United States Patent r191 [ti] Patent Number: 4,798,729 Anders et al. [451 Date of Patent: Jan. 17, 1989 [54] METHOD FOR DELAYING CLOSTRIDIL'M Is61 References Cited BOTULINUM GROWTH LF!FtSH AND U.S. PATENT DOCUMENTS POULTRY 3,658,551 4/1972 Bundur et al. ...................... 426/332 [75] Inventors: Robert J. Andem, Middleton; John G. 3,852,486 lUl974 Walker er al. .................. 426/332 X Cerveny; Andrew L. Milkom!d, both 3,934,044 [/I976 Busch et al. .................... 426/332 X of Madison, all of Wis. 4,011,346 3/1977 .. ........................ Emst 426/332 X 4,075,357 U1978 Szezesniak et al. ............... 426/332 4,212,894 711980 Fr-en et al. ..................... 426/332 4,262,027 4/1981 Toiiner et al. .................. 4261332 X [73] Assignee: Oscar Mayer Fwds Corporation, Madison, Wis. OTHER PUBLICATIONS Krol, "Meat Products", Voediogsmiddelen-Technolo- pie, 1972, pp. 157-158. fimv Emminer-Arthur L. Corbin Attorney, Agent, or Firm-JosephT. Harcmik; Daniel 3. Donovan f571 ABSTRACT ThQ invention pertains to poultry or fish foadstufh wherein lactate salt is added in an amount effective to delay Chstridium betulinurn growth. 11Claims, No Drawings [21] Appl. No.: W,769 [22] FiIed: Nov. 13, 1987 Related US.AppUatioa Data [631 Continuation of Ser. No. 808,319, Dec. 12, 1985, aban- doned. [Sl] ht. ......................... ............ AUB 4/14 rs21 us.a.................................. 426/326; 426D32; 426/532 [SSl Field of Search ...............426/332, 264,265, 268, 426/532, 325, 326, 412 Exliibit "U" ,& I poultry includes meats such as turkey and chicken. This METHOD FOR DELAYING CLOSTRIDiUM invention is particularly useful when the f& or poultry BOTULINUM GROWTH IN FISH AND POULTRY is ~ackaeed in anaerobic conditions such as oackaeed &ole &at or when the fish and poultry is ;rackaged Thjs application is a continuation of application Ser. J with other foodstuffs such as refrigerated meals and No. 808,319, filed 12/12/85, now abandoned. soups. The lactate salt employed in this invention includes BACKGROUND OF THE INVENTION salts such as sodium lactate, calcium lactate, potassium 1. FIELD OF THE IhVENTION lactate and ammonium lactate. Preferably the lactate This invention relates to poultry and fish foodstuff 10 salt is sodium lactate. The lactate salts are employed in containing lactate salt in amounts effective to delay amounts effective to delay Ctostridium botulinum Clostridium boruiinum growth. growth. The amount of a lactate salt effective to delay 2. DESCRIPTION OF THE PRIOR ART botulinum growth can be determined by a simple ahu- The preseivatiou oFfoo&tuff has many aspects. For sive temperature test procedure. example, it hasbeen suggested to add sodium lacfate to 15 Foodst& that are to be protected by the lactate salt meat produots, such as ham and sausage at levels of are stored at 80" F. A control is utilized wherein no approximately I to 3%. It is suggested that the sodium lactate salt or other Clornidium botulinum delay agent is lactate lowers the a,of the foodstuff and has a hacterio- used. The product is then treated with levets of lactate static effect which results in a better shelf life during salt. The products are analyzed at various time periods. refrigeration, a possibility of storage without refrigera- 20 The levels of the lactate salt which delay the toxin tion and a possibility of lowering the sodium chloride formation compared to the contmi are amounts which content of the foodstuff resulting in a better taste with- are effective for delaying the Closfridium botulimum out the decreased shelf Bfe. Sodium lactate, however, growth. has not been suggested as an agent for controlling or In general these amounts range from about 1 to about delaying Clostridium botulinum growth. 25 7% lactate salt and preferably are in the range from The need to control Clostridium botulinum occurs in about 1.5 to 3.5 lactate salt. foodstuffs such as meats and poultry which an:pack- The lactate salt may be incorporated into the food- aged and cooked, hut not sterilized, in anaerobic plastic stuff by a wide variety of procedures. For example, the harrier packages. Under temperature abuse, CIosnidiurn lactate salts may be added into the foodstuff either in a botulinlrm may grow and produce toxin. Injury to hu- 30 concentrated form or as a solution such as an aqueous mans resulting from this bacteria has been relatively solution. The lactate salts may be mixed directly into rare since there are various means for preventing its the foodstuff or may by injected into the foodstuff uti- growth. For example, high temperature processing of lizing injection needles. foodstuffs prior to packaging or after packaging will After the lactate salts are ndded to the foodstuff the destroy the Cfosnidium botulinum Other means for 35 foodstuff may be packaged in anaerobic plastic barrier controlling the Clasm'dium borulinum have been to packages and then heated to temperatures sufficient to refrigerate the foodstuff and to add agents such as so- cook the foodstuff hut not sufticient to sterilize the dium