Senator Florez Letter to Secretary of Food & Agriculture

Senator Dean Florez, D-Shafter, today wrote to A.G. Kawamura, secretary of the California Department of Food and Agriculture to express his concerns over the recent distribution of lettuce contaminated with salmonella to 48 states and Canada. Florez is the chairman of the Senate Select Committee on Food-borne Illness and introduced legislation in the wake of deadly 2006 E. coli outbreaks linked to California leafy greens which would have mandated an improved inspection process and efficient traceback system. That legislation was shelved by the Assembly Agriculture Committee, which opted to wait and see how industry faired in its attempts to self-regulate, despite the industry’s previous lack of response to repeated outbreaks and calls for action from the federal Food and Drug Administration.

In his letter, Florez questions how the contaminated produce made it to store shelves before the danger was caught if leafy greens are being inspected as promised under the voluntary Leafy Green Marketing Agreement to which the distributor in question, Metz Fresh, is a signatory. Below is a copy of Florez’s letter to Kawamura.

***Letter Below***
August 30, 2007

A.G. Kawamura
Secretary
California Dept. of Food & Agriculture
1220 N Street
Sacramento, CA 95814


Dear Secretary Kawamura:

I am writing to express my serious concern regarding the recent distribution of spinach contaminated with salmonella from a California farm. I understand that the contaminated spinach originated from Metz Fresh, which is a signatory to the Leafy Green Marketing Agreement program, which is under the jurisdiction of the California Department of Food and Agriculture.

Nearly one year has passed since the devastating E. coli outbreak from California grown spinach, and it is clear that California’s food safety measures are lacking, as is evidenced by the fact that we continue to distribute contaminated produce across the United States and Canada. Most troubling is the fact that, according to reports in the Bakersfield Californian, contaminated spinach was placed on shelves and was available for sale to consumers. This raises serious questions regarding the effectiveness of the current food safety program and signals the need for stronger regulation on the part of government.

In light of this incident it is necessary and appropriate for the Committee to better understand the current status of the food safety measures in place under the Leafy Green Marketing agreement. Accordingly, please provide the Committee with the following information:

1) An explanation as to why the contaminated spinach was not identified prior to being distributed to retailers and/or commercial food establishments and, more importantly, why it was not identified prior to being made available for purchase by consumers.

2) Whether the packaging containing the contaminated spinach bears the official seal of the Leafy Green Marketing Agreement. In the event that the packaging does not bear the seal, please provide an explanation as to why, given that the seal is the only manner for consumers to identify whether a grower is a signatory to the Leafy Green Marketing Agreement and was touted as a cornerstone of the agreement.

3) Whether Metz Fresh has been inspected pursuant to the Leafy Green Marketing Agreement. If so, please provide the date of the inspection and the results of the investigation, detailing any violations or shortcomings identified. Please provide any documents generated during the inspection process.

4) What specific actions will be taken by the Leafy Green Marketing Agreement in light of this incident.

5) The current status of the Leafy Green Marketing Agreement inspection and compliance program, including what percentage of processors and growers have been inspected to date, and the results of these inspections.

Given the seriousness of this breakdown in California’s food safety system please provide a response no later than 1 p.m. on Friday, August 31, 2007.

Sincerely,
DEAN FLOREZ
Chair, Senate Select Committee on Food-Borne Illness