Beware Industry Coalition (CRNI) Claiming to Support Nutrition Information On Menu Boards

A new coalition of state restaurant associations, state retail associations, chain restaurants and industry groups have formed to support the LEAN Act, legislation introduced by Senator Tom Carper, Senator Lisa Murkowski, and Congressman Jim Matheson. The legislation will permit fast food and chain restaurants to provide calorie and nutritional information in places other than on the menu board or the menu. It permits the use of menu supplements or sign on walls. The legislation also preempts more stringent state and local laws that mandate calorie counts be next to prices and food descriptions on menu boards. If passed, New York's successful menu board law would become void. So would California's. The watered-down federal standard offered by industry would prevail.

The Coalition for Responsible Nutrition Information’s (CRNI) web site is (www.nationalnutritionstandards.com).

Coalition members include Auntie Anne's Pretzels, Blue Cross Blue Shield of Florida, Brinker International, Burger King, Carlson Restaurants Worldwide, Darden Restaurants, Domino's Pizza, Dunkin' Brands, Grocery Manufacturers Association, International Dairy Queen, International Foodservice Distributors Association, International Franchise Association, McDonald's, National Chicken Council, National Council of Chain Restaurants, National Fisheries Institute, National Franchisee Association, National Restaurant Association, National Turkey Foundation, OSI Restaurants LLC., Sonic, and White Castle.

Some coalition members have donated substantial sums to the legislation’s sponsors.

CRNI’s press releases have been pciked up by Meat & Poultry News, Food Product Design, Drinks Media Wire, Food Equipment News, Fresh Talk, Pizza Marketplace, Nation’s Restaurant Association, Let’s Talk Franchising, and Chain Leader magazine.

It seems the coalition’s unstated goal is to prevent a mandate requiring calorie counts directly on menu boards and menus. It never mentions the MEAL Act ( a competing proposal supported by actual health organizations that would specifically require calories on menus and menu boards and that would permit enforcement of more stringent state and local laws.) The coalition wants to prevent state and local jurisdictions from mandating that calories be disclosed where people will actually read them.

Mandatory menu board disclosure as proposed in the MEAL Act is supported by Public Citizen, the Center for Science in the Public Interest, the American College of Preventitive Medicine, the American Diabetes Association, the American Medical Association, the American Public Health Association, the California Center for Public Health Advocacy, the Medical Society of the State of New York, the Trust for America’s Health and many, many others.

The CRNI lacks a single member without a financial interest in its advocacy.

FDA Finds Valley Springs Artesian Gold Water Adulterated, Possibly "Contaminated With Filth" or "Injurious To Health"

An FDA inspection of Valley Springs Artesian Gold in Lewiston, WI revealed numerous deviations from federal Bottled Water Drinking Regulations. The FDA found Valley Springs' product to be adulterated because it had been prepared, packed or held under unsanitary conditions. It also found conditions where "it may have become contaminated with filth," or where it may have been "rendered injurious to health."

Specifically, among other problmes, the FDA found undocumented sources of supply for the water, a failure to sample and analyze its source water for microbiological contaminants, chemical and radiological contaminants as required by law. Valley's last documented sample analysis for radioactive contaminants was done in 2003.

Valley Springs also did not test its bottled water for bacteriological contamination as required by law, nor did it test for chemical, physical and radiological contaminants as required. Click here for the full text of the FDA's Warning Letter.

The FDA inspects food facilities it oversees on average just once every 10 years. Between 2003 and 2006, FDA inspections have dropped by 47%, and it has a current funding shortfall on $135 million. Imported foods receive even less oversight from the FDA. Less than 1% of the food imported into the U.S. is inspected. What sort of food safety emergency, domestic or imported, will it take to get Congress to properly fund the FDA and to get the FDA to properly protect American consumers?

Rockland County, NY Set to Join Menu Board Wars

Rockland County, NY seeks to join those communities requiring fast food and chain restaurants to post calorie counts on menu boards. According to the Journal News, County Legislator Joseph Meyers, (D-Airmont) proposed the “Rockland County National Food Service Establishments Calorie Posting Law” which requires an eatery that is part of a chain that has 15 or more restaurants to post the calorie counts of their standard food items on their menus, including menu boards. The law would exempt menu items listed for sale for less than 30-days in a calendar year.

If the law passes, Rockland will join New York City in mandating calorie disclosure on menus and menu boards. Westchester County, NY is set to vote on a similar law in November. New York City's menu law has already survived a court challenge from the New York State Restaurant Association in federal district court in Manhattan.

The issue has also risen to national prominence as industry groups such as the National Restaurant Association, the International Franchise Association, and the National Council of Chain Restaurants have put their weight behind the LEAN Act, proposed federal legislation that would water down the mandates of New York City’s law and preempt any state of local statute that goes beyond its provisions. Portland, Seattle and the State of California have all passed versions of calorie disclosure law for fast food and chain restaurants.

