WASHINGTON, Nov. 13, 2009

FDA Backs off Oyster Ban after Backlash

Oyster Sales Were to be Banned in Warm Weather Months

  •  (AP)

(AP)  Facing fierce resistance, the Obama administration on Friday backed off a plan to ban sales of raw oysters from the Gulf of Mexico during warm-weather months.

The Food and Drug Administration said it would put the proposal on hold while it studies ways to make the popular shellfish safer.

The abrupt turnaround came as oyster-lovers and industry officials — as well as Democrats and Republicans across the Gulf — blasted the plan as unnecessary government meddling. Industry officials said it could have killed a $500 million economy and thousands of jobs.

"They might have been tone-deaf in the beginning, but they got the tune pretty quickly and listened to what we had to say," said Sen. Mary Landrieu, D-La., who said FDA Commissioner Peggy Hamburg notified her of the decision Friday afternoon. "I'm really thankful that they listened."

About 15 people die each year in the United States from raw oysters infected with Vibrio vulnificus, which typically is found in warm coastal waters between April and October. Most of the deaths occur in people with weak immune systems caused by health problems like liver or kidney disease, cancer, diabetes, or AIDS.

While the total number of deaths is small compared with the annual estimates of 5,000 U.S. deaths from food-borne illnesses, FDA officials say it is a relatively high frequency that could be easily eliminated by processing oysters through treatments such as pasteurization.

Industry officials argue that anti-bacterial processing is too costly. They also say the treatments ruin the fresh taste and texture of raw oysters, which are considered a delicacy by many, particularly in the Gulf, which supplies about two-thirds of the U.S. oyster harvest.

Mike Voisin, an industry leader and oyster processor in Houma, La., said the FDA's proposal had became "a focal point for people to vent" during a time of pent-up anxiety.

"Who can understand the bailout of Chrysler? Who could read a 1,000-plus page health care bill?" Voisin said. "This they could understand."

Kevin Begos, the director of the Franklin County Oyster & Seafood Task Force in Apalachicola, Fla., said FDA was snowed under by complaints.

"We got 6,000 signatures on our petition in a week and on Facebook we had 7,000 members in one week," Begos said. "We got broad support: restaurants, food lovers and support from people who don't even like oysters who felt that consumers have a right to choose what food they want to eat."

In a statement, FDA said it heard "legitimate concerns" and decided that further studies are necessary to explore the feasibility and costs of new processing requirements.

The oyster industry has been working with regulators for years to improve its safety performance by increasing refrigeration and trying to raise awareness of the hazards to people with weak immune systems.

But the FDA says the results haven't changed much.

The FDA proposal — which was announced last month and had been slated to go into effect in 2011 — would have prohibited sales of raw oysters from the Gulf for much of the year unless the shellfish were treated.

© MMIX, The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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by pluckerup November 14, 2009 11:28 AM EST
15 people in the US die from oysters in a year and the government wants to do something about it? I would love to know how much time and money was wasted on this.
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by I_am_me1953 November 14, 2009 7:34 AM EST
I really enjoy raw oysters on the half-shell.

But, and this I have noticed more and more recently, there needs to be written warnings that raw oysters can cause diseases and it should be consumer beware.

When I was growing up my dad wouldn't let us eat oysters between may and October because of the gulf being too warm and the increased likelyhood of disease. I still follow that advice today.

Hey, its November, better go and find a dozen raw ones today.
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by toldyouso21 November 14, 2009 2:11 AM EST
I too like raw oysters--but there is nothing like being down near the Gulf when the red tide or the flesh eating staph bug or high mercury counts are afoot. What will the public say if people start getting ill or worse yet--dying? then they will bleat about how the government failed to warn or protect them. Imagine--compromising safety for a buck. The love of money IS the root of all evil.
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by dnamj November 13, 2009 7:15 PM EST
Most of the deaths occur in people with weak immune systems caused by health problems like liver or kidney disease, cancer, diabetes, or AIDS.

Seems like those people need to think twice about eating warm water oysters.
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by dnamj November 13, 2009 7:14 PM EST
Most of the deaths occur in people with weak immune systems caused by health problems like liver or kidney disease, cancer, diabetes, or AIDS.

Seems like those people need to think twice about eating warm water oysters.
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by stn_sage November 13, 2009 6:38 PM EST
In short, the FDA appears to be an inefficient, irresponsible, ethically bankrupt-run organization that imperils the public safety as opposed to protecting it!

Please refer to the Genzyme article regarding additional comments of mine on the FDA. Thank you...and have a nice weekend!
Reply to this comment
by burneb November 13, 2009 6:25 PM EST
The article doesn't mention how many people get seriously ill but don't die from untreated Gulf oysters each year. Those numbers are relatively small compared to all food illnesses and deaths, but sizeable compared to the number who actually eat Gulf oysters.

Whenever safety measures are proposed, "INDUSTRY OFFICIALS" (harrumphing and reverent tones here) always say it is too expensive, just like pasteurizing milk was too expensive when first proposed.
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by legacyABQ2 November 13, 2009 7:43 PM EST
yeah but pasteurizing would ruin oysters.. They could irradiate them but people always freak out about that even though it's safe.
by CarlosdelGato November 13, 2009 5:54 PM EST
Alright, FDA - so 15 people die each year from eating raw oysters and you want to ban them for a specific region and time frame?
How many people die from smoking? Drinking? Drug use? Complications from prescription drugs? Lightening? Bug bites? Peanut butter? Licking frogs? Just being stupid?

When to these bans become law?
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