I have said this too many times. In the 1990’s ninety percent of the work I did were E. coli O157:H7 cases linked to hamburger. However, due to the collaboration between regulators (deeming E. coli O157:H7 and adulterant), the beef industry (interventions and implementing “test and hold” and the restaurant… Continue Reading Opinion & Contributed Articles, E. coli, ground beef, Hamburger, USDA Food Safety News
I have said this too many times. In the 1990’s ninety percent of the work I did were E. coli O157:H7 cases linked to hamburger. However, due to the collaboration between regulators (deeming E. coli O157:H7 and adulterant), the beef industry (interventions and implementing “test and hold” and the restaurant industry (following the Food Code of at least 155 F internal temperature), E. coli cases linked to ground been have become a “rare” occurrence – and, that has been a good thing.
It is because of the above that the below is such a needless tragedy.
A cluster of E. coli O157:H7 was investigated by the Montana Department of Public Health and Human Services, the Montana Department of Livestock, and Flathead County Health Department, along with the Centers for Disease Control and Prevention (CDC) in the summer of 2024. This outbreak was assigned the CDC outbreak code 2407MTEXH-1. The investigation revealed reason to believe that ground beef product from Lower Valley Processing (LVP) entered commerce while adulterated with Escherichia coli O157:H7.
In total, 22 cases were identified in this outbreak from 10 states (AZ, CA, FL, ID, MN, MO, MS, MT, OR, and VA). Known dates of specimen collection ranged from July 5 to July 20, 2024. Known onset dates ranged from July 4 to July 11, 2024. Known ages ranged from 5 to 88 years (median 24.5). For cases with information, 7 males and 8 females were identified. Six hospitalizations, three cases of HUS, and one death were reported.
All specimen isolates were found to be nearly indistinguishable by cgMLST analysis (0-1 alleles different), indicating a common source of infection. All isolates were found to have the same allele code: EC1.0 ‐ 9.1.3.70x and were positive for Shiga toxin 2 (a and c). Several of these individuals were linked to the Fathead County area. Cases reported exposures to Wagyu beef burgers from the following locations: Gunsight Saloon (n=5), Harbor Grill (n=2), Tamarack (n=3), Hopps (n=2), and Whitefish Lodge (n=1). One case from Oregon did not share restaurant information with investigators.
The investigation established an epidemiological connection between the affected individuals and Wagyu beef hamburger patties processed at Lower Valley Processing (LVP) and labeled as Lot 1400. Public health officials confirmed that the patties came from producer Range/Lazy K Ranch. They also discovered that this producer sells to retailer Flathead Fish & Seafood Co. in Kalispell, and that the retailer was in possession of product from Lot 1400. Two other facilities also received Lot 1400 Wagyu beef: Flathead Lake Lodge, Crawdad Café (Lake Co).
On July 18, the Montana Department of Livestock was notified of this outbreak. On the same day, Department of Livestock staff obtained an unopened box of LVP-produced Range Wagyu beef patties labeled as Lot 1400 from Flathead Fish & Seafood Co. and transported it to the Montana Public Health Laboratory in Helena for testing. On July 23, preliminary PCR testing detected the presence of E. coli O157:H7 in the product, and confirmatory culture testing, initiated on July 25, confirmed E. coli O157:H7 in the sample. Four other boxes of Range Wagyu beef patties labeled as Lot 1400 were obtained from two other Flathead County restaurants, and they returned preliminary positive PCR results for E. coli O157:H7.
LVP records establish that the animals for the Range Wagyu beef patties labeled as Lot 1400 were slaughtered on June 5, 2024. Records also establish that other beef cattle, sheep, and pigs were slaughtered at LVP on the same day. Department of Livestock staff initiated a Food Safety Assessment of LVP on July 22, 2024 pursuant to this investigation. Observations from that Food Safety Assessment revealed the following potential sources of contamination:
- LVP staff were observed using a cold-water wash to remove contamination instead of trimming.
- LVP staff were also observed spraying the floor to remove blood, dirt, and other contaminants while carcasses were still hanging, allowing the contaminated water to contact the carcass and clean hooks that would be used for carcasses.
- The facility utilizes a two-part final wash step, allowing contamination of the upper portion of the carcass to collect on the hide and lower portion of the carcass.
- The splitting saw was not cleaned between carcasses, allowing for fat and blood to cross contaminate other carcasses.
- The carcass is not split and eviscerated until after final wash.
As a result, LVP (Establishment No. 007) was recommended to recall of the following products: All animal Raw Product – Non-Intact and Raw Product – Intact intended for non-intact consumer use that were produced from animals slaughtered at Lower Valley Processing on June 5, 2024. This included but was not limited to products labeled as Lots 1398, 1399, and 1400. Products affected by this recall recommendation were known to have been delivered to Crary Beef LLC, a licensed meat depot in Teton County, Montana.
In 1994, in response to an E. coli outbreak linked to ground beef sold at Jack in the Box restaurants, FSIS established an E. coli sampling program which treated E. coli as an adulterant. Shortly thereafter, in the case Texas Food Industry Association v. Espy, 870 F. Supp. 143 (W.D. Tex. 1994), supermarkets and meat industry organizations challenged FSIS’s authority to establish the sampling program. The plaintiffs argued FSIS did not have the authority to treat E. coli as an adulterant under the FMIA because E. coli contaminated ground beef “is only injurious to health if improperly cooked.” The court disagreed and found that “in light of common cooking practices of most Americans, there is at least a rational basis for treating E. coli differently than other pathogens” and that “many Americans consider ground beef to be properly cooked rare, medium rare, or medium.” However, E. coli in ground beef is usually only killed off when cooked medium-well to well done. Ultimately, the court held that because E. coli “is a substance that renders ‘injurious to health’ what many Americans believe to be properly cooked ground beef” E. coli in ground beef “fits the definition of an adulterant under the FMIA.”
In Flathead County, Montana, the requirements for cooking hamburgers in restaurants are primarily based on the guidelines set forth by the Montana Department of Public Health and Human Services (DPHHS) and the FDA Food Code. Here are the key requirements related to cooking hamburgers in a restaurant setting:
- Minimum Internal Temperature: Ground beef, including hamburgers, must be cooked to a minimum internal temperature of 155°F (68°C). This temperature is critical for ensuring that harmful bacteria, such as E. coliand Salmonella, are effectively killed.
- Food Thermometers: It is essential for food establishment staff to use food thermometers to accurately check the internal temperature of hamburger patties. This ensures that the meat has reached the necessary temperature for safe consumption.
- Consistency and Monitoring: Restaurants should have procedures in place to consistently monitor and document cooking temperatures to ensure compliance with food safety standards.
- Rest Period: While not explicitly required, allowing cooked hamburgers to rest briefly after cooking can help enhance food safety by allowing residual heat to further kill any remaining pathogens.
- Training and Compliance: Food service employees should be trained in food safety practices, including proper cooking temperatures, to ensure compliance with health regulations.
Thus, available evidence indicates that an adulterated product entered commerce from LVP’s facility. The confirmed existence of E. coli O157:H7 in an unopened sample of the product that was not prepared in a restaurant, along with the genetic linking of the same E. coli to more than one area restaurant led public health officials to conclude that the source of the E. coli outbreak was likely beef provided by Range with the ground beef product produced at LVP and then undercooked a restaurants. As of September 9, this outbreak investigation was closed.
