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Farm owners plead guilty to introducing deadly Listeria into food chain

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Farm owners plead guilty to introducing deadly Listeria into food chain

The two brothers who owned and operated a Colorado farm found to be the source of a 2011 Listeria outbreak pleaded guilty Tuesday to federal charges of introducing adulterated food into interstate commerce.

Approximately 33 people died and 140 others were hospitalized after eating cantaloupe produced by Granada, Colo.-based farm Jensen Farms that was found to be contaminated with Listeria monocytogenes, a poisonous bacteria.

The farm is owned by Eric Jensen, 37, and his brother Ryan, 33.

According to a six-count information filed Sept. 24 in U.S. District Court in Denver by the U.S. Attorney's Office and the U.S. Food and Drug Administration's Office of Criminal Investigation, the cantaloupe “was prepared, packed and held under conditions which rendered it injurious to health” after the Jensen brothers changed their cantaloupe cleaning system in May 2011. The new system, designed to clean potatoes, was modified to include a catch pan to which a chlorine spray could be included to clean the fruit of bacteria. However, the chlorine spray was never applied, and the defendants were aware that their cantaloupes could be contaminated with harmful bacteria if not sufficiently washed, according to the plea agreement.

The U.S. Centers for Disease Control and Prevention tracked the outbreak-associated illness and determined that people living in 28 states ate the contaminated cantaloupe, resulting in 33 deaths and 147 hospitalizations. Further, one woman who was pregnant at the time of the outbreak-related illness had a miscarriage. In addition, 10 additional deaths not attributed to Listeriosis occurred among persons who had been infected by eating outbreak-related cantaloupe, according to the plea agreement and statement of facts relevant to sentencing.

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“The defendants have now admitted that they failed to protect the public from deadly bacteria on their cantaloupe, in violation of the law and critical FDA requirements,” said U.S. Attorney John Walsh, in a statement. “Their actions resulted in tragedy nationwide, and profound economic consequences for an entire industry, and has exposed them to these serious criminal consequences.”

Both defendants have pleaded guilty to six counts of adulteration of a food and aiding and abetting. Each defendant faces not more than one year in federal prison and a fine of up to $250,000 per count. Under the terms of their plea agreement, the Jensens also will be required to pay restitution to the victims.

In response to numerous civil lawsuits seeking millions of dollars in damages as a result of the Listeria outbreak, Jensen Farms filed for protection under Chapter 11 of the U.S. Bankruptcy Code in May 2012. The filing stated that the farm had $4.8 million in revenue in the prior 12 months. The farm also listed $2.1 million in assets and $2.5 million in liabilities.

“According to CDC estimates, roughly 48 million Americans get sick, 128,000 are hospitalized and 3,000 die of food-borne diseases each year. I applaud the U.S. Attorney's Office for the District of Colorado for standing up for the 147 known victims in this case,” said Patrick J. Holland, special agent in charge of the FDA's Office of Criminal Investigations, in a statement. “Prosecutions like this heightened awareness among food growers, processors and distributors and demonstrate the critical role they play in the health and safety of every American.”