FSnet Feb. 2/07

U.S. Government of Accountability Office

Huge response to Kane alert of possible exposure to hepatitis A

Cleveland Hilton reports worker case of hepatitis A

Autopsy performed on Richland E. coli victim

Lab finds norovirus in samples

Inspections back for farmers' markets, charity events

Students fall sick

Urgent: over 400 stricken with food poisoning in Chile

Czech dairy source of listeria bacteria

Package of major food safety bills introduced by California State Senator Dean Florez

Raw milk can be poison

Whole Foods Market is voluntarily recalling 6,000 jars of 365 Everyday Value Kalamata Olive Tapenade

Something in the water

The Vocal Point: The Big Lie about our dirt-cheap food supply

We can do better than government inspection of meat

Withdrawal of direct final rule

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U.S. Government of Accountability Office
GAO-07-310
http://www.gao.gov/docdblite/summary.php?rptno=GAO-07-310&accno=A65424
GAO's audits and evaluations identify federal programs and operations that, in some cases, are high risk due to their greater vulnerabilities to fraud, waste, abuse, and mismanagement. In recent years, GAO also has identified high-risk areas to focus on the need for broad-based transformations to address major economy, efficiency, or effectiveness challenges. Since 1990, GAO has periodically reported on government operations it has designated as high risk. In this 2007 update for the 110th Congress, GAO presents the status of high-risk areas identified in 2005 and new high-risk areas warranting attention by Congress and the executive branch. Lasting solutions to high-risk problems offer the potential to save billions of dollars, dramatically improve service to the public, strengthen confidence and trust in the performance and accountability of the U.S. government, and ensure the ability of government to deliver on its promises.
In its January 2005 update, GAO identified 25 high-risk areas and, in March 2006, added a 26th area. Since 2005, progress has been made in all areas, although the extent varies by area. Both the executive branch and Congress have shown a continuing commitment to addressing high-risk challenges and taken steps to help correct several of their root causes. High-risk areas were also among the suggested areas for oversight for the 110th Congress that GAO recently provided to congressional leadership. Sufficient progress has been made to remove the high-risk designation from two areas: U.S. Postal Service transformation efforts and long-term outlook and HUD single-family mortgage insurance and rental housing assistance programs. Other areas made significant progress, but not enough to be removed from the list this cycle. Continued attention from the executive branch and Congress is needed to make additional progress in other high-risk areas. This year, GAO is designating three new high-risk areas. … The third area being designated as high risk involves federal oversight of food safety because of risks to the economy and to public health and safety. Agriculture, as the largest industry and employer in the United States, generates more than $1 trillion in economic activity annually. Any food contamination could undermine consumer confidence in the government's ability to ensure the safety of the U.S. food supply, as well as cause severe economic consequences. The current fragmented federal system has caused inconsistent oversight, ineffective coordination, and inefficient use of resources. GAO has recommended that Congress consider a fundamental re-examination of the system and other improvements to help ensure the rapid detection of and response to any accidental or deliberate contamination of food before public health and safety is compromised.



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Huge response to Kane alert of possible exposure to hepatitis A
02.feb.07
Chicago Tribune
William Presecky
http://www.chicagotribune.com/news/local/chi-070201hepatitis,1,1786750.story?coll=chi-newsroom-hed&ctrack=1&cset=true
Kane County health officials were cited as saying Thursday that more than 2,800 people who said they patronized a restaurant in Geneva where an employee was diagnosed last month with hepatitis A have been treated for potential exposure to the infection.
The story explains that a free two-week clinic set up by the Health Department in Aurora is scheduled to conclude Friday evening, and that so far, there is no sign the infection has been spread by the Houlihan's Restaurant employee diagnosed with it.



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Cleveland Hilton reports worker case of hepatitis A
02.feb.07
Cleveland Plain Dealer (OH)
Harlan Spector
http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/1170409395299160.xml&coll=2
Cleveland Health Director Matt Carroll was cited as saying that health officials advised 85 employees at the Hilton Garden Inn in downtown Cleveland to consider preventive treatment with an injection of antibodies after a food-service employee was diagnosed with hepatitis A, adding, "We don't have anything beyond the one confirmed case."
George M. Iannacone, manager of the Gateway district hotel, was cited as saying that a letter from the health department went to several hundred recent patrons of the hotel restaurant who may have been exposed. The letter advised patrons to talk to their doctors about treatment with immune globulin, a preparation of antibodies that is effective up to two weeks after exposure.



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Autopsy performed on Richland E. coli victim
01.feb.07
KNDU-TV (WA)
http://www.msnbc.msn.com/id/16933639/
RICHLAND, Wash. - Investigators are closer to knowing what killed a Richland woman who got E. coli during a national spinach scare.
A forensic pathologist has performed an autopsy on the body of 83-year-old Betty Howard. But before the Benton County Coroner determines the cause of death, he said tissue samples still need to be analyzed.



