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Ford Safely Meat sew Q: What is happening involving a meat recall in Illinois? Have there been any reports of illness associated with the beef? A: IBP, a company that produces ground beef at a plant in Joslin, Illinois, yesterday voluntarily recalled all the ground beef that was produced by the plant on April 14, 1998. A package of ground beef produced at the plant on that day and shipped to Florida was tested and found positive for E.coli 0157:H7. USDA has notified all state health departments, and there has been no known illness reported from the product. The positive test was performed as part of a regular program of testing conducted by the USDA. USDA officials have visited the IBP facility and continue to work closely with IBP in ensuring that all product is removed from commerce as soon as possible. Q: How much beef is being recalled? What should consumers do? A: The recall involves over 280,000 pounds of ground beef, and the recall is planned to reach every state where the beef may have been shipped. Consumers should follow safe handling labels and thoroughly cook the meat to an internal temperature of 160 degrees which kills harmful bacteria, including E.coli 0157:H7. 202 690 0460 04/29/08 15:31 202 680 0460 INFO OFFICE 002 APR 23 96 14:25 HI IEP PUEL IC QFFAIRS 402 241 2965 TO 912026988460-075 P.01 1 ibp Ground Beef Product Recall IBP Statement April 29, 1998 In coopcration with USDA. IBP is voluntarily recalling all ground beef produced ar its Joslin. Illinois. heat plant on April 14. 1993. A package of ground heel from the plant. produced on char day and shipped to a foodservice operation. was tested by USDA and found positive for E. coli 01S7:H7. To our knowledge there has been DO illness associated or reported on product from this dute, and there indication that any other product produced on this day would test positive for this backeria. However, in is no abundance of caution TBP IS conducting this voluntary recall. Approximately 50 resail and foodserviee an customers nationwide purchased ground beef produced by the plant on April 14. and have been contacted by IBP and asked to return the product. The recall involves 282.128 pounds of ground beef. with packaging that carries the code 245J98104. Because the product is fresh mest typically further processed by grocers or restaurants. there is no product code or production lot number for consumers to sheck on meat in their refrigerators. Meanwhile. IBP officials are reviewing production procedures used It the company's Joslin plant. which is located near Geneseo. Illinois. The beef production facility, as well as IBP's other fresh meal focuses on key arcas of the meal production process that must to controlled in order to prevent food safety operations. USE the principles of HACCP (Hazard Analysis Critical Control Points). This science based system problems. Our company and our industry continue to aggressively research ways to further enhance our food safety efforts. IBP's food safety assurance systems include such things as pre-operative sanitation. steam vocuums. carcass production audits. numerous temperature andits. employee craining. packaging system andits and temperature verification un shipping trailers. New technology designed 10 [urther cahance our food safery efforts is being installed at all of IBP's fresh beef plants. The company : installing steam cabinets that are designed to provide added protection against bacteria. The cabinets apply saturated steam to the complete surface of the beef carcass during the manufacturing. This steaming process significantly reduces the risk of pathogenic bacterial contamination. The cabinets will complement the steam vacuum equipment 18P currently uses as all of its beet plants. including Joslin The slearo Vacuum. which also cleans the carease surface. was developed SEVERAl years ago by IBP and an outside manufscturer. More than 700 employees are dedicared exclusively to food sujety und quality at IBP's fresh meat plants. This includes as people at Joslin. IBP also opersies 12 approved and accredited laboratories to provide ragid, ug-to-date chemical and microbiological analysis. IBP's quality sisurance programs have been developed to make sure product specifications and food safery procedures ure followed as all levels of production and distribution- IBP's quality and food safety programs 372 state-of-the-art. and are considered by be the best in the industry. Consumers are reminded that thorough cooking kills harmful hacteria, including E. coli 0157:H7. According to the American Meat Institute. the center of ground most patties and meat loaf should not be pink and the juices should nin clear. Ground beef patties and laaves are safe when they reach 160 degrees in the center. We