Agriculture Reference
In-Depth Information
in the 2005 Dole Romaine lettuce outbreak. But an effective traceback all the way to
the grower has been a rare event. One reason for this is the absence of any statute or
regulation, state or federal, imposing detailed record-keeping requirements related to
distribution. Such requirements as they exist are imposed by the Perishable Agricultural
Commodities Act (PACA) regulations.
20
But the primary purpose of these record-
keeping regulations is to ensure that growers receive proper payments for the produce
shipped.
21
In response to the growing number of outbreaks linked to microbial contamination
of produce, in 1998, the FDA developed guidelines to improve traceability. One stated
reason for the need for effective traceback was described as follows:
Despite the best of efforts by food industry operators, food may never be com-
pletely free of microbial hazards. However, an effective traceback system, even
if only some items carry identifi cation, can give investigators clues that may
lead to a specifi c region, packing facility, even fi eld, rather than an entire com-
modity group. Narrowing the potential scope of an outbreak could lessen the
economic burden on those industry operators not responsible for the problem.
22
Notwithstanding the importance ascribed by the FDA to effective traceback records,
the guidelines remained wholly voluntary.
In fact, the 2006 Dole spinach outbreak is notable for being one of the few inves-
tigated outbreaks in which a specifi c grower was implicated, thereby making it pos-
sible to hold the grower of the implicated spinach legally liable, too.
23
CalFERT (the
California Food Emergency Response Team) was assembled and comprised members
from the FDA and the California Department of Health Services. This success in
tracing the contamination source to a particular fi eld may have been a harbinger of
future successes, in large part attributable to greater traceback efforts being expended
by public health offi cials, like CalFERT. For example, the investigation into the 2006
Taco John ' s
E. coli
O157:H7 outbreak was also able to trace the contaminated lettuce
back to a particular fi eld.
24
In both of these cases it was environmental testing of
irrigation water and swab testing of cattle that ultimately provided the link when
E.
coli
O157:H7 was found and then subjected to Pulsed Field Gel Electrophoresis testing
that showed a match to bacterial isolates obtained by confi rmed outbreak cases.
Because it is relatively unusual for a particular grower to be identifi ed as the source
of contaminated produce, those further up the chain of distribution are going to be
those most likely to be held liable. For example, this was the case in the 2005 Dole
romaine lettuce outbreak, where it was Dole that was the sole defendant named in
several of the lawsuits fi led against it. The product traceback performed with regard
to this outbreak found that:
The implicated lettuce reportedly could have been harvested from any one of
seven fi elds in the Salinas Valley of California. The ultimate source of the con-
taminated lettuce was not identifi ed.
25
Finally, it should be noted that it is only when there is a branded product involved
that there is a substantial likelihood that illnesses will be linked to a particular product.
Brand names act as proxies in the absence of other records, allowing people to better
remember their food exposures, and making it easier for epidemiologists to spot foods
