Sunland vs. FDA: Who Should We Believe?

At no time in its twenty-four year history has Sunland, Inc. released for distribution any products that it knew to be potentially contaminated with harmful microorganisms.

– Jimmie Shearer, President and CEO, Sunland, Inc.

On November 14, 2012, FDA issued the following update to its investigation of the Salmonella Bredeney peanut butter outbreak.

“November 14, 2012 – FDA posts observations from recent inspection at Sunland Inc.  

The FDA has made the observations from its recent inspection of Sunland Inc. publicly available.  This inspection was conducted between September 17 and October 16, 2012, and became part of the investigation of the Salmonella Bredeney outbreak linked to peanut butter made by Sunland Inc.

During this inspection investigators found that conditions in the company’s facility, the company’s manufacturing processes, and the company’s testing program for Salmonella may have allowed peanut butter that contained Salmonella to be distributed by the company.  

The FDA found that between June of 2009 and August of 2012, Sunland Inc. had distributed, or cleared for distribution, portions of 11 lots, or daily production runs,  of peanut or almond butter after its own testing program identified the presence of at least one of nine different Salmonella types (Arapahoe, Bredeney, Cerro, Dallgow, Kubacha, Mbandaka, Meleagridis, Newport, and Teddington) in those lots.  Two of these lots showed the presence of the outbreak strain of Salmonella Bredeney.  

Equally important, five product samples collected and analyzed by FDA from Sunland Inc. showed the presence of Salmonella, but had not been identified as containing Salmonella by Sunland Inc.’s internal testing.  Among those products were peanut butter and shelled raw peanuts.  Two of these samples showed the presence of the outbreak strain of Salmonella Bredeney.  

Additionally, during its inspection of the plant in September and October 2012, the FDA found the presence of Salmonella in 28 environmental samples.  Three of these samples showed the presence of the outbreak strain of Salmonella Bredeney.  

Upon identifying the contaminated peanut butter, FDA investigators informed the company and called for corrective action.  On October 4, 2012 Sunland Inc. expanded its ongoing recall to include all products made in the Sunland Inc. nut butter production facility between March 1, 2010 and September 24, 2012.  

Upon identifying the contaminated shelled raw peanuts, FDA investigators informed the company and again called for corrective action.  On October 12, 2012 Sunland Inc. expanded its ongoing recall to include raw and roasted shelled and in-shell peanuts sold in quantities from 2 ounces to 50 pounds which are within their current shelf life or have no stated expiration date.   

Additionally, investigators found that employees improperly handled equipment, containers, and utensils used to hold and store food. Employees handling peanut products wiped gloved hands on street clothes and other times failed to wash their hands or change gloves. There were no hand washing sinks in the peanut processing building production or packaging areas and employees had bare-handed contact with ready-to-package peanuts.  

There were no records documenting the cleaning of production equipment.  The super-sized bags used by the firm to store peanuts were not cleaned despite being used for both raw and roasted peanuts.  There was a leaking sink in a washroom which resulted in water accumulating on the floor, and the plant is not built to allow floors, walls and ceilings to be adequately cleaned.  

Finally, investigators found that raw materials were exposed to potential contamination.  Raw, in-shell peanuts were found outside the plant in uncovered trailers. Birds were observed landing in the trailers and the peanuts were exposed to rain, which provides a growth environment for Salmonella and other bacteria.  Inside the warehouse, facility doors were open to the outside, which could allow pests to enter.  

The FDA is currently evaluating Sunland Inc.’s official response to FDA’s observations from the inspection.”

Yesterday – November 15th – Sunland responded with this statement:

At no time in its twenty four year history has Sunland, Inc. released for distribution any products that it knew to be potentially contaminated with harmful microorganisms.  The Company has followed internal testing protocols that it believed resulted in the isolation and destruction of any product that did not pass the test designed to detect the presence of any contaminants.  In every instance where test results indicated the presence of a contaminant, the implicated product was destroyed and not released for distribution.  The Company believed at all times that its response was sufficiently robust such that any product which might be contaminated was isolated and destroyed. 

Sunland, Inc. continues to cooperate openly with FDA to address matters related to the recent recall of its products and the inspection of its manufacturing facilities.  Sunland has submitted a comprehensive point by point response to the Form 483 observations issued at the close of the inspection.  The Company’s response is currently under review by the agency.  We believe that drawing any inferences much less conclusions about the Company’s practices based solely on the observations as set forth in the Form 483 without considering the Company’s response would be wholly premature and unduly prejudicial to Sunland.  The Company believes that its response to the Form 483 will not only help the agency understand the Company’s decision-making process but also lead the agency to confirm that such decision-making was, at all times, conducted in good faith.  In deference to the agency’s review process, the Company will not publicly discuss its responses until the agency has completed its review.”