believe that the only way to determine whether or not an individual is an "employee" entitled to the protections of the FLSA is to make an individualized assessment of the economic realities of the relationship between the worker and the putative employer. The FLSA applies where 1 person is "suffered or permitted to work." Thus, the question is whether "work" is being performed for the benefit of a covered employer. The state's draft letter says that, "because the nature of the relationship with aid recipients is not employment, but assistance," no employment relationship exists for activities such as work experience, community service, and a number of other TANF work activities. The letter also states that people in these programs are not employees because the purpose is to "assist recipients to obtain skills necessary for employment." The draft letter appears to state that California has concluded that recipients participating in the identified activities are never employees, without regard to what the recipients actually are doing at their work experience, community service or other placement site. In other words, the letter seems to indicate that California will determine whether or not a recipient is an employee by the classification of the TANF work activity, rather than by what the individual actually is doing. It would appear that this would be the case even where the placement site activities do not satisfy the Department's six-factor test for determining whether an individual is a traines. If this is the meaning of the state's letter, then We must disagree. Such a broad. across-the-board approach and categorical conclusion about who is an employee under the FLSA is inconsistent with the FLSA definition of that term. As stated above, whether or not someone is an employee under the FLSA turns on an assessment of what the worker actually is doing at the placement site and the economic realities of that relationship. It does not turn on the title of the program les "community service" or "work experience") in which the person. and thousands of other welfare recipients, is placed. We would bring to your attention that Congress, while imposing mandatory work requirements in TANF, deleted the provision in the former law that exempted "workfare" activities from the requirements of the FLSA (see former 42 U.S.C. § 682(f)(1)(C)). The purpose of the new law was to promote "work" by welfare recipients as a means to end their dependence on government assistance. We believe it would be inconsistent with this Congressional intent for a State categorically to deny minimum wages to welfare recipients who engage in certain categories of work activities, regardless of whether such individuals are performing services - often shoulder- to-shoulder with paid employees - for the benefit of employers. A memorandum written by the Congressional Research Service (attached) reaches the same conclusion. We trust that this is responsive to your request that we review the state's draft letter. Please feel free to contact the Department again if you have additional questions about the application of the FLSA in the welfare context. We would be happy to work with you, members of the Human Services Committee or the Salect Committee on Welfare Reform Implementation and members of the Welfare Reform Steering Committee as California develops its procedures for 2 RECALL NOTIFICATION REPORT U.S. DEPARTMENT OF AGRICULTURE FOOD SAFETY AND INSPECTION SERVICE Product(s) Recalled: IBP Ground Beef chubbs from Est. 245J with following codes: on chubb: 245J 4/14 on boxes: 245J98104 [with any 4 digits] Production Date: April 14, 1998 Problem-Reason for Recall: E. coli 0157:H7 How and When Discovered: Intact chubb from Est. 245J sampled at Johnson Bros Wholesale Meats in Panama City, Fla., Est. 6726, under FSIS E. coli 0157:H7 program Federal Establishment: Est. 245J IBP Inc. Geneseo, III. Recalling Firm/Company: IBP, Inc., Dakota City, Nebraska Corporate Media Contact: Gary Mickelson, director of corporate communications, 402-241-2986 Quantity Recalled: 282,128.8 pounds Estimated Still In Commerce: unknown Distribution: Nationwide (at least 20 states), and some military commissaries Recall Classification: Class 1 Recall Notification Level: To retail store level Press Release: None, not identifiable by consumers Direct Notification Means: Firm notifying distributors and customers by letter FSIS Followup Activities: Follow-up testing Other Agencies Involved: State Health Departments being notified FSIS Contacts: Compliance/Recall Coordinator: 202-418-8872 Emergency Response: 202-501-7521 Media Inquiries: 202-720-9113 Congressional Inquiries: 202-720-3897 Consumer Inquiries: 1-800-535-4555 Web site: http://www.nsda.gov/fsis Date of Recall Meeting: April 28, 1998 Recall Case