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Lab finds norovirus in samples
01.feb.07
Klamath Falls Herald and News (OR)
Laura McVicker
http://www.heraldandnews.com/articles/2007/02/01/news/local_news/local3.txt
Norovirus was, according to this story, identified as a possible culprit behind the illnesses of at least five customers at a Klamath Falls Mexican restaurant that closed Tuesday.
Delbert Bell, environmental health director of the Klamath County Public Health Department, was cited as saying that Sergio's Dos Mexican Restaurant, 4650 S. Sixth St., opened Wednesday afternoon after rigorous cleaning and a training session with public health officials on safe food handling.
Results from the Oregon State Public Health Laboratory in Portland showed five samples contained the virus, though Bell was hesitant to name it as the cause, stating, "It's conceivable it is and it's conceivable it isn't."
Between Jan. 22 and Jan. 27, more than 80 customers became ill, reporting symptoms of nausea, vomiting, diarrhea, chills, headaches, fatigue and muscle aches. Two people were hospitalized, although they had conditions that exacerbated the illness, Bell said.
Bell didn't want to blame poor handling practices of Sergio's as a reason for the outbreak, adding that the closing wasn't because of a violation.



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Inspections back for farmers' markets, charity events
02.feb.07
Belleville Intelligencer (ON)
Barry Ellsworth
Church suppers, farmers' markets and charity barbecues are, according to this story, back under inspection regulations at the local health unit.
The rules appeared to be erased last June when the province exempted the aforementioned inspections under the Food Premises Regulation.
Dr. Richard Schabas, medical officer of health at the Hastings and Prince Edward Counties Health Unit, was cited as saying the Health Protection and Promotion Act places a "statutory obligation on medical officers of health to inspect or cause the inspection of all food premises ..." which means, the inspections of farmers' markets, church suppers and charity barbecues are back on and were, Schabas said, never off.
"There wasn't an edict that they were exempt from inspection," he said Thursday.
However, the health protection act is more lenient than the Food Premises Regulation so that inspectors do not have to apply the same rigid rules as they do to restaurants, which are considered high risk for food poisoning.
"There's more discretion," Schabas said. "We've got a lot more discretion."



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Students fall sick
02.feb.07
The Vancouver Province
PRINCE GEORGE - Six school children failed to turn up at an elementary school after 137 kids were fed undercooked chicken for lunch.
Northern Health Authority Chief Medical officer Dr. David Bowering was cited as saying the parents of the 137 children were notified after authorities learned the catering company had sent undercooked chicken to the school cafeteria.
Bowering said six children failed to turn up at school and their parents reported various stomach ailments which could be linked to eating the chicken. However, he said authorities are still trying to determine if there is a link between the reported illness and the fact the kids ate the chicken.
The restaurant that supplied food to Pinewood Elementary school voluntarily suspended its operation.



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Urgent: over 400 stricken with food poisoning in Chile
01.feb.07
Xinhua News Agency (China)
SANTIAGO -- More than 400 people have been stricken with food poisoning after eating raw or undercooked sea food in Chile's fifth region since Nov. 20, the region's Health Ministry said on Thursday.



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Czech dairy source of listeria bacteria
01.feb.07
Playfuls.com - Targu Mures,Romania
http://www.playfuls.com/news_004402_Czech_Dairy_Source_Of_Listeria_Bacteria.html
Prague Radio was cited as reporting that a recent outbreak of illness caused by dangerous listeria bacteria originated in a Czech dairy plant that has stopped production.
Michael Vit, the Czech Republic's chief public health officer was cited as saying Thursday the food contaminated with listeria was traced to only one plant, whose name and location he did not disclose.
Last year, 80 people were diagnosed with listeriosis and 13 died, the radio said.
It was five times more infected people than in 2005.



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Package of major food safety bills introduced by California State Senator Dean Florez
01.feb.07
California Progress Report
Frank D. Russo
http://www.californiaprogressreport.com/2007/02/package_of_majo.html
Senator Dean Florez announced the introduction of "The California Produce Safety Action Plan" this morning in the Capitol. In a serious mood, Florez stood in front of photographs of those who had died of E, coli outbreaks.
Last year, Florez held a hearing of the Senate Governmental Organization Committee in the wake of September’s E. coli outbreak linked to California spinach, identifying a number of vulnerabilities to the food supply.
The three bills he has introduced, SB 200, 201, and 202 are designed to address those shortcomings, from water used to irrigate crops to the process for tracing the source of an outbreak. They are not yet in print.
Florez was quoted as saying, "While these outbreaks may have dealt a temporary blow to consumer confidence, we have an opportunity here to take what we’ve learned from the experience and create a food safety system that is second to none, just like California produce."
The first measure gives the Department of Health Services (DHS) the authority it needs to effectively manage future outbreaks and best protect the public from threats like E. coli, such as allowing DHS to recall, quarantine or destroy tainted produce. Under the measure, growers of leafy greens would be required to get a license through DHS, just like processors already do. During the licensing process, growers would have to identify for DHS any risk factors at their growing locations, such as proximity to wildlife which could track E. coli into crop fields. The bill also creates an inspection program, funded by the licensing fees, which will send inspectors to farms who will conduct testing of water, soil and produce as they deem necessary.
The second bill calls on DHS to establish “good agricultural practices,” or GAP, which growers of leafy greens must follow, governing everything from water and fertilizer use to issues of sanitation and flooding. The bill prohibits the use of creek water for irrigation or raw manure for fertilizer and requires that water used for growing leafy greens be tested every two weeks during the growing season and immediately prior to harvest. Growers must maintain records of these practices, which must be reviewed prior to transporting the leafy greens.
The third measure in the series requires DHS to establish the minimum requirements of a traceback system which will allow the speedy tracking of leafy greens from farm to processor, to distributor, to retailer. An expedited traceback system would allow DHS to quickly trace contaminated greens to their precise source, preventing a repeat of September when all spinach was suspect and all growers took the hit because consumers did not immediately know which produce they could trust.



