Federal Inspectors Found Antibiotics in Beef ‘Raised Without Antibiotics.’ They Took No Action

Last August, the U.S. Department of Agriculture’s Food & Safety Inspection Service, the federal team responsible for ensuring the safe and accurate labeling of the commercial meat supply, issued letters to several dozen meat producers to inform them of antibiotics detected in beef. This isn’t an unusual finding — antibiotics are widely used on industrial animal farms — yet the meat sampled was on track to be sold as “antibiotic-free,” “raised without antibiotics” or a similar label promising that the animals were never administered antibiotics.

These letters, recently obtained by the advocacy group Farm Forward through a Freedom of Information Act request, reveal that the world’s largest meat producers — JBS, Cargill, and Tyson — raised cattle that tested positive for antibiotics prohibited under USDA-approved labels advertising the beef as free of antibiotics.

“This strongly suggests that the US antibiotic-free beef supply is deeply contaminated and deeply deceptive to American consumers,” Andrew deCoriolis, the executive director of Farm Forward tells Sentient.

The USDA’s Food & Safety Inspection Service found that 20 percent of the samples under this label tested positive for antibiotics, raising questions about how widespread mislabeling is in the U.S. commercial beef supply. These findings were announced last August, but the names of the companies which tested positive for antibiotics were not made publicly available until recently, as part of a new report released by Farm Forward questioning the validity of this popular label.

“It does seem to violate the nature of the label,” says Keeve Nachman, the associate director of the Johns Hopkins Center for a Livable Future. Nachman is not concerned about immediate health impacts — consuming antibiotic residue does not cause an immediate illness, but contributes to the rise of antibiotic resistant bacteria — though he is concerned about the broader lack of transparency around antibiotic use on farms and how that contributes to longer-term antibiotic resistance in humans and animals.

These faulty labeling practices result in a “mischaracterization of the magnitude of antibiotics being used in agriculture,” Nachman says. It’s been estimated that 70 percent of medically-important antibiotics sold in the U.S. — those used to treat human infections — are used to produce meat, dairy and other animal-sourced products. The difference between what’s presented on labels and actual use means the public may not understand the urgency. “It is going to mean that we don’t have the full appreciation of the pressure our agricultural industry puts on the ability of those drugs to resolve human infections,” says Nachman.

The World Health Organization calls antimicrobial resistance “one of the top global public health and development threats,” responsible for millions of deaths every year. The problem is only going to get worse, according to public health experts. The misuse and overuse of antibiotics — both in humans and farm animals (who often receive the same antibiotics) — leads bacteria to develop more resistant genes that then fail to respond to the medically necessary use of these drugs.

The USDA’s Food & Safety Inspection Service (FSIS) sent a total of 27 letters to offending meat companies, advising them to “conduct a root cause analysis to determine how antibiotics were introduced into the animal and to take appropriate measures to ensure future products are not misbranded.” FSIS sampled between one and four cattle carcasses per processing facility, which were randomly selected as part of a 2023 initiative. In the letters, FSIS stated that it would “not take immediate enforcement action in response to individual test results.”

“USDA is continuing to review policies and actions taken by the previous administration,” a FSIS spokesperson told Sentient in an e-mail, in response to questions about whether they intend to take any follow-up enforcement or policy actions. “FSIS remains committed to ensuring the safety of the nation’s food supply and protecting public health.”

deCoriolis points to the USDA’s lax oversight of this voluntary certification program, which requires that companies submit documentation to receive the USDA’s approval for use of this label. The USDA relies on self-reported information to validate these and many other claims, including humanely-raised and free range claims.

Meat brands are required only to submit written statements attesting to their process for ensuring antibiotics are not part of their meat supply chains. As deCoriolis sees it, the certification process is vulnerable to exploitation — companies can charge a higher price for meat sold as antibiotic-free but there is not enough oversight to ensure compliance.