Number: EP-012-98 Last Update: April 28, 1998 202 720 1843 APR 29 '98 06:09PM FSIS/ILA/DO P.1 USDA Food Safety and Statement Inspection Service STATEMENT OF TOM BILLY, ADMINISTRATOR FOOD SAFETY AND INSPECTION SERVICE April 29, 1998 Immediately after USDA's detection of E. coli 0157:H7 in one 20-1b. institutional package of coarse ground beef, IBP, in cooperation with USDA, is voluntarily recalling all 282,128 pounds of coarse ground beef produced on April 14, 1998 at its Joslin, Illinois plant. Coarse ground beef must be further processed before being sold to consumers. USDA's routine ground beef testing program is conducted in meal plants and retail establishments around the country. USDA has tested over 20,000 samples since October of 1994, and only 13 have been positive for E. coli 0157:H7. USDA has notified all state health departments regarding this product. No reports of illness associated with this product have been received by USDA or any of the states. The product was distributed nationwide. States identified to USDA as having received the product are Iowa, Wisconsin. New York, Illinois, Louisiana, Kansas, Oklahoma, Georgia, Arkansas, Virginia, North Carolina, Ohio, Kentucky, Florida, Indiana, Wast Virginia, Mississippi, Nebraska, Alabama, and Pennsylvania. One military shipment of 215 cases, destined for Europe, is currently being retrieved. USDA officials have visited the IBP facility and continue to work closely with IBP in ensuring all product is removed from commerce as soon as possible. Consumers are reminded to always cook all ground meat products thoroughly to an internal temperature of 160 degrees. For further information, call the USDA Meat and Poultry Hotline, 1-800-535-4555. BEEFQA. 429 Page 1 Ment recall FORERNAL -Ew Q&A's on Food Safety April 29, 1998 Q: What is happening involving a meat recall in Illinois? Have there been any reports of illness associated with the beef? A: IBP, a company that produces ground beef at a plant in Joslin, Illinois, yesterday voluntarily recalled all the ground beef that was produced by the plant on April 14, 1998. A package of ground beef produced at the plant on that day and shipped to Florida was tested and found positive for E.coli 0157:H7. USDA has notified all state health departments, and there has been no known illness reported from the product. The positive test was performed as part of a regular program of testing conducted by the USDA. USDA officials have visited the IBP facility and continue to work closely with IBP in ensuring that all product is removed from commerce as soon as possible. Q: How much beef is being recalled? What should consumers do? A: The recall involves over 280,000 pounds of ground beef, and the recall is planned to reach every state where the beef may have been shipped. Consumers should follow safe handling labels and thoroughly cook the meat to an internal temperature of 160 degrees which kills harmful bacteria, including E.coli 0157:H7. meat Secall Ew Q: What is happening involving a meat recall in Illinois? Have there been any reports of illness associated with the beef? A: IBP, a company that produces ground beef at a plant in Joslin, Illinois, yesterday voluntarily recalled all the ground beef that was produced by the plant on April 14, 1998. A package of ground beef produced at the plant on that day and shipped to Florida was tested and found positive for E.coli 0157:H7. USDA has notified all state health departments, and there has been no known illness reported from the product. The positive test was performed as part of a regular program of testing conducted by the USDA. USDA officials have visited the IBP facility and continue to work closely with IBP in ensuring that all product is removed from commerce as soon as possible. Q: How much beef is being recalled? What should consumers do? A: The recall involves over 280,000 pounds of ground beef, and the recall is planned to reach every state where the beef may have been shipped. Consumers should follow safe handling labels and thoroughly cook the meat to an internal temperature of 160 degrees which kills harmful bacteria, including E.coli 0157:H7. 