Today’s New York Times writes, “Two proposals moving through Congress would make calorie postings uniform nationwide. One, the Labeling Education and Nutrition Act, is backed by the restaurant industry and would give restaurants and grocery stores selling prepared foods a choice of labeling formats, including posters near the cash register or disclosures on the back of the menu. It would preempt tougher laws, like New York’s. A second proposal, the Menu Education and Labeling Act, is supported by public health advocates and more closely mirrors New York’s law. It would not preempt more stringent local laws.”

The MENU Act has stuck in a Senate committee since March of 2008, and its sister legislation has been stuck in committee in the House since October of 2007.

The industry supported LEAN Act was proposed in the Senate last month.

Industry Groups Support Watered Down Menu Disclosure Law (and its sponsors)

The National Restaurant Association, the International Franchise Association, and the National Council of Chain Restaurants, along with other state and local industry associations have fallen in line behind the Labeling Education and Nutrition Act (the LEAN Act, S.3575), and its sister resolution in the House (H.R. 7187). These groups support the LEAN Acts because under the Acts, calorie and nutrition information need not actually be disclosed at the point of purchase, on menus or on menu boards. Instead, the Act permits disclosure on menu inserts, appendixes or supplements, or on signs near the menu board, or near where patrons wait on line for service. There is no mandate to post information near the prices, where consumers might actually see it.

Also, the LEAN Act would preempt state and local laws that impose different and stricter standards the LEAN Act, effectively nullifying laws like those passed in New York City and California.

These groups likely oppose the MEAL Act (S.2784) also pending in the Senate. The MEAL Act, is similar to the law passed in New York City that mandates disclosure directly on menu boards and menus where consumers are most likely to access the information. In a recent lobbying filing, the National Restaurant Association listed “Mandatory Menu Labeling” and the “MEAL Act” as targets of its lobbying efforts.

The National Restaurant Association represents 52,000 member companies that own more than 254,000 restaurants. According to the Center for Responsive Politics, it has overwhelmingly supported Republican candidates since 1990, giving more than $8,000,000 to federal candidates for office – and 86% of its recipients were Republicans.

The co-sponsor of the LEAN Act, Senator Lisa Murkowski (R-AK) received $10,000 from the National Restaurant Association PAC to assist with her 2004 Senatorial Election Campaign. According to government records, Murkowski has also received $7,000 from the International Franchise Association, and $1,000 from the National Retail Federation (a division of which is the National Council of Chain Restaurants).

The sponsor of the LEAN Act’s sister Resolution in the House, HR 7187, is Representative Jim Matheson (D-UT). Matheson received $10,000 from the National Restaurant Association PAC to assist with his 2006 House Election Campaign. According to government records, Matheson has also received $3,000 from the International Franchise Association and $2,000 from the National Retail Federation.

The other Senate sponsor of the LEAN Act, Tom Carper (D-DE) received $2,540 from the National Retail Federation between 2002 and 2006.

The MEAL Act sponsor is Tom Harkin (D-IA) and its co-sponsors are Dianne Feinstein (D-CA) and Ted Kennedy (D-MA). The MEAL Act's House version, HR.3895 was sponsored by Rosa DeLauro (D-CT) and has 14 co-sponsors.

What's Next? Chinese Melamine Suppliers Admit Sales to Animal and Fish Feed Producers in China; US Safety Laws Languish In Committees

Everyone will be talking about how eggs exported from China are contaminated with high levels of melamine, the toxic industrial additive at the heart of the adulteration scandal in Chinese milk products, and last year’s pet food recalls. Foods and food ingredients made from tainted Chinese milk products have been recalled over recent weeks. Now, we can expect food products derived from Chinese eggs to be the subject of upcoming recalls.

Here is what else we can expect. As cited in today’s New York Times, several Chinese melamine suppliers admitted to newspapers to selling melamine to animal feed operations and fish feed providers in China. Chinese manufacturers add melamine to falsely inflate the protein profile of their wheat flour or wheat gluten. The tainted wheat flour is then used to produce fish meal and animal feed and sold to fish farmers and other producers around the world. The tainted fish meal is also used in China’s immense aquaculture industry.

On October 13, 2008, this blog posed the question, “Can Chinese Catfish Be Trusted?” Chinese producers, in order to export fish to the US, must meet the same production standards as US fish farmers by December 2009. What does this really mean when there is no mechanism to police Chinese producers? Mandatory Country-Of-Origin-Labeling (mCOOL) does not apply to food components, that is -- if Chinese farmed-fish are baked into a casserole served at your child’s elementary school, there is no requirement to disclose that the fish was farmed in China, or that the casserole contains Chinese-made ingredients.

Senate Bill S.1776 (The Imported Food Security Act of 2007) would enable the FDA to withdraw the certification of any food importer that fails to meet U.S. safety standards. It has been sitting in committee since July of 2007.

