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Massive Egg Recall for Salmonella Affects Walmart, Waffle House

Massive Egg Recall for Salmonella Affects Walmart, Waffle House


At least 22 people were reportedly sickened by salmonella-tainted eggs

istockphoto.com

More than 206 million eggs were recalled.

More than 200 million eggs produced by Rose Acre Farms of Seymour, Indiana have been recalled this weekend over fears of salmonella.

According to a statement from the FDA, Rose Acre issued the recall after officials traced multiple illnesses back to eggs produced at the company’s facility in North Carolina. Some 22 people have reportedly been sickened with salmonella; no deaths have been reported.

Affected eggs were sold under multiple brand names, including Country Daybreak, Coburn Farms, Crystal Farms, Sunshine Farms, and Glenview. Eggs affected by the recall were sold to grocery stores and restaurants in Colorado, Florida, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Virginia, and West Virginia. Some of the eggs were sold to Walmart and the Food Lion grocery chain, and some also reportedly went to Waffle House. Click here to see a full list of eggs affected by the recall.

But here's a quick tip: All of the eggs that were recalled were white, a Rose Acre spokesperson confirmed to The Daily Meal. So if you bought brown eggs, there's no need to check — your eggs are safe!

Anybody in possession of potentially affected eggs should not eat them, and should throw them away or return them for a refund.

In healthy adults, salmonella can cause fever, diarrhea, nausea, and abdominal pain, but salmonella infections can be fatal in young children or elderly people, or in people with weakened immune systems. Salmonella contamination can be a concern in many foods from dog food to fresh herbs, and it’s been the source of some of the biggest food recalls.


Retailers Must Move Swiftly On Recalls, Says Dorsey & Whitney Partner

On the heels of last week&rsquos recall of romaine lettuce due to a multi-state outbreak of E. coli O157:H7, the CDC has traced a multi-state outbreak of listeria to a Houston manufacturer&rsquos Vietnamese ready-to-eat pork products.

Long Phung Food Products has issued a recall of its ready-to-eat pork products, which were shipped nationwide.

&ldquoIt&rsquos unprecedented to have a second urgent food warning in such a short period of time,&rdquo says Michael Droke, a partner at the international law firm Dorsey & Whitney , which is devoted to the areas of agriculture and cooperative law. &ldquoThis one involves listeria which causes significant fear among consumers. Large retailers and restaurants will be pulling the product immediately. The timing and type of warning in both of these incidents demonstrates the importance of food safety and the speed at which the industry responds.&rdquo

A substantial part of Droke&rsquos practice has been representing agriculture and food-based companies. He acts as outside general counsel in the industry, handles corporate governance, and manages domestic and international transactions.

Of these most recent recalls and what they mean for retailers, Droke says the mandatory recall authority given to the FDA this month under the Food Safety Modernization Act (FSMA) is an additional nudge for retailers to move swiftly on their own.

Read Droke&rsquos full comments on the effects of FSMA below.

&ldquoThe Food Safety Modernization Act overhauled the nation&rsquos food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA) mandatory recall authority for foods if there is a reasonable probability that the food is adulterated or misbranded, and that the food could cause serious illnesses or death. Put another way, the FDA was given authority to force a recall even if the retailer, supplier or producer wanted to avoid it. The FDA must allow the responsible party to conduct a voluntary recall before ordering a mandatory recall. Prior to the FSMA, the FDA could only rely on manufacturers to voluntarily recall certain potentially harmful food products.

&ldquoThe FDA&rsquos mandatory recall authority applies to all foods (other than infant formula) that are manufactured, processed, packed or held at a food facility subject to the Food, Drug and Cosmetics Act. It applies to all food for humans, animals and the ingredients that go into that food. Infant formula has its own recall requirements under a different law.

&ldquoBefore the FDA can use its mandatory recall authority, the FDA must make a determination that there is a reasonable probability that the food is adulterated or misbranded. The FDA must also make a determination that there is a reasonable probability that using or exposure to such food will cause serious adverse health consequences or death to humans or animals (in a tongue twister, referred to as &ldquoSAHCODHA&rdquo hazard).

