Congress Goes to War With FDA Over Warm Water Raw Oyster Ban
The FDA is going to ban
the sale of raw oysters harvested from the Gulf Coast during the warm months. Oystermen oppose the ban, but the FDA says it's necessary to stop people dying from contaminated oysters. The majority of cases of illness come from Gulf Coast oysters that have been harvested during warm weather. Warm water makes bacteria flourish in oysters and each year 15 people die a horrible death from
ingesting the bacteria Vibrio vulnificus. Congressmen from southern states opposed the ban, but the White House is standing firm....so far.
Eating shellfish raw is risky since they can be infected with both viral and bacterial contaminants. The bacteria Vibrio vulnificus is commonly present in oysters, but warm water can lead the bacteria to grow rapidly, so the riskiest oysters come from the Gulf of Mexico during the summer months.
Most people can eat raw oysters contaminated with vibrio without problem. Those with compromised immune systems -- some of whom do not even know they have health issues -- are at gravest risk.
Two-thirds of the nation's oysters are harvested from the Gulf Coast and about 40 percent of them are harvested during warm months. Half of Gulf Coast oysters are eaten raw, but they are largely eaten in the South. Many upscale seafood restaurants north of the Mason-Dixon line refuse to carry Gulf Coast oysters.
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Ms. Bourgeois is Cajun, and her father, James Sartwell, had been eating raw oysters all of his life. Two years ago, he fell ill after eating raw oysters on his 60th birthday at an upscale restaurant near Baton Rouge, La.
His illness, Vibrio vulnificus, blackened and blistered his skin so badly that nurses wrapped his legs and arms in gauze. He suffered terribly before he died, as most victims of the illness do.
"They know that in 2010, 15 people will die like my father did even though there's a surefire way to prevent that?" Ms. Bourgeois asked. "I can't believe that's not illegal. Of course the F.D.A. should step in."
Some Gulf Coast oyster producers process their oysters either by freezing, pressuring, irradiating or slightly cooking them to kill the bacteria. Among them is AmeriPure Oyster Company based in Franklin, La., which sells over 20 millions oysters annually that have been bathed in water heated to 126 degrees.
Processing kills the oysters but not their taste, said Pat Fahey, AmeriPure's co-owner.
"We believe this is the future of the Gulf Coast oyster industry," Mr. Fahey said.
The two sides feel quite strongly about the issue. Those who oppose the ban say that the government is going too far to save 15 lives each year. Others point the fact that others get ill from the oysters, but don't die. And still others say that the answer is pasteurization on site. Raw oysters also can be contaminated with Hepatitis A, if they are found in polluted water.
Right now legislators are crafting legislation to stop the FDA's implementation of the rule.
