NATIONAL MEAT
ASSOCIATION h 1970
Broadway, Suite 825, Oakland, CA 94612
(510) 763-1533 Fax (510) 763-6186 h Email Address: [email protected] h http://www.nmaonline.org
LEAN TRIMMINGS
Edited by Kiran Kernellu
August 5, 2002
LOTS OF QUESTIONS!
Packers and
processors have plenty of questions about USDA’s pathogen testing and recall
policies, but there is little clear guidance.
Beef production practices are the focus of the questions, and there are
as many answers as there are stars in the sky.
The purpose of this item is to provide some basic guidance for the folks
that make the operating decisions every hour of every day.
Large
quantities of beef, including trim and whole/partial muscle cuts, move through
the system daily, much of it in 2,000-pound combo bins. Varying pathogen-testing schemes are
required by different customers. A suggestion that these be standardized bears
merit, but may not be possible in a competitive free market environment. Since 1999, if a sample was taken from a
combo of raw beef intended for use in raw comminuted product and was reported
positive for E. coli O157:H7, the combo had to be diverted to a further processor
that had a heat kill step or to rendering.
If a single positive combo represented several combos as a lot, the
entire lot was so diverted. Sometimes,
there was a composite sample from the several combos that would permit
re-testing of each combo in the lot for release or diversion. If a combo tested negative, it was
acceptable for comminuted product.
Because it takes at least 24 hours by official testing method to get a
presumptive/negative on a sample for E. coli O157:H7, and four more days
to either clear/confirm a presumptive, it was unlikely that every combo would
be tested. Hold and test for all combos is not practically possible with a
perishable chilled product.
In a draft
Q&A from 1999, when asked if one in ten combos tested positive, FSIS said
that it recommended testing of the other nine combos, but the presumption was
the untested combos were negative. Today, there continues to be a presumption
of negative, unless there is evidence of illness. If there are illnesses, untested combos are likely to be presumed
positive by regulators.
The revised
10,010 Directive uses certification from a slaughterer that they have
interventions and they are working, and provides a “shield” to the further
processor with respect to USDA taking routine samples for testing. FSIS has not
blessed any sub-lotting scheme that to many are simply statistically
insufficient when looking for a randomly occurring event.
Processors
ask: Has the agency changed its policy? The answer is: Not really, but there is
a subtle shift away from a presumption of the negative in the absence of
testing to presumption of positive depending on other possible causative
events. Thus, while the rules have not changed, the real story is that how they
are applied has changed, depending on the events in the distribution and
consumption chain.
In January
1999, FSIS issued a Federal Register Notice that any raw beef intended
for use in raw comminuted products would be “deemed” adulterated if it
contained E. coli O157:H7. The
practical problem with this policy is: What raw beef products are implicated by
a single positive sample? This is not
an easy answer, especially in the case of the large slaughterhouses that
produce hundreds of raw beef combos.
The agency developed a Draft Q & A in 1999 that seemed to resolve this
uncertainty. The person conducting the
test would define what raw products/combos were represented by the sample. A positive finding would render all
represented raw products adulterated unless diverted to cooking under
inspection, to rendering, or to destruction.
A negative finding meant the raw products/combos could be used in raw
comminuted products. That leaves the
issue of raw products/combos that were not tested at all. In these cases, the Draft Q & A
indicated such untested products could be used in raw comminuted products. In effect, the raw products/combos were presumed
to be negative.
However, in
light of the recent 19 million pound recall, much of which involved untested
trimmings, it would seem that reliance on the Draft Q & A's presumption
(that untested equals negative) is no longer valid. If an establishment is implicated in a food borne outbreak, the
presumption apparently will automatically go from negative to positive -- that
any product not tested will be deemed positive and subject to recall. It would seem that while the rules have not
technically changed, in cases of an O157:H7 outbreak, the practical effect is
that there are no rules.