nitrite to foodstuff such as bacon. The sodium foodstuff. Cooking the foodstuff below sterilization nitrite while delaying the growth of Closrridium botuli- temperatures is desirable for the quality of the cooked num also forms a durable red pigment in the meat. This 40 foodstuff but Closrridium boruli~um may later gmw if red coloring is desirable in many foodstuffs such as pork temperature abused. The added lactate salts will, how- and beef products but is undesirable in other products ever, delay Clortridivm borulinum gmwth. Other pro- such as poultry and fish. cessing means may also be used such as cooking the While the control of food Clostridium botulinum has foodstuff with the lactate salt added and then oackae- . ken s~iccessful.t: 1s deslred to find 3ddniund cnetl~ods :I :ng. In rhlr procrrs thc cunurrn* for Clo,rridium bu~uli- ofcontrolling Closrndium botu1,num ulthaut occurring num growth are leiser~rd but the added I~cralr >air 15 bide effrwts such 3s red colonng delcnbed above. cffcct~vefur delajlng Clorrndium borulinurn gruwth. It has also been found that while the lactate salts SUMMARYOF THE INVENTION delays the growth of Clostridium botulinum they do not The invention relates to a method for delaying Clo- 50 add any coloring to the meat such as a red colo&g. stridium botufinum growth in a foodstuff selected from While the lactate salts may be added as sole agent for the group wnsisting of fish and poultry, the method delaying Clostridium boruiinum, the lactate salts may be consisting essentially of: added in combination with other agents which delay (a) adding a Lactate salt to a fresh foodstuff selected Clostridium botulinum powth such as sodium chloride from the gmup consisting of ftsh and poulwy, said lac- 55 or sodium nitrite. In such cases the amount of lactate tate salt being added in an amount of about 1% to about salts added will be reduced and the effective amount of 7%; lactate salt will be the amounts which delay Clostridium @) cooking the foodstuff at high humidity to a tcm- botulinum in combination with the other growth delay- prrature sufficient to cook the foodstuff but not suffi- ing agents. cient to steriiize the foodstmff; hO The following examples are funher presented to de- (c) cooling the cooked foodstuff: and scribe the invention, but it is to be understood that the (d) packaging the cooked foodstuff in a plastic barrier invention is not to be limited to the details described package. therein. DETAILED DESCRIPTION OF THE 65 EXAMPLE I INVENTION In these examples, a turkey batter was prepared by The foodstuffs included in this invention are non-red grinding turkey breasts and mixing salt at 1.4 wt % and meat foodsluff such as fish and poultry wherein the phosphate at 0.+9 wt %. Clostridium botulinum spores 3 were added to the turkev batter. The hatter was divided mto aliquots. Some oP the aliquots were desagnated controls, and no sodmm lactate was added. To the other aliquots were added sodium lactate in varying amounts as indicated in Table I below. The inoculated aliouots 5 ucrc iacu-m ~ackagci.m d uater ;>nkr.J to tn :nter- nal .cmpursturc oi :6D' F. Tk.c cooked :urkq prcdu;:; wcrc :hen cooled :o aU' F 2nd lnccbarcd at rhxr lem. perature. Periodically; the product was removed and tested for toxin. The results of the test are shown in l0 Table I. 'I'.AHLE I E.!LYC ,r SOd~umLI~U~C .r cn C ~ u , ~ . m r m 13 lbs. of water is introduced to the oven through atom- izing nozzle% along with &over a ~eriod of 45 minutes. The- turkey breasts are then removed from the oven, chilled and packaged. Weclaim: 1. A method for delaying Closrridi*m botnlinum growth in a foodstuff selected fmm the group consisting of fish and poultry, the method consisting essentially of: (a) adding a lactate slat to a fresh foodstuff selected from the group consisting of fish and poultry, said lactate salt beine added in an amotlnt of nhoi~t ... 1% . ~~~ ~~ ~ -~ - to nbour 7%; (bi cook~ne the foodstllfl ;u high hurnidlty :o s :em- - Tcm~er~:u.r . ~ b u i r a*!" ?urkc) .. peralure suficienr to cook !hr foodsruf! but nc: pncmt ~acmtc 2 0 (Gatrol) O/Ss 2.0 o/s 2.5 0/5 3.0 0/5 o/5 3.5 D B ~ Sat SO' F. o 5 7 8 9 10 f/s z/s 5,'s 0/5 M S/S 0/5 O/S :$: 22if 52i5 " sufficient to sterilize the foodstuff; (c) cooling the cooked foodstuff; and (d) packaging the cooked foodstuff in a plastic barrier package. 2. A method according to claim 1wherein adding said lactate salt is effected by injecting the lactate salt into said fwdstuff. 3. A method accordinn to claim 1wherein the food- - Stuff comprises poultry. 4' A method according wherein the stuff comprises turkey. 5. A method according to claim 1 wherein the lactate salt is in an amount from about 1.5% to about 3.5%. 6. A method according to claim 1wherein the lactate novmbrio t m x i ~rampievnvmixr o~-p,a eraminut. From these results it is clear that sodium lactate added at the amounts indicated delays the growth of Closfrid- 25 ium botulinum. EXAMPLE II din^ to this 1 , ibs.