Man who fails breath test wins appeal

A man who failed a breath test won a court case today in the Kansas Court of Appeals.

The case from Wyandotte County District Court was reversed and dismissed by the Kansas Court of Appeals.

The man had appealed a district court order affirming the suspension of his driving privileges for failing a breath test.

A hearing officer in administrative proceedings with the Kansas Department of Revenue had withdrawn the first administrative order that dismissed a suspension against him and then reinstated it for a second hearing.

The man argued that his due process rights were violated, and the separation of powers doctrine was violated.

According to court documents, the man was arrested by Kansas City, Kansas, police officers in July 2016, submitted to a breath test and was found to be above the limit.

An administrative hearing was set for the suspension of the license, but one of the police officers could not attend because he was in the hospital, court documents stated. The officer had notified an attorney of his inability to attend, but the message did not get to the right person before the hearing, according to documents. The matter was dismissed and then reinstated for a new hearing.

Today the appeals court wrote, “A properly served order to dismiss a Kansas Department of Revenue license suspension proceeding is a final order.”

The hearing officer, according to the court, had no authority on his own to reverse a decision dismissing a license suspension hearing once a final order had been entered.

The decision is online at http://www.kscourts.org/Cases-and-Opinions/opinions/CtApp/2018/20180921/118696.pdf.

Ground beef recalled

Cargill Meat Solutions, a Fort Morgan, Colo., establishment, is recalling approximately 132,606 pounds of ground beef products made from the chuck portion of the carcass that may be contaminated with Escherichia coli O26, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced.

The ground beef items were produced and packaged on June 21, 2018.

The products subject to recall bear establishment number “EST. 86R” inside the USDA mark of inspection. These items were shipped to retail locations nationwide.

On Aug. 16, 2018, FSIS was notified of an investigation of E. coli O26 illnesses. FSIS, the Centers for Disease Control and Prevention, and state public health and agriculture partners determined that raw ground beef was the probable source of the reported illnesses. The epidemiological investigation identified 17 illnesses and one death with illness onset dates ranging from July 5 to July 25, 2018.

The Cargill Meat Solutions’ ground beef products were identified following further investigation related to Recall 072-2018, conducted on Aug. 30, 2018, where ground beef products were recalled in connection with the E. coli O26 outbreak.

FSIS’ traceback information indicated that case-patients consumed ground beef products purchased at various retail stores that were supplied by Cargill Meat Solutions.

E. coli O26, like the more common E. coli O157:H7, is a serovar of Shiga toxin-producing E. coli (STEC). People can become ill from STECs 2–8 days (average of 3–4 days) after exposure to the organism.

Most people infected with STEC O26 develop diarrhea (often bloody) and vomiting. Some illnesses last longer and can be more severe. Infection is usually diagnosed by testing of a stool sample. Vigorous rehydration and other supportive care is the usual treatment; antibiotic treatment is generally not recommended. Most people recover within a week, but rarely, some develop a more severe infection. Hemolytic uremic syndrome (HUS), a type of kidney failure, is common with STEC O26 infection. HUS can occur in people of any age but is most common in children under 5 years old, older adults and persons with weakened immune systems. It is marked by easy bruising, pallor and decreased urine output. Persons who experience these symptoms should seek emergency medical care immediately.

FSIS is concerned that some product may be frozen and in consumers’ freezers. Consumers who have purchased these products are urged not to consume them. These products should be thrown away or returned to the place of purchase.

FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers of the recall and that steps are taken to make certain that the product is no longer available to consumers. When available, the retail distribution list(s) will be posted on the FSIS website at www.fsis.usda.gov/recalls.

FSIS advises all consumers to safely prepare their raw meat products, including fresh and frozen, and only consume ground beef that has been cooked to a temperature of 160°F. The only way to confirm that ground beef is cooked to a temperature high enough to kill harmful bacteria is to use a food thermometer that measures internal temperature, http://1.usa.gov/1cDxcDQ. Consumers should take proper precautions when handling raw meat products. Proper hand washing after handling raw meat, poultry and eggs can greatly reduce the risk of bacterial cross-contamination to other foods and kitchen surfaces. It is important to prevent cross-contamination by washing counter tops and sinks with hot, soapy water.

The following products are subject to recall:

• 3-lb. chubs of “OUR CERTIFIED 73/27 FINE GRIND GROUND BEEF” with a USE OR FREEZE BY JUL/11/18 and case code 00228749057646.

• 3-lb. chubs of “OUR CERTIFIED 73/27 FINE GRIND GROUND BEEF” with a USE OR FREEZE BY JUL/11/18 and case code 00228749002653.

• 10-lb. chubs of “EXCEL 73/27 FINE GRIND GROUND BEEF” with a Use/Frz. By Jul 11 and case code 00228749089098.

• 10-lb. chubs of “EXCEL 73/27 FINE GRIND GROUND BEEF” with a Use/Frz. By Jul 11 and case code 90028749002751.

• 10-lb. chubs of “EXCEL 81/19 FINE GRIND GROUND BEEF” with a Use/Frz. By Jul 11 and case code 90028749003536.

• 10-lb. chubs of “EXCEL GROUND BEEF 81/19 FINE GRIND” with a Use/Frz. By Jul 11 and case code 00228749003568.

• 10-lb. chubs of “EXCEL CHUCK GROUND BEEF 81/19 FINE GRIND” with a Use/Frz. By Jul 11 and case code 90028749402773.

• 20-lb. chubs of “EXCEL 81/19 FINE GRIND GROUND BEEF COMBO” with a Use/Frz. By Jul 11 and case code 90028749073935.

• 10-lb. chubs of “Sterling Silver CHUCK GROUND BEEF 81/19 FINE GRIND” with a Use/Frz. By Jul 11 and case code 00228749702416.

• 10-lb. chubs of “CERTIFIED ANGUS BEEF CHUCK GROUND BEEF 81/19 FINE GRIND” with a Use/Frz. By Jul 11 and case code 90028749802405.

• 10-lb. chubs of “CERTIFIED ANGUS BEEF CHUCK GROUND BEEF 81/19 FINE GRIND” with a Use/Frz. By Jul 11 with case code 00228749802413.

• 10-lb. chubs of “Fire River Farms CLASSIC GROUND BEEF 81/19 FINE GRIND” with a USE/FREEZE BY: 07/11/2018 with case code 90734730297241.

For more information, visit https://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2018/recall-081-2018-release.

Storytelling around the campfire planned Saturday at Grinter Place

An evening of storytelling around a campfire is planned at 5:30 p.m. Saturday, Sept. 22, at Grinter Place, 1420 S. 78th St., Kansas City, Kansas.

The event will feature a historical character portrayal of Wilbur Wright, aviation pioneer, by Bill Nicks, the site director of Grinter House.

Pat Spencer of the Grinter Place Friends said the group will furnish hot dogs, and those who attend may roast hot dogs and make s’mores.

The storytelling event is free to the public. Those attending may bring their own lawn chairs.

After the storytelling event, the public may tour Grinter House, the oldest home in Wyandotte County, and the admission charge is $6 for adults and $3 for students.

The next event for Grinter Place will be the Autumn Art event from 10 a.m. to 2 p.m. Oct. 6, Spencer said.

For more information, call 913-334-2500 or visit https://www.facebook.com/Grinter-Place-Friends-Inc-560554977327335/.