Just as the Draft Q & A does not provide a shield, neither does FSIS Directive 10, 010.1. The purpose of this Directive is to permit a reduced level of agency testing of ground beef if the establishment undertakes certain proactive measures, such as purchasing from a slaughterer that uses a validated intervention and conducts carcass testing. The Directive was never meant to be a lot release program or to insulate a grinder from having to recover product if the slaughterhouse recalled product.
It’s really
tough to run a business in a climate of regulatory uncertainty, especially when
an event in the consumption chain casts doubt on earlier decisions made by
managers in production work. NMA will
work with regulators and with its fellow industry organizations to try to get
the clarifications that are needed for managers to make sound business decisions. We will continue to try to keep members
informed.
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Pro Food Inc.
Northridge, CA
Kathryn Kotula, Consultant
Storrs, CT
SafeFresh Technolgies
Mercer Island, WA
Computerway Food Systems
High Point, NC
Mossberg Sanitation
Great Bend, KS
USFilter
Kinderhook, NY
An update will be released
later this month with complete new member information.
USDA’s
Agricultural Marketing Service has the unenviable responsibility to implement
Congress’ intent for voluntary Country of Origin Labeling (COOL) as expressed
in this year’s Farm Bill. AMS issued a news release on July 25 inviting
comments to supplement those already submitted by various stakeholders. The
voluntary guidelines are to be issued by September 30 so that retailers can
begin labeling beef, pork, lamb, and fish, perishable ag. commodities (fresh
and frozen fruits and vegetables) and peanuts by September 30, 2002. Mandatory
COOL labeling will follow on September 30, 2004.
The law does
not apply to food service establishments, including all those that sell
prepared food to the public. See www.ams.usda.gov/cool/subtitled
for a copy of the legislation.
NMA
will be submitted comments this week to meet the AMS deadline of August 9. They
will include the following points:
The
meat industry needs to have clear and specific information about how to label
blended products – meat from the U.S. and from one or more other countries that
have been blended to produce a comminuted product. Further, the present
livestock trace-back system is inadequate to provide to slaughterers the
citizenship of livestock entering the food system, so who’s responsible for
providing this information? What will be sufficient for verification and
auditing purposes? Also, NMA will ask that the USDA develop an economic impact
and estimate the dislocation that may occur if U.S. retailers prefer to purchase
meat of a single national origin to avoid complex compliance questions.
COOL looks
like another piece of legislation moving towards a veritable train wreck, just
like mandatory price reporting. Congress prescribed deadline dates that only
ensure a speeding train and a bigger wreck. NMA will post its comments on its
web page by Wednesday. We encourage members to send individual letters, or to
submit an endorsement of NMA’s comments to AMS. They can be sent by e-mail to [email protected]. Send a copy to mailto:[email protected].
USDA/AMS Livestock & Seed program issued an updated policy for USDA Beef Carcass Certification Programs on July 25, 2002. It clarifies both the policy for making breed and carcass characteristic claims in a certified program as they are used for the identification of product through to consumers. For a copy, see: http://www.ams.usda.gov/lsg/certprog/beefpol.htm
Over the five years that Jeremy Russell worked at NMA, he gave dozens of press interviews. Most were for print, several were on live radio and a few were for television. He also assisted during annual trips to Washington, DC, as well as at the Summer Board Meetings and Annual Conventions/Biennial Expositions. As well as preparing press materials, ads and general communications surrounding these events, he also organized the last four Sausagefests.
Throughout his time with NMA, Russell has always sought to edit the best newsletters in the industry with diligence, tact and enthusiasm. The newsletters, Lean Trimmings, Herd on the Hill and Heads up for HACCP, are the central creation of NMA’s communications. Russell has written publications that are not only informative but a pleasure to read. We wish him well in his future endeavors as he and his wife relocate to Montana.
The media is a powerful conduit of information. This power, however, can be a double-edged blade to the meat industry. As D.J. Castaldo wrote in the June 2002 issue of Meat Processing Magazine, “Most meat company executives view a call from the media with a mixture of excitement and trepidation.”