And H.R. 3937 (the Food Import Safety Act) gives the FDA authority to ban imports from countries that have a pattern of food safety violations, as well as mandatory recall authority. It has been sitting in subcommittee since October of 2007.

The government is charged with insuring food safety in the United States. Its failure to act will be the proximate cause of food related illnesses and injuries in the United States. This is really a do-nothing Congress in the area of food safety.

Stand by . . .

Summary of Polls on Fast-Food Menu Disclosure Requirements & Passed, Pending and Defeated Legislation

Here is a summary of polls on nutrition labeling in fast-food and chain restaurants.

In a Caravan Opinion Research Corporation 2008 poll of 1,003 adults, 78% of respondents agreed that “fast-food and other chain restaurants should list nutritional information, such as calories, fat, sugar or salt content on menus and menu boards.”

In an ARAMARK Corporation 2005 poll of 5,297 adults, 83% of respondents agreed that “restaurants should make nutrition information available for all menu items.”

In a Technomic Inc. 2007 poll of 2,500 respondents, 74% of respondents agreed that “menu boards should list nutrition information for all items served.”

In a Global Strategy Group, 2003 poll, 67% of respondents agreed that “restaurants should be required to provide nutrition information, including calories, on menus.

In an End Hunger Connecticut 2007 state-wide poll of 501 respondents, 82% supported “requiring fast-food and chain restaurants to display calorie content on menus or menu boards” and 84% supported “requiring fast-food and chain restaurants to post nutrition information on their menus.”

It seems that when the mandate is worded more strongly or more specifically, there is a slight erosion of support. Compare the results in polls that simply say the chains “should list information” with the poll that says they “should be required to list.” Of course that same discrepancy could be explained by the age of the poll. The more recent polls show stronger support for disclosure requirements. Regardless, support is overwhelmingly in favor of menu disclosure.

California, New York City, King County (Seattle) Washington, and Portland, Oregon have all passed menu labeling laws. The Portland law passed in July of 2008 and public hearing are being held on November 6th and 20th regarding implementation of the law.

Similar laws are pending in HI, MA, MI, NJ, NY, PA, VT, IA, KY, TN and the District of Columbia. Westchester County, NY is voting on the issue in the next few weeks. Nashville, TN has a public hearing set for November 6th.

Two statewide initiatives in Washington and Indiana have been defeated.

On the national stage, competing versions of menu labeling laws are pending in Congress – The MEAL Act vs. the LEAN Act. See my earlier posting here:. The MEAL Act is similar to New York City’s court-tested law. The LEAN Act is favored by the National Restaurant Association and other industry groups. It has less stringent standards that permit calorie and nutritional information to be posted in less conspicuous places or in menu addenda, and a provision for federal preemption of state and local menu disclosure laws. Federal preemption could render all local and state laws unenforceable.

In unrelated news, the USDA FSIS posted Sensenig Meats, 6999 Cannery Road, Hanover, PA and Steely Meats, 54 Mt. Pleasant Road, Fayetteville, PA as possible recipients of recalled 60-pound bulk boxes of "BM-95 Boneless Beef."

Battlelines are Being Drawn in Fast Food Menu Board Disclosure Legislation

Battlelines are being drawn on the fast food menu board laws. Attempts by industry to federalize disclosure laws are intended to weaken those laws and permit calorie/nutrition information to be hidden away from consumer access, in places like in menu inserts and separate handouts.

Nashville could be the first city in the South to require restaurants to post calories on menus. A public hearing is set for November 6th. If adopted, the calorie count requirement would begin Janunary 31, 2009 with a 90-day grace period. The proposed regulations would apply only to restaurants with 10 or more outlets nationwide. Calories would be posted on the menu or on a menu board, in the same size type as the price. The law would also extend to food tags, such as the calories in a tablespoon of ranch dressing on a salad bar.

The California Center for Public Health Advocacy has put this video up on Youtube showing what happens when customers need to consult a brochure.



We are following this story closely and will keep posting information as it becomes available. See our prior post.

Harry & David, Nonna's Real Italian Cuccine Recall Products for Undeclared Ingredients

Harry and David, of Medford, Oregon, is recalling approximately 400 1 lb. 4 oz. boxes labeled Harry & David Moose Munch Confection, Milk Chocolate Gingerbread because the package may contain a different Moose Munch product which contains pecans not declared on the ingredient statement. Affected product was distributed throughout the United States under the Harry & David brand only in Harry and David stores.

Harry and David is recalling 1 lb. 4 oz. boxes of Harry & David Moose Munch Confection, Milk Chocolate with a "Best if used by" date of 06/28/09. The "Best if used by" date is located on a sticker on the bottom of the box. The bottom of the box also has the stock identifying number RSD142014 printed on it. This lot of product was sold beginning 10/09/08. The popcorn-based confection is packaged in 1 lb. 4 oz. brown and white paperboard boxes. The boxes have a slight wedge shape and feature a large white moose image on the front. Inside the boxes are clear plastic bags of the confection.

