Tag Archive: raw skim milk


Food Safety

South Carolina Investigating 11 Cases of E. Coli Infection

The South Carolina Department of Health and Environmental Control (DHEC) is investigating an outbreak of E. coli O157:H7 infection that may include at least 11 cases.

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According to a news release Friday, at least two of the cases have progressed to hemolytic uremic syndrome (HUS), a complication of E. coli infection that can lead to kidney failure.

The health department said the illnesses appear to be related to dining at a Spartanburg-area Mexican restaurant during the last week ……

 

Read Full Article Here

 

 

Another Illness Added to Salmonella Outbreak Tied to Dog Food

At least 15 individuals in 9 states have been infected with Salmonella Infantis linked to dry dog food, according to an outbreak update by the Centers for Disease Control and Prevention.

The number of ill persons in each state is as follows: Alabama (1), Connecticut (1), Michigan (1), Missouri (3), North Carolina (3), New Jersey (1), Ohio (2), Pennsylvania (2), and Virginia (1). One new ill person was reported from Pennsylvania.

CDC said there is also one person in Canada linked to the outbreak.

Among the 10 patients with available information, 5 were hospitalized, which is an unusually high hospitalization rate. No deaths have been reported.f April, 2012.

 

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Reps. Markey, Slaughter Press FDA on Antibiotic Use in Ethanol Production

Congressional query follows IATP report on distillers grains fed to animals

With growing concern over antibiotic resistance, public health advocates have long pushed for more responsible use of these drugs — both in human medicine and animal agriculture — but there is one piece of the antibiotics puzzle that has not received as much attention: ethanol production.

Last week, Reps. Ed Markey (D-MA) and Louise Slaughter (D-NY) wrote to the U.S. Food and Drug Administration asking some tough questions about the potential link between ethanol byproducts in animal feed and antibiotic-resistant bacteria.

“Antibiotic-resistant strains of bacteria are a grave public health threat that is growing worldwide,” wrote Markey and Slaughter. “As the threat of antibiotic resistance expands, we must ensure that the unnecessary use of antibiotics in agricultural animals is minimized and FDA has the ability to limit their use if it serves to protect public health.”

cornpile_iphone.jpgThe letter follows a new report by Minneapolis-based Institute for Agriculture and Trade Policy, which highlights the fact that many ethanol producers routinely add antibiotics like medically important penicillin and erythromycin, as well as virginiamycin and tylosin, when mixing corn mash and warm water to ferment the ethanol.

Producers use antibiotics to keep the tanks from being contaminated with Lactobacilli, bacteria that compete with the yeast and lowers the ethanol yield. Contamination is common so tanks are often inoculated as a preventative measure.

So, what does this process have to do with food safety and antimicrobial resistance? Well, the leftover distillers grains can contain antibiotic residues and they are routinely fed to food animals.

 

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Australia Relaxes Code to Permit Some Raw Milk Cheeses

Australia is set to OK the sale of some hard, grating cheeses made from unpasteurized milk, but Food Standards Australia New Zealand (FSANZ) says raw drinking milk “presents too high a risk” to consider its commerce.

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The change for some raw milk cheese is the result of an assessment, known as Proposal P1007, which considered whether Australia’s dairy standards were too restrictive.
“Australia has a very safe supply of milk and dairy products thanks to existing regulations in the Food Standards Code that set controls to manage potential microbiological hazards,” FSANZ explained in published statements.

The agency wanted to see whether there were “feasible safety systems” for raw milk products that would preserve the integrity and public health safety of its dairy supply.

 

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Regulatory Leapfrog is Underway

FSIS Trumps Some Aspects of FDA Regulations and FSMA

Opinion
USDA’s Food Safety and Inspection Service (FSIS) has announced a series of prevention-based food safety policy measures, including a final rule designed to make FSIS aware of adulterated or misbranded food in the supply chain that is similar to FDA’s Reportable Food Registry; a proposed rule for earlier, more expansive traceback for E. coli; and a draft guidance on validating HACCP systems.
FSIS published an advance copy of the Final Rule entitled “Requirements for Official Establishments to Notify FSIS of Adulterated or Misbranded Product, Prepare and Maintain Written Recall Procedures, and Document Certain Hazard Analysis and Critical Control Points System Plan Reassessments.” The rule implements three provisions included in the 2008 Farm Bill and requires establishments to:
– notify FSIS within 24 hours that a meat or poultry product that could be subject to Class I, II or III recall has been shipped into commerce.
– prepare and maintain written recall procedures.
– document each reassessment of their HACCP plan.