&ldquoOnce the FDA has determined that the criteria for a mandatory recall have been met, the FDA must provide the responsible party with an opportunity to voluntarily cease distribution and issue a voluntary recall. The FDA will notify the responsible party of this opportunity in writing. If the responsible party refuses or does not voluntarily cease distribution and recall the article of food within the time and manner prescribed by the FDA, the FDA may order the recall. The FDA must also allow the responsible party to request an informal hearing to be held within two (2) days after the order is issued.

&ldquoThe FSMA mandatory recall authority gives teeth to the FDA&rsquos enforcement right. This agency&rsquos guidance helps employers understand when that authority will be used, and will encourage companies to voluntary recall products to avoid a mandatory sanction. Food and ingredient companies should prepare in advance for the need to recall their products to minimize the risk of a mandatory order.&rdquo


Retailers Must Move Swiftly On Recalls, Says Dorsey & Whitney Partner

On the heels of last week&rsquos recall of romaine lettuce due to a multi-state outbreak of E. coli O157:H7, the CDC has traced a multi-state outbreak of listeria to a Houston manufacturer&rsquos Vietnamese ready-to-eat pork products.

Long Phung Food Products has issued a recall of its ready-to-eat pork products, which were shipped nationwide.

&ldquoIt&rsquos unprecedented to have a second urgent food warning in such a short period of time,&rdquo says Michael Droke, a partner at the international law firm Dorsey & Whitney , which is devoted to the areas of agriculture and cooperative law. &ldquoThis one involves listeria which causes significant fear among consumers. Large retailers and restaurants will be pulling the product immediately. The timing and type of warning in both of these incidents demonstrates the importance of food safety and the speed at which the industry responds.&rdquo

A substantial part of Droke&rsquos practice has been representing agriculture and food-based companies. He acts as outside general counsel in the industry, handles corporate governance, and manages domestic and international transactions.

Of these most recent recalls and what they mean for retailers, Droke says the mandatory recall authority given to the FDA this month under the Food Safety Modernization Act (FSMA) is an additional nudge for retailers to move swiftly on their own.

Read Droke&rsquos full comments on the effects of FSMA below.

&ldquoThe Food Safety Modernization Act overhauled the nation&rsquos food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA) mandatory recall authority for foods if there is a reasonable probability that the food is adulterated or misbranded, and that the food could cause serious illnesses or death. Put another way, the FDA was given authority to force a recall even if the retailer, supplier or producer wanted to avoid it. The FDA must allow the responsible party to conduct a voluntary recall before ordering a mandatory recall. Prior to the FSMA, the FDA could only rely on manufacturers to voluntarily recall certain potentially harmful food products.

&ldquoThe FDA&rsquos mandatory recall authority applies to all foods (other than infant formula) that are manufactured, processed, packed or held at a food facility subject to the Food, Drug and Cosmetics Act. It applies to all food for humans, animals and the ingredients that go into that food. Infant formula has its own recall requirements under a different law.

&ldquoBefore the FDA can use its mandatory recall authority, the FDA must make a determination that there is a reasonable probability that the food is adulterated or misbranded. The FDA must also make a determination that there is a reasonable probability that using or exposure to such food will cause serious adverse health consequences or death to humans or animals (in a tongue twister, referred to as &ldquoSAHCODHA&rdquo hazard).

&ldquoOnce the FDA has determined that the criteria for a mandatory recall have been met, the FDA must provide the responsible party with an opportunity to voluntarily cease distribution and issue a voluntary recall. The FDA will notify the responsible party of this opportunity in writing. If the responsible party refuses or does not voluntarily cease distribution and recall the article of food within the time and manner prescribed by the FDA, the FDA may order the recall. The FDA must also allow the responsible party to request an informal hearing to be held within two (2) days after the order is issued.

&ldquoThe FSMA mandatory recall authority gives teeth to the FDA&rsquos enforcement right. This agency&rsquos guidance helps employers understand when that authority will be used, and will encourage companies to voluntary recall products to avoid a mandatory sanction. Food and ingredient companies should prepare in advance for the need to recall their products to minimize the risk of a mandatory order.&rdquo


Retailers Must Move Swiftly On Recalls, Says Dorsey & Whitney Partner

On the heels of last week&rsquos recall of romaine lettuce due to a multi-state outbreak of E. coli O157:H7, the CDC has traced a multi-state outbreak of listeria to a Houston manufacturer&rsquos Vietnamese ready-to-eat pork products.

Long Phung Food Products has issued a recall of its ready-to-eat pork products, which were shipped nationwide.