ALSO Recalled:

Nonna's Real Italiana Cuccine of Slidell, LA is recalling Nonna's Real Italiana Cuccine of Stuffed Artichokes, Net Wt. 15 oz. This product is being recalled because it contains milk, soy, and wheat that was distributed in packaging that does not reveal the presence of these ingredients.

This product is distributed through retailers in the Greater New Orleans area including the Northshore from October 8, 2008 to October 17, 2008. The product is individually wrapped in clear plastic wrap bearing the label: "STUFFED ARTICHOKE, Net Wt. 15 oz., NONNA'S REAL ITALIANA CUCCINE".

Consumer Label Use Down According to USDA Economic Research Service

I've just finished reading the USDA Economic Research Service's recent report titled: The Decline In Consumer Use of Food Nutrition Labels, 1995-2006. The report is dated August 11, 2008.

This report examines changes in consumers' use of nutrition labels on food packages between 1995-96 and 2005-06. The analysis finds that, although a majority of consumers report using nutrition labels when buying food, use has declined for most label components, including the Nutrition Facts panel and information about calories, fats, cholesterol, and sodium. By contrast, use of fiber information has increased. The decline in label use is particularly marked for the cohort of adults less than 30 years old.

I find the conclusions of the report difficult to believe, and intuitively believe this issue should be studied with a larger sample and conducted by an independent organization.

Watching the Food Safety Recall Information Act

I'm watching progress on the Food Safety Recall Information Act, HR 5762, April 10, 2008. The resolution has 25 co-sponsors, and is in the House Committee on Agriculture. It would require the Secretary of Agriculture to publish the names of retailers and school districts that have purchased meat, poultry, or egg products subject to voluntary recall. It also would prohibit the use of non-ambulatory livestock for human food.

This is a sound resolution. Write your representative and ask them to join the list of co-sponsors.

Westchester County To Vote on Menu Board Bill

Westchester County, NY is poised to vote on passage of a calorie/nutrition disclosure bill that would require chain restaurants to post calories counts on menu boards. This bill is similar to laws in New York City and California. The New York Restaurant Association unsuccessfully challenged the New York City law in court last year.

The National Restaurant Association (NRA) favors a federalized approach to menu disclosure laws. A federal statute would likely preempt tougher local and state menu laws. The bill favored by the NRA (called the LEAN Act) would permit fast food restaurants and sit down chains to put calorie and nutritional information in menu supplements or inserts, or on signs separate from the menu board.

A better bill pending in the Senate (called the MEAL Act) would make the New York City disclosure law the national standard. This battle is being fought out all over the country. Now is the time to weigh in for tougher standards.

Hartz Mountain Recalls Chicken-Basted Rawhide Chips

The Hartz Mountain Corporation, Secaucus, NJ is voluntarily recalling one specific lot of Hartz Chicken-Basted Rawhide Chips due to concerns that one or more bags within the lot are potentially contaminated with Salmonella.

Salmonella can cause serious infections in dogs, and, if there is cross-contamination caused by handling of the rawhide chips, in people as well, especially children, the aged, and people with compromised immune systems.

The product involved is 4,850 - 2 pound plastic bags of Hartz Chicken-Basted Rawhide Chips, lot code JC23282, UPC number 3270096463 which were distributed to a national retail customer.

Dog owners who purchased this product should check the lot code on their bag, and, if the code is not visible, or if the bag has lot code JC23282 imprinted thereon, they should immediately discontinue use of the product and discard it in a proper manner.

Comparison of Fast Food Labeling Bills - MEAL Act preferred to LEAN Act

Senators Carper and Murkowski recently introduced S.3575 to amend the Federal Food, Drug and Cosmetic Act. The bill, cleverly called the LEAN Act (Labeling Education and Nutrition Act) purports to create a federal mandate of calorie and nutrition labeling for fast food outlets, but permits fast food and other chains to put that information somewhere other than the menu boards. In other words, it enables the chains to provide the information in a place other than where consumers would likely see it. Another goal of the legislation is to preempt state and local legislation like those in New York City and in California that mandate a stricter standard of disclosure.

An earlier bill, introduced by Senator Harkin (S.2784) called the Menu Education and Labeling Act (MEAL Act) would essentially require both fast food and table service restaurants to make disclosures similar to those of the Nutrition Labeling and Education Act. Fast food restaurants would have to make the disclosures on menu boards and table service restaurants on printed menus. The law would be similar to those in New York City and California.

The National Restaurant Association (read its talking points) favors the LEAN act because it imposes a unified federal standard. The LEAN act would permit fast food and other restaurants to hide calorie and nutritional information in places other than where consumers look to make choices, such as in signs near the menu board, in handouts or menu inserts, and elsewhere such as an appendix attached to the back of the menu, or in another menu that supplements the regular menu.

Harkin's MEAL Act is the better bill. It is more direct and more likely to accomplish its goals of disseminating meaningful calorie and nutrition information to consumers. The LEAN act is intended to protect restaurant owners, not consumers.