~ of fresh nim weight percent of 2.5% sodium lactate. The turkey breasts range from about 2.5 to about 3.75 ibs. The tmkey breasts are injected with a brine solution corn- prising the following: 69.50% water; 22.49% sodium lactate syrup (60% sodium lactate; 40% water); 6.16% 35 salt and 1.85% sodium phosphate, For each pound of turkey breasts there is injected 0.2274 lbs. of brine using a Townsend Model 1400 type injector. The turkey breasts are placed on a rack in a oven and turkey breasts arc injected with sodium lactate at a 30 salt is selected from the group consisting of sodium lactate, caicium lactate, potassium lactate and ammo. nimn factate. 7 A method according to claim 6 wherein the lactate salt comprises sodium lactate. 8. A method according to claim 6 wherein the lactate salt comprises calcium lactate. 9. A method according to claim 6 wherein the lactate salt comprises potassium lactate. 10. A method according to claim 6 wherein the lac- cooked at high humidity at 160' F. dry bulb, for 2 hours qg tate salt comprises ammonium lactate. and then at 170' F. dry bulb, until the internal tempera- 11. A method according to claim 1 wherein the food- ture of the turkey breasts is 155' F. (approximately 15 stuff is cooked to an internal temperature of up to about minutes). The oven is turned off, but not opened and a 160' F. solution of 2 Ihs. of a commercial caramel powder and . * * . * 45 UNITED STATES PATENT AND TRADEMARK OFFICE CERTIFICATE OF CORRECTION PATENTNO. : 4,798,729 DATED : January 17, 1989 INVENTOR[S) : Robert J. Anders, John G. Cerveny; Andrew L. It iscenified that error appears in the above-identified patent and that said Letters Patent is hereby corrected asshorn, below: Column 4, Claim 11, line 42, delete "up to". Signed and Sealed this I Twenty-ninth Day of May, 1990 1 HARRY F. MANBECK, JR. I US004798729Bl IWEXAMINATION CERTIFICATE (2366th) United States Patent [III BX4,798,729 rt91 Anders et d. [45] Certificate Issued Aug. 30,1994 [54] METHOD FOR DELAYING CLOSTRIDIUM BOTULLNUM GROWTH IN FISH AND FOREIGN PATENT DOCUMEhTS POULTRY 59-375870A 10/19&i Japan OTHER PUBLICATIONS [75] Inventon: Robert J. hder%Middleton; Jac. be,S. H., a at., "Facton Affecting Inhibition of Clo- -SAomer both stridinrn botulinum in Cured Meau," J. Food Sci., of Madison, aU of Wis. 43(5):1371 (1978). &&, ~nc.;s "citizen Petition" to the FDA, May 22, [73] Assignee: Ospr Mnyer Fmds Corpomtion, 1998. Madim, Wis. Reid, T. F., "Lactic Acid and Lactate in Fwd Rod- ucu," Food Manufacturing (Oct., 1969). Reexamiaatioa Request: Tornokin. R. B. et al.. "Causes of Variation of Cured No. 9O/W3,lM, Jun. 23, 1993 ~ e & ? lied and Environmental Microbiology 35(5):886. Reexambtio~~ M a ~ sM. R., "Sodium Lactate Delays Toxin Produc- CaWiate for: Patent No.: 4,798,729 tion by Clastridium botulinum in Codr-&Bag Turkey Issued: Jan. 17,1989 Products," Applied and Environmental Microbiology, Appl. No.: 1244769 55)9f"2226 (1989). Filed: Nov. 13, 1987 Troller, 1.A, and Christian,J. H. B. Water Activity and Fwd, Academic Presr f 19781 oo. 86-89. 45 F&. Reg. 32324 ( ~ i y 16; i480). Certificate of Correction issued May 29, 1990. 49 Fed.Reg. 35366 (Sep. 7, 1984). 45 Fed. Reg. 10317 (Feb. 15, 1990). 58 Fed. Ree. 4067 (Jan.13. 1993. Related U.S. Applieabiaa Data C.F.R. ~eczon 1.32'~ffida;it by Dr. M. R. Maas, Paper 1631 Continmionof Ser.No. 808.319, Dec, 12, 1985, *ban. No. 4 to Ser. No. 809,319. doned. 48 Fed.Reg. 8086 (Feb. 25. 1993). 50 Fed.Ree. 6252 Web. 14. 1985). by Dr. Lee [51] Int Cl.' .................... ................... AZ3B 4/14 "Dectarati& in of ~ e e ~ t i o n , " [521 US.Cl. .................................. 426'326; 426/332; N. Chcistiansen Jun. 21, 1993. 426/532 Angersbach Dr. H., Systematische mikrobiologische (581 Field of Sex& ...............4261264, 265, 268, 325, ~~&ho$e~Y~~t~T~~~",'"en~rV&~rn~f 426/326' 332' 412' 532 KO. 2/1971, pp. 205-210 (translation included). [561 References CiIed Primary Examiner-Arthur L. Corbin US. PATENT DOCUMENTS 1571 ABSIIULCl' 4,285,980 8/1991 Lewis ................................. 426/249 This invention pertains to poultry or fsb fmdmffs 4,421,823 12/1983 Thdreo ............................... 428m9 wherein lactate salt is added in an amount effective to 4,592.892 6/1986 U- et 81. ............................422/28 delay Clostridinrn botulinum growth. REEXAi%Eh'ATION CERTIFICATE AS A RESULT OF REEXAMINATION, IT HAS ISSUED UNDER 35 U.S.C. 307 BEEN DETERMINED THAT: 5 The patentability of claims lrll is confumed. NO AMENDMENTS HAVE BEEN U D E TO * . * * . THE PATENT United States Patent r191 Anders et ;ll. [54] METHOD FOR DELAYING CLOSTRIDIUM BOTULINU2U GROWTH 1% FISH AND POrnTRY - [75j Inventors: Ruberr J. hders, Middleton; John C. Cerveny; Andrew L,Milkowslti, both of Madison, all of Wis. [73] Assignee: Osear Mayer FoodsCorporation, Madison, Wis. [ * 1 Notice: The portion of the term of this patent subsequent to Jan. li, 2006 has been disclaimed. [21] Appl. No.: 287,252 [22] Filed: Dee. 20, 1988 Related U.S. Application Data [63] Continuation of Ser. No. 120,769,Nov. 13, 1987, Pat. No. 4,798,729, which is a continuation of ser.NO. 808,319. Dee. 12. 