Preventing Food Poisoning: House Democrats Push for Bill Requiring Salmonella Outbreaks to be Subject to Recall

The number of salmonella cases due to contaminated Foster Farms chicken continues to increase – as of June 2014, the amount of people who contracted salmonella after consuming the company’s chicken products has risen to 600. However, Foster Farms has never issued a food recall for its chicken because, under current federal law, salmonella is not a pathogen but an “additive.”  Although it’s not subject to recall, it does not change the fact that it can cause food poisoning.

Now, two members of Congress have introduced a food safety bill that would require, in such circumstances, a food recall from the manufacturer.

The Foster Farms salmonella outbreak has continued unabated for eight months, and infected 27 states and Puerto Rico. Foster Farms said that the company is trying to contain the outbreak, which is a strain of salmonella resistant to traditional antibiotics.

The US Department of Agriculture has issued a health alert regarding Foster Farms chicken and salmonella contagion, but that is all the government agency can do. Last October, the USDA said its inspectors documented “fecal material on carcasses” along with “poor sanitary dressing practices, insanitary food contact surfaces, insanitary nonfood contact surfaces and direct product contamination.

On Wednesday, June 25th, Rep. Rosa DeLauro (D-Conn.) and Rep. Louise M. Slaughter (D-N.Y.) introduced a new food safety bill, stating plainly that consumers need much better protection, especially in a day and age of “superbugs” and antibiotic resistant bacteria.

“The USDA has failed to recall meat contaminated with antibiotic-resistant pathogens because they do not believe they have the legal authority to do so. This bill would ensure there is no confusion,” the lawmakers said in a prepared statement. “We need federal agencies that will protect public health, not bend to the threats of deep-pocketed food producers seeking to escape regulation.”

Although the USDA has not taken a strict position on the food safety bill, the agency did release a statement: “We appreciate the Congresswomen’s ongoing efforts on our shared goal of ensuring food safety standards continue to be stringent, effective, and constantly improving. FSIS will continue to work aggressively in preventing foodborne illness, including implementing the first ever performance standards for Salmonella in chicken parts and ground poultry later this year.”

If enacted, the bill would require food recalls, from the USDA itself and not voluntary food recalls from the manufacturer, in the event that pathogens that can cause serious illness are discovered – such as salmonella and e. Coli.

According to the CDC, 40% of those who have been infected with salmonella after eating Foster Farms chicken have been hospitalized due to food poisoning.

Food Poisoning, Food Recall, and Defective Product Lawyers at the Strom Law Firm

Many manufacturers do their best to produce high-quality food, medical, and recreational equipment. However, some companies do not pay close enough attention to the manufacturing process and release products on the market that cause great personal injury. While the FDA and USDA issue product and food recalls on a regular basis, they cannot prevent in food-borne outbreaks such as listeria, e. Coli, and salmonella. It is important to hold manufacturers to a higher standard, and a defective products lawyer can help when a food recall has not been issued in time. The Columbia, South Carolina-based attorneys at the Strom Law Firm are licensed to practice in South Carolina, Georgia, and New York, to help you with your personal injury or food poisoning claim. We offer free consultations to discuss the facts of your case, so contact us today for help. 803.252.4800.