Ever notice it's always a "voluntary recall"

[techs]

http://www.reuters.com/article.../idUSN2833527820090628

UPDATE 1-U.S. beef recall expanded, 18 illnesses suspected

CHICAGO, June 28 (Reuters) - A Colorado meat company is expanding a recall of beef due to possible contamination by E.coli O157:H7 bacteria after an investigation found 18 illnesses may be linked to the meat, the company and the U.S. Agriculture Department said on Sunday.

Greeley, Colorado-based JBS-Swift Beef Co is voluntarily expanding its June 24 recall to include about 380,000 lbs of assorted beef products, for a total recall of about 421,000 lbs, USDA and the company said


Is my understanding correct that the FDA cannot recall food products on its own and requires a 'voluntary recall"?


EDIT: I found it:

http://vm.cfsan.fda.gov/~lrd/recall2.html

The headlines are wrong in indicating that the Agency can "order" these recalls. The Federal Food, Drug, and Cosmetic Act, (the law) does not generally authorize FDA to "order" a manufacturer to recall a food, cosmetic or supplement. The agency may request a product recall if the firm is not willing to remove dangerous products from the market without FDA's written request. Only when a medical device, human tissue products, and infant formula pose a risk to human health; that the law specifically authorizes FDA to prescribe a recall and to rule on the scope and extent of the same

 

[IamDavid]

The key to the article is where it says : "However, it said some of the beef may have been processed into ground products by other companies."... Once it turns into ground product the recall can grow exponentially.

 

[techs]

Originally posted by: IamDavid
The key to the article is where it says : "However, it said some of the beef may have been processed into ground products by other companies."... Once it turns into ground product the recall can grow exponentially.

Uh, did you read the post? What recall? They can't order a recall.

 

[minendo]

The FDA does not have jurisdiction in this case. It is the USDA's jurisdiction. Companies voluntarily recall product beyond what is known to be tainted. However, being a class I recall the USDA identified to JBS Swift what product they recommended be recalled. Even though these recalls are voluntary a company is not going to not recall identified product by the FDA and/or USDA.

For example, Nestle voluntarily recalled all of its refrigerated cookie dough back to March production (I think it was March) even though the particular production facility causing the outbreak was identified. The refrigerated cookie dough is produced at multiple facilities in the United States.

 

[techs]

Originally posted by: minendo
The FDA does not have jurisdiction in this case. It is the USDA's jurisdiction. Companies voluntarily recall product beyond what is known to be tainted. However, being a class I recall the USDA identified to JBS Swift what product they recommended be recalled. Even though these recalls are voluntary a company is not going to not recall identified product by the FDA and/or USDA.

For example, Nestle voluntarily recalled all of its refrigerated cookie dough back to March production (I think it was March) even though the particular production facility causing the outbreak was identified. The refrigerated cookie dough is produced at multiple facilities in the United States.

So both the USDA and the FDA can't recall dangerous foods?
I feel better already.
I wonder how the food companies got that law passed?

 

[minendo]

Originally posted by: techs

Originally posted by: minendo
The FDA does not have jurisdiction in this case. It is the USDA's jurisdiction. Companies voluntarily recall product beyond what is known to be tainted. However, being a class I recall the USDA identified to JBS Swift what product they recommended be recalled. Even though these recalls are voluntary a company is not going to not recall identified product by the FDA and/or USDA.

For example, Nestle voluntarily recalled all of its refrigerated cookie dough back to March production (I think it was March) even though the particular production facility causing the outbreak was identified. The refrigerated cookie dough is produced at multiple facilities in the United States.

So both the USDA and the FDA can't recall dangerous foods?
I feel better already.
I wonder how the food companies got that law passed?

Recalls can not be ordered in most cases. Only recommended. However, per law facilities can be shut down, fined, etc. Show me one case me a recommended recall was not executed by a processing plant in the food industry (Class I Recall) and I will change my views on how the law is written.

 

[IamDavid]

Originally posted by: techs

Originally posted by: IamDavid
The key to the article is where it says : "However, it said some of the beef may have been processed into ground products by other companies."... Once it turns into ground product the recall can grow exponentially.

Uh, did you read the post? What recall? They can't order a recall.

They may not have the authority to do so but no company in there right mind would deny a request for one.
This is what I do for a living. I know how it works.

 

[techs]

Originally posted by: minendo

Originally posted by: techs

Originally posted by: minendo
The FDA does not have jurisdiction in this case. It is the USDA's jurisdiction. Companies voluntarily recall product beyond what is known to be tainted. However, being a class I recall the USDA identified to JBS Swift what product they recommended be recalled. Even though these recalls are voluntary a company is not going to not recall identified product by the FDA and/or USDA.

For example, Nestle voluntarily recalled all of its refrigerated cookie dough back to March production (I think it was March) even though the particular production facility causing the outbreak was identified. The refrigerated cookie dough is produced at multiple facilities in the United States.

So both the USDA and the FDA can't recall dangerous foods?
I feel better already.
I wonder how the food companies got that law passed?