There is something to be excited about. The press is the means by which you can highlight achievements, market products, and build rapport with the public. Castaldo wrote about Devault Foods which, through development of good media relations, garnered stories easily used as marketing tools for its sales staff. Recently NMA was able to highlight the technological advances in food safety in the article, “Modern Meat Safety: A Technological Toolbox,” co-authored by Executive Director Rosemary Mucklow. NMA was pleased to show off some of the accomplishments and advances the meat industry has made. In the industry’s continued efforts, the press can serve as our ally in informing the public of our strides.
The press can sometimes elicit trepidation in its “watchdog” role. NMA offers a publication to its members, “Dealing with the Media and the Consumer During a Recall Situation” which provides helpful reminders to help assuage the trepidation. The four basic tenets include:
1. Be prepared – like the good Boy Scout!
2. Be responsive – act swiftly.
3. Control the message, in so much as you can.
4. Be empathetic.
While journalists are often aggressive, they are seeking information. It’s important to avail yourself to a journalist, establishing yourself as a resource. Be honest. As Executive Director Mucklow says, “If you’ve made a mistake, acknowledge it, apologize, and fix it, so that you can move forward.”
The International HACCP Alliance offers a food safety related database on its website. Dr. Kerri Harris, Executive Director of the International HACCP Alliance, leads the project, which resulted from an NMA Education Committee meeting. Harris and Jeff Savell, who oversee the identification and collection of articles by Texas A&M University graduate students, direct the project. Visit the database at http://haccpalliance.org/sciencelibrary.html to obtain scientific documentation in support of HACCP plan decisions.
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USDA’s Agricultural
Marketing Service released the summary report of meats graded for the month of
June, 2002. For all quality graded beef, Choice was 56.9%, up from 56.2% in
May. Select was 39.9%, down slightly from 40.3% the previous month. And Prime
was 3.2% down from 2.5% in May. For a copy of the entire report which covers
beef, lamb and mutton, NMA members send a self-addressed/stamped (37¢) envelope
to Kiran Kernellu at NMA or visit it online at http://www.ams.usda.gov/lsg/mgc/mgc-pubs.htm.
NATIONAL MEAT ASSOCIATION
NMA - East: 1400 - 16th St. N.W., Suite 400, Washington D.C.
20036 Ph. (202) 667-2108
NMA - West: 1970 Broadway, Suite 825, Oakland, CA 94612
Ph. (510) 763-1533 Fax (510) 763-6186
Edited by Kiran Kernellu
August 5, 2002
Industry critics in Congress introduced the Safer Meat, Poultry, and Food Act of 2002 recently. The legislation in its current form stipulates that USDA and FDA have the authority to mandate that a company recall unsafe meat and poultry products as well as authority to levy civil fines for violations of food safety laws, and requires that companies notify regulatory authorities if they know that a product is adulterated. The bill also requires all companies and distributors throughout the food processing system to notify USDA or FDA if they have knowledge that meat or poultry products are adulterated.
Senator Tom Harkin (D-IA) and Representatives Lynn Rivers (D-MI) and Dianna DeGette (D-CO) introduced the bill. Harkin and Rivers requested a General Accounting Office study that ultimately found that companies have refused or delayed complying with recall requests in several instances. InfoMeat reported that Harkin believes that a system of civil penalties would allow both agencies to better address companies with repeated food safety violations by using graduated enforcement in accordance with the severity of the violation. Harkin said, “Report after report gives us the same result - our food safety laws are not being effectively enforced.” USDA and FDA need to do a much better job on enforcement, and they need better enforcement tools. When a recall is necessary to get contaminated food off store shelves, companies should have to comply, period. It is not the time to fight about who is in charge.”
Historically companies have been quick to comply with USDA in a recall situation. Who is in charge is clear: USDA has the legal authority to seize product in the market. DeGette said, “The USDA’s response to the recent E. coli outbreak has been fraught with confusion, a lack of communication, and inexplicable delays. Giving the USDA and FDA the authority to force a recall is a good first step in addressing these problems.” ConAgra wasted no time in recalling its product once notified of the adulteration, even going so far as to surpass the amount that government agencies mandated it recall.