Koala March Cookies Recalled For Possible Melamine Taint

Lotte USA, Inc., Battle Creek, MI initiated a recall of all Koalas' March Cookies because they were produced in China and they may be contaminated with melamine. The products are packaged in a plastic overwrap and the recall includes the following products:

Koala March King Size Chocolate 1.8 oz 50 grams - UPC 0 81900 00001 7

Koala March King Size Strawberry 1.8 oz/50 grams - UPC 0 81900 00007 9

Koala March King Size White Chocolate 1.8 oz/50 grams - UPC 0 81900 00011 6

Koala March Family Pack Chocolate 9.5 oz/270 grams - UPC 0 81900 08001 9

Koala March Family Pack Strawberry 9.5 oz/270 grams - UPC 0 81900 08002 6

Koala March Family Pack White Chocolate 9.5 oz/270 grams - UPC 0 81900 08011 8

Koala March Family Pack Chestnut 9.5 oz/270 grams - UPC 0 81900 08010 1

Koala March Family Hawaii Chocolate 9.5 oz/270 grams - UPC 0 81900 08003 3

Koala March Family Hawaii Pineapple 9.5 oz/270 grams - UPC 0 81900 08004 0

The product were distributed nationwide and to Canada through wholesale distributors and retail stores. Individuals who have experienced any health problems after consuming the Koala March cookies are advised to contact their health care professional.

Customers who have purchased Koala’s March cookies are urged to return them to the place of purchase for a full refund or discard it in their trash. Consumers with questions may contact the company at (269) 963-6664, Monday to Friday, 9:00 to 5:00 Eastern Standard Time.

Vermont Livestorck, Slaughter & Processing Recalls Beef for E. Coli O157:H7

Vermont Livestock, Slaughter and Processing Co., LLC, a Ferrisburg, Vt., firm, is recalling approximately 2,758 pounds of ground beef products because they may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

The following product is subject to recall: 5-pound approximate weight vacuum packages of "VT BURGER CO GROUND BEEF." These packages of ground beef products bear the establishment number "EST. 9558" inside the USDA mark of inspection as well as a lot code of "090508A," "090808A," "091208A," "091908A" or "092208A." This product was shipped two packages per box, intended for restaurants, food service and institutional use and not available for direct retail purchase. These ground beef products were produced on Sept. 5, 8, 12, 19 and 22 and delivered to distribution centers intended for restaurants and institutions in Vermont and Plattsburgh, N.Y.

The problem was discovered through a joint epidemiological investigation by FSIS and the Vermont Department of Health. FSIS has received 10 confirmed reports of illnesses associated with consumption of this product. Anyone with signs or symptoms of foodborne illness should consult a medical professional.

Trans Fat Truth In Labeling Act Should Not Die

There is a flaw in food labeling law that permits a manufacturer to represent that food containing less than .5 grams of trans fat per serving contains 0 trans fats. Where I come from, that is called prevaricating.

The Trans Fat Truth in Labeling Act of 2007 (HR 3783) "directs the Commissioner of Food and Drugs to promulgate a final regulation revising federal regulations applicable to the declaration of the trans fat content on a food label to require that if the trans fat content of a serving of a food is less than .5 grams and is declared in the nutrition information on the label or in the labeling of the food, such content shall be expressed through the use of an asterisk or other notation stating such content is less than .5 grams (instead of zero)."

This is an obvious fix and would give consumers accurate information about trans fats in food, especially food served to children. The resolution was introduced by Steve Israel (D-NY) but was referred to the Subcommittee on Health about a year ago.

Please contact your representative and ask him/her to co-sponsor this resolution and do whatever they can to move the resolution out of subcommittee. Don't let this important resolution die.

Vermont Department of Health Identifies More E. Coli Cases

BURLINGTON - Health officials are again warning Vermonters not to eat undercooked meat after a ninth person was confirmed to be ill with E. coli 0157:H7 infection, and a 10th suspected case has been reported.

To date, eight of the confirmed cases — including a child who was hospitalized, but has been released — had E. coli 0157:H7 with an exact DNA match confirmed by the Vermont Department of Health Laboratory.

“Our laboratory results tell us that each person became ill from the same source,” said Deputy State Epidemiologist Susan Schoenfeld. “And our epidemiology investigation has found that source to be ground beef that was contaminated before it was distributed to, prepared, and served at a few restaurants in Vermont.”

The Health Department has alerted health care providers statewide to be on the lookout for any new cases, and is working closely with the Vermont Agency of Agriculture and the USDA’s Food Safety Inspection Service (FSIS) to further investigate product processing and distribution. Health Department inspectors are working with the restaurants involved. All of the restaurants have changed their beef supply until the investigation is completed. It is possible, however, that distribution extended beyond these restaurants. The beef has NOT been available for sale in stores.