“Despite the USDA knowing that this label claim is, in many cases false, they continue to approve the label without requiring testing to verify the claim,” continued deCoriolis. ”From our perspective, this is the USDA deliberately maintaining labeling policies that allow meat companies to mislead the public. And the effect of that is the USDA is giving meat companies a consumer liability shield to protect them from consumer protection laws.”

The Federal Meat Inspection Act (FMIA) and Poultry Products Inspection Act (PPIA) set the federal legal frameworks for meat and poultry product labeling, which refers to the language on the back or front of meat packaging in grocery stores. Previously, courts have held that if the manufacturer’s labels are approved by the USDA, they can be legally used for advertising — effectively giving the USDA the final say on what winds up on meat labels.

Following these test results, the USDA updated its guidelines to “strongly encourages the use of third-party certification to substantiate animal-raising or environment-related claims,” but the agency fell short of actually requiring third-party verification. The updated guidelines were announced in August under President Biden’s administration, and there has not been any further action in this vein under USDA Secretary Brooke Rollins.

Sentient reached out to every meat producer that received a letter to see if they had followed the USDA’s recommendations in conducting a root causes analysis to determine how antibiotics entered their food supply, or any other additional measures.

According to FSIS’s letter, inspectors identified monensin — an antibiotic that is banned in the European Union as a growth promoter in farm animals — in animal carcasses sampled at Swift Beef Company in Greeley, Colorado, a subsidiary of JBS USA, one of the largest meat companies in the world. JBS USA claims beef sold under its Aspen Ridge brand come from cattle that “have never received growth promotants of any kind.”

In an e-mail to Sentient, Nikki Richardson, JBS USA’s Head of Corporate Communications, wrote that “the product impacted in this instance was identified at the facility and never made it into the food supply.” She also wrote that JBS USA conducted an audit following this incident. No evidence of either statement was provided. Sentient asked if the company would be willing to provide Sentient with “the results of the audit, for the sake of consumer transparency,” but Richardson did not reply.

Similarly, FSIS detected monensin in an animal carcass at a Cargill facility in Fort Morgan, Colorado and tulathromycin (used to treat bovine respiratory illnesses) at a separate Cargill facility in Wyalusing, Pennsylvania. Chuck Miller, the global external communications lead for Cargill, replied that the company has not violated any regulatory requirements.

“Cargill complies with USDA and FSIS regulatory requirements to ensure safe and compliant products enter the market,” stated Miller, in an email to Sentient. “I would also like to reinforce that there has been no evidence that meat with antibiotic residue levels in excess of regulatory standards entered the food supply.”

Tyson did not respond to a request for comment. However, Tyson has scaled back on its previous pledge to raise beef without antibiotics, following previous public scrutiny of these labeling claims. 

There are shortcomings to FSIS’s testing program. The tests performed didn’t distinguish between selective antibiotic use to treat an illness and constant low-dose exposure to antibiotics administered directly into the animals’ feed. While both are prohibited under the labeling program, the excessive, chronic use of antibiotics poses a much more serious risk to public health, contributing to the development of antibiotic resistance. 

“If a cow is selectively treated for penicillin two years ago and gets harvested, that’s one thing. But if it’s been constantly exposed to a drug, over and over again, leading up to 30 to 60 days prior to the time it was harvested, that’s going to be a whole other level of residue,” says Marshall Bartlett, the co-founder of Home Place Pastures, a cattle and pig farm and processing house in Como, Mississippi. FSIS’s letters don’t indicate the level of residue. 

FSIS found that one of Bartlett’s cattle tested positive for penicillin, which is commonly used on small farms to selectively treat illnesses. He performed the root cause analysis as recommended, tracing it back to a nearby producer who sells him cattle, who forgot to tag that animal to indicate that it could no longer be sold under the labeling program. “The producer was very apologetic and understood,” says Bartlett. 

Out of all of the meat producers, Bartlett is the only one who said he performed this analysis and was willing to share the results. He hopes that the USDA expands and refines its testing for antibiotics use. “As far as we’re concerned, we’re really committed to transparency and figuring this out, trying to be an advocate for local farmers in our supply chain,” he says.