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Nestle E. Coli Recall: Inspection Report & Other News

by: JayinPortland

Fri Jun 26, 2009 at 16:00:00 PM PDT


Inspection reports of 2005, 2006 and 2007 visits to the Nestle plant in Virginia involved in the current recall of cookie dough products are available online at Bill Marler's blog.  I read through them and picked out the 'highlights' (posted below the fold), but there's nothing in the reports that would fully explain the cause of this E. coli O157:H7 outbreak.  The biggest news from these reports, however, seems to be Nestle's (completely legal for right now) refusal to provide FDA inspectors access to pest-control records, customer complaint files and other records and information -

In a September 2006 visit, for example, managers at the Danville, Va., plant refused to allow a Food and Drug Administration inspector to review consumer complaints or inspect its program designed to prevent food contamination. The inspector found dirty equipment and "three live ant-like insects" on a ledge but nothing severe enough to give the plant a failing grade. [...]

The FDA can [currently] inspect the records if it invokes a bioterrorism law and shows that the agency has "a reasonable belief" that the foods pose serious health threats -- a high bar to cross.

While it may not be perfect, and while we definitely have to continue to keep an eye on it to make sure it doesn't unfairly harm small, responsible producers when it's clearly these major food companies who are the problem when it comes to food safety in our current system; the food safety legislation currently in Congress will require food companies to provide FDA access to these records, and that's a very good and necessary thing.  "Company policy" should never be able to override our regulatory agencies' efforts to ensure that we aren't taking our lives into our hands every time we shop at the supermarket.

Details from the inspection reports, and a bit more, below the fold...

JayinPortland :: Nestle E. Coli Recall: Inspection Report & Other News
Also from Bill Marler - could it have been flour that was somehow contaminated?  Shades of PCA there (recklessly irresponsible supplier), maybe?  

Here is Jill's easy cookie dough recipe again, in case you missed her post the first time.

Now, the highlights from the establisment inspection reports of the Danville, Virginia Nestle plant from which the cookie dough has been recalled.  The records were just released to the Wall Street Journal under a Freedom of Information Act request.  All instances of [deleted] were blacked out on the available copies of the inspection reports themselves.

2006 Inspection Details:

Although no FDA-483 was issued, four deficiencies were verbaIIy discussed with the firm. These were:

  • Three live ant-like insects were observed on a ledge along the W wall of the powdered sugar dump station in the cookie dough manufacturing area.
  • Dirty stainless steel equipment and utensils were observed in a bin which was identified as "clean" in the cookie dough cleaning area.
  • Water or other clear liquid was observed dripping from an overhead line in the liquid egg receiving bay.
  • The knock off arm for the check weigher was improperly timed or otherwise not functioning properly to remove trays of cookie dough on line ten.

Management promised correction of all deficiencies. No samples were collected during the inspection.

The firm refused to provide the following:

  • Percent of products which move in interstate commerce
  • Review of complaint log
  • Use of camera
  • Review of pest control records
  • Review of HACCP program
  • Information on environmental testing program

[Jay's note: All of the above is currently legal, and needs to change; except maybe use of camera, which I can sort of understand in most cases]

Pest Control:
The firm uses the services of [deleted] for their pest control.
According to the firm, this is accomplished two times per week. The firm uses bait stations on the
exterior of the building and mechanical wind-up traps on the interior for rodent control. Insect
control is performed using insecticutors and pheromone traps (warehouse beetles and Indian meal
moths). Fogging is used in the plant on an as needed basis only.
Flour and sugar silos are cleaned on a rotating basis every 4 to 6 weeks from approximately April
through November.
The firm refused to allow review of their pest control records.
Three live ant-type insects were observed in the plant during the inspection. This observation is
further discussed under the heading "Objectionable Conditions".

This is funny, from the 2005 Establishment Inspection Report -

The firm has recently undergone a name change due to corporate reorganization. There was some confusion over what the firm's correct legal name is. Mr. Caldwell stated he believed that the firm was called Nestle Refrigerated Foods however it may also be considered the Nestle Brands Company. Mr. Caldwell stated that Mr. Nordtevdt would know this, but he was currently away from the firm.

How can these companies be trusted to keep our food safe if they can't even keep track of their names?!  Heh, I'm only half-joking there...

More from that same 2005 inspection -

Cookie Dough Production:
It should be noted that all cookie dough production lines are in a refrigerated area of the plant. I did not note the temperature during the inspection.

