Prosecutors Of Quality Egg Salmonella Case To Poll Victims During Sentencing

By Laurel Maloy, contributing writer, Food Online

Nearly 2,000 victims have been asked to make an appearance or submit a written statement during the sentencing of Quality Egg and its owners

In a case that first became public back in 2010, Quality Egg owners, Austin “Jack” DeCoster and Peter DeCoster have pleaded guilty, as part of a plea agreement, to distributing adulterated eggs in interstate commerce. The company also pleaded guilty to bribery and introducing misbranded food. Sentencing is about to begin and, as allowed by law, the guilty can be confronted by their victims.

Prosecutors are asking all of the victims to come forward and share their stories during the sentencing phase. In this instance, 1,939 people were sickened and/or hospitalized. The offenders face up to only one year in jail. However, the fines and restitution for almost 2000 victims could be quite substantial. The fines alone will amount to more than 6.8 million dollars.

Looking back at the case:

• Aug 13, 2010, Wright County Egg issues a voluntary recall of eggs distributed to companies in CA, IL, MO, CO, NE, MN, WI, and IA; these companies distribute to retailers nationwide. Trace-back investigations, based on confirmed cases of Salmonella enteritidis, discovers shell eggs were the source
• Aug 18, 2010, Wright County Egg expands its recall, adding distributors in the states of AR, AZ, GA, NV, OK, OR, TX, UT, and WA. These companies also distribute nationwide
• Aug 20, 2010, Hillandale Farms of Iowa issues a nationwide recall of shell eggs distributed in 14 states: AR, CA, IA, IL, IN, KS, MN, MO, NE, ND, OH, SD, and WI 

The entire recall affected more than a half billion eggs, though most had already been used and consumed by food service companies and consumers. The DeCosters admitted to perpetrating their illegal practices from not later than Jan 2006, though the first widespread cases of Salmonella enteritidis did not occur until May 2010.

In late 2011, Centrum Valley Farms, a long-term and highly-regarded IA egg producer, acquired the troubled Quality Egg via a long-term lease. In April and May of 2012, FDA inspectors discovered Salmonella Heidelberg in two of the company’s six facilities, prompting a warning letter from the FDA. Centrum quickly issued a public statement, explaining that bacteria in the poultry houses do not necessarily mean contaminated eggs. Eggs were tested randomly from the affected houses, with negative results, the outcome being that the FDA ultimately approved shipment. However, the FDA, in another warning letter, highlighted the importance of putting a plan in place to reduce Salmonella Heidelberg, which can be transmitted “via the trans-ovarian route, similar to Salmonella enteritidis.” Salmonella Heidelberg, though most often associated with raw meats, contamination occurring during the slaughtering process, can also be transmitted through shell eggs. This antibiotic-resistant form of Salmonella is also the subject of the most recent recall by Foster Farms.

Will hearing the victims’ stories affect sentencing? We can only hope. Prevention of foodborne illnesses is the focus of FSMA. Plant operators with skewed priorities — putting profit above public safety — are an on-going problem FSMA is addressing through prevention and regulation. These are the operators that give the rest in the food industry a bad name and the reason consumer trust has declined so drastically. Hearing the victims speak about their illnesses should result in more empathy and may, in fact, encourage more transparency within the food supply chain. This is what consumers want and food producers should strive to attain.