04/29/98 15:27 OFFICE OF COMMUNICATIONS 2026900820 202 690 0460 04/29/08 15:31 202 680 0460 INFO OFFICE 002 APR 73 '96 14:25 = IEP PUBLIC OFFAIRS 402 241 2965 TO 912026900460-875 P.81/01 ibp Ground Beef Product Recall IBP Statement April 29, 1998 In cooperation with USDA. IBP is voluntarily recalling all ground beef produced ar its Joslin. Illinois, beef plant on April 14, 1998. A package of ground beef from the plant. produced on chac day and shipped to 1 foodservice operation. was tested by USDA and found positive for E. coli 0157:H7. To our knowledge there has been DD illness associated or reported on product from this dute. and there is no indication that any other product produced on this day would test positive for this bacaria. However, in an abundance of caution TBP IS conducting this voluntary recall. Approximately 50 resail and foodserviee customers nationwide purchased ground beef produced by the plant on April 14. and have been contacted by IBP and asked to return the product. The recall involves 282.128 pounds of ground beef. with packaging dial carries the code 245398104. Because the product is fresh mest typically further processed by grocers or restaurants. there is no product cade or production lot number for consumers to sheck on meat in their refrigerators. Meanwhile, IBP officials are reviewing production procedures used It the company's Joslin plant which is located near Geneseo. Illinois. The beef production facility, as well as IBP's other fresh meal operations. USE the principles of HACCP (Hazard Analysis Critical Control Points). This science based system focuses on key arcas of the mean production process that must to controlled in order to prevent food safety problems. Our company and our industry continue to aggressively research ways to further enhance our food safety efforts. LBP's food safety assurance systems include such things as pre-operative sanitation. steam vacoums. carcass production audits. numerous temperature andits. employee craining. packaging system audits and temperature verification on shipping trailers. New technology designed lo further cahance our food safery efforts is being installed at all of IBP's fresh beef plants. The company it installing steam cabinets that 3rc designed to provide added protection against bacteria. The cabinets apply saturated steam to the complete surface of the beef carcuss during the manufacturing. This stearning process significantly reduces the risk of pathogenic bacterial contamination. The cabinets will complement the steam vacuum equipment 18P currently uses at all of its beet plants. including Joslin The steam Vacuum. which also cleans the carease surface. was developed several years ago by IBP and an outside manufacturer. More than 700 employees are dedicated exclusively to food sujety und quality at IBP's fresh ment plants. This includes as people at Joslin. IBP also opersies 12 approved and accredited laboratories to provide ragid, ug-to-date chemical and microbiological analysis. IBP's quality sisurance programs have been developed to make sure product specifications and food safety procedures are followed as all levels of production and distribution_ IBP's quality and food safety programs are state-of-the-art. and are considered by 8 be the best" in the industry. Consumers are reminded that thorough cooking kills harmful hacteria, including E. coli 0157:H7. According to the American Mear Institute. the center or ground meal patties and meat loaf should not be k and the juices should nin clear. Ground beef patties and laaves are safe when they reach 160 degrees in the center. We believe that the only way to determine whether or not an individual is an "employee" entitled to the protections of the FLSA is to make an individualized assessment of the economic realities of the relationship between the worker and the putative employer. The FLSA applies where & person is "suffered or permitted to work." Thus, the question is whether "work" is being performed for the benefit of a covered employer. The state's draft letter says that, "because the nature of the relationship with aid recipients is not employment, but assistance," no employment relationship exists for activities such as work experience, community service, and a number of other TANF work activities. The letter also states that people in these programs are not employees because the purpose is to "assist recipients to obtain skills necessary for employment" The draft letter appears to state that California has concluded that recipients participating in the identified activities are never employees, without regard to what the recipients actually are doing at their work experience, community service or other placement site. In other words, the letter seems to indicate that California will determine whether or not a recipient is an employee by the classification of the TANF work activity, rather than by what the individual actually is doing. It would appear that this would be the case even where the placement site activities do not satisfy the Department's six-factor test for determining whether an individual is a traines. If this is the meaning of the state's letter, then We must disagree. Such a broad, across-the-board approach and categorical conclusion about who is an employee under the FLSA is inconsistent with the FLSA definition of that term. As stated above, whether or not someone is an employee under the FLSA turns on an assessment of what