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The notification requirements show some similarity to FDA’s Reportable Food Registry (RFR), however they clearly go much further in terms of what needs to be reported to FSIS. Also FSIS chose to implement a completely different system with facilities directed to notify, that is – make a phone call to – the appropriate District Office within 24 hours of “learning or determining that an adulterated or misbranded product received by or originating from the establishment has entered commerce, if the establishment believes or has reason to believe that this has happened.”  As with many rules the precise interpretation of “reason to believe” is significant.  Would this mean that a presumptive positive is a reason to believe?
In contrast, the RFR (discussed in a previous newsletter) requires FDA-regulated food facilities to report when there is “reasonable probability” that an article of food will cause serious adverse health consequences – a Class I situation. Additionally, the report is to be submitted through the electronic RFR portal as soon as practicable, but in no case later than 24 hours after determining that an article of food is a reportable food.
Although FSIS received comment suggestions to follow the standard established by RFR, or to incorporate a de minimis standard (that is, the determining of a risk level that is too small to be concerned with). FSIS chose to maintain its standard of reporting of any adulteration or misbranding stating, “If the Agency adopted the RFR standard or a similar de minimis standard, establishments may not be required to notify FSIS about product that could trigger a Class II or Class III recall.” While this is certainly true it is most assuredly “leaping” over the current FDA RFR requirements in terms of regulatory stringency.
As such, the rule assesses the public health concern or hazard presented by a product then classifies the concern as:

‘Do Pass’ Recommendation Added to Missouri Ag-Gag Bill

Only a floor vote in the Missouri Senate may stand between Gov. Jay Nixon’s desk and a bill making fraud and interference new crimes if carried out at agricultural facilities, a so-called “ag-gag” law.
House Bill 1860, adopted by the Missouri House on a 124-29 vote, now carries an important  “do pass” recommendation from the powerful Missouri Senate Agriculture, Food Production, and Outdoor Resources Committee.
The “do pass” recommendation was attached to the bill on May 10, and it could have been brought up for a vote at any time since then. But for the past week, Missouri’s General Assembly was caught up in what observers called  “contentious cross-chamber negotiations” on the “Show Me” state’s new budget.

Outbreak of HUS E. Coli Linked to Spartanburg, South Carolina Mexican Restaurant

The South Carolina Department of Health and Environmental Control (DHEC) has issued a health advisory alerting doctors and other health care providers about an outbreak of shiga toxin-producing E. coli (STEC) cases linked to a Spartanburg-area Mexican restaurant.

During the last week of April, 2012, eleven people became ill with E. coli 0157:H7 infections. The restaurant has not yet been named and, according to Adam R. Myrick, Public Information Officer of the South Carolina Department of Health and Environmental Control, the agency “doesn’t plan to name the restaurant at this point.” The DHEC is working to determine if specific food items might be involved.

The department has interviewed three patients so far. Of those three people, two have developed hemolytic uremic syndrome (HUS), a serious illness that can lead to kidney failure and death.

 

Read Full Article Here

 

Under The Sea: Oysters and Norovirus Outbreaks

Area 23, a shellfish harvesting zone off the Louisiana coast roughly equal in size to the city of New Orleans, was closed this week after health officials linked a norovirus outbreak to its oysters.

An investigation into the outbreak that sickened 14 people who ate oysters at a Louisiana restaurant determined that the oysters were tainted before they arrived at the restaurant. Health officials issued a recall of the oysters and the temporary closure of Area 23.

Closing a harvesting zone the size of a major metropolitan area might seem like an indicator of a massive outbreak, but that’s likely not that case, according to Ken Pastorick, spokesman for the Louisiana Department of Health and Hospitals (LHH).

 

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Organic Pastures Outbreak Is Fifth Raw Milk Outbreak This Year

The Campylobacter raw milk outbreak linked to Organic Pastures Dairy in Fresno County, California is the fifth foodborne illness outbreak this year caused by raw milk.

On May 10, the California Department of Food and Agriculture issued a quarantine and recall of all  Organic Pastures raw milk, raw skim milk, raw cream and raw butter after samples of raw cream tested positive for Campylobacter.