“Fortunately, all of the people that we know of who were ill are recovering,” said Schoenfeld.

“It’s important to remember that eating undercooked meat — as well as consuming raw milk products — is always a risk for E. coli and other bacteria that can cause severe illness, especially in young children, the elderly or people with serious medical conditions.”

From: http://healthvermont.gov/news/2008/101508ecoli.aspx

Righteous Porkchop - New Book

Release Date: 2/19/2009

Nicolette Hahn Niman's new book is Righteous Porkchop: Finding a Life and Good Food Beyond Factory Farms, published by Collins Living. It is part memoir and part expose, focusing on her work fighting industrial meat companies as a lawyer for the Waterkeeper Alliance, Robert Kennedy Jr.'s environmental organization.

Pre-order now by clicking on the Amazon link to the right.

Siberian Ginseng Tainted With Bacteria - Three Dead

The Chinese Ministry of Health and the State Food and Drug Administration announced yesterday (October 14, 2008) that the brand of herbal drug suspected of killing three people recently was "tainted with bacteria," according to the Xinhua (the Chinese news agency). The drug, Siberian ginseng or ciwujia, was made by Wandashan Pharmaceutical, based in Northeastern China. This is a developing story, and we hope to have more information as it becomes available.

YILI Brand Milk Products Recalled For Melamine Taint

HUA XIA Food Trade USA, Inc. of Flushing, NY, is recalling YILI Brand Sour Milk Drink packaged in 250ml flexible paperboard boxes (all codes and all lots are affected) and YILI Brand Pure Milk Drink packaged in 250ml flexible paperboard boxes (all codes and all lots are affected) because it may be contaminated with melamine.

YILI Brand Sour Milk Drink and YILI Brand Pure Milk Drink were distributed to New York City through Asian retail grocery stores.

YILI Brand Sour Milk Drink is packaged in 250ml flexible paperboard boxes with blue, red and green Chinese writing. There is a picture of an Asian man in a green shirt and white tie clapping his hands on the face of the box. All codes and all lots are affected.

YILI Brand Pure Milk Drink packaged in 250ml flexible paperboard boxes with black, red and white writing, the writing on the package is in both English and Chinese. There is a picture of two cows playing basketball on the face of the box. All codes and all lots are affected.

The recall was initiated after FDA testing discovered that the product was found to contain Melamine. Consumers with questions may contact the company at (917) 216-0575.

Can Chinese Catfish Be Trusted?

Several years ago, Vietnamese growers of faux-catfish were accused of using banned carcinogenic fungicides and antibiotics to get higher yields from their ponds. American catfish farmers filed an anti-dumping petition against the Vietnames producers, seeking tariffs of up to 60% to balance out the dumping margin.

Now, a new threat from China (the world's largest aquaculturist) is on the horizon. China is growing genuine-American catfish in Chinese ponds and will be able to sell them for less than what it costs American growers to grow them.

Last year, after detecting carcinogens (malachite green and crystal violet), as well as an anthrax-fighting antibiotic, the FDA put an import alert on all Chinese catfish. The FDA is curently considering lifting the alert.

However, under this year's farm bill, catfish (as a product) were put under the Food Safety and Inspection Service, a subdivision of the Agriculture Department. Foreign exporters making products that fall within the inspection service dossier must meet similar standards as US producers. Chinese producers, to sell Chinese-American catfish in the US have to come into compliance by December of 2009.

Can the Chinese be trusted to produce catfish in accordance with the same standards as US catfish-farmers? How can we be safe? After melamine in pet foods and dairy products, lead paint on children's toys, and dangerous chemicals in toothpastes, perhaps not? What do you think?

McCormick Recalls Enchilada Sauce Mix

McCormick & Company, Incorporated has announced a voluntary recall of McCormick Enchilada Sauce Mix with UPC Code 52100091600 sold under the McCormick brand. The McCormick Enchilada Sauce Mix contains undeclared milk ingredients. People who have allergies to milk run the risk of serious or life threatening allergic reactions if they consume this product.

The McCormick Enchilada Sauce Mix was distributed to grocery stores nationally beginning on September 17, 2008. The product comes in 1.5 oz. pouches with an expiration date of "best by" AUG2910CH. The date is found printed in black on the back, bottom left of the pouch.
The recall was initiated after it was discovered that product containing the milk ingredient was distributed in packaging that did not reveal the presence of milk as an ingredient.
No illnesses or allergic reactions have been reported to date. No other McCormick products are involved in this recall.

All grocery outlets that sell McCormick Enchilada Sauce Mix (UPC Code 52100091600 with expiration date "best by" AUG2910CH) have been notified to remove the product from their shelves immediately, and consumers who have purchased this product should return it to the place of purchase for a full refund. Consumers with questions may contact McCormick at 1-800-632-5847.