1985, abandoned. (511 Int. CI.' A23B 4/14 1521 U.S. a. 1;426/325: 26/332; 426/532 [58] Field of Search ............... 426/332, 264, 265, 268, 426/532, 325, 326, 412, 281 [II] Patent Number: 4,888,191 * 1451 Date of Patent: Dee. 19, 1989 [56] References Cited US. PATENT DOCUMENTS 3,658,551 4/1972 Bundus et ai. ...................... 426/332 3,852,486 !?/I974 Waikei et ai. .................. 426,332 X 3,934,044 l/i976 Busch et 4,011,346 3/1977 Emst 4,075,357 2/!978 Szez 4,212,894 7/198O Franzen et 4,262,027 4/1981 Tonn 4,798,729 )/I989 Anden et ai. ...................... 426/326 OTHER PUBLICATIONS Patent Abstracts of Japan, vo1.9, No. 32 (C-265) [1755], 9th Feb. 1985; and JP-A-59 175 870 (Shiyouwa Sangyo K.K.) 04-10-1484. Purac Inc., "Lactic Acid and Lactates", pp. 10 & 11. C. V. Chemie Combinatie Amsterdam C.C.A., 2 pages. Krol, "Meat Products", Voedingsmiddelen Technoio- gie, 1972, pp. 157-158. Prima'y L.COrbin Attorney. Agent. or Firm-Joseph T. Harcarik [571 ABSTRACf This invention pertains to poultry or fish foodstuffs wherein lactate salt is added in an amount effective to delay Clostridium bofulinum growth. 11Claims, No Drawings w~th other foodstuffs such as refrigerated menis and METHOD FOR DELAYING CLOSTRIDIG'W soups BOTULIIVUMGROWTH IN FISH AND POULTRY The lactate sait empioyed In thzs Invention Includes salts such as sodium lictate, calcium lactate, potassium This is a c&ntinuation of appiication Ser. No. 120,769, 5 lactate and ammonium lacurte. Preferably the iactate filed 11/13/87, now U.S. Pat. No. 4,798,729, which is a continuation of Ser. No. 808,319, filed 12/12/85 now abandoned. OF THE IhVENTZoN 1. Field of the Invention This invention relates 10 poultry and fih foodstuff containing lactate salt in amounts effective to delay Closuidium botutinum growth. 2. Description of the Prior Art The preservation of foodstuff has many arpects. For example, it has been suggested to add sodium lactate to meat products, such as ham and sausage at leveis of approximateiy 1 to 3%. It is suggested that the sodium salt is sodium lactate. The lactate salts are employed in amounts effective to deiay Closiridium hotuiinum growth. The amount of a lactate salt effective to delay botulinum growth can be determined by a simple abu- I0 sive temperature test procedure. Foodstuffs that are to be protected by the lactate salt are stored at 80' F. A control is utilized wherein no lactatesaltorother Clostridium bo!ulinumdelay agentis used. The product is then treated with ievels of lactate 15 salt. The products are analyzed at various time periods. lactate lowers the a,of the foodstuff and has a bacterio- 20 static effect which results in a better shelf life during refrieeration. a oossibititv of storace without refrieera- - . . " lion md 1 pcss:biIiry ui loaenng rhr rodium ch:ondc ;Jnrmr uirhc i w d ~ ~ < f resulung in 3 brlrrr l&lr wlrh- our !he dr:.rense& shelf llfc Scd~um :acu!e, howeve:. 2 5 has not been suggested as an agent for controlling or delaying Cloriridium botvlinum growth. The need to control Clortridizm botulinum occurs in foodstuffs such as meats and poultry which are pack- aged and cooked, but not sterilized, in anaerobic plastic 30 bamer packages. Under temperature abuse, Cla~fridium bonilinum may grow and produce toxin. Injury to hu- mans resulting from this bacteria has been relatively rare since there are various means for preventing its The levels of the lactate salt which delay the toxin formalion compared to the control are amounts which are effective for delaying the Closfridium borulinum growth. In general these amounts range from about 1 to about 7% lactate salt and preferably are in the range from ahout 1.5 to 3.5 lactate sslt. 1'11~!ac!zre sdlr tncu tl~zfood- amy be ~ n x > q ~ > ~ a : e d iruffbg a wde \ar:eiy ~f proczl'ure,. kc,: c\~m;llc, !iw lacure ralrs rnJv bc added inra rhc fud,ruif eirher ir a concentrated form or as a solution such as an aqueous solution. The lactate salts may be mixed directly into the foodstuff or may be injected into the foodstuff utilir- ing injection needles. After the lactate salts are added to the foodstuff the foodstuff may be packaged in anaerobic plastic barrier packages and then heated to temperatures sufficient to cwk the foodstuff but not suEcient to sterilize the foodstuff. Cooking the foodstuff below sterilization growth. For example, high temperature processing of 35 temperatures is desirable for the qualiry of the cooked foodstuffs prie to packaging or after packaging will destroy the Closrridium botulinum. Other means for controlling the Closiridium homlinum have been to refrigerate the foodstuff and ro add agents such as so- dium nitrite to foodstuff such as bacon. The sodium 40 nitrite while deiavine the growth of Cio~rridium botuli- . - - m.,n slra forri:r a du:~',le re., pignwnr ~n the :!war. Thsr I . s I : ! i I . p b i d beef pro.!uct. bu! :.; uncc,~:.hlc !n .~:h~,rnr.ldu;li such as poultry and fish. 45 While the control of food Clostridium botulinum has been successful, it is desired to find additional method of controlling Closrridium botulinum without occuring side effects such as red coloring described above. group consisting of fish and pouitry which contains a lactate salt in amounts effective to delay Clostridium hotuiinum growth. 