California Bill Restricts Antibiotics

Written by Stephen Kenney

On Saturday, October 10, Governor Jerry Brown of California signed legislation that will restrict the use of antibiotics in livestock.  The bill will go in effect on January 1, 2018.  The bill’s goal is to curb the use of antibiotics in livestock so that the antibiotics are not consumed by humans.

The U.S. Centers for Disease Control and Prevention believe that antibiotic resistance is a major problem.  It estimates that 2 million people in this country are infected with drug resistant bacteria each year and that 23,000 die as a direct result.  Governor Brown hearkened to CDC’s findings in his signing statement.  "The science is clear that the overuse of antibiotics in livestock has contributed to the spread of antibiotic resistance and the undermining of life-saving advances in medicine," Governor Brown said.  McDonald’s, Tyson and Foster Farms are among the food retailers that have voluntarily agreed to stop obtaining meat from animals that had received antibiotics

The bill still allows for veterinary use of antibiotics.  The regular use of antibiotics for disease prevention is restricted by the bill and the use of antibiotics to fatten up livestock is prohibited.  The bill also restricts access to antibiotics.  It aims to stop the over-the-counter sale of antibiotics for livestock use as well.  Antibiotics would have to be ordered by a licensed veterinarian to ensure that the drugs will be used for a medical purpose.  California’s Department of Food and Agriculture will be required to monitor antibiotic sales and use.

The California Cattleman’s’ Association has expressed concerns that the legislation will restrict access to antibiotics for ranchers, particularly those in rural regions.  The group ultimately agreed to remain neutral towards the bill after two years of negotiating.  

Jail Times for Egg Crimes

Written by Stephen Kenney
On June 3, 2014, Austin “Jack” DeCoster and Peter DeCoster pled guilty in Federal Court to their connection with the “distribution of adulterated eggs in interstate commerce.”  The father and son officially pled guilty to one count of bribery of a public official, one count of introducing a misbranded food into interstate commerce with intent to defraud, and one count of introducing adulterated food into interstate commerce.  They were charged after it was found that a nationwide Salmonella outbreak was linked to their Iowa based company, Quality Egg LLC.  The U.S. Centers for Disease Control and Prevention (CDC) estimated that nearly 2,000 people were sickened by the outbreak that was linked to the company’s eggs. They were sentenced three months in jail and one year of supervised probation along with fines.

The government’s memorandum regarding sentencing noted that Quality Egg had disregarded safety standards and practices for years and had misled major customers, including Walmart, about the LLC’s food safety practices.  On April 13, 2015, U.S. District Court Judge Mark W. Bennett sentenced the father and son to three months in prison and one year of probation. 

The family and LLC paid $7 million in fines in April, but are appealing the prison sentence.  The appeal will be heard by the Eighth Circuit U.S. Court of Appeals in St. Louis.  The Department of Justice filed a 60 pagebrief on September 18, 2015, in support of the prison sentences.  The brief states that Quality Egg was “producing SE positive eggs” at a rate of contamination “approximately 39 times higher than the current national incidence rate.”  The barn facilities were also found to be extremely contaminated with “63 percent of the wash water, feed samples, feed ingredients and pullet houses showing widespread SE contamination.” 

The DeCosters argue that incarceration would be unconstitutional because neither man had any knowledge of the violations.  They argue that the sentences would be based on “strict liability” which would violate the Due Process Clause and the Eighth Amendment of the Constitution.  The Eighth Amendment prohibits the government from imposing cruel and unusual punishments. 

CDC Publishes Report on Infection Risk of H5 Avian Influenza

On July 24, 2015, the Center for Disease Control (CDC) published a report on the risk of human infection posed by exposure to birds with Highly Pathogenic Avian Influenza (HPAI) H5 viruses.

Human infection with avian influenza, although rare, has occurred. The most prominent strains that have occurred in humans are the HPAI strain H5N1 and the low pathogenic avian influenza strain H7N9. H5N1 has been detected in humans in several countries, while H7N9 has occurred mostly within China. When infection occurs, the disease is considered to be severe for these strains. The strains the CDC studied in the report are new strains of the virus found in the United States.

The study focused on exposure during the time-frame of December 2014 to March 2015, where a total of 60 outbreaks of HPAI H5 viruses occurred across 13 states. During this time, a total of 164 people were exposed to infected birds. Of these 164 people 5 developed acute respiratory infections within 10 days of exposure, but HPAI H5 viruses were not detected in any individual. The CDC believes this suggests “the risk of virus transmission to humans appears to be low…” but individuals should remain vigilant when responding to an outbreak.

The severity of infection of these US strains of HPAI is currently unknown, but the CDC states that the strains should be considered to cause potentially severe or fatal illnesses until proven otherwise. The CDC urges individuals to avoid unprotected contact with infected birds, and those exposed to infected birds should be tested for infection in the event that respiratory symptoms develop.

Written by Tyler R. Etter- Research Assistant
August 5, 2015