Miami cheese company owner draws 15-month prison term

The owner of Miami-based cheese company Oasis Brands Inc. is the most recent company executive to be sentenced for criminal violations related to pathogen-contaminated food linked to a deadly outbreak.

U.S. District Judge Robert N. Scola Jr. sentenced Christian Rivas on Monday to serve a total of 15 months in federal prison. Rivas negotiated a plea agreement in recent weeks, admitting he intentionally sold cheese he knew was contaminated with Listeria monocytogenes after he promised federal authorities he would cease distribution.

Rivas joins other food industry executives sentenced to federal prison on criminal counts related to outbreaks. Those cases include:

• Austin “Jack” DeCoster and his son Peter DeCoster sentenced in the Quality Egg case related to a 2010 Salmonella outbreak; and
• Stewart Parnell and his brother Michael Parnell, along with Mary Wilkerson, sentenced in the Peanut Corporation of America case related to an E. coli outbreak.

The judge ordered that Rivas can serve his sentences of 15 months on a felony count and 12 months on a misdemeanor count concurrently. Each count carries a one-year period of supervised release, which will also be served concurrently. Rivas, who is released on bond, must surrender himself by noon Dec. 20 to begin serving his time.

Even though Rivas admitted to knowingly shipping contaminated food after agreeing to stop distribution, the Department of Justice recommended reduced sentencing because of “defendant’s recognition and affirmative and timely acceptance of personal responsibility.”

Having reserved action on possible restitution, Judge Scola set a hearing for Feb. 3, 2017, to consider the possibility. He could have fined Rivas $250,000 on each of the two counts, but the judge did not impose a fine, according to court documents.

In his plea agreement, Rivas agreed there were more than 10 victims, but the term victim was not defined.

At least five people were sickened, including one who died, in the Listeria outbreak traced to Oasis Brand cheeses, according to the Centers for Disease Control and Prevention.

The link between the soft, Mexican-style cheese from Oasis Brand and the sick people was discovered because of a random sampling program in Virginia. State officials collected a sample of Oasis brand cheese from a grocery store in Virginia in July 2014 and it tested positive for Listeria monocytogenes.

A subsequent investigation including the CDC, Food and Drug Administration and officials in several states found the outbreak strain of Listeria in additional Oasis Brand cheeses and at its production facility.

Oasis Brand Inc. issued a series of three recalls for various cheeses from August through October 2014. One after the Virginia finding and two more after Rivas had told FDA inspectors he had stopped shipping product.

“At the close of the first inspection on August 22, 2014, Rivas agreed to do the following: (1) suspend manufacturing of new cheese products; (2) hire a consultant to inform the firm how to clean its facility; (3) stop distribution of finished food products in its inventory until a laboratory (retained by Oasis at its cost) could confirm that Oasis’ cheese products and its facility were negative for listeria; and (4) place all in-process product which was in the process of being manufactured or packaged and on the verge of distribution on hold until further discussions with FDA officials,” according to a Tuesday news release from the office of the U.S. District Attorney for the Southern District of Florida.

“From Oct. 7 through Dec. 16, 2014, the FDA conducted a follow-up inspection at the Oasis facility and collected product samples of ‘Lacteos Santa Martha Cuajada en Hoja Fresh Curd,’ then in storage at the facility, one of which later tested positive for listeria.

“The court record indicates that subsequent to the first inspection and during the period Sept. 24, 2014, through Oct. 1, 2014, Rivas had, in violation of his agreement with the FDA, finished packaging multiple trays of cheese then held in-processing and had gone on to ship and distribute these items. …

“Rivas had initiated these shipments after he had learned from his testing laboratory, on Sept. 24, 2014, that a sample of this same product had tested positive for the presence of listeria.”

According to the CDC, the outbreak traced to the Oasis Brand cheese sickened people in Georgia, New York, Tennessee and Texas. Three of the illnesses were related to pregnancy, with one newborn diagnosed with Listeria infection.