&ldquoIt&rsquos unprecedented to have a second urgent food warning in such a short period of time,&rdquo says Michael Droke, a partner at the international law firm Dorsey & Whitney , which is devoted to the areas of agriculture and cooperative law. &ldquoThis one involves listeria which causes significant fear among consumers. Large retailers and restaurants will be pulling the product immediately. The timing and type of warning in both of these incidents demonstrates the importance of food safety and the speed at which the industry responds.&rdquo

A substantial part of Droke&rsquos practice has been representing agriculture and food-based companies. He acts as outside general counsel in the industry, handles corporate governance, and manages domestic and international transactions.

Of these most recent recalls and what they mean for retailers, Droke says the mandatory recall authority given to the FDA this month under the Food Safety Modernization Act (FSMA) is an additional nudge for retailers to move swiftly on their own.

Read Droke&rsquos full comments on the effects of FSMA below.

&ldquoThe Food Safety Modernization Act overhauled the nation&rsquos food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA) mandatory recall authority for foods if there is a reasonable probability that the food is adulterated or misbranded, and that the food could cause serious illnesses or death. Put another way, the FDA was given authority to force a recall even if the retailer, supplier or producer wanted to avoid it. The FDA must allow the responsible party to conduct a voluntary recall before ordering a mandatory recall. Prior to the FSMA, the FDA could only rely on manufacturers to voluntarily recall certain potentially harmful food products.

&ldquoThe FDA&rsquos mandatory recall authority applies to all foods (other than infant formula) that are manufactured, processed, packed or held at a food facility subject to the Food, Drug and Cosmetics Act. It applies to all food for humans, animals and the ingredients that go into that food. Infant formula has its own recall requirements under a different law.

&ldquoBefore the FDA can use its mandatory recall authority, the FDA must make a determination that there is a reasonable probability that the food is adulterated or misbranded. The FDA must also make a determination that there is a reasonable probability that using or exposure to such food will cause serious adverse health consequences or death to humans or animals (in a tongue twister, referred to as &ldquoSAHCODHA&rdquo hazard).

&ldquoOnce the FDA has determined that the criteria for a mandatory recall have been met, the FDA must provide the responsible party with an opportunity to voluntarily cease distribution and issue a voluntary recall. The FDA will notify the responsible party of this opportunity in writing. If the responsible party refuses or does not voluntarily cease distribution and recall the article of food within the time and manner prescribed by the FDA, the FDA may order the recall. The FDA must also allow the responsible party to request an informal hearing to be held within two (2) days after the order is issued.

&ldquoThe FSMA mandatory recall authority gives teeth to the FDA&rsquos enforcement right. This agency&rsquos guidance helps employers understand when that authority will be used, and will encourage companies to voluntary recall products to avoid a mandatory sanction. Food and ingredient companies should prepare in advance for the need to recall their products to minimize the risk of a mandatory order.&rdquo


Retailers Must Move Swiftly On Recalls, Says Dorsey & Whitney Partner

On the heels of last week&rsquos recall of romaine lettuce due to a multi-state outbreak of E. coli O157:H7, the CDC has traced a multi-state outbreak of listeria to a Houston manufacturer&rsquos Vietnamese ready-to-eat pork products.

Long Phung Food Products has issued a recall of its ready-to-eat pork products, which were shipped nationwide.

&ldquoIt&rsquos unprecedented to have a second urgent food warning in such a short period of time,&rdquo says Michael Droke, a partner at the international law firm Dorsey & Whitney , which is devoted to the areas of agriculture and cooperative law. &ldquoThis one involves listeria which causes significant fear among consumers. Large retailers and restaurants will be pulling the product immediately. The timing and type of warning in both of these incidents demonstrates the importance of food safety and the speed at which the industry responds.&rdquo

A substantial part of Droke&rsquos practice has been representing agriculture and food-based companies. He acts as outside general counsel in the industry, handles corporate governance, and manages domestic and international transactions.

Of these most recent recalls and what they mean for retailers, Droke says the mandatory recall authority given to the FDA this month under the Food Safety Modernization Act (FSMA) is an additional nudge for retailers to move swiftly on their own.

Read Droke&rsquos full comments on the effects of FSMA below.

