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Cantaloupe Growers Criminally Charged In Listeria Outbreak

Avatar for Paul Rusnak Posted by Paul Rusnak|September 27, 2013

Brothers Eric and Ryan Jensen of Jensen Farms were charged by the U.S. Attorney’s Office in Denver, CO, with “six counts of introducing adulterated food into interstate commerce and aiding and abetting,” according to ABC 7 News, the DenverChannel.com.  

The brothers were released on a $100,000 unsecured bond. The trial is tentatively scheduled to start on Dec. 2, according to the Denver news report. 

In 2011, listeria-tainted cantaloupe killed 33 people and hospitalized 147 across the country. In October of 2011, FDA confirmed the outbreak of Listeria monocytogenes in whole cantaloupe was from a single grower-shipper in Colorado, Jensen Farms, and was a result of the unsanitary practices in the packing shed.

After the news was released, American Vegetable Grower (AVG) asked some industry members for feedback on the issue.

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Robert J. Whitaker, Produce Marketing Association (PMA)‘s Chief Science & Technology Officer said: “This is one of the first times that we have seen criminal action stem from a food borne illness outbreak. We have always known that it was a possibility, because the FDA’s Food, Drug and Cosmetic Act prohibits the introduction of adulterated product into commerce. To assist our members and protect public health, PMA places a high priority on food safety issues. We have invested heavily in the Center for Produce Safety, we are working hard to shape the currently proposed FSMA rules, and we continue to work with our members on education and training to prevent and minimize any future outbreaks associated with produce.”

Jim Sulecki, Meister Media Worldwide’s Corporate Content Director wrote: “If growers are held accountable for every lapse in food safety, we may find fewer and fewer candidates willing to join the occupation. (And the Jensens, ages 37 and 33, regrettably are part of the next generation of farmers.) Draconian liability placed on agricultural producers could lead to increased import of fresh fruits and vegetables from other countries, where production of safe food is often less guaranteed than it is here in the U.S. It could also help to kill the ‘locally grown’ movement among consumers just as it’s beginning.” Read the full article

Would you like to give us your feedback? Please write in the comments area below or contact AVG’s Editor Rosemary Gordon at [email protected]

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Paul Rusnak is the Senior Online Editor of American Vegetable Grower, American Fruit Grower, and Greenhouse Grower magazines, all Meister Media Worldwide brands. He is based in Northeast Florida. See all author stories here.

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Avatar for Southern Tier Farmer Southern Tier Farmer says:
September 29, 2013 at 7:21 am

This is the beginning of a dangerous trend. It was bad enough to shut down a farms operation on suspicion of contamination. Now all farmers will need to have a criminal defense lawyer on speed dial. Between the big govt, the media, and sue happy attorneys it will not take much to label well intentioned farmers as criminals. We have opened a nasty smelling can of worms.

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Avatar for Sharon Schmuhl Sharon Schmuhl says:
September 30, 2013 at 3:10 pm

Currently all "trends" being iniated by government will be the demise of all fruit and vegetable farming and agri-business in the United States; that includes the lack of a farm bill, the lack of immigration reform to allow employees to work in the fields; and the overall lack of any legislator or government official having any workable knowledge of agriculture to right all the wrongs that are currently being experienced by farmers in America. Good luck Consumers on safely feeding your family imported foods!

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Avatar for Stefan Jaronski Stefan Jaronski says:
September 30, 2013 at 3:18 pm

How does this impact farm stand sales? Is a farmer selling produce, fruit, equally liable in case something similar to the Listeria outbreak happens?

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Avatar for Green Jeans Green Jeans says:
September 30, 2013 at 3:35 pm

Very very unfortunate. First for the victims and their families and now for the Jensens. There certainly was no intent on their part in this case and it doesen't matter what we do to these growers they can never right the terrible accident. This action by the FDA sets a dangerous precedent for growers to be criminally charged for any incident.

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Avatar for Florida Sunshine Florida Sunshine says:
September 30, 2013 at 5:01 pm

We certainly don't have enough information here to judge this whole story, but where are the inspectors? They should have caught this had there been a close watch. We growers are inundated with rules and regulations from government overload so why aren't they doing their job? I am so very sorry for everyone in this unfortunate, tragic event. My heart goes out to all the families, but this is totally wrong to criminally charge the Jensens. What are they going to do with the Mexican outbreaks? Is anybody going to go after them? We are headed down a very slippery slope with this criminal action. It is disgusting.

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Avatar for Montana Farmer Montana Farmer says:
September 30, 2013 at 5:32 pm

With stuff like this coming down soon the only way left to farm in the US will be with machine harvested products that are all exported. The problem isn't more pathogens on food, the problem is weak Americans who live such sterilized, styrofoamed packaged lives that their immune systems are weak. Way to toughen them up would be to sell irrigation ditch water that flowed though cow pastures in plastic bottles for a premium.

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Avatar for Bob Martin Bob Martin says:
September 30, 2013 at 7:01 pm

I think the real question to ask here is, "if they had used chlorine and still had this outbreak, would they still be looking at criminal charges?" We can only do so much to avoid these issues. Farmers are definitely doing much more now than ever before, but if we are still held accountable for illnesses that we have no "real" control over, then how can we continue to farm without worrying ourselves to death? It really scares me!

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Avatar for Rick Melnick Rick Melnick says:
October 1, 2013 at 9:46 am

The entire situation is a tragedy, but it begins with 33 people who lost their lives in this outbreak. It begins with their families who are now left to mourn the people that they love. Let's not lose sight of that. If anyone on this post lost a child under the exact same circumstances, I think they'd be reacting differently. I don't know the Jensens personally but virtually every grower or packer/shipper I have ever known has been a quality individual. There's no reason to think otherwise about the Jensens. I'm sure they are wonderful people who are devastated, emotionally, about the link of their family name and their operation to this tragedy. But there is not enough information here about their HAACP plan or how well it was being followed by their workers. All of that will come out in court. No doubt there is a big difference between intent and negligence, but either one can bring tragic consequences. I pray that the Jensens are exonerated, but also that growers – and certainly there are some out there – who are not as responsible as they should be, will sit up and take notice as a result of this event. To the other 99% of the grower population, thank you for all you do to feed us and to care for our natural resources.

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Avatar for AllenA Harju AllenA Harju says:
October 1, 2013 at 7:50 pm

If it can be proved they did it intentionally, then the do need to be held accountable. However, if it was accidental, they should be accountable for the damages, and monitored for a probation period. After all, accidents do happen and any one of us could be in their shoes at a moments notice.

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Avatar for Lisa Gunn Lisa Gunn says:
October 22, 2013 at 3:40 pm

should maybe get all information and see how much land and water they will lose,and if colorado epa gave his neighbors a green permit,like they give out in montrose colorado pictures going to washington epa

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