USDA/FSIS Tests Again Reveal Impermissible Levels Of Drugs In Slaughtered Farm Animals

The U.S. Food and Drug Administration (FDA) conducted an investigation of Red Arrow Dairy located at 69444 County Road 687 in Hartford, MI 49057, and found Red Arrow offered for sale an animal for slaughter as food that was adulterated.

United States Department of Agriculture, Food Safety and Inspection Service (USDA/FSIS) analysis of tissue samples collected from a bob veal calf identified the presence of flunixin at 0.151 parts per million (ppm) in liver tissue. Analysis of tissue samples also identified the presence of 0.13 ppm of penicillin in the kidney.

There is no FDA established tolerance for residues of flunixin or penicillin in the edible tissues of calves to be processed as veal. Flunixin is a FDA regulated veterinarian drug used to alleviate fevers and pain.

The investigation also found that Red Arrow held animals under conditions that are so inadequate that medicated animals bearing potentially harmful drug residues were likely to enter the food supply.

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Lean Cuisine Chicken Dinners Recalled

Nestlé Prepared Foods Company of Springville, Utah has recalled approximately 879,565 pounds of frozen chicken meals that may contain foreign materials. The fcompany identified the objects as pieces of hard plastic.

The following products are subject to recall:

-9.5-ounce packages of “LEAN CUISINE PESTO CHICKEN WITH BOW TIE PASTA” brand frozen meals. Printed on each side of each package is a production code of “8280595912” as well as a use-by date of “Best Before MAY 2010.”

-10.5-ounce packages of “LEAN CUISINE CHICKEN MEDITERRANEAN” brand frozen meals. Printed on the side of each package is a production code of “8231595912” or “8241595912” as well as a use-by date of “Best before SEP 2010”; a production code of “8263595912,” “8269595911” or “8274595912,” as well as a use-by date of “Best before OCT 2010”; or, a production code of “8291595912” or “8301595912” as well as a use-by date of “Best before NOV 2010.”

-12.5-ounce packages of “LEAN CUISINE CHICKEN TUSCAN” brand frozen meals. Printed on the side of each package is a production code of “8234595911” and a use-by date of “Best before SEP 2009”; a production code of “8253595911” or “8269595912” as well as a use-by date of “Best before OCT 2009”; or, a production code of “8292595911” or “8296595911” as well as a use-by date of “Best before NOV 2009.”

Each package also bears the USDA mark of inspection as well as the establishment number “EST P-9018.” The frozen chicken meals were produced on Aug. 18, Aug. 21, Aug. 28, Sept. 9, Sept. 19, Sept. 25, Sept. 30, Oct. 6, Oct. 17-18, Oct. 22 and Oct. 27 and were distributed to retail establishments nationwide.

As soon as a list of retailers receiving the recalled meals is available, we'll post it here.

EPA Disappoints Again With New CAFO Rule

The EPA has finalized a rule pretending to protect the nation's water quality, and it is now planning to permit CAFOs to self-certify themselves for "no-discharge" certifications.

The rule revises the requirement for all CAFOs to apply for National Pollutant Discharge Elimination System (NPEDS) permits and instead requires only those CAFOs that discharge, or propose to discharge, to apply for permits.

EPA should have adopted a recommendation by the federal Second Circuit Court of Appeals to establish a regulatory presumption that large-scale CAFOs discharge pollutants. The presumption would have required that a large-scale CAFO demonstrate to regulatory authorities that it is designed and can be operated to avoid all discharges of regulated pollutants. The presumption would have been for permitting and the CAFO would have had the burden to establish that it would not discharge. The CAFO's "intent" would be irrelevant.

The Natural Resources Defense Council (NRDC) issued a release calling the final rule a "Halloween Trick from Bush Administration: Treat to Factory Farms." NRDC said under the rule, "Thousands of factory farms will be exempt from needing permits that limit water pollution."