&ldquoThe Food Safety Modernization Act overhauled the nation&rsquos food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA) mandatory recall authority for foods if there is a reasonable probability that the food is adulterated or misbranded, and that the food could cause serious illnesses or death. Put another way, the FDA was given authority to force a recall even if the retailer, supplier or producer wanted to avoid it. The FDA must allow the responsible party to conduct a voluntary recall before ordering a mandatory recall. Prior to the FSMA, the FDA could only rely on manufacturers to voluntarily recall certain potentially harmful food products.

&ldquoThe FDA&rsquos mandatory recall authority applies to all foods (other than infant formula) that are manufactured, processed, packed or held at a food facility subject to the Food, Drug and Cosmetics Act. It applies to all food for humans, animals and the ingredients that go into that food. Infant formula has its own recall requirements under a different law.

&ldquoBefore the FDA can use its mandatory recall authority, the FDA must make a determination that there is a reasonable probability that the food is adulterated or misbranded. The FDA must also make a determination that there is a reasonable probability that using or exposure to such food will cause serious adverse health consequences or death to humans or animals (in a tongue twister, referred to as &ldquoSAHCODHA&rdquo hazard).

&ldquoOnce the FDA has determined that the criteria for a mandatory recall have been met, the FDA must provide the responsible party with an opportunity to voluntarily cease distribution and issue a voluntary recall. The FDA will notify the responsible party of this opportunity in writing. If the responsible party refuses or does not voluntarily cease distribution and recall the article of food within the time and manner prescribed by the FDA, the FDA may order the recall. The FDA must also allow the responsible party to request an informal hearing to be held within two (2) days after the order is issued.

&ldquoThe FSMA mandatory recall authority gives teeth to the FDA&rsquos enforcement right. This agency&rsquos guidance helps employers understand when that authority will be used, and will encourage companies to voluntary recall products to avoid a mandatory sanction. Food and ingredient companies should prepare in advance for the need to recall their products to minimize the risk of a mandatory order.&rdquo


Retailers Must Move Swiftly On Recalls, Says Dorsey & Whitney Partner

On the heels of last week&rsquos recall of romaine lettuce due to a multi-state outbreak of E. coli O157:H7, the CDC has traced a multi-state outbreak of listeria to a Houston manufacturer&rsquos Vietnamese ready-to-eat pork products.

Long Phung Food Products has issued a recall of its ready-to-eat pork products, which were shipped nationwide.

&ldquoIt&rsquos unprecedented to have a second urgent food warning in such a short period of time,&rdquo says Michael Droke, a partner at the international law firm Dorsey & Whitney , which is devoted to the areas of agriculture and cooperative law. &ldquoThis one involves listeria which causes significant fear among consumers. Large retailers and restaurants will be pulling the product immediately. The timing and type of warning in both of these incidents demonstrates the importance of food safety and the speed at which the industry responds.&rdquo

A substantial part of Droke&rsquos practice has been representing agriculture and food-based companies. He acts as outside general counsel in the industry, handles corporate governance, and manages domestic and international transactions.

Of these most recent recalls and what they mean for retailers, Droke says the mandatory recall authority given to the FDA this month under the Food Safety Modernization Act (FSMA) is an additional nudge for retailers to move swiftly on their own.

Read Droke&rsquos full comments on the effects of FSMA below.

&ldquoThe Food Safety Modernization Act overhauled the nation&rsquos food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA) mandatory recall authority for foods if there is a reasonable probability that the food is adulterated or misbranded, and that the food could cause serious illnesses or death. Put another way, the FDA was given authority to force a recall even if the retailer, supplier or producer wanted to avoid it. The FDA must allow the responsible party to conduct a voluntary recall before ordering a mandatory recall. Prior to the FSMA, the FDA could only rely on manufacturers to voluntarily recall certain potentially harmful food products.

&ldquoThe FDA&rsquos mandatory recall authority applies to all foods (other than infant formula) that are manufactured, processed, packed or held at a food facility subject to the Food, Drug and Cosmetics Act. It applies to all food for humans, animals and the ingredients that go into that food. Infant formula has its own recall requirements under a different law.

&ldquoBefore the FDA can use its mandatory recall authority, the FDA must make a determination that there is a reasonable probability that the food is adulterated or misbranded. The FDA must also make a determination that there is a reasonable probability that using or exposure to such food will cause serious adverse health consequences or death to humans or animals (in a tongue twister, referred to as &ldquoSAHCODHA&rdquo hazard).