Hot Pockets Pepperoni Pizza - Retail Recipient List

The USDA (through its Food Safety and Inspection Service) has released a list of retail locations that it believes received recalled 54-ounce, 12-packs of "Hot Pockets Pepperoni Pizza" brand stuffed sandwiches. The list is state specific. To access the list, visit: http://www.fsis.usda.gov/PDF/RC_033_2008_Retail_List.pdf.

USDA Releases List of Retail Locations Receiving Recalled Turkey Burrito Wraps

The Food Safety and Inspections Service of the USDA has released a list of retail locations it believes received 13-ounce individually wrapped packages of "Turkey Burrito Wraps" that were recently recalled by Food Evolution. The locations include.

Barnes & Noble, 1 East Jackson, Chicago, IL
Barnes & Noble, 970 East 58th, Chicago, IL
Loyola University Medical Center, 2160 S. 1st Ave. Bldg #104, Room #0351, Maywood, IL
Jive & Java Cafe, 1740 W. Taylor Street, Chicago, IL
St. Francis Hospital Ressurrection, 355 Ridge Avenue, Evanston, IL
Hudson Group - Euro Cafe, 5757 S. Cicero, Chicago, IL
UIC, 750 N. Halsted, Chicago, IL
UIC, 1007 W. Harrison, Chicago, IL
E&D, 8745 W. Higgens, Rosemont, IL

As or if other names are added, we'll try to keep this post current.

A.C.S. Meyners Recalls Frozen Beef Trim

A.C.S. Meyners Ltda., a Ponte Verde, Fl., establishment, is recalling approximately 20,460 pounds of frozen beef trim that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced today.

The following product is subject to recall: 60-pound bulk boxes of “BM-95 BONELESS BEEF.” Each shipping container bears the establishment number “Nicaragua 4” inside the Nicaraguan mark of inspection. The shipping label bears the item number “00003,” and pack date of “8-19-08.” The frozen beef trim products were produced on Aug. 19, 2008, and were exported to the United States and then sent to distributors and establishments in New York and Pennsylvania. These products were sent to establishments for further processing and will likely not bear the establishment number “Nicaragua 4” on products available for direct consumer purchase.

E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea, dehydration, and in the most severe cases, kidney failure. The very young, seniors and persons with weak immune systems are the most susceptible to foodborne illness. Anyone with signs or symptoms of foodborne illness should consult a medical professional.

Astro Meats & Seafood Recalls Frozen Beef Trim

WASHINGTON, Oct. 8, 2008 - Astro Meats & Seafood, Inc., a Miami, Fl., establishment, is recalling approximately 4,200 pounds of frozen beef trim that may be contaminated with E. coli O157:H7.

The following product is subject to recall: 60-pound bulk boxes of “BM-95 BONELESS BEEF.” Each shipping container bears the establishment number “Nicaragua 4” inside the Nicaraguan mark of inspection. The shipping label bears the item number “00003,” and pack date of “8-19-08.” The frozen beef trim products were produced on Aug. 19, 2008, and were exported to the United States and then sent to distributors and establishments in Indiana and Wisconsin. These products were sent to establishments for further processing and will likely not bear the establishment number “Nicaragua 4” on products available for direct consumer purchase.

The problem was discovered through FSIS microbiological sampling of imported product from a foreign establishment that was then sent to multiple importers of record in the United States.

E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea, dehydration, and in the most severe cases, kidney failure. The very young, seniors and persons with weak immune systems are the most susceptible to foodborne illness. Anyone with signs or symptoms of foodborne illness should consult a medical professional.

Colorado Foods Recalls Frozen Beef Trim

WASHINGTON, Oct. 8, 2008 - Colorado Foods Products, a Greenwood Village, Co., establishment, is recalling approximately 2,340 pounds of frozen beef trim that may be contaminated with E. coli O157:H7.

The following product is subject to recall: 60-pound bulk boxes of “BM-95 BONELESS BEEF.” Each shipping container bears the establishment number “Nicaragua 4” inside the Nicaraguan mark of inspection. The shipping label bears the item number “00003,” and pack date of “8-19-08.” The frozen beef trim products were produced on Aug. 19, 2008, and were exported to the United States and then sent to distributors and establishments in California. These products were sent to establishments for further processing and will likely not bear the establishment number “Nicaragua 4” on products available for direct consumer purchase.

The problem was discovered through FSIS microbiological sampling of imported product from a foreign establishment that was then sent to multiple importers of record in the United States.

Consumers and media with questions about the recall should contact company representative Pamela Breese at (303) 409-8400.

E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea, dehydration, and in the most severe cases, kidney failure. The very young, seniors and persons with weak immune systems are the most susceptible to foodborne illness. Anyone with signs or symptoms of foodborne illness should consult a medical professional.

Russell Stover Candy Recall

In specific U.S. markets, Russell Stover Candies, Inc., is recalling one lot code of its 2 7/8 oz size of Private Reserve Assorted Chocolates because one piece of candy in the assortment may contain undeclared hazelnuts due to a labeling error. Consumers allergic to hazelnuts run the risk of a serious allergic reaction if they consume this piece of candy.

