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A federal court in Texas sentenced ice cream manufacturer Blue Bell Creameries to pay .25 million in criminal penalties for shipments of contaminated products linked to a 2015 listeriosis outbreak, the Justice Department announced Thursday.Blue Bell pleaded guilty in May 2020 to two misdemeanor counts of distributing adulterated ice cream products.The sentence, imposed by U.S. District Judge Robert Pitman in Austin, Texas, was consistent with the terms of a plea agreement previously filed in the case.“The results of this investigation reflect the determination of the Defense Criminal Investigative Service to hold companies that sell food products to the military accountable and ensure they comply with food safety laws,” said Michael Mentavlos, Special Agent-in-Charge of the DCIS Southwest Field Office. “The health and safety of our service members and their dependents are of paramount importance.”The .25 million fine and forfeiture amount is the largest-ever criminal penalty following a conviction in a food safety case.“American consumers must be able to trust that the foods they purchase are safe to eat,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “The sentence imposed today sends a clear message to food manufacturers that the Department of Justice will take appropriate actions when contaminated food products endanger consumers.”According to the plea agreement, Texas state officials notified Blue Bell in February 2015 that samples of two ice cream products from the company’s Brenham, Texas factory tested positive for Listeria monocytogenes, a dangerous pathogen that can lead to serious illness or death in vulnerable populations such as pregnant women, newborns, the elderly, and those with compromised immune systems.Blue Bell directed its delivery route drivers to remove the remaining stock of the two products from store shelves, but the company did not recall the products or issue any formal communication to inform customers about the potential Listeria contamination.Two weeks after receiving notification of the first positive Listeria tests, Texas state officials informed Blue Bell that additional state-led testing confirmed Listeria in a third product.Blue Bell again chose not to issue any formal notification to customers regarding the positive tests. Blue Bell’s customers included military installations.In March 2015, tests conducted by the Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) linked the strain of Listeria in one of the Blue Bell ice cream products to a strain that sickened five patients at a Kansas hospital with listeriosis, the severe illness caused by ingestion of Listeria-contaminated food.At least three people in Kansas died as a result of the contamination, according to the CDC.The FDA, CDC, and Blue Bell all issued public recall notifications on March 13, 2015. Subsequent tests confirmed Listeria contamination in a product made at another Blue Bell facility in Broken Arrow, Oklahoma, which led to a second recall announcement on March 23, 2015.According to the plea agreement with the company, FDA inspections in March and April 2015 revealed sanitation issues at the Brenham and Broken Arrow facilities, including problems with the hot water supply needed to properly clean equipment and deteriorating factory conditions that could lead to insanitary water dripping into product mix during the manufacturing process.Blue Bell temporarily closed all of its plants in late April 2015 to clean and update the facilities. Since re-opening its facilities in late 2015, Blue Bell has taken significant steps to enhance sanitation processes and enact a program to test products for Listeria prior to shipment.This story was first reported by Anissa Connell at KXXV in Waco, Texas. 3865
A golfer in Colorado is recovering after being gored by an elk over the weekend, splitting one of his kidneys.Zak Bornhoft was at Evergreen Golf Course about an hour west of Denver on Saturday evening. He and his friends saw dozens of elk near the course and thought they would be safe if they kept their distance, according to reports.He tells local media the large elk charged at him while he sat in a golf cart near the 17th hole. The person driving the cart brought him to the clubhouse to get help.The Elk’s antler sliced his left kidney in two. Bornhoft was rushed to the hospital, and treated in the ICU. He is reportedly making a good recovery.Elk are allowed to roam freely in the area of the course, and wildlife officials say attacks on golfers are rare. 773

A group of patients with a rare type of eye cancer called ocular melanoma has researchers and epidemiologists stumped.The cancer, which normally occurs in about six in every 1 million individuals, has been identified in more than 50 individuals around two locations: Huntersville, North Carolina, and Auburn, Alabama. At least 38 of these individuals attended Auburn University between 1983 and 2001, according to a Facebook page for the group of patients.At least four have died of the disease.Juleigh Green was the first person from the Auburn group to be diagnosed with the condition, in 1999. She had surgery to remove her left eye in 2000 and has not had any recurrences since, she says. 700
A female orca whale is still apparently grieving her dead calf and still swimming with its body after more than two weeks, authorities say."It's heartbreaking to watch," said Michael Milstein of the National Oceanic and Atmospheric Administration's West Coast Region. "This kind of behavior is like a period of mourning and has been seen before. What's extraordinary about this is the length of time."The adult -- Tahlequah, or J35 as the whale has come to be known by researchers -- and corpse were last seen definitively Thursday afternoon, 17 days after the baby's birth. The female calf died after a few hours.The mother, preventing the body from sinking to the ocean floor, has been carrying it and nudging it toward the surface of the Pacific off the coast of Canada and the northwestern US.Orcas, also called killer whales, are highly social, and this pod was spotted Friday afternoon near Vancouver, British Columbia.Another struggling female in the same pod -- J50, also known as Scarlet -- was shot with antibiotics to fight an infection, since scientists worry that she has been losing a frightening amount of weight.These are grim signs. The Southern Resident population the females belong to has about 75 members, and has not had a successful birth in three years. In the last 20 years, only 25 percent of the babies have survived. 1352
A chalk art controversy at Cleveland State University is getting national attention online.A group of students created a memorial for the victims of 9/11 on the sidewalks outside the CSU student center. On the morning of the somber anniversary, the university's maintenance crew removed the murals with a power washer.Now CSU and the head of its maintenance department are getting blasted on social media. The comments and reaction have not been good.But what is being lost in the online outrage is that this form of expression is actually not allowed on campus.CSU sophomore Tiffany Roberts pointed out the streaks of color that remain on the sidewalk outside the CSU Student Center Wednesday."So right here, we had two twin towers and it said 'pause,'" said Roberts.She was standing near her project on the morning of Sept. 11 when a crew showed up with a power washer."It was really disheartening to see all of our hard work kind of wash away like that," said Roberts.Roberts, along with nearly a dozen of her classmates, are members of a conservative campus group."Our whole intention was to just honor those people," said Donato Nunez.On Sunday night, they used chalk to pay their respects to the victims of 9/11."I looked through the handbook to make sure it was OK for me to chalk on campus," said Roberts.Roberts told WEWS she didn't see anything about chalk."The only thing I found was that you are not allowed to attach anything to the sidewalks or the pavements," said Roberts.Monday morning, the CSU Director of Facilities Management, who also happens to be Muslim, sent a crew out to wash the artwork away.A handful of conservative websites, along with social media, quickly erupted with outrage, alleging that it may have been politically motivated. "Absolutely disgusted by this!" wrote one Facebook user. "People can desecrate the American flag, people can refuse to stand for the national anthem, they organize Rally's to keep others from using the freedom of speech, and all that's ok... Students work hard in drawing an American flag on Sept 11th, it gets washed away, on the order of an Islamic man, and that's ok! Exactly what's wrong with this country!"Now some members of the conservative campus group acknowledge the rumors got out of hand by social media users who were unfamiliar with the facts. "It just looks so bad, and we didn't want that," said Nunez.Cleveland State said this has nothing to do with religion and it does not allow students to use chalk to express themselves on campus. The crew was just doing its job and following protocol."People were trying to make us look bad, they were just going off facts they didn't know," said Nunez.Roberts met with the VP of Student Affairs hours after the murals were washed away.“At the end of the meeting we both agreed upon that the handbook needs to be changed, and that organizations need to be more aware that this is something that is not allowed on campus," said Roberts.Cleveland State issued the following statement: 3057
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