Lawmakers are calling for justice and federal action for victims of a deadly listeria outbreak tied to a Virginia Boar’s Head processing facility,
In late July, Boar’s Head recalled a combined 7.2 million pounds of product after traceback data found that liverwurst made at its Jarratt, Virginia plant was connected to a listeria outbreak.
As of Sept. 23, 59 people have been hospitalized with the outbreak strain, according to the Centers for Disease Control and Prevention. So far ten deaths have been linked to the outbreak as well. CDC reported the tenth death Wednesday.
“Boar’s Head must be held accountable, those impacted by this crisis deserve more than an apology, they deserve justice,” Sen. Richard Blumenthal, D-Conn., and Rep. Rosa DeLauro, D-Conn., wrote in a letter to USDA and the Justice Department. DeLauro is the top Democrat on the House Appropriations Committee.
Inspection records released after the recall began revealed the plant associated with the outbreak had a history of food safety issues, including 84 violations between June 2023 and this August. Inspectors reported finding mold, rusted equipment and insects at the facility.
USDA also issued a suspension notice to the company, noting “inadequate controls” and sanitation that could have allowed bacteria to spread through the Jarratt, Virginia, facility.
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Boar’s Head has indefinitely closed the plant and permanently discontinued liverwurst after an internal investigation found the cause of the listeria was a specific production process unique to the facility and product. All items made at the facility have also been recalled.
Lawmakers said in the letter it was “baffling” that the agency failed to recognize the “blatant pattern of violations” or move to enforcement when Boar’s Head officials didn’t take adequate corrective actions.
“It is painfully clear that by choosing not to aggressively ensure that safety standards were being followed, the USDA failed to uphold its congressional mandate,” the lawmakers wrote.
They continued to urge USDA to work with DOJ to decide whether to bring criminal charges against Boar’s Head. If charges lead to a consent decree, they suggested civil penalties for future infractions, enhanced product and contact surface sampling for listeria, greater sanitation commitments from the company, third-party audits and any additional appropriate remedies.
USDA should also initiate reforms to prevent similar situations at other facilities, the lawmakers wrote. This includes strengthening regulations requiring establishments test for listeria in processing. Lawmakers also suggested increased agency testing, mandatory testing by establishments of final products, reporting requirements and automatic triggers to escalate penalties for companies with a pattern of noncompliance.
A USDA spokesperson said in an email that the agency shares Blumenthal and DeLauro’s concern for public health and corporate accountability.
“Any death, any hospitalization, related to foodborne illness is one too many,” the spokesperson continued. “We are taking this public health matter very seriously, and an investigation into this matter remains underway and ongoing.”
This investigation includes looking into the factors that led to the outbreak, and an in-depth look at other Boar’s Head facilities. Additionally, USDA is examining state inspection models and what policy changes may be necessary to prevent oversight gaps.
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