Lawsuit alleges that USDA sampling program misleads consumers because it has no affect on detecting E. coli 0157:H7
by Ken Krizner, senior editor
Depending on the point of view, the meat industry is either afraid to take a particular test, or it believes this test is unfair and should be eliminated.
A coalition of food industry organizations has filed a lawsuit in U.S. District Court in Austin, Texas, seeking a permanent injunction to stop USDA from randomly testing the ground beef supply for E. coli 0157:H7.
The lawsuit alleges that the sampling will mislead consumers with promises of a safer food supply, which could lead to lower at-home standards for cooking and handling.
The program neither prevents food-borne illness nor protects public health, according to the lawsuit.
The lawsuit was filed in the same court that heard the industry's case against USDA's safe handling label proposal last year. The industry successfully argued that the department should go through proper rule-making channels before mandating the labels.
At the very least, the meat industry again believes that USDA must go through proper rule-making procedures before conducting the sampling.
"To single out E. coli 0157:H7 is purely a public relations move by a frustrated government agency," notes Mary Holmes, executive director of the Southwest Meat Association.
At press time, USDA had yet to file its response to the lawsuit. In the meantime, it is continuing the tests.
The sampling program was announced by Michael R. Taylor, USDA acting administrator for food safety, at the AMI convention on Sept. 29. Any samples found to be containing E. coli 0157:H7 would be considered adulterated-a historic policy change.
The meat industry believes this exceeds USDA's legal authority, violating the Administrative Procedures Act, and discriminates against ground beef.
The department has tested 105 samples a week at randomly selected meat packing plants and retail stores since Oct. 17. There were no positive confirmations of E. coli 0157:H7 in the samplings as of Nov. 9.
Taylor expressed disappointment in the lawsuit. "Our position on E. coli 0157:H7 reflects our resolve to work with the tools available even as we build an improved meat and poultry inspection system," he notes.
To test or not to test
Different sides see the ground beef sampling in different lights.
The Center for Science in the Public Interest likens the meat industry to a school child who has not studied for a test.
"As any school child knows, you only fear a test when you think you might fail," cautions Caroline Smith DeWaal of the Washington-based consumer organization. "But the industry would not fail if it checked its own products. Microbial testing is an important tool to ensure the safety of meat products."
There, the meat industry agrees. Microbial testing is a vital step to ensure a safe food supply-but only as part of a comprehensive program.
"The solution lies in a combination of research, prevention, public education and monitoring," stresses AMI President J. Patrick Boyle. "Microbial testing is only the monitoring element.
And USDA statistics indicate that less than 1 percent of beef carcasses carry the E. coli 0157:H7 pathogen.
Based on this data, a statistically sound sampling program to find E. coli 0157:H7 would require more than 1,500 samples, totaling more than $100 billion each year. "And you would still not be assured of a beef supply free of E. coli 0157:H7," Boyle says.
That is why the industry believes the test is unfair.
At a briefing on USDA's ground beef monitoring program held last month in Chicago, the talk centered on the lawsuit. While all processors say ground beef testing is not a cure-all, some were disappointed that it has to be settled by litigation. Boyle points out that AMI joined the lawsuit only after efforts to convince USDA of the futility of the sampling program proved fruitless.
Processors hope the ultimate outcome of the litigation is an overhaul of the inspection system. There is some movement on both sides of the fence in that regard.
On the same day it filed the lawsuit, AMI petitioned USDA to require Hazard Analysis and Critical Control Point plans in all meat and poultry plants. Taylor wants to announce a HACCP plan by the end of the month.
Also on the same day, USDA announced that processors wanting to use certain antimicrobial rinses and hot water rinses on carcasses to reduce pathogens would not need prior approval.