The investigation into an outbreak of E. coli O26 illnesses that may be related to Chipotle restaurants in Washington and Oregon has grown from 19 reported Washington cases to 25 as of today. The Washington State Department of Health continues working closely with local, state, and federal partners on a disease investigation to learn the extent of the outbreak and possible sources of E. coli O26 bacteria.

In Washington, residents of Clark (11), Cowlitz (2), Island (2), King (6), and Skagit (4) counties have been reported as outbreak cases. Of the 25 cases, 23 reported having been at Chipotle restaurants before getting sick. Nine of the Washington residents were hospitalized. Cases range in age from five-to-60.  The Washington Department of Health said there are five Washington restaurants associated with this outbreak: Hazel Dell, 7715 NE 5thAvenue, Suite 109, in Vancouver; 1404 Broadway Avenue and 4229 University Way NE in Seattle; 512 Ramsey Way 101 in Kent; and 1753 S. Burlington Blvd. in Burlington.

The Oregon Health Authority is reporting a total of 12 cases of Shiga toxin E. coli O26 linked to eating at Chipotle restaurants in the Portland Metro area, up from three cases that were first reported October 31.

Among the cases, three were hospitalized. There have been no deaths. People in Multnomah, Clackamas and Washington counties, as well as Columbia, Benton and Deschutes counties have reported symptoms.

The 2015 Oxford County Fair that was held in mid-September will be remembered for the death of one child and the severe illness to another due to infections with E. coli O111. The common exposure to the two children was the same petting zoo.

The investigation is ongoing, but what has appeared thus far indicates a venue that followed few of the warnings and recommendations from decades of prior outbreaks that had sickened thousands. As more information comes out over the next week on what the Fair did and did not do to prevent these families’ tragedies, the fair should be judged from health official recommended since 2001.

“Reducing the Risk for Transmission of Enteric Pathogens at Petting Zoos, Open Farms, Animal Exhibits, and Other Venues Where the Public Has Contact With Farm Animals” – 2001 CDC Recommendations:

  • Information should be provided. Persons providing public access to farm animals should inform visitors about the risk for transmission of enteric pathogens from farm animals to humans, and strategies for prevention of such transmission. This should include public information and training of facility staff. Visitors should be made aware that certain farm animals pose greater risk for transmitting enteric infections to humans than others. Such animals include calves and other young ruminant animals, young poultry, and ill animals. When possible, information should be provided before the visit.
  • Venues should be designed to minimize risk. Farm animal contact is not appropriate at food service establishments and infant care settings, and special care should be taken with school-aged children. At venues where farm animal contact is desired, layout should provide a separate area where humans and animals interact and an area where animals are not allowed. Food and beverages should be prepared, served, and consumed only in animal-free areas. Animal petting should occur only in the interaction area to facilitate close supervision and coaching of visitors. Clear separation methods such as double barriers should be present to prevent contact with animals and their environment other than in the interaction area.
  • Hand washing facilities should be adequate. Hand washing stations should be available to both the animal-free area and the interaction area. Running water, soap, and disposable towels should be available so that visitors can wash their hands immediately after contact with the animals. Hand washing facilities should be accessible, sufficient for the maximum anticipated attendance, and configured for use by children and adults. Children aged <5 years should wash their hands with adult supervision. Staff training and posted signs should emphasize the need to wash hands after touching animals or their environment, before eating, and on leaving the interaction area. Communal basins do not constitute adequate hand washing facilities. Where running water is not available, hand sanitizers may be better than using nothing. However, CDC makes no recommendations about the use of hand sanitizers because of a lack of independently verified studies of efficacy in this setting.
  • Hand-mouth activities (e.g., eating and drinking, smoking, and carrying toys and pacifiers) should not be permitted in interaction areas.
  • Persons at high risk for serious infections should observe heightened precaution. Everyone should handle farm animals as if the animals are colonized with human enteric pathogens. However, children aged <5 years, the elderly, pregnant women, and immunocompromised persons (e.g., those with HIV/AIDS) are at higher risk for serious infections. Such persons should weigh the risks for contact with farm animals. If allowed to have contact, children aged <5 years should be supervised closely by adults, with precautions strictly enforced.