the worker actually is doing at the placement site and the economic realities of that relationship. It does not turn on the title of the program (es. "community service" or "work experience") in which the person. and thousands of other welfare recipients, is placed. We would bring to your attention that Congress, while imposing mandatory work requirements in TANF, deleted the provision in the former law that exempted "workfare" activities from the requirements of the FLSA (see former 42 U.S.C. § 682(f)(1)(C)). The purpose of the new law was to promote "work" by welfare recipients as a means to end their dependence on government assistance. We believe it would be inconsistent with this Congressional intent for a State categorically to deny minimum wages to welfare recipients who engage in certain categories of work activities, regardless of whether such individuals are performing services - often shoulder- to-shoulder with paid employees - for the benefit of employers. A memorandum written by the Congressional Research Service (attached) reaches the same conclusion. We trust that this is responsive to your request that we review the state's draft letter. Please feel free to contact the Department again if you have additional questions about the application of the FLSA in the welfare context. We would be happy to work with you, members of the Human Services Committee or the Salect Committee on Welfare Reform Implementation, and members of the Welfare Reform Steering Committee as California develops its procedures for 2 04/28/98 TUE 16:08 FAX 202 501 6981 OPHS FHSD ERD MONDSCHEIN RECALL NOTIFICATION REPORT U.S. DEPARTMENT OF AGRICULTURE FOOD SAFETY AND INSPECTION SERVICE Product(s) Recalled: IBP Ground Beef chubbs from Est. 245J with following codes: on chubb: 245J 4/14 on boxes: 245J98104 [with any 4 digits] Production Date: April 14, 1998 Problem-Reason for Recall: E. coli 0157:H7 How and When Discovered: Intact chubb from Est. 245J sampled at Johnson Bros Wholesale Meats in Panama City, Fla., Est. 6726, under FSIS E. coli 0157:H7 program Federal Establishment: Est. 245J IBP Inc. Geneseo, III. Recalling Firm/Company: IBP, Inc., Dakota City, Nebraska Corporate Media Contact: Gary Mickelson, director of corporate communications, 402-241-2986 Quantity Recalled: 282,128.8 pounds Estimated Still In Commerce: unknown Distribution: Nationwide (at least 20 states), and some military commissaries Recall Classification: Class 1 Recall Notification Level: To retail store level Press Release: None, not identifiable by consumers Direct Notification Means: Firm notifying distributors and customers by letter FSIS Followup Activities: Follow-up testing Other Agencies Involved: State Health Departments being notified FSIS Contacts: Compliance/Recall Coordinator: 202-418-8872 Emergency Response: 202-501-7521 Media Inquiries: 202-720-9113 Congressional Inquiries: 202-720-3897 Consumer Inquiries: 1-800-535-4555 Web site: http://www.usda.gov/fsis Date of Recall Meeting: April 28, 1998 Recall Case Number: EP-012-98 Last Update: April 28, 1998 04/29/98 18:24 OFFICE OF COMMUNICATIONS 202 456 5581 NO.769 P001/001 202 720 1843 APR 29 '98 06:09PM FSIS/ILA/DO P.1 USDA Food Safety and Statement Inspection Service STATEMENT OF TOM BILLY, ADMINISTRATOR FOOD SAFETY AND INSPECTION SERVICE April 29, 1998 Immediately after USDA's detection of E. coli 0157:H7 in one 20-1b. institutional package of coarse ground beef, IBP, in cooperation with USDA, is voluntarily recalling all 282,128 pounds of coarse ground beef produced on April 14, 1998 at its Joslin, Illinois plant. Coarse ground beef must be further processed before being sold to consumers. USDA's routine ground beef testing program is conducted in meal plants and retail establishments around the country. USDA has tested over 20,000 samples since October of 1994, and only 13 have been positive for E. coli 0157:H7. USDA has notified all state health departments regarding this product. No reports of illness associated with this product have been received by USDA or any of the states. The product was distributed nationwide. States identified to USDA 88 having received the product are Towa, Wisconsin. New York, Illinois, Louisiana, Kansas, Oklahoma, Georgia, Arkansas, Virginia, North Carolina, Ohio, Kentucky, Florida, Indiana, West Virginia, Mississippi, Nebraska, Alabama, and Pennsylvania. One military shipment of 215 cases, destined for Europe, is currently being retrieved. USDA officials have visited the IBP facility and continue to work closely with IBP in ensuring all product is removed from commerce as soon as possible. Consumers are reminded to always cook all ground meat products thoroughly to an internal temperature of 160 degrees. For further information, call the USDA Meat and Poultry Hotline, 1-800-535-4555. #