“All ill persons were reported to be of Hispanic ethnicity and reported consuming Hispanic-style soft cheese,” according to the CDC. “Two persons who were able to answer questions about specific varieties of Hispanic-style soft cheeses reported consuming quesito casero, though neither could remember the brand.”

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Piccadilly recalls shepherd’s pies for misbranding and allergens

Piccadilly Fine Foods in Santa Clara, CA Tuesday recalled approximately 144 pounds of beef products due to misbranding and undeclared allergens, according to the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS).

The products were produced with Worcestershire sauce that contains anchovies (fish), a known allergen which was not declared on the finished product label.

The beef shepherd’s pie items were produced on Sept. 29, 2016 and Oct. 20, 2016. The following products are subject to recall:

• 4 cases of 8 oz. plastic sealed packages containing “BEEF SHEPHERD’S PIE With Vegetables, Made with Beef Chuck Steak,” with a case and lot code of “295-16” and a package date of 10/21/2016.
• 8 cases of 8 oz. plastic sealed packages containing “BEEF SHEPHERD’S PIE With Vegetables, Made with Beef Chuck Steak,” with a case and lot code of “274-16” and a package date of 9/30/2016.

The recalled products  bear establishment number “EST. 9216” inside the USDA mark of inspection. They were shipped to retail locations in California.

The problem was discovered by FSIS inspection personnel during normal inspection activities on November 10, 2016.  Products produced prior to September 29, 2016 used a different brand of Worcestershire sauce that did not contain anchovies as an ingredient.

There have been no confirmed reports of illness or adverse reactions due to consumption of these products. Anyone concerned about an injury or illness should contact a healthcare provider.
Consumers who have purchased these products are urged not to consume them.

These products should be thrown away or returned to the place of purchase.

FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers of the recall and that steps are taken to make certain that the product is no longer available to consumers.

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Cookie dough recall hits Weight Watchers frozen desserts

Weight Watchers is recalling 100,000 cases of its Smart Ones frozen desserts containing pieces of cookie dough that has been recalled because of Listeria monocytogenes contamination.

“This issue was identified when Aspen Hills, the supplier of the cookie dough pieces used as an ingredient in Weight Watchers Smart Ones Chocolate Chip Cookie Dough Sundae frozen desserts, reported positive test results for Listeria monocytogenes,” according to the Weight Watchers product recall notice on the Food and Drug Administration’s website.

“We immediately began an investigation and are voluntarily taking this action as a precautionary measure. … There have been no consumer complaints or reports of illness related to this issue to date. … No other sizes, varieties or code dates of Weight Watchers Smart Ones products are included in this recall.”

Although only one flavor of Weight Watchers Smart Ones desserts is subject to the recall — Chocolate Chip Cookie Dough Sundae — it is packaged under 21 different date codes, ranging from Dec. 28, 2016, through July 28, 2017. Retailers across the country received the product. Check the recall notice for date codes and other label information.

Weight Watchers is among several companies that have recalled products in recent weeks because of cookie dough from Aspen Hills Inc. of Garner, IA. Those companies include:

• Chocolate Shoppe Ice Cream Company Inc.;
• Blue Bell Creameries;
• Blue Bunny;
• House of Flavor;
• Nutrisystem; and
• Publix.

The cookie dough company has refused to release its customer list, but in October a company spokeswoman said none of the recalled Aspen Hills cookie dough went to fund-raising customers. She said it all went to commercial food manufacturers.

Aspen Hills Inc.’s website states “daily production capacity is 180,000 lbs. of product.”

“The manufacturing facility in Garner, IA, was designed specifically for large-volume cookie dough manufacturing and boasts housing an onsite freezer capable of storing 15 semi-trailer loads of cookie dough,” according to the Aspen Hills Inc. website.

