Food Safety: Federal and State Response to the Spinach E. coli Outbreak

Publication Date: November 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Health

Type:

Abstract:

In September 2006, the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) began receiving reports on clusters of patients in various states confirmed to have E. coli infections. By early October, 199 people in 26 states had become ill -- 102 had been hospitalized, 31 had developed hemolytic uremic syndrome (HUS), a type of kidney failure, and three had died.

Escherichia coli O157:H7 (E. coli) is a bacterium found in animal feces that causes diarrhea and abdominal cramps within days of exposure. An infection can lead to HUS and, in some cases, death. Public health laboratories perform a type of DNA fingerprinting to determine whether a sample taken from a patient matches those taken from other patients and contaminated food during an outbreak. The time from exposure to confirmation of an E. coli infection can take two to three weeks.

As the number of infections increased, an investigation that included FDA, CDC, and state and local public health officials was launched. Starting on September 14 and continuing into early October, FDA and CDC released nearly daily statements on the status of the investigation, alerting the public to the number of cases, states with confirmed cases, spinach product recalls, agency actions, and consumer advice on consumption of spinach products. Investigators were able to trace the outbreak back to several farm fields in the Salinas Valley of California. While the investigation continues, there is evidence that nearby livestock, feral pigs or other environmental sources may have contaminated one or more of the fields.

Since the outbreak, FDA has advised growers of fresh produce that they need to develop and implement voluntary guidelines to prevent outbreaks of food-borne diseases. FDA has also announced that it will convene a public meeting on the issue once the investigation is complete. Several growers groups have called for their industry to use the best agricultural and processing practices to prevent such outbreaks, not least because losses to the industry from the spinach outbreak have been estimated at $100 million.

In October 2006, the House Committee on Energy and Commerce asked FDA to explain its role in detecting contaminated food, particularly in the recent tainted spinach case. The request sought details about the agency's food safety procedures used in emergency situations.

Both proponents and opponents of the National Uniformity for Food Act (S. 3128, H.R. 4167) have weighed in on how it would have affected the E. coli outbreak. Opponents believe that states' ability to act would have been compromised, while proponents claim that the legislation would not have affected state adulteration or inspection authorities.

Legislators may address the recent E. coli outbreak during reauthorization of the farm bill in the 110th Congress, when the proposal for a single food safety agency with increased powers may be considered.