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Raw milk can be poison
01.feb.07
Central Kentucky News Journal - Campbellsville,KY
http://www.cknj.com/articles/2007/02/01/opinion/letters%20to%20the%20editor/01letter.txt
William R Henning, Professor Emeritus of Animal and Food Science, Penn State University, writes that as a University of Kentucky graduate in animal and food science, he feels compelled to answer some of the illogical and unscientific arguments for drinking raw milk.
No, raw milk will not cause widespread disease and death and will not ruin agriculture. However, as a scientist who has had a career working on food safety and with food science, this whole argument is an argument against everything I was ever taught. Especially if it is fueled and fomented by a group that consists of anti-government, anti-technology, anti-business radicals who use feelings and testimonials to make their decisions.
We know that raw milk can contain many different pathogens, including Listeria, Salmonella, E coli O157:H7, Campylobacter, Mycobacterium paratuberculosis, Brucella and others. Most of these will not kill people, but we know that in other states raw milk has killed children. Does it happen often? No, but who is going to tell the parents who lost their child that it is not that dangerous because it doesn't happen often? Who is willing to take that risk?
Even though I grew up on raw milk, I certainly would not feed it to my grandchildren. For one thing, the pathogenic, toxin forming E coli did not exist as such when I grew up. It is a killer to children because it forms a toxin and shuts down the kidneys. This is a terrible way to see children die. It is found widely in the environment. I have found it in whitetail deer, starlings, cow water tanks, raccoons, opossums and it is certainly found widely in cattle.
It is easily killed by cooking, including pastuerization. If we won't believe the science, why don't we just shut down the University of Kentucky College of Agriculture? If we won't believe what the scientists say, we might as well save the money and just let the public figure it out for themselves. This is not what I want for my family and for the future of our citizens. Follow the law, there is a scientific reason for it.



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Whole Foods Market is voluntarily recalling 6,000 jars of 365 Everyday Value Kalamata Olive Tapenade
31.jan.07
Whole Foods Market Media Release
FOR IMMEDIATE RELEASE -- Austin, TX -- Effective immediately, Whole Foods Market is voluntarily recalling 6,000 jars of a 32,000-jar lot of its 365 Everyday Value Kalamata Olive Tapenade because the product may contain glass fragments, which may cause injury if ingested.
The code for the product is found on the top of the lid and the number is: B.B. 14/09/2009 L 257/06 with time stamps ranging from 14:00 through 16:00. Jars with time stamps within this range should be discarded and not consumed. The recalled product was distributed nationwide to Whole Foods Market stores. It comes in an 8.12 ounce jar with a purple and brown label. The barcode number (UPC) for the product is 0009948241757. The decision for the recall came after the Company received two reports in Texas of glass being found in the product.
Customers can return the affected product to their local store for a full refund. Any questions or concerns may be directed to Whole Foods Market at 512/542-0656 or PrivateLabel.CustomerService@WholeFoods.com.