“Compendium of Measures to Prevent Disease Associated with Animals in Public Settings, 2013” – National Association of State Public Health Veterinarians Animal Contact Compendium Committee 2013:

Venue operators should take the following steps:

  • Become familiar with and implement the recommendations in this compendium.
  • Consult with veterinarians, state and local agencies, and cooperative extension personnel on implementation of the recommendations.
  • Become knowledgeable about the risks for disease and injury associated with animals and be able to explain risk-reduction measures to staff members and visitors.
  • Be aware that direct contact with some animals is inappropriate in public settings, and this should be evaluated separately for different audiences.
  • Develop or obtain training and educational materials and train staff members.
  • Ensure that visitors receive educational messages before they enter the exhibit, including information that animals can cause injuries or carry organ- isms that can cause serious illness.
  • Provide information in a simple and easy-to-under- stand format that is age and language appropriate.
  • Provide information in multiple formats (e.g., signs, stickers, handouts, and verbal information) and languages.
  • Provide information to persons arranging school field trips or classroom exhibits so that they can educate participants and parents before the visit.

Venue staff members should take the following steps:

  • Become knowledgeable about the risks for dis- ease and injury associated with animals and be able to explain risk-reduction recommendations to visitors.
  • Ensure that visitors receive educational messages regarding risks and prevention measures.
  • Encourage compliance by the public with risk- reduction recommendations, especially compliance with hand-washing procedures as visitors exit animal areas.

Recommendations for nonanimal areas are as follows:

  • Do not permit animals, except for service animals, in nonanimal areas.
  • Store, prepare, serve, or consume food and beverages only in nonanimal areas.
  • Provide hand-washing facilities and display hand- washing signs where food or beverages are served.
  • Entrance transition areas should be designed to facilitate education.
  • Post signs or otherwise notify visitors that they are entering an animal area and that there are risks associated with animal contact.
  • Instruct visitors not to eat, drink, smoke, and place their hands in their mouth, or use bottles or pacifiers while in the animal area.
  • Establish storage or holding areas for strollers and related items (e.g., wagons and diaper bags).
  • Control visitor traffic to prevent overcrowding.
  • Exit transition areas should be designed to facilitate hand washing.
  • Post signs or otherwise instruct visitors to wash their hands when leaving the animal area.
  • Provide accessible hand-washing stations for all visitors, including children and persons with disabilities. Position venue staff members near exits to encourage compliance with proper hand washing.

Recommendations for animal areas are as follows:

  • Do not allow consumption of food and beverages in these areas.
  • Do not allow toys, pacifiers, spill-proof cups, baby bottles, strollers, or similar items to enter the area.
  • Prohibit smoking and other tobacco product use.
  • Supervise children closely to discourage hand-to- mouth activities (e.g., nail biting and thumb sucking), contact with manure, and contact with soiled bedding. Children should not be allowed to sit or play on the ground in animal areas. If hands become soiled, supervise hand washing immediately.
  • Ensure that regular animal feed and water are not accessible to the public.
  • Allow the public to feed animals only if contact with animals is controlled (e.g., with barriers).
  • Do not provide animal feed in containers that can be eaten by humans (e.g., ice cream cones) to decrease the risk of children eating food that has come into contact with animals.
  • Promptly remove manure and soiled animal bedding from these areas.
  • Assign trained staff members to encourage appropriate human-animal interactions, identify and reduce potential risks for patrons, and process reports of injuries and exposures.
  • Store animal waste and specific tools for waste removal (e.g., shovels and pitchforks) in designated areas that are restricted from public access.
  • Avoid transporting manure and soiled bedding through nonanimal areas or transition areas. If this is unavoidable, take precautions to prevent spillage.
  • Where feasible, disinfect the area (e.g., flooring and railings) at least once daily.
  • Provide adequate ventilation both for animals and humans.
  • Minimize the use of animal areas for public activities (e.g., weddings and dances).
  • If areas previously used for animals must be used for public events, they should be cleaned and disinfected, particularly if food and beverages are served.

A view from the Courtroom:

Under premises liability law, the entity or entities responsible for managing an animal exhibition have a duty of care to those it invites onto the premises. This duty includes the responsibility to adequately reduce risks the entity is or should be aware of. The duty also carries a responsibility to warn fairgoers of risks present at the exhibition.

