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been consumed long before a recall was effected.
The Easthams questioned the validity of the test results because of a number of apparent deficiencies in sample taking and processing. The Code of Virginia dictates that three samples be taken of any product to be tested: one of the samples is then to be returned to the producer or other responsible party; one is to be analyzed; and the third is to be held under seal by the Commissioner of the department.
This code section was not complied with by DACS and, given a subsequent problem in the DACS laboratory, the sealed sample could have been used to validate laboratory results—the laboratory test report indicated that a lab technician dropped and broke the Listeria-laden control sample, and it is not impossible that this breakage resulted in the contamination of the sample cheeses.
There is also ongoing litigation between the Commonwealth and goat dairies that refuse to pasteurize their products. The Easthams, though they are not among those who do not pasteurize, might also have been victim of litigation spill-over.
See RECALL, Page A8
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