Part 2: E. coli O157:H7 Just One Among Many Shiga Toxin-Making Bacteria
Part 3: Shiga Travels To Kidney. Commits Lethal Deed.
On October 5, 2009, the law firm of Marler Clark LLP, PS, submitted a Petition to the USDA "requesting the administrator of the Food Safety and Inspection Service (FSIS) to issue an interpretive rule declaring all enterohemorrhagic Shiga toxin-producing serotypes of Escherichia coli, including non-O157 serotypes, to be adulterants:"
Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli (E. coli), Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1)
On December 14, 2009, Marler Clark submitted their First Notice requesting an update.
On January 11, 2010, Marler Clark submitted their Second Notice requesting an update.
On January 28, 2010 - Marler Clark submitted their Third and Final Notice requesting an update, stating:
"If, on that date [March 1, 2010], I have not heard from the agency, I will file a lawsuit against the agency for failure to meet its duty under federal law."That's 16 days away, almost 5 months from the date Marler Clark submitted their Petition. More importantly, it's over 15 years from the date the USDA/FSIS began to act proactively by declaring just one shiga toxin-making bacteria - E. coli O157:H7 - to be an adulterant.
Fifteen years is a long time for an agency, FSIS, whose primary mission is food safety, to drop the other shoe and declare not just one, but all disease-producing, shiga-making E. coli to be substances that should not appear in our food.
Update: FSIS response from February 5:
"Based on the information provided in your petition, we have determined that it qualifies for expedited review."