By Emily Stephenson
Scripps Howard News Service
Foods that may contain salmonella-contaminated peanuts could still be on grocery store shelves because a supplier refused a U.S. Food and Drug Administration request to recall them.
The Food and Drug Administration issued a public alert this week against consuming a New Jersey company's peanut products. But the FDA doesn't identify specific brands or foods that could be contaminated because the supplier has not provided the information. The agency lacks authority to demand a recall.
This limitation gives consumers most of the responsibility for avoiding the products, highlighting the FDA's need for mandatory recall authority, one food-safety expert said.
"It doesn't really tell us what is the name of the product on the package," said Jill Hollingsworth, vice president for food safety at the Food Marketing Institute, which helps retailers develop food-safety policies. "This is going to be a challenge ... to try and find this product."
The FDA issued its warning after asking Irvington, N.J.-based Westco Fruit and Nuts to recall the products.
According to the warning, some Westco products shipped between November and February -- which could include whole peanuts, mixed nuts or trail mix -- contain peanuts purchased from the Peanut Corp. of America. The company has been blamed for a salmonella outbreak that has sickened about 690 people since September and killed nine.
Westco owner Jacob Moradi said he didn't recall his products because the FDA didn't provide proof that his peanuts contained salmonella.
"We have been requesting information to that effect, and they have not given us an iota of information whatsoever," Moradi said.
Hollingsworth said the incident highlights the FDA's need for mandatory recall power. The agency can issue consumer warnings and ask suppliers to recall potentially contaminated items but can't initiate a recall.
While it's rare that a company doesn't comply with the FDA's request for a recall, Hollingsworth said the current situation revealed problems with the system. First, she said, a recall notice gets to retailers and prompts them to pull items from shelves faster than a public press release.
Additionally, the FDA didn't identify in its warning specific products or brands that could be contaminated, making it difficult for supermarkets to locate those items. The warning points to "peanuts in various size/packaging configurations" and those used "in a variety of mixed nut products and trail mix" as potentially contaminated.When suppliers issue recalls, Hollingsworth said, supermarkets use barcodes at checkout counters to keep from selling recalled products. Retailers try to pull foods that the FDA warns are potentially dangerous even if there is no recall, but if they can't identify suspect products, it's up to consumers to check labels and toss anything that might be contaminated.
FDA officials don't know where Westco shipped products containing Peanut Corp. peanuts.
Moradi said Westco normally purchases peanuts from a different manufacturer, but during the 2008 holiday season, Westco purchased three shipments from Peanut Corp. Two of those shipments were sent to retailers -- Moradi wouldn't say who purchased them. One shipment is still at Westco's New Jersey headquarters. Stephanie Kwisnek, an FDA spokeswoman, said Wednesday that the agency has requested more information from Westco but has not received a response.
"At this time, the FDA does not know the company's distribution," Kwisnek said in an e-mail. "In addition to requesting that the firm recall, the letter also requested that the firm voluntarily provide a list of consignees to which the firm's products were distributed."
The FDA asked for mandatory recall power in its November 2007 Food Protection Plan. Lawmakers and food-safety experts have in recent weeks called for strengthening the agency, and legislation to give the FDA recall authority has been introduced in the House and Senate.
"All recalls today are done voluntarily, and, in most cases, companies respond. What's lacking is the ability ... to be able to enforce the recall," said Michael Taylor, a George Washington University professor who previously worked for the FDA. "Moradi said the FDA shouldn't be able to recall products without proving that they are contaminated. He blames the agency for failing to regulate the Peanut Corp. and prevent the outbreak.
"People are afraid to eat peanuts and peanut products," Moradi said. "FDA created this mess. It was under their watch that this happened."
Distributed by Scripps Howard News Service, http://www.scrippsnews.com.
