Workers outside a Topps Meat Co. plant in Elizabeth, N.J., Friday, Oct. 5, 2007, after Topps announced it was going out of business following a recall of frozen hamburger patties. Credit:Mike Derer/ AP Photo.

by Stephen Hedges

Sen. Richard Durbin has asked the U.S. Department of Agriculture to explain why a recent large recall of hamburger meat took so long to enact, and whether USDA has adequate controls in place to prevent more food contamination in meat plants.

In a letter sent today to USDA’s Food Safety and Inspection Service, Durbin, a Democrat, states, “It is alarming that, following several years of reductions in the number of cases of E. coli infections, we are now witnessing a sharp rise in both the number of incidents requiring a recall and the number of people infected by this harmful bacteria.”

That rise, Durbin writes, includes 16 recalls this year due to E. coli bacteria in beef, or a total of 28 million pounds of ground beef.

“This spike,” the letter states, “warrants additional attention.”

Durbin asks for information of USDA’s actions during the recent recall of 21.7 million pounds of frozen hamburger patties made by Topps Meats Co., of Elizabeth, N.J. At least 38 people in eight states -- including one in Indiana -- have fallen ill after eating Topps hamburgers.

Tests linked an E coli illness in Florida to Topps hamburgers in early September. But the Tribune has reported that USDA delayed a recall for 18 days while it ran additional tests of Topps beef.

Addressing that delay, Durbin asked USDA to “please provide a detailed timeline of the Topps recall, including but not limited to consumer complaints, inspector actions, product testing, and effectiveness checks.”

Durbin’s letter also request, “all reports, follow-up inspections and correspondence with Topps officials from 2000 to the present.”

More broadly, Durbin asked USDA for information on whether the agency is pursuing information on Topps’ suppliers. The company made its hamburger patties from beef purchased from larger meat packing companies. It is at those larger plants, USDA officials have said, that the E coli contamination occurs.

Durbin’s letter also raised questions about USDA’s force of meat inspectors who work in meat packing plants. The Tribune reported Sunday that the inspector force is overwhelmed by the meat production workload and that many meat inspector vacancies remain unfilled.

USDA has said that it is investigating Topps Meats operations, and that it is aggressively trying to fill vacant positions. Topps closed because of the size of the late-September recall, which encompassed a full year’s production of hamburger patties.

Here's Durbin's letter:

October 17, 2007

Dr. Richard Raymond
Under Secretary
Food Safety Inspection Service
U.S. Department of Agriculture
1400 Independence Ave., SW
Washington, DC 20250

Dear Dr. Raymond:

I am writing in response to the recent string of recalls of ground beef contaminated with E. coli 0157:H7 bacteria. The safety of our nation’s food is dependent on the commitment and diligence of food manufacturers, combined with the insistent oversight of food safety inspectors. Any lapses must be swiftly addressed. We must not accept the status quo when it comes to foodborne illnesses.

It is alarming that, following several years of reductions in the number of cases of E. coli infections, we are now witnessing a sharp rise in both the number of incidents requiring a recall and the number people infected by this harmful bacteria. In 2007 alone, there have been 16 separate and independent recalls of ground beef due to E. coli, resulting in dozens of cases of significant foodborne illnesses and more than 28 million pounds of product being removed from the stream of commerce. This spike warrants additional attention.

My concerns with these recent developments are manifold. In the case of the Topps beef recall, it appears that an entire year’s worth of supply was contaminated, yet the USDA FSIS inspectors assigned to serve at that facility on a daily basis failed to detect the E. coli adulterant. In addition, once USDA FSIS became aware of cases of foodborne illnesses, it took more than 10 days for the agency to announce a recall. The PFGE gel test alone, conducted by labs to detect the presence of E. coli, took seven days.

I believe that these recalls require immediate attention, and I appreciate hearing that you have already directed the agency to study these instances with the goal of taking action to correct deficiencies. In addition, I ask that you address the following questions:

Please provide a detailed timeline of the Topps recall, including but not limited to consumer complaints, inspector actions, product testing, and effectiveness checks.

2) Please provide all reports, follow-up inspections and correspondence with Topps officials from 2000 to the present.

3) When did Topps discover that there was a possible E. coli illness linked to its products? Once it realized the link, what actions did it take?

4) How and when did the CDC establish that the first reported case in the Topps outbreak began on July 5?

5) Did Topps seek advice or guidance related to a recall from USDA FSIS at any point between August 31, 2007, when an illness was first reported and September 7, 2007, when USDA first reported out a positive test?

6) Did USDA FSIS ever suggest to Topps that a recall wasn’t necessary? If so, why?

7) Why did in-plant inspectors fail to recognize the E. coli hazard in Topps’ ground beef production? Did Topps have a HACCP plan in place that addressed the risks associated with E. coli?

8) What was the date of the last full USDA inspection report on the Topps plant and what did it find?

9) How many tests for E. coli were conducted by USDA inspectors at the Topps plant over the past five years and what were the results of these tests?

10) Did Topps co-mingle multiple days of ground beef production? If so, how did USDA FSIS become aware of this practice? Were inspectors aware of this practice prior to the recall? Do any current USDA FSIS regulations prohibit this practice?

11) Approximately how much time each day was an inspector present at the Topps facility? Over the past 12 months, did inspectors pursue enforcement actions or file reports about problems with Topps’ production? Did inspectors follow up on any recommendations that were made?

12) How long had the USDA inspectors assigned to the Topps facility been inspecting that facility at the time of the recall? How long had they been working as USDA inspectors?

13) How many follow-up effectiveness checks have been performed by USDA FSIS employees during this recall? What was the success rate of the effectiveness checks? What was the recall rate?

14) What follow-up actions have been performed by USDA employees with Topps’ suppliers to ensure that the source of the adulteration is not continuing to enter into the stream of commerce? What are USDA FSIS’ policies with regard to post-recall actions to check suppliers?

15) How many inspectors are employed by USDA FSIS? How many establishments have daily inspection? How many posts are currently vacant? What is USDA FSIS’s annual budget? Please provide this data for the current year as well as each of the previous ten years.

16) When is the last time that USDA FSIS updated its E. coli performance criteria and testing standards?

Thank you for your attention to this matter. I ask that you provide a response within 20 days. If you have any questions, please contact David Lazarus of my staff at (202) 224-2152.

Sincerely,

Richard J. Durbin
United States Senator