Blue Bell Creameries discovered contamination
The iconic Brenham, TX-based Blue Bell Creameries discovered Listeria monocytogenes in cookie dough from Aspen Hills Inc. during product testing at one of its production plants in September.

Aspen Hills recalled some cookie dough at that time and launched an in-house investigation. Although the cookie dough producer did not find Listeria in its products or plant, according to a statement issued in October, it did discover food safety “issues,” which spurred company officials to recall cookie dough.

The cookie dough recall notice was not made public, though, going only to the 27 food manufacturing companies that had received Aspen Hills dough produced from July 15 through Sept. 30. All ice cream produced by Aspen Hills during that period is being recalled.

Public urged to self-monitor for symptoms
No illnesses had been reported in connection to any of the recalled cookie dough of recalled products made with it, as of the posting dates of individual recalls. However, symptoms of Listeria infection can take up to 70 days after exposure to develop. Food contaminated with Listeria monocytogenes may not look, smell or taste bad.

Anyone who has eaten any of the recalled products and developed symptoms of Listeria infection should seek medical attention and inform their doctors about the possible exposure to the pathogen.

Listeria monocytogenes can cause serious and sometimes fatal infections In young children, frail or elderly people, and others with weakened immune systems. Although healthy people may suffer short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria monocytogenes infection can cause miscarriages and stillbirths among pregnant women.

For more details on the Aspen Hills cookie dough recall and other product recalls related to it, please see: “Cookie dough recall for Listeria ripples through food chain”

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Seaweed farm linked to Salmonella outbreak recalls products

Four days after the Hawaii Department of Health reported it ordered a farm to cease and desist distribution of its seaweed because of links to an ongoing Salmonella outbreak, the company posted a recall notice.

Marine Agrifuture LLC of Kahuku, HI, is recalling its “Kahuku Ogo,” “Robusta Ogo” and “Kahuku Sea Asparagus” from distributors and other direct customers in Hawaii, California, Washington and Nevada. The products were also sold at farmers markets in Hawaii, as well as being exported to Tokyo, according to the recall notice on the Food and Drug Administration’s website.

As of Nov.  8, 14 people had been confirmed with Salmonella infections, with four of them having symptoms so severe that they required hospitalization. The sick people include adults and children who developed diarrheal illnesses from mid- to late October.

Preliminary investigations identified consumption of raw fish, specifically poke that contained limo — seaweed — as a common factor among the sick people.

Anyone who has eaten any of the recalled products and developed symptoms of Salmonella infection should seek medical attention and alert their doctor to the possible Salmonella exposure. Symptoms typically begin within 12 to 72 hours after exposure to the bacteria, according to the Hawaii health department.

Salmonella can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea that can be bloody, nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections, endocarditis and arthritis.

State officials inspected the Marine Agrifuture farm on Nov. 2 and 7, according to a news release Thursday that detailed the cease and desist order.

“During the investigation, testing was conducted on environmental, processing area, and ogo samples. Laboratory tests identified Salmonella bacteria in the packing and processing tanks and in the farm environment,” the health department reported.

Consumers, distributors, retailers and others can identify the recalled products by the following information:

“The Ogo products come in a plastic bag of various weights from 0.5 LB to 35 LB, which were sold from November 2, 2016 and prior, and the Sea Asparagus in 4 Ounce, 1 LB clear plastic clamshell or in a 5 LB of plastic bag marked with a tracking number stamped on the lids or bags, which were sold from November 8, 2016 and prior. The corresponding UPC number for 4 OZ, 1 LB, and 5 LB of sea asparagus are 897680001010, 897680001027, and 897680001041 respectively.”

Anyone who has the recalled products is urged to dispose of them or return them to the place of purchase for a refund or credit. Consumers with questions may contact the company at 808-779-2885.

For additional details on the situation, please see:
“Hawaii names farm linked to outbreak; recall details sketchy“

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Ashby’s Sterling ice cream 6th brand recalled for cookie dough

House of Flavors Inc. is recalling Ashby’s Sterling brand ice cream because it contains cookie dough that was recalled in September after Blue Bell Creameries’ internal testing found Listeria monocytogenes.

