Time for FDA to Target Troubled Egg Producer

On the heels of this summer’s massive egg recall, another recall was announced yesterday covering almost 300,000 eggs contaminated with salmonella. The eggs were recalled by Cal-Maine Foods Inc., a distributor, but were actually supplied by Ohio Fresh Eggs. No illnesses have been linked to the current recall.

Ohio Fresh Eggs has ties to Jack DeCoster, the owner of Wright County Eggs, which was one of two facilities implicated in this year’s major salmonella outbreak that sickened more than 1,600 people and led to the recall of more than 500 million eggs. Less than a month ago, the Food and Drug Administration (FDA) sent a stern warning letter to Wright County that details the farms various lapses in sanitation and good judgment.

“How any DeCoster operation remains in business is a mystery to me," food safety attorney told the Los Angeles Times. That’s an understandable sentiment. While we have been awaiting food safety reform legislation pending in the Senate, it’s easy to forget that FDA does currently possess some regulatory authority. Threatening “regulatory action” against Wright County Eggs is good, but it’s not enough. DeCoster is a known scofflaw – a frequent violator of not just food safety standards but environmental standards and worker rights as well.

It’s not always clear how the FDA prioritizes its enforcement activities, but I hope the agency is exploring all available methods to strengthen oversight of facilities with ties to DeCoster. (Businesses have a responsibility here too; they need to be exhibiting a lot more caution when buying DeCoster eggs.)

The Occupational Safety and Health Administration has a useful model for chronic violators. In April, the agency created its Severe Violator Enforcement Program. The program targets serious and repeat violators, triggering additional inspections and higher fines. But OSHA doesn’t limit itself to only those worksites where it discovers violations; the program calls for “increased OSHA inspections […] of other worksites of the same employer where similar hazards and deficiencies may be present.”

It’s a common sense approach. Regulators can’t inspect every worksite or facility in the country, so why not focus on the troublemakers?

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