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Beef Recall Forces Topps to Shut Down     Send a link to a friend

[October 06, 2007]  NEWARK, N.J. (AP) -- Topps Meat Co. said a massive meat recall forced it out of business, but government scientists have yet to determine the source of the E. coli contamination that appears to have sickened 32 people who ate its hamburgers.

The investigation continued Friday after the Topps announcement, which the company said will cost 87 people their jobs. To date, the U.S. Agriculture Department has said it found inadequate E. coli safety measures at Topps' only plant, in Elizabeth.  [Caption: Vivian Quinones, a two-year employee,  leaves the Topps Meat Co. plant in Elizabeth, N.J., Friday, Oct. 5, 2007. Topps Meat Co. on Friday said it was closing its business, six days after it was forced to issue the second-largest beef recall in U.S. history and 67 years after it first opened it doors. (AP Photo/Mike Derer)] click on picture for larger image

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"This is tragic for all concerned," said Topps chief operating officer Anthony D'Urso, a member of the family that founded the company in 1940.

The Topps recall - the second-largest beef recall in U.S. history - raised questions about whether the U.S. Agriculture Department should have acted quicker to encourage a recall. On Thursday, top USDA officials said they would speed warnings in the future.

Thirty-two people in eight states had E. coli infections matching the strain found in the Topps patties, the Centers for Disease Control and Prevention reported. None have died.

Topps began recalling frozen hamburger patties that may have been contaminated with the potentially fatal E. coli bacteria strain O157:H7 on Sept. 25. The recall eventually ballooned to 21.7 million pounds of ground beef.

Topps conceded that much of the recalled meat had already been eaten, and on Friday expressed regret that its product had been linked to illnesses. "We hope and pray for the full recovery of those individuals," D'Urso said in a statement.

Topps, which halted production Sept. 26, is not the first meat company shuttered by a recall. Hudson Foods Co. closed its plant in Columbus, Neb., after it agreed in 1997 to destroy 25 million pounds of hamburger in the largest U.S. meat recall after E. coli was found in the ground beef. The plant later reopened with new owners.

Topps faces at least two lawsuits filed since the recall, one from the family of an upstate New York girl who became ill, and one seeking class-action status on behalf of all people who bought or ate the hamburgers. The family of a Florida girl who suffered kidney failure sued Wal-Mart Stores Inc., which is among chains that sold Topps patties. On Friday, the companies again said they will not comment on the suits.

Wal-Mart said that while its Wal-Mart and Neighborhood Markets stores were affected by the recall, Topps products represented less than 1 percent of its meat. "We have not had a problem replacing this supply," spokeswoman Deisha Galberth said.

The closing, or any subsequent bankruptcy, does not derail the lawsuits, said William D. Marler, a lawyer for the family of 8-year-old Emily McDonald, of North Colonie, N.Y. She was hospitalized for two days after eating a hamburger Aug. 17 at a barbecue.

"Bankruptcy will slow the process down, but it does not mean that people will not be compensated," Marler said.

Company spokeswoman Melissa McKay said the company has not declared bankruptcy, but said that could change.

The company had initially recalled 331,582 pounds of its frozen hamburgers on Sept. 25, acting only after the New York State Department of Health issued an alert linking its patties to illnesses.

Topps on Sept. 29 recalled 21.7 million pounds of its frozen hamburgers - a year's worth of production - after further evidence from the New York State Department of Health indicated a wider problem.

D'Urso said that a few employees will remain at the site to help USDA scientists investigate the source of the E. coli outbreak.

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Workers left the plant in small groups Friday afternoon, most carrying personal belongings.

Evelyn Hidalgo, who worked for a year in personnel at the plant, described the mood as "very somber." She added, "Everybody came in this morning like it was a regular day. Then we had a meeting and that was it. It's heartbreaking."

Vivian Quinones, who carried a plastic garbage bag of gear, said she had only worked at the plant two years. "I have to start over again," she said.

The jobs could have been saved if recall insurance was mandatory, U.S. Sen. Sherrod Brown, D-Ohio, said.

"Eighty-seven workers are out of a job because a company could not afford a large recall - recall insurance should not be an option," said Brown, whose legislation would require coverage so distributors can cover recall costs.

The bill would also give the USDA the authority to issue recalls. Currently, the USDA can only recommend a recall to the company to have its products pulled from shelves.

The bacteria, which can be fatal to humans, is harbored in the intestines of cattle and can also get on their hides. Improper butchering and processing can cause the E. coli to get onto meat.

Thorough cooking, to at least 160 degrees internal temperature, can destroy the bacteria.

Topps gets beef parts from slaughterhouses, grinds them, forms the meat into patties and freezes them.

Privately held Topps, which claimed to be the leading U.S. maker of frozen hamburger patties, said it sells its products to supermarkets and institutions such as schools, hospitals, restaurants and hotels.

Not everyone was worried about eating Topps beef.

Employees had a cookout Friday and Topps hamburgers were on the menu, said Archimedes Antigua, 58, who added that workers were assured the meat was safe. "People just don't know how to handle it" through proper cooking, said Antigua, who said he worked there 36 years. "There's nothing wrong with our product."

A full list of the recalled products is available at http://www.toppsmeat.com.

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Associated Press reporter David Porter and Associated Press photographer Mike Derer in Elizabeth, and Associated Press reporter Marcus Kabel in Springfield, Mo., contributed to this report.

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On the Net:

Topps: http://www.toppsmeat.com/

USDA: http://www.fsis.usda.gov/

[Associated Press; By JEFFREY GOLD]

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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