52 It has been found that when sodium iactate is added to poultry or fish foodstuffs, growth of Closrridium botulir~um in the foodstuff is delayed but the foodstuff is not colored red by the sodium lactate salt. 60 DETAILED DESCRIPTION OF THE IhVENTION The foodstuffs included in this invention are non-red meat foodstuff slch as fish and poultry wherein the poultry includes meats such as turkey and chicken. This 65 invention is particularly useful when the fish or poultry is packaged in anaerobic conditions such as packaged whole meat or when the fish and poultry is packaged foodstuff but Closiridium boiulinum may later grow if temperatures abused. The added lactate salts will, how- ever, delay Closnidium borulinum growth. Other pro- cessing means may also be used such as cooking the foodstuff with the iacrate salt added and then packag- ing. In this nrocess the concerns for Clostridium botuli- ~ ~ " num gri,wri ire :i.r\zned bc: :he adGed :a~.:i:r. >air is -.:'~c:IIYc. ior d;!-lg:ng Clorrr!.!.b,n i.crtrii,i~m grow!! 11 "3, ~ C C Pkund , ~ l o !ha1 \ihile :hi. Iaclxri. ,iti:r delays the growth of Clos~ridium botulinum, they do not add any coloring to the meat such as a red coloring. While the lactate salts may be added as sole agent for delaying Closrridium bomlinum, the lactate salts may be added in combination with other agents which delay lactate salt will be theamounts whichdelay CIorrridium botulinum in combination with the other growth deiay. ing agents. The following examples are further presented to de- scribe the invention, but it is to be understood that rhe invention is not to be limited to the details described therein. EXAMPLE I In these examples, a turkey batter was prepared by grinding turkey breasts and mixing salt at 1.4 wt % and phosphate at 0.49 wt %. Closfridium botulinum spores were added to the turkey barter. The batter w u divided into aliquots. Some of the aliquors were designated controls, and no sodilim lactate was added. To the o:he: aliquots were added sodium lactate in varying amounts - as indicated rn Table I below. The inoculated aiiquots were vacuum packaged, and water cooked to an inter- nal temperature of 160" F. The cooked turkey producis were then cooled to 80' F, and incubated at that tem- perature: Periodically, the product was removed and tested for tosin. The results of the test are shown in Table 5. TABLE I ENsi of Sodium Laclaic on C baruiinum in Temwmruir A b w d Cook-In Tvikev From these results it is ciwr that sodium lactate added at the amounts indicated delays the growth of Clostrid- ium bozuiinum. EXAMPLE I1 The turkey breasts are then removed from the oven, chilled and oackaeed. ' u We claim: 1. A method for delaying Closrridium botulinum nrowth in a foodstuff selected from the eroun consistine - . of fish and poultry, the method consisting &senrially of: (a) adding a lactate salt to a fresh foodstuff selected from the group consisring of fish and poultry, said lactate salt being added in an amount of about 1% to 7 % @) packaging the fresh foodstuff in a plastic barrier package; and (c) cooking the foodstuff in said plastic barrier pack- age to a temperature sumcien: to cook the food- stuff but not sufficient to sterilize the foodstuff 2. A method according to claim 1, wherein the food- stuff comprises poultry. 3. A method according to claim 2, wherein the food- stuff comprises rurkey. 4. A method according to claim 1, wherein the lactate salt is added in an amount from about 1.5% to about 3.5%. .. ~ ~ 5. A method according to claim 1, wherein the lactate ibs, of fresh trim 15 salt is selected from the group consisting of sodium ~ ~ to this example ~ d ~ ~ ~ i ~ turkey breasts are injected with sodium lactate a weight percent of 2.5% sodium lactate. The turkey b r w a range from about 2.5 to about 3.7j lbs. ne turkey breasts are injected with a brine solution corn. prising the foliowing: 69.50% water; 22.49% sodium 30 lactate svruo i@% ' . . sodium lactate: 40% water): 6.16% ,111 in< l.51;~ ,odium phcjphlre For rich pound icikcy be-:, the:* is rnjccted J 22-4 ~b,. oibnne ,,rcng ;> Tou nwnd \lcdei 1433 !?;I: in:c;rar. lactate, calcium lactate, potassium Lactate and ammo- . nium lactate. 6. A method according to claim 5. wherein the lactate salt comprises sodium lactate. 7. A method according to claim 5, wherein :he lactate salt comprises calcium lactate. 8:4 mrrhcd ~2;nrding ,.o ;la:m 5, whsrc!n !he :acra~c .A![ .Jrnprlsrb ~01ru\cium13-~:31r.. 9 . nrlit~8:acdordiag In :!~lrn 5. w!reretn %kcla;..^:^ The turkey breasts are on a rack in a oven and j g salt comprises ammonium lactate. cooked at higlihumidity at 160' F. dry bulb, for 2 hours and then at 170' F. dry bulb, until the internd tempera. ture of the turkey breasts is 155" F. (approximately 15 minutes). The oven is turned off, but not opened and a solution of 2 lhs, of a commercial caramel powder and 40 13 lbs. of water is introduced to rhe oven through atom- izing nozzles along with ak over a period of 45 minutes 10. A method according to claim 1, wherein adding said lactate salt is effected by injecting the iactate salt into said foodstuff. 