Co-authored by Michael Kowalcyk
Ten years ago today, our 2½-year-old son Kevin died from complications due to an E. coli O157:H7 infection. We later learned that Kevin's strain of E. coli O157:H7 matched that of a meat recall issued 16 days after he died. Unfortunately, we were never able to conclusively prove that Kevin consumed the recalled meat, which was the requirement to show liability in the state where he died. As many of you know from Food, Inc., Kevin's death and the challenges we encountered following his death propelled our family to advocate for Kevin's Law and eventually establish a new non-profit, the Center for Foodborne Illness Research & Prevention.
Kevin's Law was first introduced in Congress as the Meat and Poultry Pathogen Reduction and Enforcement Act of 2002 by Senators Tom Harkin, Dick Durbin and Hillary Clinton. It was later re-named Kevin's Law in honor of Kevin and our family's work to pass the legislation. Kevin's Law was a response to a court of appeals ruling that USDA did not have the authority to shut down plants that repeatedly produced meat and poultry products that were contaminated with Salmonella (the Supreme Beef case of December 2001). Kevin's Law required USDA to work with CDC to identify foodborne pathogens that impact human health, set limits for those pathogens in meat and poultry products, and then shut down plants that repeatedly fail to meet those limits. Despite being introduced in Congress three times, Kevin's Law never passed. Key elements of Kevin's Law were included in the recently enacted Food Safety Modernization Act, but that legislation applies only to FDA (with food safety oversight of dairy and produce), not USDA (with food safety oversight of meat and poultry).
Last week, Cargill announced a 36 million pound recall of ground turkey for an antibiotic resistant strain of Salmonella that has caused 77 illnesses and one death. Every day, new light is being shed upon the details of this recall and the associated outbreak investigation. According to published reports, USDA testing found this strain of Salmonella four times over the past year but did not take action. In fact, five months passed from the first reported illness to the recall. During that time period, many families -- and particularly children -- were unnecessarily put at risk of serious foodborne illness and even death. That is completely unacceptable. Government authorities should have acted sooner.
Unfortunately, the reality is that, due to the Supreme Beef ruling, USDA's hands are tied. Unless a pathogen is considered an adulterant, USDA cannot take action -- even if they find these pathogens during routine testing. Right now, E. coli O157:H7 is the only pathogen that is considered an adulterant. In January, USDA submitted a proposal to the White House Office of Management and Budget to declare six other E. coli strains as adulterants, but OMB has not responded. There is growing concern among public health officials in the United States about antibiotic resistant strains of Salmonella, but these are not considered adulterants either. Yet, in Europe, initiatives have already been introduced to reduce risks from antibiotic-resistant Salmonella.
Currently, USDA tests meat and poultry products for Salmonella and has limits in place for how much Salmonella can be in any particular testing sample of meat. The limits are woefully inadequate, and thanks to the Court of Appeals, they aren't enforceable anyway. USDA can't take action against a meat or poultry producer even if the limits are repeatedly exceeded.
For example, take ground turkey. When USDA tests for Salmonella, they take individual 1-pound samples on 52 consecutive days of production. Sometimes it takes a year to complete a set -- and the establishment gets a heads up that a sample is going to be taken! In addition, if 26 or fewer are positive, the sample set passes. If more than 26 are positive, the sample set fails. Basically, these are like open book exams -- not pop quizzes -- where a 50% is still passing! And even when a sample set fails, USDA does another set of testing. And they keep doing testing until a set passes.
Under Kevin's Law, USDA would have the authority to shut down a plant if it repeatedly exceeds acceptable limits. Right now, the testing continues until illnesses are actually linked to the product. As discussed in a previous blog, foodborne illness investigation is not easy and usually takes a lot of time, which is one of the reasons it took five months to issue this recall. Inter-agency communication problems also contributed to the delay in this situation.
The reality is that, if Kevin's Law had been passed, this outbreak may have been avoided or, at the very least, USDA would have been able to take action sooner. USDA needs the authority to take action when contaminated products are causing human illness. They need to be able to set limits for foodborne pathogens. They need to reduce those limits over time to prevent fewer pathogens from entering the food supply. And, they need the authority to shut down producers that repeatedly fail to meet those standards.
We find it a bit ironic that this issue would arise again on the 10th anniversary of Kevin's death. Our family has never given up on passing Kevin's Law. It is clear that USDA needs these authorities before more American families suffer. I urge Congress to consider re-introducing Kevin's Law, to pass Kevin's Law, and we ask that you join us in making this a reality.
Kevin, we love you and miss you. You changed our lives forever, and we will continue to honor your life and your memory by working to make our food safer.
Kevin's Mom and Dad,
Barbara and Michael Kowalcyk
Barbara Kowalcyk is the CEO of the Center for Foodborne Illness Research & Prevention. Michael Kowalcyk is an economist. He has advocated extensively for the passage of Kevin's Law.
Click here to donate to the Center for Foodborne Illness Research and Prevention (CFI)
Paula Crossfield: Food Safety Visualized
However, what we need is not another law but going back to 90's and recall low dose radiation treatment for our meets and vegetables.
I realize it's not easy task to fight fear and ignorance but people should be educated how safe this technology is and how many deaths could be so easily prevented.
In this new century, this maxim seems to be turning on its head: "What bad for people is good for business." And the John Roberts-led Supreme Court seems to be leading the charge.
I am not talking down to another's choices. I am stating where I am in my process of evolving into a fully, aware human being. If you took it as my talking down to your choice as a carnivore than that is how you interpreted my post. As for questioning my statement about being a vegetarian is the best thing for the planet, it is a fact that beef production emits more greenhouse gasses than our cars. Cattle consume grain which could be used to feed people. http://www.scientificamerican.com/article.cfm?id=the-greenhouse-hamburger
I have made a concious decision to try to do what I can to assist with the reduction of CO2 emissions which contribute to global warming. One of the things I do is not eat meat. I know that as a by-product of that choice, I feel better and look better than I have in years.
I am very sad for Barbara and Michael Kowalcyk loss with the death of their son. But my post did nothing to demean them in any way. Thank you for your comments.
A food recall, for any food processor, is a worst case scenario. As a result, few processors rely on the US govt to ring the bell when an unacceptable bacterium is found. They have their own labs and quality teams to ensure the success of their business. Remember- businesses are owned and staffed with people who have families and loved ones themselves- they are not out to intentionally hurt your family members. Likewise, I envision that processors will work with govt agencies to tackle an enormous task that simply cannot be done by our beloved govt alone.
after reading that remarkable article,
your solution would be "poisoning...the poison?"
Not stricter regulatory food supply requirements.
But radiation of the food?
wow.