Congress specifically targeted factory farms for regulation under the Clean Water Act in 1972 and EPA has recognized the importance of these operations getting pollution control permits. The Bush EPA continues to disappoint.

Access a release from EPA (click here). Access a prepublication copy of the 240-page final rule (click here). Access a 2-page fact sheet (click here). Access EPA's CAFO rule website for additional background information (click here).

Tom Vilsack May Not Be The Right Person to Lead the USDA

Tom Vilsack may not be the right person for head of the USDA.

He is a probably good man who has been on the right side of many issues. He served as the governor of Iowa from 1998 to 2006 and currently is of counsel in the Dorsey Trial group in Des Moines. As part of his bio at the firm, he boasts being a Distinguished Fellow of the Biosafety Institute for Genetically Modified Agricultural Products (aka BIGMAP) at Iowa State University. BIGMAP generally opposes laws and regulations what would trigger regulatory oversight for acts of genetic engineering, and believes that government regulation in and of itself may "close the door" on future innovations that might benefit society and the environment. In other words, BIGMAP prefers that the biotech and genetic engineering industries self-regulate. Vilsack is also widely thought of as a friend of Monsanto.

He showed courage several years back when as governor or Iowa he vetoed a law passed by Iowa’s legislature that would have prohibited Iowa’s Department of Natural Resources (DNR) from establishing air quality standards for CAFOs stricter than the federal government’s standard. That law would have also precluded the Iowa DNR from establishing standards for airborne substances for which the federal government had left a legal void.

Vilsack did the right thing. He vetoed the law, but then he recommended a weak 30 part per billion (ppb) one-hour standard for hydrogen sulfide as a compromise; a standard weaker than states surrounding Iowa. Although Minnesota also had a 30 part per billion standard, it was for a 30-minute exposure time, not an hour.

Also, in 2001,when the EPA proposed changing the definition of a CAFO by decreasing the number of animal units that triggers an NPDES permit, Vilsack (writing for the National Governor’s Association) opposed that re-definition because of the burden on states in issuing, monitoring and enforcing NPDES permits. He gave no concern for health or environmental issues.

Vilsack also challenged the EPA’s authority to regulate CAFOs in areas that “might not” discharge into waters of the United States, in effect permitting CAFOs in arid parts of the country to avoid EPA regulations.

Vilsack also opposed other common sense changes proposed by the EPA. See Vilsack’s CAFO defense letter (National Governors Association).

He also has a history of supporting other CAFO-related laws, and has not always been on the right side of the issue. As a corn-state governor, he may have a pre-disposition toward continuing corn state subsidies, and may be less than zealous in slowing the growth of the corn-based food economy.

Finally, Vilsack needs to disclose where he stands on GMO foods and genetically engineered plants and seeds. Does he support mandatory labeling of GM foods? Will he support pending legislation to ban Terminator Seed (GURT) technology where plants yield sterile seed so that they can not be replanted for future harvests? Will he support legislation that voids retrictions on seed saving by farmers? Will his relationship with Monsanto color his judgment on these issues?

David Axelrod helped run Vilsack’s gubernatorial campaign in 1998, and was Vilsack’s long-time media consultant. Perhaps he is not the right person to screen the candidate? Perhaps food activists can play more of a role in Vilsack’s vetting? Perhaps Obama can avoid making his first big blunder?

Seattle's Favorite Muffin Tops Recalled; Recalled Jolly Good Banger Retail Locations Revealed

A routine FDA inspection revealed that the ingredient statement for Seattle’s Favorite Gourmet Cookies & Dessert’s Orange Cranberry and Banana Nut Muffin Tops contained undeclared milk. Seattle's Favorite of Tukwila, WA is recalling Orange Cranberry and Banana Nut Muffin Tops distributed nationwide to coffee shops, espresso stands, and retail outlets.

