Salmonella-contaminated meat legal. A lawyer tries to change that.
Philadelphia-- In 2018, JBS beef recalled 12 million pounds of beef because it was contaminated with Salmonella. By the time the outbreak was over, more than 400 people were sick.
While a recall occured, the U.S. Department of Agriculture still refused to institute a ban on dangerous forms of Salmonella. Now food safety lawyer, Bill Marler, is again trying to change that.
In January, Marler filed a petition with the Food Safety and Inspection Service (FSIS) to make 31 strains of Salmonella that are particularly dangerous an adulterant. Four of them are antibiotic resistant. And they include the strain, Newport, identified in the outbreak tied to JBS Beef..
Right now, slaughterhouses are governed by a performance standard that allows for a certain percentage of samples to be contaminated. Businesses are required to enact control measures to keep contamination below that level, but otherwise do not have to take action. That is potentially how contaminated meat reaches the food supply.
But if Salmonella is declared an adulterant, that would change. It basically enacts a zero-tolerance policy, where food suppliers have to ensure no samples appear contaminated or otherwise prevent that batch of food from reaching people’s plates.
The FDA already has this policy for food they oversee, like produce and processed food. But FSIS has taken a different approach for a few reasons. They explained when rejecting a petition years ago by the Center for Science in the Public Interest that Salmonella did not meet the standard because:
The pathogen can be killed when cooked to appropriate temperatures
The distinguishing characteristic of antibiotic resistant bacteria was ill-defined at the time
Antibiotic resistant strains are no more heat resistant than other strains
JBS REVEALS THE DANGER
ON OCTOBER 4, 2018, JBS Tolleson Inc. announced a recall for 6.9 million pounds of various raw beef products as a result of Salmonella contamination—this was later expanded to more than 12 million pounds. This was more than four-times the amount of beef recalled in the previous 3 years combined. JBS Tolleson is a part of the US branch of the world’s largest meatpacking company, JBS S.A., which has 22 percent of the market-share of beef.
This outbreak of Salmonella Newport, an antibiotic resistant strain, has caused at least 333 illnesses and 91 hospitalizations in 28 states. Antibiotic resistant bacteria are particularly dangerous because they cannot be easily be treated. In fact, this serotype of Salmonella has been linked to fourteen independent outbreaks that caused over 800 illnesses, 126 hospitalizations and 4 deaths.
Under current policy, even if JBS found Salmonella contamination during testing of their beef, they wouldn’t be required to refrain from selling the tested batch because the pathogen is not considered an adulterant. This has created a food safety regime where companies retrospectively recall contaminated meat only after major outbreaks are identified. This policy is riskier for beef which is often not cooked to the necessary 165 degrees to kill Salmonella, as is recommended for chicken.
Consumer groups and legislators have long fought to change this policy. In 2014, FSIS rejected a petition from The Center for Science in the Public Interest (CSPI) to declare four strains of antibiotic-resistant Salmonella as adulterants in meat and poultry. They claimed they needed more data linking resistant Salmonella and illness, despite the numerous scholarly articles and real-world evidence.
In 2015, Senator Kirsten Gillibrand introduced the Meat and Poultry Recall Notification Act, which would give the USDA mandatory authority to recall food if they find an adulterant or contamination. However, this attempt by legislators and advocates to make progress on this commonsense issue did not even leave committee.
Outbreaks like this are probably preventable if we change the rules that determine what products can be sold. The FDA already considers Salmonella an adulterant, and it is necessary that the USDA/FSIS follows suit.
SALMONELLA PETITION AWAITS RESPONSE
In the last seven years, the most hazardous meat and poultry recalls have nearly doubled. Some of those are tied to Salmonella, which sickens more than 1 million people a year. The petition notes:
“Accordingly, the petitioners urge the administration of FSIS to issue an interpretive rule declaring Outbreak Serotypes of Salmonella adulterants within the meanings of the FMIA and PPIA, ” the petition says. “By banning recurring serotypes in meat and poultry products, FSIS will take a significant leap forward in ensuring the safety of American consumers. As the burden of Salmonella infection within the U.S. steadily increases, immediate action on this issue is critical.”
Marler and others are still awaiting a response from FSIS.