&ldquoOnce the FDA has determined that the criteria for a mandatory recall have been met, the FDA must provide the responsible party with an opportunity to voluntarily cease distribution and issue a voluntary recall. The FDA will notify the responsible party of this opportunity in writing. If the responsible party refuses or does not voluntarily cease distribution and recall the article of food within the time and manner prescribed by the FDA, the FDA may order the recall. The FDA must also allow the responsible party to request an informal hearing to be held within two (2) days after the order is issued.

&ldquoThe FSMA mandatory recall authority gives teeth to the FDA&rsquos enforcement right. This agency&rsquos guidance helps employers understand when that authority will be used, and will encourage companies to voluntary recall products to avoid a mandatory sanction. Food and ingredient companies should prepare in advance for the need to recall their products to minimize the risk of a mandatory order.&rdquo


Retailers Must Move Swiftly On Recalls, Says Dorsey & Whitney Partner

On the heels of last week&rsquos recall of romaine lettuce due to a multi-state outbreak of E. coli O157:H7, the CDC has traced a multi-state outbreak of listeria to a Houston manufacturer&rsquos Vietnamese ready-to-eat pork products.

Long Phung Food Products has issued a recall of its ready-to-eat pork products, which were shipped nationwide.

&ldquoIt&rsquos unprecedented to have a second urgent food warning in such a short period of time,&rdquo says Michael Droke, a partner at the international law firm Dorsey & Whitney , which is devoted to the areas of agriculture and cooperative law. &ldquoThis one involves listeria which causes significant fear among consumers. Large retailers and restaurants will be pulling the product immediately. The timing and type of warning in both of these incidents demonstrates the importance of food safety and the speed at which the industry responds.&rdquo

A substantial part of Droke&rsquos practice has been representing agriculture and food-based companies. He acts as outside general counsel in the industry, handles corporate governance, and manages domestic and international transactions.

Of these most recent recalls and what they mean for retailers, Droke says the mandatory recall authority given to the FDA this month under the Food Safety Modernization Act (FSMA) is an additional nudge for retailers to move swiftly on their own.

Read Droke&rsquos full comments on the effects of FSMA below.

&ldquoThe Food Safety Modernization Act overhauled the nation&rsquos food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA) mandatory recall authority for foods if there is a reasonable probability that the food is adulterated or misbranded, and that the food could cause serious illnesses or death. Put another way, the FDA was given authority to force a recall even if the retailer, supplier or producer wanted to avoid it. The FDA must allow the responsible party to conduct a voluntary recall before ordering a mandatory recall. Prior to the FSMA, the FDA could only rely on manufacturers to voluntarily recall certain potentially harmful food products.

&ldquoThe FDA&rsquos mandatory recall authority applies to all foods (other than infant formula) that are manufactured, processed, packed or held at a food facility subject to the Food, Drug and Cosmetics Act. It applies to all food for humans, animals and the ingredients that go into that food. Infant formula has its own recall requirements under a different law.

&ldquoBefore the FDA can use its mandatory recall authority, the FDA must make a determination that there is a reasonable probability that the food is adulterated or misbranded. The FDA must also make a determination that there is a reasonable probability that using or exposure to such food will cause serious adverse health consequences or death to humans or animals (in a tongue twister, referred to as &ldquoSAHCODHA&rdquo hazard).

&ldquoOnce the FDA has determined that the criteria for a mandatory recall have been met, the FDA must provide the responsible party with an opportunity to voluntarily cease distribution and issue a voluntary recall. The FDA will notify the responsible party of this opportunity in writing. If the responsible party refuses or does not voluntarily cease distribution and recall the article of food within the time and manner prescribed by the FDA, the FDA may order the recall. The FDA must also allow the responsible party to request an informal hearing to be held within two (2) days after the order is issued.

&ldquoThe FSMA mandatory recall authority gives teeth to the FDA&rsquos enforcement right. This agency&rsquos guidance helps employers understand when that authority will be used, and will encourage companies to voluntary recall products to avoid a mandatory sanction. Food and ingredient companies should prepare in advance for the need to recall their products to minimize the risk of a mandatory order.&rdquo


Retailers Must Move Swiftly On Recalls, Says Dorsey & Whitney Partner

On the heels of last week&rsquos recall of romaine lettuce due to a multi-state outbreak of E. coli O157:H7, the CDC has traced a multi-state outbreak of listeria to a Houston manufacturer&rsquos Vietnamese ready-to-eat pork products.