The principles of negligence also revolve around the risks to fairgoers that animal exhibitors know of or reasonably should know of. To successfully bring a negligence claim, a sickened person would need to show that the actions of an animal exhibitor fell below a reasonable standard of care in the operation of the exhibit. Failing to implement the well-established recommendations of the CDC and NASPHV constitutes falling below that standard of care.

Both bases for liability on the part of animal exhibitors-premises liability and negligence-carry with them a burden of education on the part of the exhibitor. Because the law holds people to a standard of what they reasonably should know, ignorance of the risks involved is not an effective defense. The law thus provides no impetus to stray from the course of action that is best for both customers and exhibitors in the first place-recognizing the risk and taking steps to reduce it.

In late April 2014, public health and agriculture officials at the federal, state, and local levels initiated an outbreak investigation after receiving reports of reports of persons who had lab-confirmed E. coli O157:H7 infections.[1] Ultimately, a total of twelve persons from four states were identified as having been infected with the outbreak strain, which was identified by the PulseNet Pattern Identification Number EXHX01.0096/EXHA26.015. The number of infected persons in each state were as follows: Massachusetts (1 case-patient), Michigan (5 case-patients), Missouri (1 case-patient), and Ohio (5 case-patients).  The dates of illness-onset ranged from April 22 to May 2, 2014. The age of persons infected ranged 16 years to 46 years, with the median being 25 years. Seven patients (58%) were known to have been hospitalized, although no one died. The outbreak investigation was assigned CDC Cluster ID 1405MLEXH-1.

In interviewing the case-patients, public health officials found that eleven of the twelve (92%) reported eating ground beef prepared as a hamburger at a restaurant before becoming ill.  Officials conducted multiple traceback investigations of the ground beef used at restaurants where case-patients had reported dining. These investigations identified ground beef produced by Wolverine Packing Company as the source of the ground beef and thus the outbreak.

On May 19, Wolverine Packing Company recalled approximately 1.8 million pounds of ground beef that was potentially contaminated with E. coli O157:H7.[2]  This was a Class I Recall, which means that FSIS deemed the risk to the public health “High.” The ground beef had been shipped to distributors for retail and restaurant-use nationwide. The recalled ground beef bore the establishment number “EST. 2574B” inside the USDA mark of inspection and had a production date code in the format “Packing Nos: MM DD14” between “03 31 14” and “04 18 14.”

Marler Clark has filed one lawsuit to date.

E. coli:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of E. coli outbreaks and hemolytic uremic syndrome (HUS). The E. coli lawyers of Marler Clark have represented thousands of victims of E. coli and other foodborne illness infections and have recovered over $600 million for clients. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our E. coli lawyers have litigated E. coli and HUS cases stemming from outbreaks traced to ground beef, raw milk, lettuce, spinach, sprouts, and other food products.  The law firm has brought E. coli lawsuits against such companies as Jack in the Box, Dole, ConAgra, Cargill, and Jimmy John’s.  We have proudly represented such victims as Brianne Kiner, Stephanie Smith and Linda Rivera.

If you or a family member became ill with an E. coli infection or HUS after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark E. coli attorneys for a free case evaluation.


[1]           See CDC Final Outbreak Report, http://www.cdc.gov/ecoli/2014/O157H7-05-14/index.html

[2]           See FSIS New Release, “Michigan Firm Recalls Ground Beef Products Due to Possible E. coli O157:H7,” http://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2014/recall-030-2014 .

Marler Clark represents a dozen of the ill – including two that developed hemolytic uremic syndrome.  Several lawsuits have been filed to date.

In October and November 2013, local, state and federal public health officials investigated an outbreak of E. coli O157 experienced by patients residing in four states, Arizona, California, Texas, and Washington.  Epidemiologic and traceback investigations identified two ready-to-eat salads, Field Fresh Chopped Salad with Grilled Chicken and Mexicali Salad with Chili Lime Chicken, produced by Glass Onion Catering and sold at Trader Joe’s grocery store locations as the source of the outbreak.  On December 11, 2013, the outbreak was declared to be over.  At that time a total of 33 persons with the outbreak strain of E. coli O157 had been identified.  This strain, assigned PulseNet pattern identification numbers EXHX01.0589/EXHA26.3182, had not been seen before.  Thirty two percent (32%) of ill persons were hospitalized.  Two developed hemolytic uremic syndrome.  No deaths were reported.

