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Texas hands Blue Bell potential $850K fine over listeria

Texas fined Blue Bell Creameries for a listeria contamination past year linked to the deaths of three people, but the ice cream maker could end up paying only a fraction of the $850,000 penalty under an agreement announced Friday.

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If Blue Bell follows the terms of the agreement for 18 months, DSHS said the remaining balance of the $850,000 fine will not have to be paid. Three hospital patients who had pre-existing health problems died after eating tainted Blue Bell.

Under the enforcement agreement between Brenham-based Blue Bell and the Texas Department of State Health, $175,000 must be paid within 30 days.

The agreement requires Blue Bell to continue practices mandated by the Department of State Health Services a year ago, such as holding each lot of ice cream until tests for pathogens come back negative.

Seattle food safety attorney Will Marler said Friday that he would not be surprised if Oklahoma and Alabama officials take similar action.

The Blue Bell plant in Texas is under the close scrutiny of state officials for at least the next 18 months.

Blue Bell shut down all operations a year ago and returned to a portion of its former sales territory in a five-phase roll out. One new provision requires the company to begin notifying Texas of any presumptive positive test results for listeria that might have been found on surfaces that come in contact with the food, and not just the food itself.

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In addition, Blue Bell must pledge to give state inspectors full access to its facilities.

Three people died but the company may only end up paying a fraction of that amount