Recalls can not be ordered in most cases. Only recommended. However, per law facilities can be shut down, fined, etc. Show me one case me a recommended recall was not executed by a processing plant in the food industry (Class I Recall) and I will change my views on how the law is written.

Yeah, the recent peanut problem. IIRC, and I'm certain I do, the FDA or USDA had to wait while they 'negotiated' with the company to order a recall.

 

[minendo]

Originally posted by: techs

Originally posted by: minendo

Originally posted by: techs

Originally posted by: minendo
The FDA does not have jurisdiction in this case. It is the USDA's jurisdiction. Companies voluntarily recall product beyond what is known to be tainted. However, being a class I recall the USDA identified to JBS Swift what product they recommended be recalled. Even though these recalls are voluntary a company is not going to not recall identified product by the FDA and/or USDA.

For example, Nestle voluntarily recalled all of its refrigerated cookie dough back to March production (I think it was March) even though the particular production facility causing the outbreak was identified. The refrigerated cookie dough is produced at multiple facilities in the United States.

So both the USDA and the FDA can't recall dangerous foods?
I feel better already.
I wonder how the food companies got that law passed?

Recalls can not be ordered in most cases. Only recommended. However, per law facilities can be shut down, fined, etc. Show me one case me a recommended recall was not executed by a processing plant in the food industry (Class I Recall) and I will change my views on how the law is written.

Yeah, the recent peanut problem. IIRC, and I'm certain I do, the FDA or USDA had to wait while they 'negotiated' with the company to order a recall.

Once again the PCA issue is an outlier. The CEO knowingly sent contaminated product to the marketplace even though he had testing to prove otherwise. When the FDA stepped in and recommended that his products be recalled because they were a potential cause of illness he was able to provide paperwork (microbiological testing results) showing otherwise.

 

[techs]

Originally posted by: minendo

Originally posted by: techs

Originally posted by: minendo

Originally posted by: techs

Originally posted by: minendo
The FDA does not have jurisdiction in this case. It is the USDA's jurisdiction. Companies voluntarily recall product beyond what is known to be tainted. However, being a class I recall the USDA identified to JBS Swift what product they recommended be recalled. Even though these recalls are voluntary a company is not going to not recall identified product by the FDA and/or USDA.

For example, Nestle voluntarily recalled all of its refrigerated cookie dough back to March production (I think it was March) even though the particular production facility causing the outbreak was identified. The refrigerated cookie dough is produced at multiple facilities in the United States.

So both the USDA and the FDA can't recall dangerous foods?
I feel better already.
I wonder how the food companies got that law passed?

Recalls can not be ordered in most cases. Only recommended. However, per law facilities can be shut down, fined, etc. Show me one case me a recommended recall was not executed by a processing plant in the food industry (Class I Recall) and I will change my views on how the law is written.

Yeah, the recent peanut problem. IIRC, and I'm certain I do, the FDA or USDA had to wait while they 'negotiated' with the company to order a recall.

Once again the PCA issue is an outlier. The CEO knowingly sent contaminated product to the marketplace even though he had testing to prove otherwise. When the FDA stepped in and recommended that his products be recalled because they were a potential cause of illness he was able to provide paperwork (microbiological testing results) showing otherwise.

And that's the problem.

 

[minendo]

Originally posted by: techs

And that's the problem.

The CEO of PCA is not indicative of the food industry as a whole.

 

[techs]

Originally posted by: minendo

Originally posted by: techs

And that's the problem.

The CEO of PCA is not indicative of the food industry as a whole.

You can now vote in the poll:


http://forums.anandtech.com/me...=2314547&enterthread=y

 

[JSt0rm]

Are we just hyper sensitive right now or has there been a tons more food related problems in the last year?

 

[tk149]

Originally posted by: minendo

Originally posted by: techs

Originally posted by: minendo
The FDA does not have jurisdiction in this case. It is the USDA's jurisdiction. Companies voluntarily recall product beyond what is known to be tainted. However, being a class I recall the USDA identified to JBS Swift what product they recommended be recalled. Even though these recalls are voluntary a company is not going to not recall identified product by the FDA and/or USDA.

For example, Nestle voluntarily recalled all of its refrigerated cookie dough back to March production (I think it was March) even though the particular production facility causing the outbreak was identified. The refrigerated cookie dough is produced at multiple facilities in the United States.

So both the USDA and the FDA can't recall dangerous foods?
I feel better already.
I wonder how the food companies got that law passed?

Recalls can not be ordered in most cases. Only recommended. However, per law facilities can be shut down, fined, etc. Show me one case me a recommended recall was not executed by a processing plant in the food industry (Class I Recall) and I will change my views on how the law is written.

I work for an FDA-regulated facility (GMP for drugs). Yes, they can shut us down. You do NOT want to piss off the FDA.

 

[RyanPaulShaffer]

If the cost of a recall (X) is less than the cost of lawsuits from said problem (Y), then the company will do a recall.

I might have gotten that line a little mixed up...it's been a while, but you get the point. 😉