Long Phung Food Products has issued a recall of its ready-to-eat pork products, which were shipped nationwide.

&ldquoIt&rsquos unprecedented to have a second urgent food warning in such a short period of time,&rdquo says Michael Droke, a partner at the international law firm Dorsey & Whitney , which is devoted to the areas of agriculture and cooperative law. &ldquoThis one involves listeria which causes significant fear among consumers. Large retailers and restaurants will be pulling the product immediately. The timing and type of warning in both of these incidents demonstrates the importance of food safety and the speed at which the industry responds.&rdquo

A substantial part of Droke&rsquos practice has been representing agriculture and food-based companies. He acts as outside general counsel in the industry, handles corporate governance, and manages domestic and international transactions.

Of these most recent recalls and what they mean for retailers, Droke says the mandatory recall authority given to the FDA this month under the Food Safety Modernization Act (FSMA) is an additional nudge for retailers to move swiftly on their own.

Read Droke&rsquos full comments on the effects of FSMA below.

&ldquoThe Food Safety Modernization Act overhauled the nation&rsquos food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA) mandatory recall authority for foods if there is a reasonable probability that the food is adulterated or misbranded, and that the food could cause serious illnesses or death. Put another way, the FDA was given authority to force a recall even if the retailer, supplier or producer wanted to avoid it. The FDA must allow the responsible party to conduct a voluntary recall before ordering a mandatory recall. Prior to the FSMA, the FDA could only rely on manufacturers to voluntarily recall certain potentially harmful food products.

&ldquoThe FDA&rsquos mandatory recall authority applies to all foods (other than infant formula) that are manufactured, processed, packed or held at a food facility subject to the Food, Drug and Cosmetics Act. It applies to all food for humans, animals and the ingredients that go into that food. Infant formula has its own recall requirements under a different law.

&ldquoBefore the FDA can use its mandatory recall authority, the FDA must make a determination that there is a reasonable probability that the food is adulterated or misbranded. The FDA must also make a determination that there is a reasonable probability that using or exposure to such food will cause serious adverse health consequences or death to humans or animals (in a tongue twister, referred to as &ldquoSAHCODHA&rdquo hazard).

&ldquoOnce the FDA has determined that the criteria for a mandatory recall have been met, the FDA must provide the responsible party with an opportunity to voluntarily cease distribution and issue a voluntary recall. The FDA will notify the responsible party of this opportunity in writing. If the responsible party refuses or does not voluntarily cease distribution and recall the article of food within the time and manner prescribed by the FDA, the FDA may order the recall. The FDA must also allow the responsible party to request an informal hearing to be held within two (2) days after the order is issued.

&ldquoThe FSMA mandatory recall authority gives teeth to the FDA&rsquos enforcement right. This agency&rsquos guidance helps employers understand when that authority will be used, and will encourage companies to voluntary recall products to avoid a mandatory sanction. Food and ingredient companies should prepare in advance for the need to recall their products to minimize the risk of a mandatory order.&rdquo


Retailers Must Move Swiftly On Recalls, Says Dorsey & Whitney Partner

On the heels of last week&rsquos recall of romaine lettuce due to a multi-state outbreak of E. coli O157:H7, the CDC has traced a multi-state outbreak of listeria to a Houston manufacturer&rsquos Vietnamese ready-to-eat pork products.

Long Phung Food Products has issued a recall of its ready-to-eat pork products, which were shipped nationwide.

&ldquoIt&rsquos unprecedented to have a second urgent food warning in such a short period of time,&rdquo says Michael Droke, a partner at the international law firm Dorsey & Whitney , which is devoted to the areas of agriculture and cooperative law. &ldquoThis one involves listeria which causes significant fear among consumers. Large retailers and restaurants will be pulling the product immediately. The timing and type of warning in both of these incidents demonstrates the importance of food safety and the speed at which the industry responds.&rdquo

A substantial part of Droke&rsquos practice has been representing agriculture and food-based companies. He acts as outside general counsel in the industry, handles corporate governance, and manages domestic and international transactions.

Of these most recent recalls and what they mean for retailers, Droke says the mandatory recall authority given to the FDA this month under the Food Safety Modernization Act (FSMA) is an additional nudge for retailers to move swiftly on their own.

