The Connecticut General Assembly
OFFICE OF LEGISLATIVE RESEARCH
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January 5, 1994 94-R-0078TO:
FROM: John Kasprak, Senior Attorney
RE: Use of Mist Sprayers in Grocery Stores--Possible Health Hazards
You want to know if there are any health hazards associated with "mist spraying devices" that are used by grocery stores in their produce sections.
OUTBREAK OF LEGIONNAIRES' DISEASE; FDA RESPONSE
On January 9, 1990, the federal Food and Drug Administration (FDA) was notified that an outbreak of Legionnaires' disease in the Bogalusa, Louisiana area had been linked to a misting machine in a local supermarket. There were 34 confirmed cases of the disease and at least two deaths from the outbreak which occurred in October-November 1989. Investigators from the Louisiana Department of Health and Hospitals and the federal Centers for Disease Control made the link between the misting machines and the disease outbreak.
Laboratory analysis of a cultured sample from the mist showed Legionella pneumophila, a bacterial microorganism that can cause the type of pneumonia called Legionnaires' disease or legionellosis. The disease can be acquired by inhaling small droplets of water containing the bacterium. It cannot be transmitted from one person to another. Nor is there evidence that the disease can be transmitted through foods people consume.
Louisiana public health officials said that the mist machine used in the store was connected directly to a water supply line and had a small water reservoir tank. No previous Legionnaires' disease outbreaks had been associated with misting machines.
There are various brands of misting machines with reservoir tanks in retail stores and some, apparently, could provide a medium for bacterial growth.
FDA's model codes to the states specify that retail food outlets maintain plumbing and other equipment in a safe and sanitary condition. After the FDA was notified of the outbreak, it asked state regulatory agencies to notify all retail food stores that reservoir tank-type misting machines used to spray water on produce should be checked immediately, and thoroughly cleaned and sanitized once a week.
FDA's notice to the states in January 1990 urged all retail stores with reservoir tank-type misters to: (1) drain and completely disassemble all water and mist contact parts, (2) brush clean all parts of the reservoir, fog tubing, and discharge nozzles with suitable cleaning solutions, (3) flush the complete system with potable water to remove detergent and any other matter, (4) rinse and swab all parts of the reservoir and other parts with a mild hypochlorite solution, and (5) completely clean and sanitize the system weekly. The FDA did not suggest that use of these reservoir-type produce misters be discontinued.
CONNECTICUT RESPONSE
On January 12, 1990, the Connecticut Department of Consumer Protection (DCP) contacted the large retail foodstore chains in the state about the FDA findings. The department informed the chain stores of the Louisiana situation and also recommended that they review the cleaning and maintenance procedure and establish a cleaning and maintenance schedule in accordance with the manufacturer's sp ecifications.
On January 23, 1990, the state Department of Health Services' Food Protection Program/Environmental Health Section, issued a memo to local health directors and chief sanitarians. The memo provided in part,
You may want to contact your smaller independent retail stores just to apprise them of the situation. It is recommended that you provide this information to your sanitarians for their use in conducting routine inspections. We recommend that you check these units on your inspections. Included in the review should be a determination as to whether or not the procedures outlined by FDA are being followed. It is also an opportune time to determine if cross-connections exist. This is also a good opportunity to let management of these operations know that you are available for consultation regarding new equipment and new procedures.
JK:pa