11. A method according to claim 1,wherein the food- stuff is cooked to an internal temperature of about 160' F. * . * t * United States Patent 1191 Anders et al. 1541 PACKAGED FOODSTUFF CONTAINING A LACTATE SALT 1751 Inventors: Robert J. Andem, Middleton; John G. Ceneny; Andrew L. Mikowski, both of Madison, all of Wis. 1731 Assignee: Oscar Mayer Foads Corporation, Madison, Wis. 17.11 Appl. No.: 448,341 [22] Filed: Dee. 11,1989 Related U.S. Application Dsta [60] Division of Ser. No. 287.252, Dec. 20, 1988, Pat. No. 4,888,191, which is a continuation of Ser. No. 120,769, Nov. 13, 1987, Pat. No. 4,198,129, which is acontinua- tion of Ser. NO. 808,319, Dec. 12, 1985. abandoned. (511 Int. CI.5 ....................... AUL 1/315; A23L 1 ~ 2 5 1521 U.S. CI. ................................... 426/129; 426/&23; 426/644 1581 Field of Search ............... 426/332, 264, 265, 268, 426/532, 325, 326, 412, 281, 129, 643, 644 If 61 References Cited U.S. PATENT DOCUMENTS Bundus et al. ...................... 426/332 Wacker el al. ................. 426/332 X Busch el al. ........................426/132 Ernst .................................. 426/332 Szererniak el al. .................426/332 Franzen el al. ..................... 426/332 1111 Patent Number: . 5,017,391 I451 Date of Patent: May 21, 1991 4.262.027 4/1981 Tonner el al. ......................426/332 4,576,825 3/1986 Tracy el al. .................... 426/332 X 4,798,729 1/1989 Anders el al. ......................426A26 FOREIGN PATENT DOCUMENTS 2324672 $/I975 Fed. Rep. of Gennany . OTHER PUBLICATIONS Patent Abstracts ofJapan, vol. 9. No. 32 (C-265) (19771, Feh. 9, 1985: and JP-A-59 175 870 (Shiyouwa Sangyo K.K.) 04-10-1984. FSTA Journal, 83-12-r0877, No.83075100; D. S, Kim et a].; "Effect . . . humectants," and Bulletin of the Korean Fisheries Society, vol. 15, No. 1, pp. 74-82, 10 r ~ f19% .-.. -.--. "Sodium Lacrate in Meat Products", C. V. Chcmie Combinatie Amsterdam C.C.A. Krol, "Meat Products", Voeding~middelentechnolo~ie, 1972, pp. 157, 158. Troller, J. A., and Christian, J. H. B., Appendix B, Water Activity and Food, Academic Press, Eiew York, 1978. Primow Examiner-Arthur L. Corbin Airarney, Agent, or Firm-Joseph T. Harcarik [571 ABSTRACT This invention pertains to poultry or fish foodstuffs wherein lactate salt is added in an amount effective to delay Closrridium borvlinurn growth. 11Claims No Drawings 5 10 15 20 25 30 35 40 45 50 55 60 65 5,017,391 1 PACKAGED FOODSTUFF CONTAINING A LACTATE SALT This is a division of co-pending application Ser. No, 07/287,252, filed Dec. 20, 1988, now U.S. Pat. No. 4.888.191, which is a ontiriuation of application Ser. No. 07/120,769, filed Nov. 13, 1987, now U.S. Pat. No. 4.798.729, which is a continuation of application Ser. No. 06/808.319. filed Dec. 12. 1985. now abandoned. . . BACKGROUND O F THE ISTENTION 1. Field of the Invention This invention relates to ooultrv and fish foodstuff containing lactate salt in amounts effective to delay Closrridium bo~ulinum growth. 2. Description of the Prior Art The preservation of fwdstuff has many aspects. For example, it has been suggested to add sodium iactate to meat products, such as ham and sausage at levels of approximately 1 to 3%. It is suggested rhat the sodium lactate lowers the a,of the foodstuff and has a bacterio- static effect which results in a better shelf life during refrigeration, a possibility of storage without refrigera- tion and a possibility of lowering the sodium chloride content of the foodstuff resulting in a better taste with- out the decreased shelf life. Sodium lactate, however, has not been suggested as an agent for controlling or delaying Closrridiunz borulinum growth. The need to control Clostridium bolulinum occurs in foodstuffs such as meats and poultry which are pack- aged and cooked, but not sterilized, in anaerobic plastic barrier packages. Under temperature abuse, Clostridium barlrlinum may grow and produce toxin. Injury to hu- mans resulting from this bacteria has been relatively rare since there are various means for preventing its growth. For example, high temperature processing of foodstuffs prior to packaging or after packaging will destroy the Clostridium botulinum. Other means for controlling the Clostridium botuii~ium have been to refrigerate the foodstuff and to add agents such as so- dium nitrite to foodstuff such as bacon. The sodium nitrite while delaying the growth of Clostridiurn botuli- num also forms a durable red pigment in the meat. This red coloring is desirable in many foodstuffs such as pork and beef products but is undesirable in other products such as poultry and fish. While the control of food Closrridium boririinum has been successful, it is desired to find additional methods of controlling Closrridium borulinu,n without occuring side effects such as red coloring described above. SUMMARY OF