Ashby’s Sterling Peanut Butter Landslide ice cream in 3-gallon containers with the item number 7305 and lot number 16195 is the only product under recall by House of Flavors Inc. of Ludington, MI.

Ice cream shops and other retailers across the country received the recalled ice cream, which is made with peanut butter cookie dough from Aspen Hills Inc., according to the recall notice posted on the Food and Drug Administration’s website.

“Distributors and ice cream shops with product matching this lot number should dispose of the product and contact their distributor for a full refund. Anyone requiring more information should contact House of Flavors consumer affairs at 800-930-7740, Ext. 2229,” according to the recall notice.

House of flavors joins several other food companies that have recalled products from nationwide distribution this fall because of potential contamination with Listeria monocytogenes of cookie dough from Aspen Hills Inc. of Garner, IA.

Those companies include:

• Chocolate Shoppe Ice Cream Company Inc.;
• Blue Bell Creameries;
• Blue Bunny;
• Nutrisystem;
• Publix; and
• Weight Watchers.

The cookie dough company has refused to release its customer list, but in October a company spokeswoman said none of the 22,000 cases of recalled Aspen Hills cookie dough went to fund-raising customers. She said it all went to commercial food manufacturers.

Aspen Hills Inc.’s website states “daily production capacity is 180,000 lbs. of product.”

“The manufacturing facility in Garner, IA, was designed specifically for large-volume cookie dough manufacturing and boasts housing an onsite freezer capable of storing 15 semi-trailer loads of cookie dough,” according to the Aspen Hills Inc. website.

Blue Bell Creameries discovered contamination
The iconic Brenham, TX-based Blue Bell Creameries discovered Listeria monocytogenes in cookie dough from Aspen Hills Inc. during product testing at one of its production plants in September.

Aspen Hills recalled some cookie dough at that time and launched an in-house investigation. Although the cookie dough producer did not find Listeria in its products or plant, according to a statement issued in October, it did discover food safety “issues,” which spurred company officials to recall cookie dough.

The cookie dough recall notice was not made public, though, going only to the 27 food manufacturing companies that had received Aspen Hills dough produced from July 15 through Sept. 30. All ice cream produced by Aspen Hills during that period is being recalled.

Public urged to self-monitor for symptoms
No illnesses had been reported in connection to any of the recalled cookie dough of recalled products made with it, as of the posting dates of individual recalls. However, symptoms of Listeria infection can take up to 70 days after exposure to develop. Food contaminated with Listeria monocytogenes may not look, smell or taste bad.

Anyone who has eaten any of the recalled products and developed symptoms of Listeria infection should seek medical attention and inform their doctors about the possible exposure to the pathogen.

Listeria monocytogenes can cause serious and sometimes fatal infections In young children, frail or elderly people, and others with weakened immune systems. Although healthy people may suffer short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria monocytogenes infection can cause miscarriages and stillbirths among pregnant women.

For more details on the Aspen Hills cookie dough recall and other product recalls related to it, please see: “Fifth ice cream brand recalled because of cookie dough“

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Fifth ice cream brand recalled because of cookie dough Listeria

Although testing by Blue Bell Creameries in September revealed Listeria contamination and spurred recalls by Blue Bell, three other ice cream companies and a cookie dough manufacturer, a fifth ice cream company just announced a recall, saying it wasn’t notified about the problem until this past week.

“Cedar Crest was notified on Nov. 10 that the cookie dough in the referenced products, which is manufactured by Aspen Hills Inc., has the potential to be contaminated with Listeria monocytogenes,” according to the recall notice posted Friday by Cedar Crest Specialities Inc. of Cedarburg, WI.

“The affected products were distributed in retail stores throughout the Midwest. Cedar Crest Specialties is taking immediate steps to recall all affected products, as a voluntary, preventative safety measure.”