Read Droke&rsquos full comments on the effects of FSMA below.

&ldquoThe Food Safety Modernization Act overhauled the nation&rsquos food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA) mandatory recall authority for foods if there is a reasonable probability that the food is adulterated or misbranded, and that the food could cause serious illnesses or death. Put another way, the FDA was given authority to force a recall even if the retailer, supplier or producer wanted to avoid it. The FDA must allow the responsible party to conduct a voluntary recall before ordering a mandatory recall. Prior to the FSMA, the FDA could only rely on manufacturers to voluntarily recall certain potentially harmful food products.

&ldquoThe FDA&rsquos mandatory recall authority applies to all foods (other than infant formula) that are manufactured, processed, packed or held at a food facility subject to the Food, Drug and Cosmetics Act. It applies to all food for humans, animals and the ingredients that go into that food. Infant formula has its own recall requirements under a different law.

&ldquoBefore the FDA can use its mandatory recall authority, the FDA must make a determination that there is a reasonable probability that the food is adulterated or misbranded. The FDA must also make a determination that there is a reasonable probability that using or exposure to such food will cause serious adverse health consequences or death to humans or animals (in a tongue twister, referred to as &ldquoSAHCODHA&rdquo hazard).

&ldquoOnce the FDA has determined that the criteria for a mandatory recall have been met, the FDA must provide the responsible party with an opportunity to voluntarily cease distribution and issue a voluntary recall. The FDA will notify the responsible party of this opportunity in writing. If the responsible party refuses or does not voluntarily cease distribution and recall the article of food within the time and manner prescribed by the FDA, the FDA may order the recall. The FDA must also allow the responsible party to request an informal hearing to be held within two (2) days after the order is issued.

&ldquoThe FSMA mandatory recall authority gives teeth to the FDA&rsquos enforcement right. This agency&rsquos guidance helps employers understand when that authority will be used, and will encourage companies to voluntary recall products to avoid a mandatory sanction. Food and ingredient companies should prepare in advance for the need to recall their products to minimize the risk of a mandatory order.&rdquo


Retailers Must Move Swiftly On Recalls, Says Dorsey & Whitney Partner

On the heels of last week&rsquos recall of romaine lettuce due to a multi-state outbreak of E. coli O157:H7, the CDC has traced a multi-state outbreak of listeria to a Houston manufacturer&rsquos Vietnamese ready-to-eat pork products.

Long Phung Food Products has issued a recall of its ready-to-eat pork products, which were shipped nationwide.

&ldquoIt&rsquos unprecedented to have a second urgent food warning in such a short period of time,&rdquo says Michael Droke, a partner at the international law firm Dorsey & Whitney , which is devoted to the areas of agriculture and cooperative law. &ldquoThis one involves listeria which causes significant fear among consumers. Large retailers and restaurants will be pulling the product immediately. The timing and type of warning in both of these incidents demonstrates the importance of food safety and the speed at which the industry responds.&rdquo

A substantial part of Droke&rsquos practice has been representing agriculture and food-based companies. He acts as outside general counsel in the industry, handles corporate governance, and manages domestic and international transactions.

Of these most recent recalls and what they mean for retailers, Droke says the mandatory recall authority given to the FDA this month under the Food Safety Modernization Act (FSMA) is an additional nudge for retailers to move swiftly on their own.

Read Droke&rsquos full comments on the effects of FSMA below.

&ldquoThe Food Safety Modernization Act overhauled the nation&rsquos food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA) mandatory recall authority for foods if there is a reasonable probability that the food is adulterated or misbranded, and that the food could cause serious illnesses or death. Put another way, the FDA was given authority to force a recall even if the retailer, supplier or producer wanted to avoid it. The FDA must allow the responsible party to conduct a voluntary recall before ordering a mandatory recall. Prior to the FSMA, the FDA could only rely on manufacturers to voluntarily recall certain potentially harmful food products.

&ldquoThe FDA&rsquos mandatory recall authority applies to all foods (other than infant formula) that are manufactured, processed, packed or held at a food facility subject to the Food, Drug and Cosmetics Act. It applies to all food for humans, animals and the ingredients that go into that food. Infant formula has its own recall requirements under a different law.