Public health investigators interviewed ill persons to obtain information regarding foods they might have eaten and other exposures in the week before illness.  Nineteen (86%) of 22 ill persons interviewed reported shopping at different Trader Joe’s grocery store locations.  Twelve (80%) of 15 ill persons reported consuming ready-to-eat salad purchased from Trader Joe’s stores.  The two implicated salads, the Field Fresh Chopped salad with Grilled Chicken and Mexicali Salad with Chili Lime Chicken, were consumed by 12 (80%) of 15 ill persons interviewed.

On November 10, 2013, Glass Onion Catering recalled numerous ready-to-eat salads and sandwich wrap products.  Approximately 181,620 pounds of ready-to-eat salads and sandwich wrap products with fully cooked chicken and ham were recalled to due possible contamination with E. coli O157.  The products were produced between September 23, 2013 and November 6, 2013, and shipped to distribution centers intended for retail sale in Arizona, California, Nevada, New Mexico, Oregon, Texas, Utah, and Washington.  These were products regulated by USDA FSIS.[1]  In a related recall announcement on November 10, 2013, Glass Onion Catering recalled additional ready-to-eat salads and wraps regulated by the FDA.  These products had “Best By” dates of September 23, 2013 through November 14, 2013.

Marler Clark represents several victims and to date has filed four lawsuits.

Public health officials in California, Idaho, Michigan, Montana, Utah and Washington collaborated with their federal partners at the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) to investigate an outbreak of E. coli O121 that occurred in May 2014.  A total of 19 persons with the outbreak strain, identified by PulseNet PFGE Pattern Identification Numbers EXKX01.0011/EXKA26.0001, were reported.  Among persons for whom information was available, dates of illness onset ranged from May 1, 2014 to May 20, 2014.  Ill persons ranged from 11 years to 52 years.  Seven of 16 persons for whom information was available were hospitalized.  No ill person developed hemolytic uremic syndrome and no deaths were reported.

Epidemiologic and traceback investigations conducted by public health officials implicated raw clover sprouts produced by Evergreen Fresh Sprouts, LLC of Hayden, Idaho as the likely source of this outbreak.  Thirteen (81%) of 16 ill persons reported eating raw clover sprouts in the week before becoming ill.  Ill persons in Washington and Idaho reported eating sprouts in sandwiches at several local food establishments including several Jimmy John’s Gourmet Sandwiches locations, the Pita Pit, and Daanen’s Deli.

As part of the investigation the FDA performed a traceback analysis and determined that Evergreen Fresh Sprouts supplied sprouts to seven restaurants with outbreak associated cases.  This analysis used documents collected directly from the distributors and the grower, Evergreen Fresh Sprouts, as well as documents collected by the states from the points of service.

The FDA conducted several inspections at the Evergreen Fresh Sprouts facility in May and June.  During the inspections FDA investigators observed a number of unsanitary conditions, including condensate and irrigation water dripping from rusty valves, a rusty and corroded watering system in the mung bean room, tennis rackets (used to scoop mung bean sprouts) that had scratches, chips and frayed plastic; a pitchfork (used to transfer mung bean sprouts) that had corroded metal, and a squeegee (used to agitate mung bean sprouts inside a soak vat) that had visible corroded metal and non-treated wood.

On June 26, 2014 the FDA and CDC held a meeting with the owner of Evergreen Fresh Sprouts to advise the firm of FDA’s concerns that the seed lot used to row clover sprouts linked to this outbreak might be contaminated and to encourage Evergreen Fresh Sprouts to discontinue using that seed lot.  The owner of Evergreen Fresh Sprouts agreed to stop using the suspected lot of seeds.  On August 1, 2014 the CDC declared the outbreak over and published a final outbreak summary on-line at http://www.cdc.gov/ecoli/2014/O121-05-14/index.html.

Beginning in late April 2013 at least 10 people were infected with E. coli O157:H7 after eating at Coco Loco Mexican Restaurant located in College Station, Texas.  Five individuals were laboratory confirmed with E. coli O157:H7; five others were not laboratory confirmed with the pathogen but had symptoms clinically consistent with an E. coli O157:H7 infection.  Two brothers, Noah and Jack Mellon, were hospitalized.  According to media reports the Brazos County Health Department conducted an outbreak investigation, concluding that the source of the outbreak was ground beef served at Coco Loco.

