By: LINDSEY O’NEILL, ESQ.
The Food and Drug Administration issued several warnings recently about a salmonellosis outbreak has linked to consumption of certain raw red plum, red Roma, and red round tomatoes, and products containing these raw, red tomatoes. Don’t panic and stop buying tomatoes without learning more. The FDA published a list of states and countries where tomatoes are grown and harvested which have not been associated with this outbreak – tomatoes from places on this list are NOT associated with the outbreak.
The FDA works with CFSAN (the Center for Food Safety and Applied Nutrition) to help keep produce safe for consumption. However, it can be difficult to eliminate problems with fresh produce given that it is grown in a natural environment where contamination can occur. With the recent spinach recalls due to E Coli, another produce recall is somewhat sensitive for the public. David Acheson, M.D., director of food safety and security in the CFSAN assured the public that “[i]n this case, the FDA mounted a collaborative effort with public health authorities throughout the country to identify the source of the problem and prevent its spread.”
FDA protocol on produce safety with regard to tomatoes includes the following process: (i) Detecting an Outbreak; (ii) Alerting the Public; (iii) a Trace-Back Investigation; (iv) a Break in the Case; (v) Possible Routes of Contamination; (vi) History of Outbreaks in the Salinas Valley; (vii) Industry and FDA Action; and (viii) a Produce Safety Plan.
In addition to steps taken by the government agencies to keep produce safe, the FDA published the following tips for reducing the risk of foodborne illnesses from fresh produce:
1. Buying: Purchase produce that is not bruised or damaged. Bad produce separately from other groceries.
2. Storage: Certain produce should be kept refrigerated including strawberries, lettuce, herbs, mushrooms, and other perishable fruits and vegetables. You can always ask your grocer if a particular item should be refrigerated if you’re not sure.
3. Preparation: While items marked as “pre-washed” and bagged can be used without further washing. you can certainly wash it again for further precaution. Other produce should be thoroughly washed with running water and manicured before cutting, cooking or eating.
Scrub firm produce, such as melons and cucumbers, with a clean produce brush.
4. Separation: Keep fruits and vegetables that will be eaten raw separate from other foods, such as raw meat, poultry, or seafood, and from kitchen utensils used for those products. Also, areas and surfaces used for preparing meats should be washed with soap and hot water before using for vegetables – such as cutting boards, dishes, utensils, and countertops.
For more information on produce safety, visit: FDA CFSAN and www.foodsafety.gov.







Lindsey O'Neill is the Director of Legal Content and Strategic Development at LawInfo.com. Ms. O'Neill is a California licensed attorney based in La Jolla and experienced in a wide variety of legal and business matters.
The FDA and commercial farmers need to be quite aware of the legal issues surrounding these matters. People getting sick and dying are worst case reactions, but not entirely out of the ordinary. The FDA needs to take a serious look at these massive farms that can send millions of tomatoes, ears or corn, sides of beef or whatever to market and risk the health and lives of millions of Americans.
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