Lettuce and Spinach

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Lettuce and Spinach

• Over 23 E. coli outbreaks since 1995
• Hundreds of reported illnesses
• Several deaths
• Fresh or fresh-cut lettuce or spinach
• 9 outbreaks traced back to produce from Salinas,
  California

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2006 Wendys E. coli Outbreak

• Utah - June 2006
• E. coli O21H19 only 3 culture-positive cases,
  although over 50 cases probable
• 3 HUS, 2 adult women,1 with 30 days, the other
  with 4 months of dialysis
• Likely lettuce from California

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Dole and Natural Selections Fall 2006

• 205 persons infected with outbreak strain of E.
  coli O157H7 from 26 states.
• 102 (51) hospitalized
• 31 (16) developed hemolytic-uremic syndrome
  (HUS)
• Three confirmed deaths likely five

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Dole and Natural Selections Fall 2006

• E. coli O157H7
• Isolated from 16 packages of DOLE spinach
• DNA fingerprints of all 16 match the outbreak
  strain
• Supplied by patients living in 10 states
• Eleven packages with lot codes consistent with a
  single manufacturing facility on a particular day

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Taco E. coli Litigation Status

• Multiple lawsuits filed in Courts in a 5 States
• Taco Bell and Ready-Pac
• Taco Johns and Bix
• Lettuce supplier to Bix - Outbreak PFGE found on
  nearby Farm

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Aunt Mids E. coli Lettuce

• At Least 40 cases in Illinois, Michigan, Ohio and
  Canada
• Traceback looking at Salinas, Michigan, and
  California Central Valley

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What Could Irradiation Prevent?
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FDA Final Rule (73 FR 49593)

• Fresh Iceberg lettuce and Spinach reduce the
  level of potentially dangerous microbial
  pathogens.The FDA has assessed the safety and
  has concluded that it will not adversely affect
  the safety of these products.
• However, Irradiation is voluntary.

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Food Irradiation from a Legal Perspective

• Strict Liability If the food has a pathogen
  and it makes someone ill you pay!
• So, why Irradiate?
• Reduce risk of illnesses and lawsuits
• Susceptible Populations the very young and
  elderly schools and nursing homes
• Punitive Damages failure to use may
  wellconstitute a conscious disregard of a
  known risk