The recalled product was distributed in the following states and cities: Texas, California, Louisiana, North Carolina, South Carolina, Virginia, Tennessee; Southaven, Mississippi; Billings, Montana; Sparks, Nevada; and Madison Heights, Michigan.

The candy containing the hazelnuts comes in a box with a red lid and gold border. The box is held closed by a gold cord tied in a bow. A label on the bottom right corner of the box identifies it as "Assorted Chocolates, Net Weight 2 7/8 oz." The side of the box is marked "01JUL09 N0349." Only product with the "N0349" lot code is affected.

Consumers who have purchased 2 7/8 oz packages of Russell Stover Private Reserve Assorted Chocolates, with the lot code ending in "N0349" are urged not to consume the white chocolate piece if they are allergic to hazelnuts. Consumers with questions may contact Russell Stover Candies at 866-410-9490.

Arnold Foods Company Recalls Brownberry Whole Grains 100% Whole Wheat Bread

October 8, 2008 – Arnold Foods Company, Inc. is recalling BROWNBERRY brand Whole Grains BREAD 100% WHOLE WHEAT (1 LB 8 OZ) because it may contain undeclared almonds, walnuts and hazelnuts. People who have an allergy to these nuts run the risk of life threatening or serious allergic reactions if they consume the product.

The BROWNBERRY brand Whole Grains BREAD 100% WHOLE WHEAT was sold in Illinois, Indiana, Iowa, Minnesota and Wisconsin. This product was sold through retail stores and bakery thrift outlets.

The product being recalled has a green twist tie with a code date of "Oct 11" printed on the bread bag. No other Arnold brand or Brownberry brand products are affected.

Consumers with allergies to nuts who have purchased the product can return the product to its place of purchase for a full refund or call the company at 1-800-984-0989.

White Rabbit Creamy Candies Show High Level of Melamine Contamination

The California Department of Public Health and the New Zealand Food Safety Authority reported that its testing of White Rabbit Creamy Candies has shown melamine contamination at high levels. In light of the widespread contamination of milk and milk-based products in China and the New Zealand Food Safety Authority’s finding, the FDA continues to recommend that consumers not eat White Rabbit Creamy Candy and that retailers and foodservice operations remove the product from sale or service.

A recall by QFCO Inc., Burlingame, Calif., of the White Rabbit Creamy Candies, is underway in the United States.

Mr. Brown Instant Coffee and Tea Recalled (Sunny Maid)

On September 26, the FDA issued an alert to consumers that seven Mr. Brown instant coffee and milk tea products were being recalled by the Taiwanese company, King Car Food Industrial Co. Ltd., due to possible contamination with melamine. King Car Food Industrial Co. used a non-dairy creamer manufactured by Shandong Duqing Inc., China, which was found to be contaminated with melamine. The recalled products are:

Mr. Brown Mandheling Blend Instant Coffee (3-in-1)
Mr. Brown Arabica Instant Coffee (3-in-1)
Mr. Brown Blue Mountain Blend Instant Coffee (3-in-1)
Mr. Brown Caramel Macchiato Instant Coffee (3-in-1)
Mr. Brown French Vanilla Instant Coffee (3-in-1)
Mr. Brown Mandhling Blend instant Coffee (2-in-1)
Mr. Brown Milk Tea (3-in-1)

The FDA recommends that consumers not consume any of the above Mr. Brown instant coffee and milk tea products. The FDA also recommends that retailers and foodservice operators remove the products from sale or service.

Sunny Maid Corp. Monterey Park, Calif., who is an importer and distributor of Mr. Brown Instant Coffee products, is recalling the products in the United States.

FDA Detects Melamine Contamination in Blue Cat Flavor Drinks

The U.S. Food and Drug Administration (FDA) has increased inspections and product testing efforts in response to the melamine contamination problem which originated in Chinese dairy products. As a result of the FDA’s on-going testing program, the agency has detected melamine contamination in Blue Cat Flavor Drinks. The distributor of the product, Tristar Food Wholesale Co. Inc., initiated a recall of several flavors of Blue Cat Flavor Drink, based on the FDA’s findings. The FDA advises the public not to consume this product and recommends that retailers and food service operators remove the product from sale or service.

New Food Labeling Laws Exempt Stores Selling Less Than $230,000 of Fresh & Frozen Fruits & Vegetables

The new labeling laws take effect on March 30, 2009. Retailers are required to label country of origin for foods including fruits, vegetables, meats, and nuts.

Any store that sells less than $230,000 worth of fresh and frozen fruits and vegetables that would otherwise be subject to the new label laws are not required to label imports. Think about this practically -- it basically excludes most butcher shops and fish shops, local fruitsellers and small grocery stores.

Enforcement is done by the Department of Agriculture which has only allocated $1 million dollars for enforcement of country-of-origin rules nationwide. Stay tuned . . .