Lettuce and Spinach   Over 23 E. coli outbreaks since 1995 – – Hundreds of reported illnesses – – Several deaths   Fresh or fresh-cut lettuce or spinach.

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Presentation transcript:

Lettuce and Spinach   Over 23 E. coli outbreaks since 1995 – – Hundreds of reported illnesses – – Several deaths   Fresh or fresh-cut lettuce or spinach   9 outbreaks traced back to produce from Salinas, California

2006 Wendy’s E. coli Outbreak   Utah - June 2006   E. coli O21:H19 – only 3 culture-positive cases, although over 50 cases probable   3 HUS, 2 adult women,1 with 30 days, the other with 4 months of dialysis   Likely lettuce from California

Dole and Natural Selections – Fall 2006   205 persons infected with outbreak strain of E. coli O157:H7 from 26 states.   102 (51%) hospitalized   31 (16%) developed hemolytic-uremic syndrome (HUS)   Three confirmed deaths – likely five

Dole and Natural Selections – Fall 2006   E. coli O157:H7 – – Isolated from 16 packages of DOLE spinach – – “DNA fingerprints” of all 16 match the outbreak strain – – Supplied by patients living in 10 states – – Eleven packages with lot codes consistent with a single manufacturing facility on a particular day

Taco E. coli Litigation Status   Multiple lawsuits filed in Courts in a 5 States   Taco Bell and Ready-Pac   Taco John’s and Bix   Lettuce supplier to Bix - Outbreak PFGE found on nearby Farm

Aunt Mid’s E. coli Lettuce  At Least 40 cases in Illinois, Michigan, Ohio and Canada  Tracebacklooking at Salinas,Michigan,and California Central Valley

What Could Irradiation Prevent?

FDA Final Rule (73 FR 49593)  Fresh Iceberg lettuce and Spinach – “reduce the level of potentially dangerous microbial pathogens….The FDA has assessed the safety … and has concluded that it will not adversely affect the safety of these products.”  However, “Irradiation is voluntary.”

Food Irradiation from a Legal Perspective   Strict Liability – If the foodhas a pathogen and itmakes someone ill – you pay!   So, why Irradiate? – – Reduce risk of illnessesand lawsuits – – Susceptible Populations – the very young and elderly –schools and nursing homes – – Punitive Damages –failure to use may well“constitute a consciousdisregard of a known risk”