Opinion: Listeria outbreak linked to a Boar's Head plant is an example of why regulation without consequences fails

The Boar's Head deli-meat listeria outbreak that left nine people dead and many others sick may have been surprising to some; however, as Zeynep Tufekci points out in her opinion for The New York Times, perhaps "Americans should also pause to ask, 'How does this not happen all the time?'. . . Department of Agriculture inspection reports from a Boar’s Head plant in Jarratt, Va., make it clear that the failures are inexcusable."

USDA inspectors issued "repeated citations for noncompliance with crucial rules like avoiding dripping or standing water (which can facilitate listeria growth)," Tufekci writes. The number of citations, which recorded everything from dead 'cockroach-like bugs' to black mold spots, means little if companies face zero consequences for dangerous conditions. "So far, there have been no enforcement actions against Boar’s Head in the past year, despite these reports. It is unclear what penalties, if any, the company will face."

Section of USDA non-compliance reports from the Boar's Head plant in Virginia. (USDA via NYT)

This outbreak should remind Americans that while food regulations can seem overbearing, keeping mass-produced food safe is not easy. Listeria is a particular concern for inspectors because the deadly bacterium "can survive refrigeration and freezing," Tufekci adds, "Our food is kept safe quietly, day after day, because of extensive regulations born of experience and science. Eagle-eyed inspectors who notice even the tiniest bit of misplaced raw meat can save lives."

This listeria outbreak and deaths are extreme examples of what can happen when companies don't comply with USDA safety regulations. But it is a reminder that "regulations don’t work without accountability," Tufekci writes. "When companies shirk their responsibilities, swift consequences should kick in, before someone dies or falls ill." For now, that is not the case. Instead, Boar's Head is facing numerous lawsuits from people who fell ill or from the loved ones of those who died from eating listeria-tainted Boar's Head meat.