The Food and Drug Administration has been monitoring the Aspen Hills Inc. cookie dough recall, according to recall notices from the Garner, IA, cookie dough company and the other ice cream companies.

However, FDA spokespeople have reported the agency cannot publish a list of Aspen Hills corporate customers because of restrictions about “confidential corporate information.”

Cedar Crest is recalling the following flavors and sizes of ice cream. Consumers should look for the specific production code on the ice cream containers to determine if it has been recalled:

• Chocolate Chip Cookie Dough flavor in pints, 48-ounce containers and 3-gallon containers with any of the production codes 3826, 3846, 4346 or 4326;
• Monster Cookie flavor in 3-gallon containers with the production code 3826; and
• Pirate’s Bounty flavor in 48-ounce containers with the production code 4346.

“Customers who have purchased Cedar Crest Chocolate Chip Cookie Dough, Monster Cookie and/or Pirate’s Bounty flavors, bearing the affected Product Code Dates and container sizes, are urged to return it to the place of purchase for a full refund,” according to the call notice. “Questions may be directed to 888-628-0730, Monday through Friday.”

No illnesses had been reported in connection with the Cedar Crest brand ice cream as of the posting of the recall on Friday. Anyone who has eaten the recalled ice cream and developed symptoms of infection from Listeria monocytogenes should seek medical attention and inform their doctors about the possible exposure to the pathogen.

Symptoms of Listeria infection can take up to 70 days to develop after exposure. The illnesses can be serious and sometimes fatal in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

Ongoing recalls related to Aspen Hills cookie dough
Also on Friday, one of the other four ice cream companies that has recalled products containing Aspen Hills cookie dough expanded its recall.

Chocolate Shoppe Ice Cream Company Inc. of Madison, WI, originally recalled ice cream products with the cookie dough on Oct. 11. Friday’s expansion includes additional lots of several flavors and sizes.

Various ice cream shops, online outlets and grocery stores in 16 states received the lots that have been added to the recall, according to the Chocolate Shoppe recall notice on the FDA’s website.

Consumers can identify the products added to the recall by the following label information.

Chocolate Shoppe Ice Cream Co. brand in 3-gallon cartons:

• Cookie Dough flavor with date codes 10/15/17, 10/21/17, 11/1/17, 11/8/17;
• Heaps of Love flavor with date codes 10/20/17, 10/28/17, 11/8/17;
• Peanut Butter Cookie Dough flavor with date codes 10/9/17, 10/18/17, 11/1/17; and
• Sticks & Stones flavor with date code 10/26/17.

Chocolate Shoppe Ice Cream Co. brand pints:

• Cookie Dough flavor with date code 10/21/17.

The Baked Bear brand 3-gallon cartons:

• Cookie Dough flavor with date codes 10/13/17, 10/15/17, 10/21/17.

The other specific brands and flavors of ice cream under recall because of the cookie dough, as previously reported by Food Safety News, are:

Blue Bell recall — A company spokesperson declined to provide the recall notice Blue Bell received from Aspen Hills, but said “we have suspended all ingredient orders from Aspen Hills indefinitely.” For more information, consumers with questions may call 979-836-7977.

Two Blue Bell flavors in half gallon and pint containers sold to retailers are under recall: Chocolate Chip Cookie Dough and Cookie Two Step. Three Blue Bell flavors in 3-gallon containers sold to food service customers are under recall: Blue Monster, Chocolate Chip Cookie, and Krazy Kookie Dough. All of the Blue Bell recalled ice cream was produced from Feb. 2 through Sept. 7.

Both the consumer/retail and food service products produced with the cookie dough pieces were distributed by Blue Bell to the following states: Alabama, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas and Virginia.

Blue Bunny recall — Only one seasonal flavor of Blue Bunny ice cream is implicated in the recall, Hoppin’ Holidoodle, which is made with snickerdoodle cookie dough from Aspen Hills. It was distributed in six states: Nebraska, Oklahoma, Kansas, Missouri, Arizona and Texas.