Brazos County Health Department director, Dr. Eric Wilke, was quoted as saying “The two most likely things [as the source of the outbreak] are either someone touched raw meat and then their hands didn’t get clean and they touched other things and that’s how it transmitted bacteria or some meat was undercooked.” Dr. Wilke noted that the restaurant was making changes to improve safety by adding gloves and logs for food temperature.

Marler Clark represents one adult and two children.  The children both developed hemolytic uremic syndrome.

The Public Health Agency of Canada, along with its health and food safety partners, is investigating 27 confirmed cases of E. coli O157:H7 illness; 12 in British Columbia, 10 in Alberta, 2 in Saskatchewan, 2 in Manitoba and 1 in Quebec.

These individuals became ill between mid-July and late-September.  There has been one death.

Certain contaminated cheese products manufactured by Gort’s Gouda Cheese Farm in Salmon Arm, British Columbia, have been identified as the source of the illnesses. The Canadian Food Inspection Agency (CFIA) has issued a Health Hazard Alert warning the public not to consume the affected product.

As of August 6, 2013, at least 33 people who ate at the Federico’s Mexican Restaurant in the West Valley outside of Phoenix, Arizona have fallen ill with E. coli infections. According to news reports, 15 cases were hospitalized.  I have been on the phone today with 12 victims of this outbreak – one whose daughter has developed hemolytic uremic syndrome (HUS).

It made me think of past outbreak and past lawsuits.

Los Burritos Mexicanos:  An E. coli outbreak in DuPage County, Illinois, is suspected to have been caused by food served at the Los Burritos Mexicanos restaurant in Lombard.  The restaurant was closed on June 14, 2013 during an E. coli outbreak investigation.  The DuPage County Health Department counted 31 confirmed and probable E. coli cases as part of the Los Burritos Mexicanos outbreak.

Ixtapa Family Mexican Restaurant:  In October of 2008, Snohomish County Health Department (SCHD) epidemiologists investigated an E. coli O157:H7 outbreak among patrons of the Ixtapa Family Mexican Restaurant in Lake Stevens, Washington.  Dates of illness onset ranged from October 7-17, 2008.  An investigation by the SCHD and the Washington State Department of Health (WSDOH) identified sixty-four cases of E. coli infection linked to the consumption of food at Ixtapa restaurant.  Four confirmed cases were hospitalized, and one developed hemolytic uremic syndrome (HUS), a severe complication of E. coli that can lead to kidney failure.

El Mexicano Mexican Restaurant:  In May of 2012, the South Carolina Department of Health and Environmental Control (DHEC) announced that it was investigating an outbreak of E. coli O157:H7 that had sickened 11 individuals in the Spartanburg area. All 11 victims reported eating at the same El Mexicano Mexican restaurant. Two of the victims developed hemolytic uremic syndrome (HUS). Illnesses were related to eating at the restaurant during the last week of April.

Coco Locos Restaurant: In May 2013, the source of an E. coli O157:H7 outbreak in Brazos County, Texas is being investigated by public health officials and is believed to have been caused by E. coli-contaminated ground beef served at the Coco Locos restaurant located in 300 block of George Bush Drive in College Station, TX.  According to news reports, at least 10 people were part of the E. coli outbreak, which has been linked to ground beef served at the restaurant.  Health officials have not yet determined whether the E. coli outbreak stemmed from under-cooked ground beef or from cross-contamination between raw ground beef and other foods or surfaces in the restaurant kitchen.

Habaneros Mexican Restaurant:  In late August of 2003, staff in the Communicable Disease (CD) section at the St. Clair County Health Department (SCCHD) received a report that four Illinois residents who had recently traveled to the St. Clair area were experiencing bloody diarrhea and had gone to emergency rooms in their respective hometowns for treatment.  On Tuesday, September 2, SCCHD was notified that E. coli O157:H7 had been isolated from at least one of the four people’s stool specimens.  At the same time, the SCCHD began receiving other reports of diarrheal illness in patients seen by local physicians.  Preliminary interviews of ill persons revealed that all had eaten at Habaneros prior to the onset of diarrhea.   SCCHD conducted a foodborne outbreak investigation and found that of 64 persons, including seven employees, who had eaten at Habaneros between August 15, 2003 and September 5, 2003, thirty (47%) reported having diarrheal symptoms; ten sought medical care.  An extensive food consumption history was obtained from each person interviewed, but no specific food-item was statistically associated with illness.