These products are individually wrapped in clear plastic with a black product card featuring the Seattle's Favorite logo in upper left hand side, and the product name and ingredient statement. Muffin Tops may or may not contain an expiration date or "best by" date. The date is placed on the product at the retail location. These products, regardless of any codes, are subject to this recall.
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Also, The USDA Food Safety and Inspection Service has published it list of retail outlets that likely received recalled "Jolly Good Banger Rolls" ready-to-eat and raw sausage products. The retailers are located in California, Connecticut, Colorado, Arizona, Utah, Oregon and Nevada. A complete list can be viewed here (PDF file).

Rockland County, NY Tables Its Calorie Disclosure Law

Rockland County Legislator Joseph Meyers (D- Airmont) withdrew his proposed "Rockland County National Food Service Establishments Calorie Posting Law." The action was taken at last evening's Multi-Services Committee Meeting. Reasons for the withdrawal have not been provided. Meyers' legislative assistant was unable to provide more information.

Philadelphia Passes Tough New Labeling Requirements for Chain Restaurant Menus, Rejects LEAN Act Leniency

Beginning January 1, 2010, chain restaurants in Philadelphia will have to disclose calorie counts on menu boards, and calories, saturated and trans fat, sodium and carbohydrates on printed menus. Chain restaurants include convenience stores, delis, bakeries, cookie counters, ice cream shops and coffee shops that have 15 or more establishments doing business under the same trade name.

Philadelphia joins New York City, Portland, Seattle, Westchester County, NY and the state of California in mandating some form of chain restaurants disclosures.

Download the resolution here [PDF].

The Philadelphia resolution is unique in efforts to include more than just fast food outlets and traditional chain restaurants, and in its applicability to delivered food. Chain restaurants making deliveries to homes and offices in Philadelphia will have to provide nutritional information as though the food was purchased in the restaurant.

With similar laws pending in Rockland County, NY, Nashville, TN and other municipalities, there is a growing national movement toward mandated menu disclosure.

Not one single municipality has adopted legislation similar to the LEAN Act, a restaurant-industry written, watered-down version of the law currently pending in Congress. The LEAN Act’s intent is to render local laws null and void, and to permit calorie disclosures in locations where restaurant patrons are unlikely to see them. The LEAN Act is bad law intended to derail consumer protection entities from putting meaningful nutritional information in front of consumers, and to deprive consumers of real and informed choice in their purchase of calorie-laden fast and/or processed foods.

Using Zoning to Combat Fast Food Restaurant Expansions

This summer, the Los Angeles City Council passed an ordinance prohibiting construction of new fast-food restaurants in a 32-square-mile area inhabited by 500,000 low-income people.

Riverbank, CA is considering changes to its zoning code that would give the city more control over where new fast food restaurants can be built and how they operate. If approved, fast-food chains and drive-throughs would be prohibited within 500 feet of schools and parks. Trans fats and Styrofoam containers would be banned. Drive-through windows would be a thing of the past, and restaurant front doors must open directly on to adjacent sidewalks (not parking lots).

These ideas sound radical, but zoning can be effectively used to reduce easy access to fast food restaurants. A recognized objective of zoning laws is protection of public health, and restrictive zoning can be a tool to reduce the prevalence of obesity.

Here are some examples, old and new:

Concord, MA bans both “fast food restaurants” and “drive-in” service. Carlsbad , CA bans all new drive-through restaurants. Newport, RI bans “drive-ins” and “carry-out” service.

Detroit bans carry-out, fast-food and drive-in restaurants within 500 feet of elementary, junior and senior high schools. Arden Hills, MN bans fast food restaurants within 400 feet of schools, churches, public recreation areas and residentially-zoned lots.

Elmsford, NY mandates at least 2,000 feet between fast food restaurants and New Millford, CT requires at lease one mile between fast food restaurants.

