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Hallmark/Westland Beef Recall

The USDA’s Food Safety and Inspection Service has announced the voluntary recall of more than 140 million pounds of raw and frozen beef from the Hallmark/Westland Meat Packing Co. of Chino, California. The recall comes as a response to allegations of Westland inhumanely treating cattle and failing to have cattle inspected thoroughly and correctly.

The allegations stem from over two years of Westland failing to have FSIS public health veterinarians inspect cattle that became non-ambulatory after ante-mortem inspection. This is in direct conflict with the FSIS rule of “Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle” which was issued in July 2007.

According to the FSIS recall statement:

Some of the Westland Meat Co. branded products were purchased for Federal food and nutrition programs and, since Jan. 30, 2008, USDA has had an administrative hold on all products from Westland Meat Co. in all of these outlets including, in the National School Lunch Program, the Emergency Food Assistance Program and the Food Assistance Program on Indian Reservations. Based on this Class II recall, officials of the Food and Nutrition Service and Agricultural Marketing Service will work closely with State food and nutrition officials to minimize any disruptions caused by the removal and disposal of recalled Westland Meat Co. products.

Westland shut down operations on February 1 and FSIS issued a Notice of Suspension three days later after investigating the plant after receiving allegations of violations. The practices at Westland directly violated the Humane Methods of Slaughter Act.

According to a Q&A release from the FSIS:

The Hallmark/Westland Meat Packing Company must first respond to the Notice of Suspension and submit a corrective action plan to address its failure to properly implement the Humane Methods of Slaughter Act and FSIS regulations. FSIS must first verify that the plan they submit fully and completely addresses the findings in the Notice of Suspension to ensure the humane handling and slaughter of animals at the facility.

FSIS is continuing to investigate the plant and the company has yet to take any actions to prevent future violations. The USDA has also expressed intent to reimburse state governments for Westland products received from federal food programs. The USDA is also ending contractual agreements with Westland and will be looking to replace all products that are removed from the food supply. Any of the recalled Westland products must be destroyed according to government guidelines.

Concern over the recalled beef products centers around risks of spreading Bovine Spongiform Encephalopathy (BSE) into the nation’s food supply. However, according to FSIS, the risk of BSE in the Westland meat is:

Negligible. The federal government has an interlocking system of controls to protect the food supply and to prevent animals with signs of central nervous system disorders from entering the food chain. All cattle at the Hallmark/Westland Meat Packing Company passed ante-mortem inspection before slaughter.
FSIS also maintains that the health risk is negligible to children who may have consumed Westland products through the School Lunch Program. Westland products were also distributed to African nations such as the Ivory Coast and Angola. The USDA does not believe international trade will be affected due to strict standards that are more thorough than those advised by the World Organization for Animal Health.

A list of specific products being recalled can be found at: http://www.fsis.usda.gov/PDF/Recall_005-2008_Release.pdf

Contact information about which schools received Westland products can be found at:
http://www.usda.gov/actions

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Food Poisoning Lawyer Fred Pritzker has appeared on national television and has been quoted by national publications, including The New York Times, The Wall Street Journal, Associated Press and Lawyers USA. He has been named a "Super Lawyer" by Law and Politics magazine. He is also listed in the current edition of The Best Lawyers in America. To contact Fred Pritzker about a food poisoning lawsuit or food safety advocacy, please call 1-888-377-8900 (toll free) or submit the firm's free consultation form.

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