At least 10 people have been diagnosed with confirmed Campylobacter infections after consuming raw milk products produced by the farm. Those sickened range in age from nine months to 38 years old, six of them are children.

In 2011, a total of nine foodborne illness outbreaks linked to raw milk products sickened 123 people, according to information from state health and agriculture departments. So far this year, five raw milk outbreaks have sickened 142 people. They are:

 

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CDC Tracking 5 Overlapping Turtle Salmonella Outbreaks in 27 States

Five overlapping Salmonella outbreaks linked to human contact with small turtles have sickened at least 124 people in 27 states, prompting the continuation of a public health investigation that began last year. One of the outbreaks dates back to June 2011 and another to August 2011.

Two new outbreaks have unfolded since early last month, sprouting new geographic distributions of Salmonella infections that are spreading in many cases from human contact with contaminated water in the turtles’ environments.

According to the Centers for Disease Control and Prevention (CDC), nearly 7 of 10 outbreak victims are children under the age of 10. In many cases the turtles are pets purchased from street vendors because the U.S. Food and Drug Administration banned the sale and distribution of turtles in 1975

 

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Recalls

 

 

Jonnly Fruits Recalls Several Beverages for Undeclared Milk Derivative

May 12, 2012 By

Jonlly Fruits Inc. of Puerto Rico is recalling Jonnly Fruit and Natural Tropic beverages in several flavors because they contain undeclared sodium caseinate, a milk derivative, that is one of the major food allergens. The FDA has posted this recall in Spanish. You can see all product labels at the FDA site.

Product details:

 

Read Full Article Here

 

Whole Foods Market Recalls Cupcakes for Undeclared Walnuts

Whole Foods Market is recalling its variety cupcake six-packs sold in Northern California because some of the cupcakes contain undeclared walnuts. Walnuts are tree nuts, one of the major food allergens.

One illness has been reported. Anyone with an allergy to walnuts may suffer a serious or life-threatening reaction if they eat these cupcakes.

Product details:

 

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Nestlé Recalls Purina Veterinarian Diets OM Canned Cat Food for Thiamine Deficiency

Kitten pawing at pet foodNestlé Purina PetCare (NPP) is recalling one lot of Purina Veterinary Diets® OM Overweight Management canned cat food because it has low levels of Vitamin B1 (thiamine).

Product details:

  • Purina Veterinary Diets® OM Overweight Management Feline Formula
  • 5.5 ounce cans
  • “Best By” Date JUN 2013
  • Production Code 11721159
  • UPC number 38100 – 13810
  • Sold by veterinarians in the United States and Canada
  • Distributed to clinics between June 2011 and May 2012 in the U.S. and Canada
  • Not sold in retail stores

Read Full Article Here

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Articles of Interest

EPA Grossly Misrepresents The Toxicity Of Corexit Used In Gulf Of Mexico

Susan Aarde
Activist Post
plane spraying corexit

© Apalachicola Bay Corexit Poisoning

Quite incredibly, the EPA issued a positive report on May 1, 2012 regarding the safety and toxicity of various dispersants used in the BP Gulf Oil Spill. Included in this assessment was the use of Corexit.

This report “indicated that all eight dispersants had roughly the same toxicity,” and all fell into the “practically non-toxic” or “slightly toxic” category. Scientists found that none of the eight dispersants displayed endocrine-disrupting activity of “biological significance.”

The same report went on to say that “dispersant-oil mixtures were generally no more toxic to the aquatic test species than oil alone.”

The first question that jumps out for those who have researched this subject with any degree of thoroughness is how this recent report fails to reconcile with previous studies performed by the EPA.

Here is some test data retrieved from the EPA website that was posted previous to the BP Gulf Oil Spill.

The dispersant (Corexit 9500) and dispersed oil have demonstrated the following levels of toxicity per the EPA website link that follows:

(1) 10.72 parts per million (ppm) of oil alone will kill 50% of the fish test species in a normal aquatic environment within 96 hours.

(2) 25.20 parts per million of dispersant (Corexit 9500) alone will kill 50% of the fish test species in a normal aquatic environment within 96 hours.

(3) 2.61 parts per million of dispersed oil (Corexit-laden) alone will kill 50% of the fish test species in a normal aquatic environment within 96 hours.