Dry ingredients are weighed out in prep rooms according to recipe specifications. Ingredients are then transported in stainless steel tubs and added to one of several mixers located near the beginning of each production line. Dough is then transferred to a hopper and extruded into either a sheet or a tube (chubs). Dough then passes through a series of cooling tunnels and is either scored or stamped into different shapes depending on the production line. Rework from the cookie dough lines is collected in stainless steel drums and added back into the mixer for a subsequent batch. When I asked Mr. Hundycz about the time frame that rework product could be used, he stated that the water activity of this product was quite low but did not indicate what the value was or how long rework could be reused.

The fact that the inspector did not note the temperature is interesting to me - isn't that a potentially critical factor?  Also, for the second bolded part - did the plant supervisor even know the answer himself, or was he just not forthcoming?  Either one doesn't seem too good...

From the 2007 Establishment Inspection Report -

CURRENT FINDINGS:
  • Miscellaneous tools & equipment were being stored in the hand washing sink in the "Toll House" preparation area
  • The drain from the hand washing sink in the "Toll House" oreparation area was leaking onto the floor.
  • The control pedal for the cold water flow at the hand washing sink was missing from hand washing sink in the "powdered sugar"
    room.
  • Water was dripping from the valve on the cold water line above the [deleted] (Jay's note: I'd love to know what that blacked out item was...)
  • A hole was found in the steam line above the [deleted] # 14, which was exposing fibrous insulation
  • The perimeter of the floors in the "shipping warehouse" and the "Toll House Receiving" hallway were peppered with wood splinters,
    dust, cardboard lint, and unidentifiable particles.

Nestle also manufactures meat-filled pasta products (tortellini, etc...) in this same plant, but the reports make it clear that the facility is set up so that cross-contamination in that way would not be possible.  There didn't appear to be any birds flying around inside this plant (unlike PCA), so maybe a supplier (like the flour story from New Zealand) may be ultimately responsible here?

Here's another story on this from the Washington Post last Sunday.

Tags: , , , , (All Tags)
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Larger question (4.00 / 2)
If the plant operates in the HACCP regime, they might have done away with the quality control step of product analysis.

My larger question is, can the FDA review laboratory reports for analysis of raw materials and finished products in pharmaceutical manufacturing plants? Can OSHA and state equivalents review accident reports? Can EPA and state equivalents review air and water pollution analysis records? How deeply has this pernicious idiocy infected our regulatory community?

I vehemently disagree with you about cameras, Jay. Without photos, an inspection report of a problem becomes a "he said/she said" soggy noodle if a contest or appeal arises.


The camera thing... (4.00 / 2)
Yeah, I can see that angle as well.  I can also understand the worries about potential 'espionage', as slim as the possibility is.  But yeah, I certainly would not fight against allowing cameras to be used during inspections, by any means...

"Intelligent discontent is the mainspring of civilization." - Eugene V. Debs

[ Parent ]
This is all interesting information (4.00 / 3)
as far as the bugs go, it's physically impossible to keep all bugs out of a building the size that this plant has to be. Actually, it's impossible to keep 100% of bugs of any kind out of any building, expept perhaps some laboratories, depending on the biosecurity level.

The question I still have, and that hasn't been answered, is where the hell did E. coli 0157:H7 come from? Considering what goes into cookie dough, even commercially formiulated and processed cookie dough, that particular critter has absolutely no business being in the product. I can see listeria or slmonella from the eggs, but the rest is flour, maybe milk, depending on the recipe used (and the milk would have been pasturized).

Questions I'd be asking -
~ Do any of the plant employees own livestock?
~ Do any of the plant employees have friends who ownl livestock and had they visited those friends/livestock in the period of time that the recalled product(s) was(were) produced?
~ Had any employee working in the plant had gastrointestinal symptoms consistent with this type of food bourne illness, who had come to work sick?

If I was an epidemiologist, those are the questions I'd be asking, because that particular bug shouldn't be in that particular product. It's not going to get into the product via insects or anything else, unless the plant is close to a slaughter house or live livestock.

The epedimiologists are going after the cookie dough because it's the only common thread that connects all the sickened people, even though none of the recalled product has tested positive for the bacterium. But if that's the only thing you have to go on, that's what you have to investigate.

I'm sure there are some epidemiologists who are about ready to pull their hair out. I know I would be.....

Regarding locavores as elitists - explain to me how supporting local business is elitist....


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