THE INVENTION This invention pertains to foodstuff selected from the group consisting of fish and poultry which conlains a lactate salt in amouets effective to delay Clostridium liorulinum growth. It has been found rhat when sodilim lactate is added to poultry or fish foodstuffs, growth of Clostridium botuiinum in the foodstuff is delayed but the foodstuff is not colored red by the sodium lactate salt. DETAILED DESCRlPTlON OF THE INVENTION The foodstuffs included in this invention are non-red meat foodstuff such as fish and poultry wherein the poultry inciudes meats such as turkey and chicken. This invention is particularly useful when the fish or poultry 2 is packaged in anaerobic conditions such as packaged u~hole meat or when the fish and poultry is packaped with other foodstuffs such as refrigerated meals and soups. The lactate salt employed in this invention includes salts such as sodium lactate, calcium lactate, potassium lactate and ammonium iactate. Preferably the lactate salt is sodium lactate. The lactate salts are employed in amounts effective to delay Clostridium botulinu,n nrowth. The amount of a lactate salt effective to delav - , botulinum growth can be determined by a simple abu- sive temperature test procedure. Foodstuffs that are to be protected by the lactate salt are stored at 80" F. A control is utilized wherein no ~ ~ lactatesalt or other Clostridium botulinumdetay agent is used. The product is then treated with levels of lactate salt. The products are analyzed at various time periods. The levels of the lactate salt which delay the toxin formation compared to the control are amounts which are effective for delaying the Closrridiun~ boruiinum growth. In general these amounts range from about 1 to about 7% lactate salt and preferably are in the range from about 1.5 to 3.5 lactate salt. The iactate salt may be incorporated into the food- stuff by a wide variety of procedures. For example, the lactate salts may he added into the foodstuff either in a concentrated form or as a solution such as an aqueous solution. The lactate salts may be mixed directly into the foodstuff or may be injected into the foodstuff utiliz- ing injection needles. After the lactate salts are added to the foodstuff the foodstuff may be packaged in anaerobic plastic barrier packages and then heated to temperatures sufficient to cook the foodstuff but not sufficient to sterilize the foodstuff. Cooking the foodstuff below sterilization temperatures is desirable for the quality of the cooked foodstuff but Clostridium botulinum may later grow if temperature abused. The added lactate salts will, how- ever, delay Clostridium botulinum growth. Other pro- cessing means may also be used such as cooking the foodstuff with the lactate salt added and then packag- ing. In this process the concerns for Clostn'dium boruli- num growth are lessened but the added lactate salt is effective for delaying Clostridium botulinum growth. It has also been found that while the lactate salts delays the growth of Clostridium botulinum, they do not add any coloring to the meat such as a red coloring. While the lactate salts may be added as sole agent for delaying Clostridium botulinum, the lactate salts may be added in combination with other agents which delay Closrridium botulinum growth such as sodium chloride or sodium nitrite. In such cases the amount of lactate salts added will he reduced and the effective amount of lactate salt will be the amounts which delay Closrridium borulinum in combination with the other growth delay- ing agents. The following examples are further presented to de- scribe the invention, but it is to be understood that the invention is not to be !imited to the detaifs described therein. EXAMPLE I In these examples, a turkey batter was prepared by grinding turkey breasts and mixing salt at 1.4 wt % and phosphate at 0.49 u t %. Cloitridium biitulinum spores were added to the turkey batter. The batter was divided into aliquots. Some of the aliquots were designated 391 were vacuum packaged. and water cooked to an inter- nal temperature of 160' F. The cooked turkey products were then cooled to 80' F, and incubated at that tem- perature. Periodically, the product was removed and tested for toxin. The rcsults of the test are shown in Table 1. TABLE 1 Efiecr ai Sodium ~rcta:eon c toruliazum iii ~cmperazurehbuwd cook-inTsrkey 5 IC pcrcerr ~aclote 2 0 (Coiiiiol) 0,,5E 2.0 o/s 2.5 01s 13 5 1.5 0 5 Onumkr or io*r ramp,ci;iium6ei DSS; e 8 0 ' F. 4 5 i s 9 10 5/5 2;s 5is 01s 0:s 5/5 015 0/5 4/5 015 0/5 0/5 cirrmplii eraminrd, 5/5 0/5 2/5 5/5 *' From these results it is that sodium ,actate added at the amounts indicated delays the growth of Closirid- ium boiuli,~u,n. 21 EXAM'LE I1 According to this examplc !,OW lbs. of fresh trim rurkev breasts are iniccted with sodium lactate at a d ~~~ ~ ~~ ~ weight percent of 2.5% sodium lactate. T ~ Cturkey brtasts range from about 2.5 to about 3.75 ibs. The 30 turkey breasts are injected with a brine solution cam- prizing the following: 69.50% water; 22.49% sodium lactate syrup (60% sodium