This data diverges from the recent report to such a significant degree that the results which were just posted at the EPA.gov website under the title of “The BP Oil Spill: Responsive Science Supports Emergency Response” must be seriously scrutinized.

What is the buying public to make of such conflicting data? Those who have medical conditions which require complete avoidance of toxic seafood need to know with certainty what they are eating.

Likewise, the fishermen in the Gulf need to know the true condition of their catch. Swimmers and beachgoers need to know the state of the water, as well as the beaches. Boaters ought to be informed of the relevant risk factors when out in the areas of recently sprayed waters, whether surface or deep sea.

The most serious questions to emerge from this report revolve around the issue of credibility. Can the EPA ever be trusted again to conduct the necessary research regarding anything having to do with the Gulf of Mexico oil spill caused by BP?

Issuing such blanket statements about the relatively low toxicity associated with this spill, irrespective of location on the beach, in the waters, in the wetlands or estuaries, seems to be quite disingenuous.

Furthermore, the federal government’s declaration that the “clean up phase” of the Deepwater Horizon spill is over begs for review, especially in light of the large quantities of submerged oil unaccounted for residing in the water column, DOJ’s discovery of false flow rate numbers reported by BP and new sightings of oil slicks all over the Gulf.

In light of all that, the clean up phase is not over and further use of Corexit dispersant isn’t an effective solution.

Moreover, the fact that the EPA has approved for use a very safe bioremediation agent known as Oil Spill Eater II, but has yet to allow its use in the Gulf raises many additional questions.

From our investigation, it has become clear that Corexit has been given preferential treatment over other much safer alternatives. The Gulf Oil Spill Remediation Conference (GOSRC) was quoted as follows in this regard:

When we heard about Oil Spill Eater II, and the fact that it is EPA-approved (NCP listed) and has demonstrated its effectiveness at least 14 times for the BP Gulf Oil Spill, we wondered why it wasn’t being used 24/7.

The GOSRC went on to issue a press release entitled: Coalition Of Enviro, Citizens And Political Groups Demand COREXIT Use Be Stopped which pointed out the deliberate false image which has been created around the use of this toxic dispersant – Corexit 9500.

The Gulf Rescue Alliance (GRA) also made the recent observations in their press release entitled: BP Gulf Oil Spill Revisited.

Many of these studies point out the obvious; that when you mix a tremendous volume of released oil with methane gas and further mix it with a toxic dispersant like Corexit, as they have done throughout this oil spill, a chemical cocktail is created that will have as far-reaching ecological ramifications as it will profound environmental consequences.

The Earth Orgainization (TEO) has also weighed in on this issue through their release of an excellent documentary entitled: Hidden Crisis in the GULF. Barbara Wiseman, TEO President, has been an ardent advocate for safer oil remediation measures since the very beginning of this oil spill. She has said that:

At the beginning of the disaster, TEO investigated to find effective, non-toxic technologies currently available in adequate supply to clean up an oil spill of this size. Once we isolated the best solutions, we then investigated to find what the barriers to getting them implemented were. The barriers have all come down to specific people in the EPA. They are, in effect, holding the Gulf hostage and, for some unexplained reason, won’t let it be cleaned up.

Lastly, perhaps the words of Steven Pedigo reflect the voice of reason more than any other in this ongoing oil spill when he was quoted in A 2nd Anniversary Report on the BP Gulf Oil Spillas follows:

The toxic dispersants add absolutely nothing to EFFECTIVE RESPONSE. There is no scientific basis for it, and their use violates The Clean Water Act, EPA’s charter and common sense.

Corexit’s label clearly states it can cause kidney failure and death and the MSDS (Material Safety Data Sheet) specifically warns, ‘Do not contaminate surface water with it. Additionally, toxicity testing in regards to marine species shows little tolerance by all forms of sea life; thus, applying it on spills as a preferred response method increases the toxicity of the spilled oil on which it is used.

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[In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit, for research and/or educational purposes. This constitutes ‘FAIR USE’ of any such copyrighted material.]

Food Safety

Does Deregulation let Corporations Kill You?

Published on May 11, 2012 by

Alyona talks to Michele Simon the President, Eat Drink Politics And author of “Appetite for Profit: How the Food Industry Undermines Our Health and How to Fight Back” According to her, “we have deregulated every single aspect of corporate behavior, so that killing people, is perfectly legal”.