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Something in the water
02.feb.07
Consumer Online - Wellington, New Zealand
http://www.consumer.org.nz/newsitem.asp?docid=2849&category=News&topic=Drinking%20water%20safety
In 2005 102,000 people were served by registered supplies with water containing unacceptable levels of E. coli.
84,000 were exposed to greater risk of disease as the supplier did not take immediate steps to correct the problem once E. coli was found.
In 111 schools the water supply was contaminated with E. coli during 2005.
These are just three of the findings of the Ministry of Health's Annual Review of the Microbiological and Chemical Quality of Drinking Water in New Zealand. The document covers the 2005 year and was published on 30 January 2007.
The review measures water quality against the Drinking Water Standards for New Zealand: 2000.
The standards give top priority to microbiological quality because bacteria and protozoa can cause rapid and major outbreaks of illness. The bacterium Escherichia coli (E. coli) is used as an indicator that the water has been contaminated by human, bird or animal faeces and water providers are required to check for its presence.
The protozoan cryptosporidium is also used as a measure of a water's safety but it's difficult to check for its presence as it is not evenly distributed through water. Providers must have systems in place to monitor water quality and to remove these contaminants from the water supply.
Approximately 76 percent of New Zealanders received water that has been shown to meet the requirements for protection against E. coli, and 71 percent received water that met the requirements for cryptosporidium. Most large communities - towns with more than 5,000 people - had water supplies which met these requirements, but many smaller communities were supplied with water which was not microbiologically safe.
Unsafe water
Twenty four percent (980,000) of New Zealanders are supplied with water that isn't known to be safe to drink.
Of those, nearly half, (460,000) get their drinking-water from rooftop tanks or bores. Their supplies aren't included in the Review, but a recent Massey University study found that more than half of 560 samples from private rooftop supplies were contaminated by faecal matter.
Two percent - 102,000 - received water that had been contaminated by E. coli. Most lived in small communities but serious failures occurred. In Blenheim and North End Oamaru too many samples were contaminated with E. coli, and in Kawerau and Matamata the suppliers failed to take appropriate action once E. coli was found.
Most of the rest had water that didn't comply with the standard because it was not checked often enough to show that it was safe from E. coli.
It's a concern that 145 small supplies - including schools, motor camps, maraes, hotels and lodges - stopped monitoring their water quality in 2005. Forty-one of them had been found to have E. coli in their water during 2004. Some were maraes and schools and schools serving very small numbers, but among them were hotels and camps - Tolaga Bay Motor Camp, Punakaiki Rocks Hotel, Purau Motor Camp - where visitors might not be aware of the risks in drinking the water.
Water in schools
Many schools have inadequate treatment or monitoring. There are 624 schools with their own water supply, but only 81 provided adequate protection against E. coli.
Children are especially vulnerable to infections so it is important they have access to safe water. Boards of Trustees are responsible for testing water supplies and for minor upgrades, ongoing maintenance and operating costs. Where a major upgrade is necessary, the Ministry of Education will carry out the work under its capital costs programme.
Hospitals and health service providers
Hospital patients are another group at high risk of water-borne infections. Of the nine healthcare providers with their own water supply, Princess Margaret Hospital in Christchurch and Ashburton Hospital had inadequate monitoring and the Waiheke Health Trust supply was found to contain E. coli.
We say
It's encouraging that the proportion of New Zealanders supplied with safe drinking-water continues to increase - up two percent from 2004. But in 2005 there was an increase in the number of people in supplies that were not monitored, and a large increase in those with supplies where appropriate action wasn't taken after E. coli was found.
Unless it's taken from an enclosed aquifer, such as the one which supplies Christchurch, New Zealand groundwater can be assumed to be contaminated by faecal matter. Drinking-water suppliers should treat and monitor their water to make sure it is safe, or warn consumers of the risks.



