade.

    If, as expected, the bill clears the Council, it would need a thumbs up from Mayor Bloomberg, who hasn’t shown much of an appetite for overhauling the controversial system.

    City Hall expects to bank a record $48 million in restaurant fines this fiscal year — a 50% increase from the $32 million collected in 2009, budget records show.

    While the fine rhetoric is captivating, the biggest penalty to a restaurant might be a poor risk-based inspection grade.

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