Why is this happening? Progressive municipalities, recognizing the failings at the state and federal level to curb abuses and irresponsible behavior by the fast food industry, are taking it upon themselves to protect their citizenry. The idea came from using zoning to restrict alcohol and cigarette sales, and other obnoxious land uses for the bigger public good.

Despite efforts by health groups and consumer advocates, the public is still not sufficiently aware that fast food restaurant meals have dangerously excessive calorie counts. Boston Market’s Meatloaf Carver has 940 calories. The BK Double Beef Whopper has a whopping 916 calories (without cheese). Nathan’s Fish & Chips weighs in at 1537 calories. And a McDonalds' Vanilla Triple Thick Shake has 1110 calories.

Menu board disclosures laws are popping up all over the country, from New York to California, with many progressive municipalities in between joining in. Trans fat bans are passing all over the country. Still there are no federal mandates because of fierce opposition and lobbying efforts of restaurant companies, restaurant associations and paid lobbyists. State and federal government has lacked the backbone to stand up to fast food abuses so local thinkers are taking the lead. This is all well and good if you live in a progressive community, but there are many parts of the country where more than half of the population is either overweight or obese. Who will help these folks?

American Medical Association Changes Its Policy, and Now Supports Trans Fat Ban

The American Medical Association will support legislation to ban the use of artificial trans fats in restaurants and bakeries nationwide. "By supporting a ban on the use of artificial trans fats in restaurants and bakeries, we can help improve the quality of the food Americans eat and may ultimately save lives," said Mary Anne McCaffree, M.D., A.M.A. board member.

Previous A.M.A. policy urged reductions in trans fats use (not an actual ban) and encouraged replacing trans fats with healthier fats and oils. Cities such as Chicago and New York already have banned trans fats in restaurants and bakeries.

California passed legislation to ban trans fats in restaurants this July. Under the new law, trans fats must be excised from restaurant products beginning in 2010, and from all retail baked goods by 2011. Packaged foods will be exempt.

New York City adopted a similar ban in 2006 , effective July 1, 2008. Philadelphia, Stamford, Conn., and Montgomery County, Md., have passed similar bans. Boston banned trans fats earlier this year. The Boston prohibition includes all restaurants, including school and hospital cafeterias, as well as food that is prepared in kitchens inside groceries and delis.

Trans fats are created by pumping hydrogen into liquid oil at high temperature, a process called partial hydrogenation. The process results in an inexpensive fat that prolongs the shelf life and appearance of packaged foods and that, many fast-food restaurants say, helps make cooked food crisp and flavorful.

Opposition to the bans comes largely from national and state restaurant associations that argue legislative bans of trans fat should be addressed by the federal government, not at state and local levels.

California also bans trans fats in school meals.

Westchester County Passes Menu Board Calorie Disclosure Law

After a year of deliberations between legislators and public health officials, and over the objections of restaurant owners and associations, Westchester County, NY passed a bill requiring chain restaurants and fast food outlets to post calories on their menu boards and menus. Restaurants with 15 or more locations globally (regardless of ownership) will have to comply with the law after a six-month grace period. After that, the County will impose fines for non-compliance. The bill passed 15-1.

Westchester joins NYC, CA, Portland, Seattle and Philadelphia in passing menu boad disclosure laws. Proposals are still pending in DC and Nashville, and new proposals are just being introduced in Rockland County, NY.

This issue is being closely monitored by this blog and others as pending federal legislation, if passed, would make state and local menu board disclosure laws null and void. The LEAN Act, favored by industry both would preempt state and local laws and permit chain restaurants and fast food outlets to post calorie counts in places other than on menus and menu boards. The LEAN Act would allow restaurants to post calorie counts on menu supplements, or on signs other than the actual menu board. This industry-drafted legislation is opposed by most consumer advocacy groups.

The MEAL Act, also pending in Congress would be more akin to NYC's menu board law and require restaurants to post calorie counts directly on menu boards and menus. It also would preserve local laws that are broader than the federal law.