Sunland has not denied that contaminants were found. Nor has it denied that multiple strains of Salmonella were present at various times and in various locations, in its finished products, its raw peanuts, and its production environment.

How does a food processor allow this magnitude of contamination to exist in its finished products and in its production facility for more than three years? What does this say about the ethics of the company’s owners and management?

Or has ethical behavior become an oxymoron in the food industry?

Sunland Knowingly Shipped Contaminated Peanut Butter

“Since 2009, your firm has distributed lots of peanut butter and nut butters that were positive for Salmonella. The following is a list of products since 2009 that have been manufactured by your firm, have tested positive for Salmonella by your firm’s internal testing program, and were at least partially distributed by your firm.”

– FDA Form 483, issued October 29, 2012

It’s Peanut Corporation of America all over again.

Earlier today, FDA released a series of Enterprise Inspection Reports and Form 483 reports issued following inspections of Sunland Inc.‘s production facilities in Portales, New Mexico from as long ago as 2007.

The company, whose peanut butter was definitively linked to an outbreak of Salmonella Bredeney that sickened at least 41 people from 20 states, has known about its Salmonella contamination problems since at least June 2009. Somehow, this information escaped the notice of the company’s customers – including Trader Joe’s –  its third party auditors, and FDA inspectors for more than 2 years.

According to company records reviewed by FDA, Sunland found Salmonella contamination in its nut butters (peanut and almond) on more than 20 occasions, including findings of Salmonella Newport in 2009, Salmonella Dallgow in 2010, Salmonella Dallgow, Salmonella Arapahoe, Salmonella Teddington, Salmonella Cerro, Salmonella Mbandaka and Salmonella Kubacha in 2011, and Salmonella Bredeney and Salmonella Meleagridis in 2012.

FDA’s own in-depth inspection – carried out in September and October 2012 after epidemiologists pointed to Sunland’s peanut butter as the likely source of an outbreak of Salmonella Bredeney – found Salmonella Bredeney in samples of peanut butter, as well as Salmonella Senftenberg, Salmonella Montevideo, Salmonella Bredeney, Salmonella Mbandaka, Salmonella Meleagridis, and Salmonella Anatum in the production plant environment.

That’s more strains of Salmonella than many labs maintain in their reference collection!

In addition to turning a blind eye to the contamination that pervaded its operations since 2009, Sunland’s management ignored standard Good Manufacturing Practices, as evidenced by the following litany of “Observations” reported by FDA in October 2012:

Observation 1: Failure to manufacture foods under conditions and controls necessary to minimize the potential for growth of microorganisms and contamination.

Observation 2: Failure to handle equipment, containers and utensils used to convey, hold, and store food in a manner that protects against contamination.

  • Specifically, the production and packaging lines of equipment in the Peanut Butter Plant were not cleaned after each time Salmonella was isolated from peanut and nut butter products between 2009 and 2012.
  • The … packaging equipment in the small packaging room of the Peanut Plant is not effectively cleaned between raw and roasted peanuts. Cleaning consists of wiping off non-food contact surfaces with dry paper towels, sweeping underneath and around equipment, as well as vacuuming excess dust.
  • Tote mesh bags utilized by your firm for storing bulk peanuts are not effectively cleaned between storage o f raw and treated (roasted and/or brined) peanuts. The tote bags are considered multi-use, and re-used for both raw and roasted peanuts.
  • Firm does  not clean production and packaging equipment between runs of various allergen-containing products.

Observation 3: Food contact surfaces used for manufacturing low-moisture food were wet at time of use.

Observation 4: The design and workmanship of equipment does not allow proper cleaning.

Observation 5: Failure to have smoothly bonded or well maintained seams on food contact surfaces, to minimize accumulation of food particles, dirt, and organic matter and the opportunity for growth of microorganisms.

Observation 6: Employees did not wash hands thoroughly in an adequate hand-washing facility at any time their hands may have become soiled or contaminated.

Observation 7: Plumbing is not adequately installed and maintained to properly convey sewage and liquid disposable waste from the plant.

Observation 8: The plant is not constructed in such a manner as to allow floors, walls, and ceilings to be adequately cleaned and kept clean and kept in good repair.

Observation 9: Failure to store raw materials in a manner that protects against contamination.

  • From 9/17112-10/2112, raw, in-shell peanuts were observed outside in uncovered trailers and open to the elements. Birds too numerous to count were observed flying over, and landing on peanuts in the trailers.
  • On 9/28/12, [FDA inspectors] observed the weather as overcast and rainy, seven open trailers filled with peanuts were observed stored uncovered on the front of [the] property exposed to moisture from the weather.