209 Sickened with Clostridium at Church Dinner

209 people have fallen ill with Clostridium infection in an outbreak that occurred at a church dinner in Canada’s Prince Edward Island on April 28, according to the province’s Chief Public Health Office.

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Public health officials have tested roast beef and gravy left over from the event and believe the Clostridium bacteria grew on the beef from being held at improper temperatures following cooking.
Most victims recover from Clostridium illness within 24 hours. Those infected with the bacteria are not contagious.

  Read Full Article Here

FDA Halts Shellfish Imports from Korea

The Food and Drug Administration has stopped the shipment of fresh and frozen oysters, clams, mussels and scallops from Korea to the U.S. because many of these molluscan shellfish may be contaminated, according to a news release from the Washington State Department of Health.

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The ban does not include canned shellfish.
The action comes with removal of all certified dealers in the Korean Shellfish Sanitation Program from the FDA’s Interstate Certified Shellfish Shippers List, the health department stated.

Toronto Government Warns Against Eating Raw Fiddleheads

5 people sick

Five cases of illness associated with consuming fiddleheads — the edible shoots of ostrich ferns — have recently sprouted up in Toronto, according to a health advisory from Toronto Public Health.

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Fiddleheads are believed to carry an unidentified natural toxin that can sicken some eaters unless the food is thoroughly washed and cooked before consumption. After concerns about the mystery toxin first arose in 1994, the U.S. Centers for Disease Control and Prevention began recommending people boil fiddleheads for 15 minutes or steam them for 12 before eating.

Cook Your Mother’s Day Cookies!

By Kate Levinson, MPH, MA, Centers for Disease Control and Prevention (CDC)
Of course raw cookie dough isn’t as sweet as Mom–but it might be a close second! As you bake up a batch of Mother’s Day cookies, or help Mom with her famous family recipe, keep this information in mind to keep yourself and your mom safe.
Cracking the Cookie Dough Case
May 2009, we learned about a number of people who became sick from E. coli O157, a germ that can cause stomach cramps, diarrhea, vomiting, and can even be life-threatening.
CDC and state and local health departments began to investigate. We originally suspected ground beef was making people sick. It is one of the “usual suspects” for E. coli O157, along with leafy greens and sprouts. But as we learned about more and more people who were infected with the same specific strain of E. coli O157, we noticed that they were generally young and female, which isn’t what we normally see in outbreaks linked to ground beef.

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Our disease detectives asked the people who were affected by this outbreak many questions and had them talk about everything that they had eaten and done the week before they became sick, looking for things in common among them. The mother of a sick child mentioned that he had eaten raw, prepackaged cookie dough during the days before he became sick. Another person who had been ill told us she ate ice cream with cookie dough and brownie mix-ins at an ice cream shop (and, later, that she had also eaten raw, prepackaged cookie dough at home). Then another person mentioned eating raw cookie dough, and another.

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Recalls

In New York, Sliced Herring Recalled for Possible Listeria Contamination

May 11, 2012 By

New York State Agriculture Commissioner Darrel Aubertine told consumers that Mazowsze Deli at 420 Church Avenue in Brooklyn, New York is recalling sliced herring for possible Listeria monocytogenes contamination.

Product details:

  • In-store packed sliced herring
  • Un-coded  one-pound plastic container
  • Plastic lid
  • Sold from the deli’s retail location in Brooklyn only

Read Full Article Here

CDC Updates Salmonella Infantis Outbreak Linked to Dry Dog Food

May 11, 2012 By

The CDC has updated its investigation into the Salmonella Infantis outbreak that has been linked to several brands of dry dog food produced by Diamond Pet Foods in South Carolina. So far, 15 people have been sickened. Five have been hospitalized; there have been no deaths. In addition, one person in Canada is ill.

The case count is as follows:

  • Alabama (1)
  • Connecticut (1)
  • Michigan (1)
  • Missouri (3)
  • North Carolina (3)
  • New Jersey (1)
  • Ohio (2)
  • Pennsylvania (2)
  • Virginia (1)

One new case was reported in Pennsylvania. Consumers are urged to check their homes for the recalled pet food products, which include dry dog food and dry cat food, and discard them if they have purchased one of those products. Look for the Production Code on the package. Recalled items have the numbers “2″ or “3″ in the 9th or 10th position and the letter “X” in the 10th or 11th position.