The recalled, 46-ounce containers of Blue Bunny Hoppin’ Holidoodle can be identified by UPC and lot numbers as well as best-by dates. The codes to look for are:

UPC number 070640014644, LOT 60001 MM 19115 6228, BEST IF USED BY 02/13/18

UPC 070640014651, LOT 60001 MM 19115 6229, BEST IF USED BY 02/14/18

Anyone with questions about the Blue Bunny ice cream recall should telephone Wells Enterprises, Inc. consumer affairs at 1-800-331-0830.

Chocolate Shoppe Ice Cream Company Inc. recall —  The company recalled two brands of ice cream in a total of five flavors in various sizes from 25 states in October.

Unlike the other recalling companies, Chocolate Shoppe included the amount of its ice cream. It is recalling 4,183 3-gallon cartons and 5,296 pints. The company distributed its Baked Bear brand and Chocolate Shoppe brand products to ice cream shops around the country, via online outlets and to limited grocery stores.

Consumers may contact the company at 800-466-8043 or via email at info@chocolateshoppeicecream.com. Recalled ice cream flavors from the Chocolate Shoppe can be identified by the following label information.

Chocolate Shoppe branded 3-gallon cartons of:

• Cookie Dough 12/29/17, 12/19/17, 12/13/17, 12/6/17, 11/26/17 & 11/15/17
• Heaps of Love 12/29/17, 11/24/17 & 11/8/17
• Peanut Butter Cookie Dough 12/1/17 & 11/18/17
• Sticks & Stones 12/27/17, 12/2/17 & 11/10/17
• Yippee Skippee 12/1/17

Chocolate Shoppe branded pints cartons of:

• Cookie Dough 12/13/17, 12/9/17 & 11/26/17

Baked Bear branded 3-gallon cartons of:

• Cookie Dough 12/6/17, 11/26/17 & 11/15/17

Publix recall —  Only one flavor of Publix branded ice cream is implicated in the recall, Publix Premium Chocolate Chip Cookie Dough ice cream.

The recalled ice cream was sold at Publix stores in Florida, Georgia, Alabama, South Carolina, Tennessee and North Carolina. It can be identified by the UPC number of 000-41415-03843 and a sell by date of May 27 2017, which is printed on the bottom of the half-gallon containers.

Publix customers with questions can call the company at 800-242-1227.

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Schnuck recalls ready to eat butter garlic marinated grilled chicken

The O’Fallon, MO-based Schnuck Markets Inc. Saturday recalled approximately 62 pounds of ready-to-eat grilled chicken products due to undercooking, resulting in the potential survival of bacterial pathogens in the products, according to the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS).

The Butter Garlic Marinated Grilled Chicken Breast items were produced and packaged on November 8, 2016. The recall is for:

• Ready-to-eat grilled chicken containing the label of “Butter Garlic Marinated Grilled Chicken Breast” with a sell date of November 13, 2016.

The recalled chicken bear establishment number “EST. 13562” inside the USDA mark of inspection. These items were shipped to 26 Schnuck retail locations in Missouri, Illinois, and Indiana. The affected product was sold from the Deli or Chef’s Express service case and would contain a purchase date of November 9 or 10 on the label.

The problem was discovered on November 10, 2016 by an internal investigation conducted by the firm after it received a consumer complaint regarding the purchase of undercooked chicken breast.  There have been no confirmed reports of adverse health effects due to consumption of these products. Anyone concerned about a health effect should contact a healthcare provider.

Consumers who have purchased these products are urged not to consume them. These products should be thrown away or returned to the place of purchase.

FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers of the recall and that steps are taken to make certain that the product is no longer available to consumers. When available, the retail distribution list(s) will be posted on the FSIS website

The 97-store grocery chain has outlets in five midwestern states.

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