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The Vocal Point: The Big Lie about our dirt-cheap food supply
02.feb.07
Meatingplace.com
Dan Murphy
One of the most enduring truisms repeated religiously by media is the annual statistics about how affordable food is for the average American family.
As it does every year, USDA recently distributed a glowing news release claiming that, "On average, Americans spend just under 10 percent of their disposable income on food, [meaning] it takes only about 36 days for most Americans to earn enough money to buy groceries for the entire year."
As a factoid accepted without questioning by both media and activists, it's right up there with Centers for Disease Control and Prevention's assertion that, "Foodborne diseases cause 76 million illnesses, 325,000 hospitalizations, and 5,000 deaths each year."
You'd think such numbers were etched onto stone tablets the way reporters reverently quote them in every story related to the topic.
(But in all such stories repeating that food-safety stat, none ever mentions CDC's own calculations, which appear exactly one sentence later on its Web site, acknowledging that, "Unknown agents account for 62 million illnesses, 265,000 hospitalizations and 3,200 deaths." In other words, the pathogens most often implicated in meat-industry critiques are officially accountable for less than 20 percent of the problem).
As for how cheap our food (allegedly) is, anyone who's spent more than 60 seconds in a supermarket lately could testify that the credibility of USDA's "official data" ranks right up there with Barry Bonds' professions of innocence about steroid use.
USDA even ups the believability ante by insisting that, "The percentage of disposable personal income spent for food has declined over the last 37 years, [a] decrease . . . especially interesting when you consider that Americans today buy more expensive convenience food items for preparation at home, as well as more food away from home."
Yes, it's especially interesting.
And wildly inaccurate.
The easiest way to deconstruct this "food costs less than 10 percent of your income" fallacy is to simply review the arithmetic. USDA uses Bureau of Labor Statistics numbers and cost-of-living indices in its calculations, and that's where the problem begins.
For example: In 2004 (the most recent data available), USDA estimated that the total U.S. "disposable personal income" — which excludes employer contributions to Social Security, Medicare and retirement and pension plans, by the way — was $9.04 trillion. If you add up the estimates of what Americans spent on food at retail ($524.3 billion) and foodservice ($369.8 billion) in 2004, it totals $894.1 billion. Voila! That's 9.9 percent of the U.S. disposable income spent on food.
But if you divide that nine trillion-plus by the 300 million people living in the United States, you get an average of $30,126 worth of disposable income for every person in the country. While that might be true as a mathematical average, it would mean that the mythical family of four (two adults and two children), on which USDA bases its calculations of how much we allegedly spend on food, would have an "average" disposable income of $120,506.64.
But the latest U.S. Census Bureau data state that, "The real U.S. median income of households in the United States rose by 1.1 percent between 2004 and 2005, from $45,817 to $46,326" (from the report, "Income, Poverty, and Health Insurance Coverage in the United States: 2005").
In other words, although the "average" annual household income – a number that averages what you, me and Bill Gates collectively earn — exceeds one-twenty large, the "median" income, which is what real families at the midpoint of the income scale actually earn, is only about one-third of that total.
It gets worse
For that family of four, which USDA defines as a couple, 20 to 50 years and two children, 2 to 5 years old, weekly food costs supposedly range from $104.50 a week, or $5,434 for the year (the "Thrifty" plan) to $198.90, or $10,342.80 for the year (the "Liberal" plan).
If we consider the "Moderate" plan in between those two, USDA estimated that a family of four would spend $160.60 a week on food, or $8,135.20 for a year. Of course, that only includes spending for food products purchased at retail, not meals purchased for eating away from home. If we accept USDA's estimate that 58 percent of household food budgets are spent buying food products for home preparation, then we would have to add another 42 percent, or $5694.64, to the family food budget.
That would total $13,829.84 per year per family for food.
If the presumption is that "less than 10 percent of disposable income goes to food costs," that would mean the average family of four has more than $130,000 in annual disposable income. Even if we limit the statement to "food purchased at stores for preparation and consumption at home," as USDA does, that means the mythical family of four would have $56,946.40 in disposable income.
Which, as already noted, is 22 percent above the actual U.S. median income.
And that doesn't even address the definition of "disposable." Census data represent earned income, and last time I checked, there's a big difference between the top and bottom lines of on most paychecks.
Either way, USDA's calculations are preposterous. If you limit food costs only to food bought at supermarkets for home meal preparation, you've just excluded a huge segment of the consumer food dollar as it's actually allocated by real people living lifestyles that include significant spending on restaurant, fast food and take-out foods.
And if you include the total food purchases consumers make — not just what's in their shopping carts — then the income levels needed to even pretend we're only spending 9.9 percent of our incomes on food are patently absurd.
Why does this matter? Why can't we just smirk, acknowledge that all agencies — public and private — love to spin the stats and go back to what we were doing before we skimmed through yet another version of USDA's self-serving nonsense?
Well, this annual charade does matter, for three reasons.
First, call me a crazy journalist, but I think we deserve truth and accuracy in official statistics. Government ought to be giving us data to help us understand the realities that influence our decision-making as citizens, not crafting fairy tales out of whole cloth.
Second, if we were to believe that we devote less than 10 percent of our household budgets to food procurement, that would make food production and processing a lot less important as a national policy challenges than such issues as energy costs, transportation and health care. In fact, food security is one of the most fundamental issues any nation faces, and USDA's rose-colored assessment obscures the priority food and agriculture ought to receive at the federal level.
Finally, and most importantly, if food is truly as cheap as USDA's economists would have us believe, that would mean our food and farm policies are working.
And they're not.
The recent series of farm bills have been little more than bloated giveaways to a handful of multinationals to subsidize production of commodity exports. The Doha Round of WTO trade talks fell apart last year in large measure because of the massive ag subsidies USDA provided, not to the larger farm community, but to Big Ag and corporate farm operations.
Equally important, other major agricultural challenges, such as land-use policies, irrigation resources and soil conservation — not to mention the long-term challenges of biofuel crops versus feed grains, rural economic development and sustainable food production — continue to be seriously underfunded.
The bottom line is that we do not enjoy "cheap food." Our farm policies need serious revision. As a nation, we need to start confronting and dealing with some serious food-related challenges that will ultimately affect everyone from farmers to producers to packers, processors, retailers and foodservice operators.
And, oh yes — everyone who buys and consumes food.
It doesn't help when USDA plays games with the numbers to maintain the illusion that all's well with food production and we should all just go back to worrying about spending the other 90.1 percent of our disposable income.