&ldquoBefore the FDA can use its mandatory recall authority, the FDA must make a determination that there is a reasonable probability that the food is adulterated or misbranded. The FDA must also make a determination that there is a reasonable probability that using or exposure to such food will cause serious adverse health consequences or death to humans or animals (in a tongue twister, referred to as &ldquoSAHCODHA&rdquo hazard).

&ldquoOnce the FDA has determined that the criteria for a mandatory recall have been met, the FDA must provide the responsible party with an opportunity to voluntarily cease distribution and issue a voluntary recall. The FDA will notify the responsible party of this opportunity in writing. If the responsible party refuses or does not voluntarily cease distribution and recall the article of food within the time and manner prescribed by the FDA, the FDA may order the recall. The FDA must also allow the responsible party to request an informal hearing to be held within two (2) days after the order is issued.

&ldquoThe FSMA mandatory recall authority gives teeth to the FDA&rsquos enforcement right. This agency&rsquos guidance helps employers understand when that authority will be used, and will encourage companies to voluntary recall products to avoid a mandatory sanction. Food and ingredient companies should prepare in advance for the need to recall their products to minimize the risk of a mandatory order.&rdquo


Retailers Must Move Swiftly On Recalls, Says Dorsey & Whitney Partner

On the heels of last week&rsquos recall of romaine lettuce due to a multi-state outbreak of E. coli O157:H7, the CDC has traced a multi-state outbreak of listeria to a Houston manufacturer&rsquos Vietnamese ready-to-eat pork products.

Long Phung Food Products has issued a recall of its ready-to-eat pork products, which were shipped nationwide.

&ldquoIt&rsquos unprecedented to have a second urgent food warning in such a short period of time,&rdquo says Michael Droke, a partner at the international law firm Dorsey & Whitney , which is devoted to the areas of agriculture and cooperative law. &ldquoThis one involves listeria which causes significant fear among consumers. Large retailers and restaurants will be pulling the product immediately. The timing and type of warning in both of these incidents demonstrates the importance of food safety and the speed at which the industry responds.&rdquo

A substantial part of Droke&rsquos practice has been representing agriculture and food-based companies. He acts as outside general counsel in the industry, handles corporate governance, and manages domestic and international transactions.

Of these most recent recalls and what they mean for retailers, Droke says the mandatory recall authority given to the FDA this month under the Food Safety Modernization Act (FSMA) is an additional nudge for retailers to move swiftly on their own.

Read Droke&rsquos full comments on the effects of FSMA below.

&ldquoThe Food Safety Modernization Act overhauled the nation&rsquos food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA) mandatory recall authority for foods if there is a reasonable probability that the food is adulterated or misbranded, and that the food could cause serious illnesses or death. Put another way, the FDA was given authority to force a recall even if the retailer, supplier or producer wanted to avoid it. The FDA must allow the responsible party to conduct a voluntary recall before ordering a mandatory recall. Prior to the FSMA, the FDA could only rely on manufacturers to voluntarily recall certain potentially harmful food products.

&ldquoThe FDA&rsquos mandatory recall authority applies to all foods (other than infant formula) that are manufactured, processed, packed or held at a food facility subject to the Food, Drug and Cosmetics Act. It applies to all food for humans, animals and the ingredients that go into that food. Infant formula has its own recall requirements under a different law.

&ldquoBefore the FDA can use its mandatory recall authority, the FDA must make a determination that there is a reasonable probability that the food is adulterated or misbranded. The FDA must also make a determination that there is a reasonable probability that using or exposure to such food will cause serious adverse health consequences or death to humans or animals (in a tongue twister, referred to as &ldquoSAHCODHA&rdquo hazard).

&ldquoOnce the FDA has determined that the criteria for a mandatory recall have been met, the FDA must provide the responsible party with an opportunity to voluntarily cease distribution and issue a voluntary recall. The FDA will notify the responsible party of this opportunity in writing. If the responsible party refuses or does not voluntarily cease distribution and recall the article of food within the time and manner prescribed by the FDA, the FDA may order the recall. The FDA must also allow the responsible party to request an informal hearing to be held within two (2) days after the order is issued.

&ldquoThe FSMA mandatory recall authority gives teeth to the FDA&rsquos enforcement right. This agency&rsquos guidance helps employers understand when that authority will be used, and will encourage companies to voluntary recall products to avoid a mandatory sanction. Food and ingredient companies should prepare in advance for the need to recall their products to minimize the risk of a mandatory order.&rdquo


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