Minnesota Waterfowl Test Negative for HPAI

Written by Tyler R. Etter

Minnesota’s Department of Natural Resources has conducted more than 750 tests on ducks killed by
hunters this season. So far, none of the tests have returned a positive result for Highly Pathogenic Avian
Influenza.

Infected waterfowl could be an early warning for the return of the disease. The current belief is that wild
ducks are the primary carriers of the virus. Although the wild population generally faces no impact, the
past outbreak this spring has shown the devastation that can occur within domestic poultry populations,
with Minnesota and Iowa being the hardest hit states.

The current results might seem promising on the surface, but research manager Lou Cornicelli is
reluctant to draw a conclusion based on the results. He believes that there could be a number of
explanations, including sampling issues, time frame within the season, or the possibility that ducks are
not the primary carrier as currently thought.

The department plans to collect at least another 200 samples to get data on late-migrating populations.

First Cucumber Salmonella Lawsuit Filed

Written by Katharine Richter  

On September 7, 2015, the first lawsuit related to a Salmonella outbreak that occurred due to tainted cucumbers distributed by Andrew & Williamson Fresh Produce Inc. was filed by Marler Clark law firm on behalf of Kathleen Dvergsten in the Minnesota United States District Court.

Kathleen Dvergsten of Minnesota allegedly contracted Salmonella after eating a contaminated salad at a Red Lobster on August 11, 2015.  According to filed complaint, the plaintiff was hospitalized from August 14 to August 20, where she was treated for Salmonella.  According to Marler Clark law firm press release, “285 people from 27 states [became] ill from eating Mexican-grown cucumbers imported by California company [Andrew & Williamson].”

The causes of action being brought against Andrew & Williamson Fresh Produce Inc. are strict liability, breach of warranty, negligence, and negligence per se.

Law Passed in Minnesota Requiring Riparian Buffers on all Designated Public Waterways

  On June 13, 2015, Governor Mark Dayton of Minnesota signed all special session bills passed by the legislature, including the Agriculture, Environment, and Natural Resources Finance Bill (SF 5).  Section 79 (see pg. 138) of the bill mandates all designated public waterways to have riparian buffers to protect water resources.

  Under the new law, buffers for designated public waterways are required to be on average 50-foot width, with a 30-foot minimum.  The implementation of buffers on designated public waterways must be completed by November 2017 and public ditches, which must have 16½-foot buffers, completed by November 2018.  The obligation to determine which streams, headwaters, and ditches require buffers will fall on the state’s 90 county soil and water conservation districts.

   According to a document on the Minnesota Governor’s website, this legislation was one of Dayton’s top priorities and will help to protect Minnesota’s water resources.  The Bill has received criticism from environmental groups.  Environmentalists are stating the law has not gone far enough to protect public water ways.  Steve Morse, Executive Director of Minnesota Environmental Partnership, stated, “We in the environmental community are extremely disappointed in the revised bill released by Legislature today … With the exception of a modest improvement on water quality with more enforcement of vegetative buffers, this bill is absolutely a step backwards for Minnesota’s environment.”  

Written by Katharine Richter - Research Assistant

June 16, 2015