Read Full Article Here

Ten Sick from Campylobacter Linked to CA Organic Pastures Raw Milk Products; Recall Ordered

May 10, 2012 By

The California Department of Food and Agriculture (CDFA) has announced the recall of raw milk products made at Organic Pastures Dairy of Fresno County. At least ten people have been sickened with Campylobacter infections from January through April 30, 2012. All reported consuming Organic Pastures raw milk products before they got sick. Campylobacter has been found in the raw cream; this was confirmed by the state labs.

The patient age range is nine months to 38 years. The medium age is 11.5 years, with six patients under the age of 18. Patients live in Fresno, Los Angeles, San Diego, San Luis Obispo and Santa Clara counties. None of the patients have been hospitalized; there have been no deaths.

Read Full Article Here

Defiant McAfee Says Raw Milk Recall Will Be ‘Short’

California says OP dairy likely source of campylobacteriosis

“This is going to be a very short recall.”
That’s the prediction Mark McAfee, owner of Organic Pastures near Fresno, shared with Food Safety News in an email Friday after the state of California on May 10 announced a recall and quarantine of the dairy’s raw milk, raw skim milk, raw cream and raw butter.

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The recall is based on the confirmed detection of Campylobacter bacteria in a sample of the dairy’s raw cream.
Raw milk is milk that hasn’t been pasteurized to kill harmful fecal bacteria that may be in the milk. While some people swear by raw milk, praising it for helping to cure or prevent their health problems, ranging from asthma to Crohn’s Disease, many scientists say those health claims are unfounded.
The Centers for Disease Control and Prevention says there are no health benefits from drinking raw milk that cannot be obtained from drinking pasteurized milk. And the CDC says raw milk and raw milk products are 150 times more likely than their pasteurized counterparts to sicken those who consume them.

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Articles of Interest

Shut Down for Spoiled Meat Sioux Nation Grocer Reopens Meat Counter

PINE RIDGE, SOUTH DAKOTA – Last Friday, May 4, Indian Health Service had the Sioux Nation Superstore close down its meat department after it discovered the grocer was selling outdated meat. A customer of the store complained after discovering spoiled ground beef and called the tribal health and human services committee, which, in turn called in Indian Health Service.

Sioux Nation Superstore Empty Meat CounterSioux Nation Superstore Empty Meat Department

Every tenth day of the month is food stamp day on the Pine Ridge Indian Reservation.

Today is the tenth and the Sioux Nation Superstore in Pine Ridge will be back selling fresh meat, which was not the case when it was ordered to stop selling meat.

Sioux Nation Superstore is the only moderate-sized grocery store on Pine Ridge. The next closest grocery store is in Rapid City, some 120 miles away. Sioux Nation Superstore is operated by Cohn Wholesale Fruit and Grocery, Inc., based in San Diego, California. It leases the store from the Oglala Sioux Nation.

Sioux Nation Superstore Empty Meat CounterThe Tribe’s Health & Human Services Committee determined the grocer could resume meat sales.

Sioux Nation Superstore sells Shurfine and Shurfresh brand grocery items. Its website touts “Quality Meat” with the following statement:….

Read Full Article Here

Massachusetts Uproar Over School Bake Sales Ban

Just a year and half ago, the Obama Administration promised Congress that the child nutrition bill would not mean the end of “approved and infrequent” fund-raising bake sales for school-related causes like booster clubs and PTAs.

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But in implementing the new child nutrition act, the Commonwealth of Massachusetts announced a total ban on bake sales and other “competitive” foods in schools beginning Aug. 1.
The ban created  an uproar in Boston, where state officials wanted to apply it to everything, including vending machines, bake sales, holiday party foods, and even teachers handling out treats as academic rewards.
But after the Massachusetts House adopted an amendment lifting the ban, Gov. Deval Patrick totally backed down and had his officials publish an emergency repeal of the bake sale ban.
It’s the second time this year that Patrick’s expressed concern about childhood obesity went nowhere.
The first time, he called for $260 million in candy and soda taxes and extending bottle fees to water and iced tea.

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[In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit, for research and/or educational purposes. This constitutes ‘FAIR USE’ of any such copyrighted material.]