Observation 10: Effective measures are not being taken to exclude pests from the processing areas.

As for the company’s compliance history, consider the following:

In 2003, FDA cited the following problems: (1) the firm’s plumbing constitutes a source of contamination to food; (2) effective measures were not being taken to protect against the contamination of food on the premises by pests; (3) the firm failed to provide adequate screening or other protection against pests; (4) the firm failed to hold rework materials in bulk or in suitable containers so as to protect against contamination; and (5) the firm failed to maintain the buildings in repair sufficient to prevent food from becoming adulterated.

In 2007, FDA cited the following problems: (1) the firm failed to manufacture foods under conditions and controls necessary to minimize the potential for growth of microorganisms and contamination; (2) the firm failed to take reasonable precautions to ensure that production procedures do not contribute contamination from any source; (3) employees were observed not washing and sanitizing hands thoroughly in an adequate hand washing facility before starting work and after each absence from the work station; (4) effective measures were not being taken by the firm to protect against the contamination of food on the premises by pest (a repeat observation); (5) the firm failed to store raw materials in a manner that protects against contamination; and (6) the firm failed to maintain buildings in repair sufficient to prevent food from becoming adulterated (a repeat observation).

In 2009, FDA cited the following problems: (1) the firm failed to manufacture foods under conditions and controls necessary to minimize the potential of microorganisms and contamination (a repeat observation); (2) the firm failed to take all reasonable precautions to ensure that production procedures did not contribute contamination from any source (a repeat observation); (3) failure to take all reasonable measures and precautions to ensure personnel cleanliness by utilizing effective hair restraints and ensuring that beard covers were worn in an effective manner; (4) failure to ensure employees washed/sanitized their hands properly when returning from the work station (a repeat observation); (5) failure to maintain equipment used to hold food ingredients in a manner that protects them from contamination. Also, FDA found Salmonella in an environmental sample taken during its 2009 inspection.

In 2010, FDA cited the following problems: (1) All reasonable precautions are not taken to ensure that production · procedures do not contribute contamination from any source; (2) Effective measures are not being taken to exclude pests from the processing areas and protect against the contamination of food on the premises by pests; (3) The plant is not constructed in such a manner as to allow floors to be kept in good repair; (4) Failure to wear beard covers in an effective manner; (5) The design and construction of equipment and utensils fails to preclude the adulteration of food with contaminants.

In 2011, FDA cited the following problems: (1) Failure to store raw materials in a manner that protects against contamination; (2) Failure to provide adequate screening or other protection against pests.

Am I the only one who doesn’t understand what’s going on here?

Where were the company’s customers? Did they never visit the production plant?

Where was Silliker Laboratories, the company’s third party auditor? Did they ever visit the production plant or review the company’s internal lab results?

AND WHERE THE HELL WAS FDA? Why did the agency not review Sunland’s internal lab results and production/distribution records until after the company’s negligence resulted in a food poisoning outbreak?

If this is an example of “Food Safety Modernization” in action, please give me the Good Old Days.

Recalls and Alerts: November 8, 2012

Here is today’s list of food safety recalls, product withdrawals, allergy alerts and miscellaneous compliance issues. The live links will take you directly to the official recall notices and company news releases that contain detailed information for each recall and alert.

If you would like to receive automatic email alerts for all new articles posted on eFoodAlert, please submit your request using the sidebar link.

For current information on retail distribution of peanut butter products recalled due to Salmonella Bredeney, please consult the Trader Joe’s/Sunland Peanut Butter Recalls tab.

For current information on retail distribution of beef products containing Canadian beef recalled due to E. coli O157:H7 contamination please consult the Canada/USA Beef Recall tab.