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We can do better than government inspection of meat
01.feb.07
Foundation for Economic Education
E. C. Pasour, Jr.
http://www.fee.org/publications/the-freeman/article.asp?aid=3375
Last year’s news reports of tainted beef focused public attention on the safety of the meat supply. In August 1997, Secretary of Agriculture Dan Glickman forced Hudson Foods to recall 25 million pounds of hamburger meat produced at the firm’s state-of-the-art plant in Nebraska. The nation’s largest beef recall occurred after several Colorado consumers became sick from hamburgers linked to E. coli contamination.
Examples of illness rooted in unsafe meat are not isolated incidents. Bad or undercooked meat causes an estimated 4,000 deaths and 5 million illnesses annually, according to the federal government’s Centers for Disease Control.[1] Moreover, a single incident of contaminated meat has the potential to affect large numbers of people. In 1993, five hundred people became ill and four children died in the Pacific northwest as a result of eating tainted hamburgers.
Illness and death caused by bad meat (whether tainted or undercooked) inevitably evoke calls for more government regulation. It is ironic that increased government intervention is viewed as an antidote to tainted meat, despite the federal government’s long-standing responsibility for meat inspection in the United States. Indeed, the Hudson Foods incident occurred only a year after President Clinton announced the most sweeping changes in the government’s meat-inspection system. Moreover, a federal inspector was based at the Hudson Foods plant to check the plant’s procedures daily.
Chronic problems related to meat inspection and meat safety warrant increased scrutiny of the most appropriate method of inspecting meat. During recent decades, successful deregulation initiatives occurred in a number of areas including banking and transportation. This shows that market forces may provide an improvement over government regulation of economic activity, even when regulations are long-standing and widely accepted.
Is Meat Inspection Different?
Skeptics, including even many market proponents, might say that the conventional analysis doesn’t hold for government regulations protecting health—where slip-ups can be fatal. Problems of “government failure,” however, may be worse than any market imperfections that government regulation is instituted to remedy.[2] Thus, government failure would have even graver implications for health issues.
Is it possible that the free market could substitute for, and even improve on, the current system of federal meat inspection? The following analysis demonstrates that the problems in government meat inspection are similar to those that plague all other government regulation of economic activity. There is no way for government regulators to obtain the information and realize the incentives of the decentralized market process, whatever the area of economic activity. Thus, market inspection of the U.S. meat industry, when contrasted with the current system of federal regulation, is likely to reduce the incidence of illness associated with the consumption of unsafe meat.
Federal Meat Inspection—How It Began
The Meat Inspection Act of 1891 was a major landmark in federal regulation of meat and, indeed, of federal regulation of economic activity in the United States.[3] A review of the political economy of that era is helpful in understanding the impetus for government regulation. Most government intervention then and now, at least ostensibly, is in response to “market failure”—economic outcomes that fall short of “perfect competition.” (All markets fail, of course, when measured against this criterion.)
Moreover, the 1891 act was instituted under false pretenses. It was a solution to a largely nonexistent problem—contaminated meat. There is no reliable evidence that tainted meat was a major factor in the adoption of the legislation. In a political-economic analysis of the era, Gary Libecap concludes that “the record does not indicate that the incidence of diseased cattle or their consumption was very great, and there is no evidence of a major health issue at that time over beef consumption.”[4] Government meat inspection, once in place, however, like many other government regulations, was soon viewed as necessary to protect consumers.
There is a great deal of evidence that the political impetus for the 1891 legislation was the consequence of rapidly changing economic conditions. Market dominance by Chicago meat-packers—primarily Swift, Armour, Morris, and Hammond—quickly followed the introduction of refrigeration around 1880. Refrigeration allowed for centralized, large-scale, and lower-cost slaughterhouses because of production, distribution, and transportation advantages. The four large Chicago firms accounted for about 90 percent of the cattle slaughtered in Chicago within a decade after the introduction of refrigeration.
The Chicago packers fundamentally changed demand and supply conditions in the meatpacking industry. Small, local slaughterhouses throughout the country were rapidly displaced because they could not compete with the lower-cost Chicago packers. Local slaughter firms, in response, charged that Chicago packers used diseased cattle and that their dressed beef was unsafe. The disease issue, as bogus as it apparently was, threatened both domestic demand and export markets for U.S. meat. Cattle raisers, especially those in the midwest, backed federal meat inspection to promote demand.[5]
Cattle producers were also concerned about falling prices. Prices fell because the supply of cattle grew rapidly. But producers attributed the fall to their declining market power versus the Chicago packers—a charge that seemed credible because of the packers’ size and concentration. Ostensibly to deal with the largely spurious allegations of unsafe meat and collusion by the Chicago packers, cattlemen, and local packers called for federal meat inspection and antitrust legislation. Enactment of the Sherman Act in 1890 and the Meat Inspection Act of 1891 were thus closely tied legislatively.[6]
The Jungle and the Meat Inspection Act of 1906
The famous Meat Inspection Act of 1906 also was heavily influenced by false charges. Ideas have consequences, and public policy can be influenced by a popular book, such as Upton Sinclair’s The Jungle—regardless of its merits. The muckraking novel focused on greed and abuse among Chicago meat-packers and government inspectors.[7] The characters in The Jungle tell of workers falling into tanks, being ground up with animal parts, and being made into “Durham’s Pure Leaf Lard.”
Sinclair wrote The Jungle to ignite a socialist movement on behalf of America’s workers. He did not even pretend to have actually witnessed or verified the horrendous conditions he ascribed to Chicago packing houses. Instead, he relied heavily on both his own imagination and hearsay. Indeed, a congressional investigation at the time found little substance in Sinclair’s allegations.[8]
Nevertheless, the sensational allegations dramatically reduced the demand for meat. U.S. exports fell by half. Major meat-packers saw new regulations as the way to restore confidence, and they strongly endorsed the Meat Inspection Act of 1906, which expanded the scope of federal inspection to include smaller competitors.
Economic conditions back then were much different from today’s. However, there is a lesson to be learned from that early period concerning government and free-market approaches to meat inspection.
The early legislation, for the most part, was not a response by government to a legitimate public-health threat. Congress enacted the 1891 act in response to political pressure by local meat-packers and cattle growers who felt victimized by the rise in power of the Chicago packers and by lower cattle prices. This legislation along with the Sherman Act and the Interstate Commerce Act, all enacted within a four-year period, represented a significant break with what had previously been considered an appropriate role for the federal government.[9]
The 1906 Meat Inspection Act, too, was largely a response to the meat industry’s financial problems rather than to a health threat. The earlier spate of interventionist legislation, however, had provided a new mandate for government regulation of economic activity that facilitated the passage of the 1906 act. Thus, the case of federal meat inspection is yet another example of Ludwig von Mises’s insight that government intervention almost inevitably leads to further intervention.
Pitfalls of Government Regulation
Thus government meat inspection, like most other economic regulation, was instituted mainly because of favor-seeking: the use of time and money to harness the power of government for private ends.[10] Favor-seeking is a negative-sum activity. The nation’s output of goods and services decreases as resources are used to restrict competition rather than to expand production and exchange. Favor-seeking is just one example of “government failure.”
Government intervention often is counterproductive because of information and incentive problems. The crucial economic problem confronting society is how to use people’s specialized knowledge to best satisfy consumers. As Nobel laureate F.A. Hayek emphasized, government officials cannot obtain the information that motivates individual choice because that information, much of which is never articulated, is strongly linked to a particular time and place. Consequently, officials must base decisions on something other than the “public interest,” if that term means the interests of the people who comprise the public.