lactate; 40% water); 6.16% salt and 1.85% sodium phosphate. For each pound of 4 13 lbs. of water is introduced to the oven through atom- iring nozzles along with air over a period o i 45 minutes. The turkey breasts are then removed from the oven, chilled and packaged. What is chimed is: 1. In a packaged focdstuff, said foodsturf being s:- lected from the group consiaing of fish and poultry, said fish or poultry being cooked, but not sterilized, beine aackaged in an anaerobic ulastic barrier ~ackare and rniendedto be stored under refrigeration, said foo'd- stuff being subject to the growth of Cioiiridium boiuii- num under temperature abuse, the improvement wherein the foodstuFf comprises a lactate salt in ail amount of from 1 to 7% by weight and sufficient to delay growth of Closiridiiirn boiuliourn in the foodstuff. 2.4packaged foodstuffaccording to claim 1wherein the FoodstufF is poultry. 3. A packaged foodstuff according lo claim 2 wherein the foodiruff is turkey. 3. A packaged foodstuffaccording to claim 1 wherein tbte ~actutc sail is in an amount from about 1.5~0 to about 3.5'9. 5. A packaged foodstuffaccording to claim 1wherein the lactale salt is selected from the group consisting of sodium lactate, calcium lactate, polassiuni laclate and lacfat*. 6. A packaged foodstuffaccording to claim 5 wherein the lactate salt is sodium lactate. 7. A packaged foodstuff according to claim 5wherein the lactate salt is calcium lactate. 8. A packaged foodstuffaccording to claim 5 wherein the lactate salr is potassium lactate. 9. A packaged foodsruff according to chim 5 wherein turkey breasts there is injected 0.2274 ibs. of brine using j5 the lactate salt is ammonium lactate. a Townsend Model 1400 type injector. 10. A packaged foodstuff according to claim 1 The turkey breasts are placed on a rack in a oven and wherein said foodstuff is packaged in said anaerobic cooked at high humidity at 160' F. dry biiib, for 2 houri plastic barrier package prior to being cooked. and then at 170' F. dry bulb, until the internal tempera- 11. A packaged foodstuff according to claim I tuic of the turkey breasts is 155" F. (appronimatelg 15 40 whereir, said foodstuff is cooked prior to being pack- minutes). The oven is turned off, bur not opened and a aged in said anaerobic plastic barrier package. solution of 2 Ibs. of a commercial caramel powder and * l i * * * USCQ5017391A REEXAMINATION CERTIFICATE (2255th) United States Patent 1111 BI 5,017,391 1191 Anders et al. [IS] Certificate Issued * Mar. 29,1994 1541 PACKAGED POODSIZIFPCX3NT.UNING A 4 . 2 m 6/1W Ueno n d. ............................ 422/28 JACKATE SAW FOREIGN PATENT WCUMENfS 1751 invcmon: aobenJ.WWcwJc*IG. 9.#758,@,, 10/1w Careny; A d f e w IMULDmU, both of Madison,all of Wis. OTHER PUBLICATIONS f731 APrignu: Oulraye Angcfsbeh, Dr. H., Systematisshe mitrobiologische Muiiaon, Wip md techologiacbe Uatarvchvngm rut Vcrbearmng der Bachrffmhdt vom Tier stammcndc~Ld)msmittel, R e # x m h t t O a R W Feb. 1971, pp. ZOf-210 (twhtion included). No. W/U)3,105, Jm. 25, 1W3 LL+ S. H.. ad.,"Flotors Aff* Inhibition of Clo- nridium bmtinum in C u d Mu%" J. Fmd Sci., R~~ CuIitkate Eor: 43(5):1371(1978). Rtrnt No.: 5,017,391 Pnnc. Inc.'s “Citizen Rlilion" to tbe FDA, M.y 2l. isued: May 21,1991 1998. Appl. No.: 448,341 Reid. T. F., " W c Add lad lactate in Food Prod- Filed: Dec. 11,l989 ucts," Food Manufacturing (Oct., 1%9). Tompliin, R. B. ct el.. "CIwcs of Variation of Cured 1'1 Notice: The portion of the term ofthis patent Meat&" Applied and Environmmtal Microbiology rubsequent to Jan. 17. 2M6 her been 3%5>886 (May,1978). disclaimed. Maas, M.R., "Sodium k c ~ t e Delays Tollin Roduc- tion by CIos~ridiurn 6atuUnum in Cook-in-Bag Turkey R d d US. Appliutlw Data Ploduct*" Applicd md Environmental Microbiology, I601 Diviiw of Ser. No. 281252. Doc. 20. 1988, Pat. No. 55(9):2226 (1989). J. A. T ~ u ~ , ,-hriath,J, H,B,waterActivity md 4,888,191, which b a cootinwh of Ser.No. 1120,769, Food, -(1978) pp, 8689, Nov.13, 1987, Par. No. 4.798,7299whish b a mtintla- tion of Ser. No.808.3I9. Ds.12, 1965, abandoned. 45 Fed. Reg' 32324 16* Igmf' 49 Fed. Reg. 35366 (Sep. 7, 1984). ~ S I I xnt. a.r....................... AZ~L1 ~ 1 % 45 ~ e d . IS. 1 9 ~ ) . A23L i/32s R C ~ .10317 ( F C ~ . I521 US.a..................................... 426/129; 426/643; 58 Fed. Reg. 4067 (Jan. 13, 1993). 416/644 48 Fed. Reg. 8086 (Feb. 25, 1993). 1581 Fkld of Sarch ...............426/129, 264, 268, 281, 50 Fed. Reg. 6252 (Feb. 14, 1985). 426/265.332,325.326,532,412,643,644 M~~~~~ ner- L, Carbin l561 ~e~auuna 1571 ABSIRA~ cited U.S. PATENT DOCUMENTS Thig invention pruint to poultry or fsh fdrtuffs 4.285,91K, 811991 Lewis .................................. 426/249 wherein h t e salt is added in an mount effective to 4.421.823 12/1983 Theken ............................. 428/349 dchy Clnr1ri8ium borntinurn growth. 1- REEXAMINATION CERmFICATE AS A RESULT OF REEXAMINAllON, IT HAS ISSUED UNDER 35 U.S.C. 307 BEEN DETERMINEDTHAT: 5 The pMUbility of claims 1-11 is confirmed. NO AMENDMENTS HAVE BEEN MADE TO THEPATENT. . a * . .