United States

  • Allergy Alert: Giant Eagle recalls Spice Bars – Bakery (UPC 21972200000; All Sell by dates), due to the presence of undeclared soy.
  • Allergy Alert: Mayflower International, aka Fu Xiang Yuan Trading Inc. (Brooklyn, NY) recalls Fu Xiang Yuan Trading Inc. brand Lily Dry (3.5 oz/100g plastic and foil bag; UPC 6 944295 300176; Product of China), due to the presence of undeclared sulfites. The recalled product was distributed throughout the USA.
  • Food Safety Recall: Fresh Express Incorporated (Charlotte, NC) recalls Fresh Express Spinach (9 oz pkg; Product code S299B25; Use by November 7), due to possible contamination with Salmonella. The recalled spinach was distributed primarily in the Western region of the USA.
  • Food Safety Recall: Nestle USA recalls Nestle NESQUIK® Chocolate Powder (40.7 oz; UPC 0 28000 68230 9; Production codes 2282574810 & 2282574820; Best before Oct 2014), Nestle NESQUIK® Chocolate Powder (21.8 oz; UPC 0 28000 68090 9; Production codes 2278574810, 2278574820, 2279574810, 2279574820, 2284574820, 2284574830, 2285574810, 2285574820, 2287574820, 2289574810 & 2289574820; Best before Oct 2014) and Nestle NESQUIK® Chocolate Powder (10.9 oz; UPC 0 28000 67990 3; Production code 2278574810; Best before Oct 2014), because the products contains calcium carbonated supplied by Omya Inc., and may be contaminated with Salmonella. The recalled products were manufactured during early October, 2012 and distributed nationally.
  • Outbreak Alert Update: CDC reports that a total of 41 persons infected with the outbreak strain of Salmonella Bredeney have been documented in 20 states; 63% are children under the age of 10 years. The illnesses were linked to the consumption of peanut butter manufactured by Sunland, Inc. of Portales, New Mexico. Ten of the outbreak victims were hospitalized.
  • Outbreak Alert: Food Safety News reports that unpasteurized, unlabeled apple cider may be the source of a number of E. coli infections in Antrim County, Michigan. The cider was produced at an unlicensed facility.

Canada

  • Food Safety Recall: Purity Life Health Products recalls Larabar Gluten Free Cashew Fruit & Nut Energy Bars (16 x 48g; Use by 30MAY2013; UPC 00021908455235) due to microbiological spoilage. The recalled bars were sold in Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Prince Edward Island, Quebec, and Saskatchewan.

Europe

  • Allergy Alert (UK): Asda withdraws Asda Extra Special Syrup Sponge Puddings (300g; Best before 17 February 2013), due to the presence of undeclared soy.
  • Food Safety Recall (Belgium): Het Dischhof recalls Keiems Bloempje natuur – Petite Fleur Nature soft curd cheese (Expiry 06/12/12 (Lot 40.3 and 40.4), Expiry 13/12/12 (Lots 41.3, 41.4, 41.5) and Expiry 20/12/12 (Lots 42.2 and 42.4)), and Keiems Bloempje met kruiden – Petite Fleur aux herbes (Expiry 13/12/12; Lot 41/3), due to potential contamination with Listeria monocytogenes.
  • Outbreak Alert Update (Netherlands): An additional 31 cases of Salmonella Thompson infections were confirmed in the last week. In total, 1,094 people have been sickened in the Netherlands after consuming smoked salmon contaminated with the outbreak strain.
  • Outbreak Alert Update (Northern Ireland): The outbreak of E. coli O157 infections linked to Flicks restaurant in Cityside Mall, Belfast now comprises 137 confirmed cases and 164 probable cases.
  • Outbreak Alert (UK): Approximately 350 passengers on the Celebrity Cruise vessel Constellation were reported ill with vomiting and diarrhea, thought to be due to norovirus. The ship’s departure from Southampton was delayed to allow for extra cleaning and sanitizing, according to a BBC report.

Asia, Africa and the Pacific Islands

  • Food Safety Recall (Hong Kong): The Centre for Food Safety advises the public that the following two peanut butter products, which were imported into Hong Kong, were recalled by Sunland Inc. due to potential contamination with Salmonella: Sunland Organic Valencia Peanut Butter Creamy (12 oz/340g; Bar code 4868732810; Best before May 23, 2013) and Sunland Organic Valencia Peanut Butter Crunchy (12 oz/340g; Bar code 4868731810; Best before July 20, 2013). The importer has recalled all affected products, and retail outlets have stopped their sale.
  • Food Safety Recall (Singapore): AVA alerts the public that the following product was recalled by the local importer after the manufacturer initiated a recall due to E. coli contamination: B.d Farm Paris Creek Organic Biodynamic Yoghurt Apricot (200g; Best before 14/11/2012; Product of Australia).
  • Dietary Supplement Safety Alert (Hong Kong): The Department of Health advises the public not to buy or consume the slimming product Ku Xiu Ba Xiang Jian Fei Wan, as it may contain undeclared and banned drug ingredients; namely sibutramine and phenolphthalein.
  • Outbreak Alert (Hong Kong): The Centre for Health Protection is investigating two suspected food poisoning outbreak involving 12 people who developed symptoms of diarrhea, nausea, abdominal pain and fever after having dinner at a restaurant in Tsim Sha Tsui.

Some supermarket chains post recall notices on their web sites for the convenience of customers. To see whether a recalled food was carried by your favorite supermarket, follow the live link to the supermarket’s recall web site.

*The Kroger umbrella encompasses numerous supermarket, marketplace and convenience store chains, listed on the Kroger corporate home page.
**Includes Safeway, Vons, Pavilions, Dominick’s, Genuardi’s, Randalls, Tom Thumb, Carrs and Pak N’ Save.