No system is perfect, least of all the one that produces laws! If
Senator Harkin in his limited knowledge about the meat industry tries once
again to change the statutory requirements as a mere amendment to an
appropriations bill, rather than hold hearings in the Agriculture Committee
which he chairs, NMA and others are committed to opposition. In fact, the
Senator won’t even meet with industry representatives so that he could better
learn more about what really happens, preferring to get input from other
uninformed sources.
HACCP
According to a Public Citzen press release, last month Senator Tom Harkin was among the recipients of a letter from Public Citizen and the Government Accountability Project calling for a congressional investigation into the events that led to the ConAgra recall and USDA’s implementation of HACCP. These groups also sent letters to the chairs of the House and Senate Agriculture committees, the House Government Reform committee and the Senate Government Affairs committee. Public Citizen’s Wenonah Hunter contended that “The ConAgra recall is not an aberration. It is another example of a food safety system that is teetering on the brink of collapse.
Page
2
SCHOOL
LUNCHES
Last week Reuters reported that a study found that foodborne
illness associated with subsidized school lunches has sickened tens of
thousands over the last 25 years. The report also found that hundreds were sent
to the hospital and one death was related to school lunches. Salmonella was
found to be the main culprit for the illnesses, accounting for 36% of the
outbreaks.
According to lead author Dr. Nicholas A. Daniels, the “USDA directly
provides only a small percentage of food served in schools.” Authors wrote, “Strengthening
food safety measures in schools would better protect students and school staff
from outbreaks of foodborne illness. Infection control policies, such as
training and certification of food handlers in the proper storage and cooking
of foods, meticulous hand washing…could make meals safer for American
students.”
NEW FSIS
ADMINISTRATOR
FSIS has named Dr. Garry McKee its new Administrator. Effective next
month, McKee will take over from Acting Administrator William Hudnall, who has
held the post for the past three months. McKee hails from the Wyoming
Department of Health, where he’s served as Director and Cabinet Secretary for
the last two years.
“Dr. McKee brings more than 30 years of public health experience to the
Administrator position,” USDA Secretary Ann Veneman said. McKee served as Chief
of Oklahoma State Department of Health’s Public Health Laboratory for 18 years.
He also served as Director of Sanitary Bacteriology for the Department for two
years. McKee has been a Lt. Commander in the U.S. Public Health Reserve for the
past ten years. He serves as a member of the National Public Health
Anti-Terrorism Preparedness Task Force with the Association of State and
Territorial Health Officials. Additionally, McKee has provided consulting to
the Pan American Health Organization on development of laboratory training in
Mexico and Guatemala.
McKee’s experience is complemented by his extensive education in
science and public health. McKee holds a Ph.D. in Microbiology from the
University of Oklahoma. In addition, he earned Masters of Science degrees in
Public Health and Environmental Science and a Bachelor of Science in Biology
from Southwestern Oklahoma State University.
“[His] experience, combined with a solid record in managing public
health programs and personnel, will be a tremendous asset as USDA continues to
protect the public health by strengthening food safety programsm,” said
Veneman. “Dr. McKee will play an important and active leadership role at USDA
as [it] strive[s] to improve management, efficiency, accountability and
responsiveness within FSIS,” said Dr. Elsa Murano.
In its quest for improved efficacy, FSIS has made personnel changes as
well as additions. Linda Swacina, former Assistant Administrator and Director
of the Congressional and Public Affairs Office, now serves as FSIS’ Associate
Administrator. Bill Smith, former field-based Assistant Deputy Administrator,
Executive Director and Regional Director, now serves as Deputy Administrator of
FSIS’ Office of Field Operations. Dr. Karen Hulebak, former FSIS Senior Advisor
for Scientific Affairs and Chief Scientist now serves as Deputy Administrator
of the Office of Public Health and Science. Hudnall will return to his former
position with APHIS.
KUDOS TO
NMA EXECUTIVE DIRECTOR
NMA Executive Director Rosemary Mucklow was presented the Special Recognition Award by the American Meat Science Association on August 1st. The award is “in recognition of her faithful service to the meat industry and its individual members and her common sense leadership in food safety and public policy.”