Moreover, even if the information could be known, it is unlikely to be used most effectively. Government officials lack appropriate incentives because power and responsibility are separated. Those who make and administer laws do not bear the consequences of their actions, at least not to the same extent as private individuals. As shown below, markets generally are superior to government regulation because they cope better with information and incentive problems.
Dealing with Change
Related to the incentive problem is another flaw in the current system of meat inspection: the adverse effect of government regulation on innovation. That flaw is found in all alternatives to the decentralized market process.[11]
In the absence of the profit motive, individuals have less incentive to discover and implement new technology in the inspection and handling of meat. No one knows, of course, which new technology will ultimately prove beneficial in meat inspection or in any other area. However, in the marketplace, if an innovation proves to be profitable the person responsible for it will receive a large part of the reward. Things are quite different in a centralized system. Under government regulation, the government employee who discovers or adopts a potentially superior technology is likely to receive only a small amount of additional compensation. On the other hand, if the innovation doesn’t pan out, he will lose much less than the entrepreneur in a profit-and-loss system.
This fundamental difference between markets and government is highly important to innovation in the meat industry. The heart of U.S. meat inspection continues to be the “poke and sniff” method that relies on the eyes and noses of some 7,400 Department of Agriculture inspectors. In 1997 a small Massachusetts company, SatCon Technology Corporation, working with a North Dakota-based group of ranchers, found a way to use lasers to find illness-causing pathogens such as E. coli and salmonella by scanning animal carcasses in slaughterhouses.[12] Such technological innovation has the potential to revolutionize meat inspection in the United States.
But it is more likely to be adopted in a free market than in a government-regulated market. Since it has the potential to dramatically reduce both the amount of labor currently used in meat inspection and the rationale for government regulation, it is inconsistent with two important goals of any bureaucracy: maintaining jobs and expanding its operation.
Market Competition Versus Government Regulation
The experience of government control of economic activity shows why government meat inspection is likely to be inferior to free markets. Private inspection firms, which must meet the market test, have a greater incentive to be effective than do government regulators. A private firm providing information to consumers about meat quality will reap profits when successful and incur losses when not. Thus, if a private meat-grading service were to become lax in satisfying consumers, meat firms no longer would be willing to pay for the service. Consequently, the private firm not only has an advantage in obtaining the necessary information; it also has a greater incentive to use it in the interest of the public weal.
Moreover, profit-seeking firms are likely to have a greater incentive than government regulators to adhere to quality standards. Government inspectors get to know the people operating the plants they regulate. Strict enforcement of standards might create hardship for those people. For example, if meat is considered to be of marginal quality but not to pose a significant health threat, regulators may be inclined to overlook such infractions. In short, when contrasted with market regulation, government regulators have a smaller incentive to enforce safety regulations.
Who Will Protect the Consumer?
Numerous studies have shown the benefits from privatization. It is quite likely that problems of food safety would be dealt with better through the decentralized market process, which provides a greater opportunity for both business firms and consumers to achieve their goals. Stated differently, the market process provides a greater incentive than government regulation for private firms and consumers to discover, disseminate, and use information about the quality of meat.
For one thing, government regulation gives consumers a false sense of security.[13] It leads them to assume that they are being protected by the government, reducing the incentive to do their own checking. Market methods of inspection, in contrast, give consumers a greater incentive to acquire information about the quality of meat. Consequently, they are likely to be more alert to potential problems of food safety.
It is true, of course, that meat may be contaminated when it appears to be safe. If sellers of meat have more information about quality than consumers do, can consumers look after their interests? Yes; uneven information does not imply that sellers have an incentive to sell unsafe meat. Consumers are protected by the sellers’ economic interests.
The use of brand names, such as Armour or Swift, is one way that private firms assure quality standards for meat.[14] A brand name enables consumers to identify a firm’s meat product and choose it over competitors. Hence, a firm with an established and valuable brand name has a strong financial incentive to adhere to quality standards.
A company responsible for selling contaminated meat can be quickly ruined by adverse publicity about its products. The recall of Hudson beef in 1997 left Burger King branches across the midwest without hamburgers. Following the recall, Burger King canceled their contract with Hudson Foods and announced that it would never buy from the company again—showing that it is strongly in the financial interest of business firms not to sell tainted meat.
Where quality is difficult for consumers to evaluate, little-known firms may benefit from the services of private inspectors to certify safety. There is considerable evidence that market forces can assure product quality without government regulation. Best Western, for example, is a private certification agency that enables travelers to identify motels that meet specified quality standards. Underwriters Laboratories establishes standards for electrical products, and tests them to see if they meet those standards. These examples show that firms frequently are willing to pay to assure customers that their products meet prescribed standards. The success of Consumer Reports and similar publications is further evidence that consumers are willing to pay to be informed.
Is meat inspection an exception to the rule that private firms generally perform more effectively than government? There are good reasons to think that market-based inspection of the meat industry could improve on the current system. Illness associated with contaminated meat often occurs with federal meat inspection. There is no way, of course, to prevent all food-related illness. Mistakes on the part of buyers and sellers, and some degree of fraud, are unavoidable whatever the institutional arrangement. The goal in meat inspection, as in other areas of economic activity, is to establish an institutional arrangement that provides and uses information in a way that best serves consumers. The free market generally is more effective than government regulation in doing so.
Why Not More Market Inspection of Meat?
We’ve seen that businesses and consumers are willing to pay to assure product quality. And, as emphasized throughout, it is apparent that private inspection agencies “have a lot going for them.”[15] Yet, despite the ostensible advantages of the market approach, there is little reliance on market forces in meat inspection in the United States. Why does the meat industry not rely on market regulation more?
Market-generated information about the quality of meat undoubtedly would be much greater in the absence of government regulation. Government inspection tends to preempt market inspection, much as taxpayer-financed education crowds out privately funded schools, by reducing the incentives of sellers and buyers to look after safety on their own.[16] There is little demand on the part of meat handlers for services that would be provided by private firms in the absence of government inspection. Business firms are, of course, also happy to have the taxpayers pick up the tab for inspection.
Similarly, with assurances by the USDA (and the media) that government regulation is crucial to consumer safety, there is little impetus for consumers to change the current institutional arrangement. Moreover, when problems of meat safety occur, there is no discussion of “government failure.” Instead, regulatory officials plead for more power. In the aftermath of the Hudson Foods incident, for example, Secretary Glickman requested additional authority to shut down food-processing plants and to impose fines of $100,000 per day on any plant not obeying his order.
There can be no guarantees when it comes to food safety. Indeed, zero risk is not a reasonable objective in any aspect of human action. There are two approaches to ensuring the safety of meat—market inspection and government regulation. It is ironic that the public expects government regulation, which has more imperfections than the competitive market process, to provide for meat safety.[17] Few people question the appropriateness of government regulation of the meat industry, even when they fault its effectiveness.
No one has a stronger interest in protecting consumers from tainted meat than the businesses in the industry. Ultimately, safety is best assured when rooted in the self-interest of business firms and consumers.
E. C. Pasour, Jr., is an economist at North Carolina State University.