Taco Johns:  In December 2006, Iowa and Minnesota health officials investigated an E. coli O157:H7 outbreak among patrons at Taco John’s restaurants in Cedar Falls, Iowa, and Albert Lea and Austin, Minnesota. As of December 13, 2006, the Iowa Department of Health had confirmed that at least 50 Iowans had become ill with E. coli infections after eating at Taco John’s, and the Minnesota Department of Health had confirmed that at least 27 Minnesotans were part of the outbreak.

Taco Bell:  Taco Bell restaurants were the source of an E. coli outbreak during the last week of November and the beginning of December 2006. Residents of New Jersey, New York, Pennsylvania, Delaware, and South Carolina were confirmed by the Centers for Disease Control and Prevention (CDC) as being part of the Taco Bell E. coli outbreak, which was traced to contaminated lettuce served in foods at Taco Bell restaurants. On December 13, 2006, the CDC announced that at 71 people had become ill with E. coli infections associated with the Taco Bell restaurant outbreak. Of those 71, 53 people had been hospitalized, 48 people were confirmed ill with E. coli, and 8 developed hemolytic uremic syndrome.

E. coli:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of E. coli outbreaks and hemolytic uremic syndrome (HUS). The E. coli lawyers of Marler Clark have represented thousands of victims of E. coli and other foodborne illness infections and have recovered over $600 million for clients. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our E. coli lawyers have litigated E. coli and HUS cases stemming from outbreaks traced to ground beef, raw milk, lettuce, spinach, sprouts, and other food products.  The law firm has brought E. coli lawsuits against such companies as Jack in the Box, Dole, ConAgra, Cargill, and Jimmy John’s.  We have proudly represented such victims as Brianne Kiner, Stephanie Smith and Linda Rivera.

The Maricopa County Department of Public Health and Environmental Services in collaboration with the Arizona Department of Health Services is investigating an outbreak that appears to be linked to the Federico’s Mexican Restaurant located at 13132 W Camelback.

So far, at least 11 of the 15 individuals with bloody diarrhea that MCDPH has been able to interview have either purchased food from or eaten at this particular Federico’s. MCDPH has also received preliminary laboratory results indicating that the bacteria causing the illness is E. coli O157.

“Just to be clear, it is only this one Federico’s establishment where many of the cases have reported eating or purchasing food,” said Dr Bob England, director of MCDPH. “The investigation remains ongoing and we have all hands on deck to figure out the specific source.

The Maricopa County Environmental Services Department (MCESD) responded by inspecting the facility immediately and taking food samples. “The restaurant has been extremely cooperative with our investigation. In fact, out of an abundance of caution and concern for their customers, the restaurant is voluntarily closing,” said Steven Goode, deputy director for MCESD.

Anyone who has eaten at this particular Federico’s Mexican Food from on or after July 23 AND is experiencing bloody diarrhea should see a healthcare provider so a stool culture can be ordered. Options for people without a health care provider include urgent care centers or community health centers.

The illness appears to be caused by a class of bacteria that produces a toxin. This toxin can cause severe illness and, especially in children, can lead to kidney failure and even death.

It is important for health care providers to be aware of this outbreak because treating children with antibiotics for this bacteria can increase the risk of serious consequences. Providers who have patients who they suspect may be related to this outbreak should order a stool culture and contact MCDPH’s disease reporting line at 602-747-7500.

“Unfortunately, there is still much to uncover about this outbreak such as what specific food may have been contaminated, how the food was contaminated and how many people have been exposed. As we discover this information, we will continue to share with the public,” England added.

Past Inspections

8-1-13

No county legal will result from this inspection. Discussed the five reportable foodborne illnesses and corresponding symptoms employees must report to the Person in Charge to reduce the risk of transmission of foodborne illness. Advised Person in Charge to create and maintain an employee illness log. Cooking and holding temperatures of PHF/TCS food items were found to be in compliance. However, cooked chilies were observed to have been improperly cooled. Cooled chilies were found to be between 62-63°F after cooling for 6 hours. Chiles were embargoed. Reviewed the time/temperature milestones that must be achieved to properly and safely cool PHF/TCS foods. Chiles were embargoed; see form. In addition, took samples of suspect food items. See embargo form. Discussed proper hand washing procedures with Person in Charge. Advised Person in Charge to remind employees that within the 20-second hand wash requirement, hands must be scrubbed with soap between 10 to 15 seconds. Discussed proper ware washing procedures. Advised person in charge that all food contact surfaces in continuous contact with potentially hazardous food items must be washed, rinsed and sanitized no less than every 4 hours if under room temperature. Investigation conducted with RS 1021.

5-29-13

3-501.16(A)(2) and (B), P: Potentially Hazardous Food (Time/Temperature Control for Safety Food), Cold Holding: Shredded cooked and raw pork, shredded cooked and raw beef, cooked shrimp, breaded cooked fish, breaded cooked chili (egg battered), cut deli ham held in reach in cooler at 50 F. Deli ham in walk in cooler held at 47 F. Manger was notified and Items were discarded.

4-301.11, Pf: Cooling, Heating, and Holding Capacities-Equipment: Reach in cooler in the cook line works at 53 F. Must repair.

3-14-13

6-501.12, C: Cleaning, Frequency and Restrictions: Floor around the cove in dry storage room is covered with food debris beans, flour and seeds. Must clean as often as needed.

11-8-12

7-202.12, P: Conditions of Use***** Observed can of Raid insecticide in office stored on shelf above rags used in sanitizer buckets in establishment. Person in charge voluntarily discarded. Person in charge states that pest control is done once a month in establishment. Only a licensed pest control applicator may apply pesticide in establishment, please increase frequency of treatment if needed.

9-5-12

3-501.16(A)(2) and (B), P: Potentially Hazardous Food (Time/Temperature Control for Safety Food), Cold Holding – Various items were observed out of temperature. In the sandwich table refrigerator the following items were at the noted temperatures; sliced tomatoes @ 50.1° F, sour cream @ 48.7° F, guacamole @ 51.5° F, Pico de Gallo @ 49.8 ° F, Shredded lettuce @ 47.1° F, Special beef @ 49.0° F, raw beef @ 51.0° F, and raw bacon @ 52.8° F. I had items that had been in the cooler for more than 6 hours discarded and the remainder of products adopted time as a temperature control until unit could be repaired. Also salsa in salsa bar were observed in plastic containers @ 45.7° F and 47.8° F. The salsas were removed from the plastic containers and placed in metal ones which transferred the cold from the ice better and they regained proper temperature.3-501.15 (A), Pf: Cooling Methods – A container of cooked shrimp was observed sitting on a shelf at 98.1° F. Per employee it had finished cooking about two hours prior but it was not known when they reached 135° F. I had the shrimp placed in a colander and bathed in ice water until they reached proper cold holding temperature and then placed in the refrigerator. 4-301.11, Pf: Cooling, Heating, and Holding Capacities-Equipment – The sandwich table refrigerator was not maintaining products at proper temperature. Call repair technician immediately. I will re-inspect for repair.

2-16-12

3-501.16(A)(1), P: Potentially Hazardous Food (Time/Temperature Control for Safety Food), Hot Holding Cooked rice in hot holding unit in near preparation table was 93*F. Refried beans along cook line was 113-129*F. Potentially hazardous food items need to be held at 135*F or above. Food items were heated immediately on stove.

Bravo Farms Gouda Cheese E. coli Outbreak Lawsuits – Southwestern US (2010)

Nestle Toll House Cookie Dough E. coli Outbreak Lawsuits – Nationwide (2009)

United Food Group E. coli Outbreak Lawsuits – Western States (2007)

Dole Spinach E. coli Outbreak Lawsuits – Nationwide (2006)

E. coli:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of E. coli outbreaks and hemolytic uremic syndrome (HUS). The E. coli lawyers of Marler Clark have represented thousands of victims of E. coli and other foodborne illness infections and have recovered over $600 million for clients. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our E. coli lawyers have litigated E. coli and HUS cases stemming from outbreaks traced to ground beef, raw milk, lettuce, spinach, sprouts, and other food products.  The law firm has brought E. coli lawsuits against such companies as Jack in the Box, Dole, ConAgra, Cargill, and Jimmy John’s.  We have proudly represented such victims as Brianne Kiner, Stephanie Smith and Linda Rivera.

If you or a family member became ill with an E. coli infection or HUS after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark E. coli attorneys for a free case evaluation.