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Withdrawal of direct final rule
02.feb.07
[Federal Register: (Volume 72, Number 22)]
[Page 4963]
[DOCID:fr02fe07-12]
40 CFR Part 180
[EPA-HQ-OPP-2006-0175; FRL-8111-3]
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
SUMMARY: Because EPA has received adverse comments, the Agency is
withdrawing the direct final rule excepting from the definitions of
``pesticide chemical'' and ``pesticide chemical residue'' under section
201(q) of the Federal Food, Drug and Cosmetic Act (FFDCA) food
packaging (e.g., paper and paperboard, coatings, adhesives, and
polymers) that is treated with a pesticide. The rule was published on
December 6, 2006 (71 FR 70667) (FRL-8084-2). We stated in that direct
final rule that if EPA received adverse comment by January 5, 2007, the
Agency would publish a timely withdrawal in the Federal Register. We
subsequently received adverse comment on that direct final rule and are
therefore withdrawing the rule. EPA may issue a notice of proposed
rulemaking in a future edition of the Federal Register to initiate
action to repromulgate the rule provisions that are being withdrawn
today. In any such action, EPA would address the adverse comments it
received on the direct final rule.
DATES: The direct final rule published at 71 FR 70667, December 6, 2006, is withdrawn, effective January 25, 2007.
FOR FURTHER INFORMATION CONTACT: Mari L. Duggard, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave.,
N.W.,Washington, DC 20460-0001; telephone number: (703) 308-0028; fax
number: (703) 308-7026; e-mail address:duggard.mari@epa.gov.
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