DAVE's sushi

questions and concerns

The Gallatin City-County Health Department (GCCHD), the Montana Department of Public Health and Human Services (DPHHS), the Centers for Disease Control (CDC) and the Food and Drug Administration (FDA) have been investigating an unthinkable and tragic foodborne illness related to morel mushrooms that were served at our restaurant between the end of March and mid April 2023.

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Above all else, our hearts go out to the loved ones of the two people who passed away and to all who have been impacted, no matter the circumstances.

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The manner and cause of death for these two people are pending until autopsy and toxicology results are completed; however, the focus of the GCCHD, the DPHHS, the CDC and the FDA have been on the morel mushrooms that we purchased from a reputable California distributor.

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We realize there is a lot of misinformation and rumors about what happened, as well as questions about our recent health inspection reports. We’ve created this information page to answer as many questions as possible during this ongoing investigation.

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Current Published Information Sources:

FDA: “Investigation of Illnesses: Morel Mushrooms (May 2023)”

Gallatin City-County Health Department: “Final Summary of the Foodborne Outbreak Linked to Morel Mushrooms"

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Video Links:

* Missy O'Malley asks your hard questions - an interview with Dave's SushI

* Past and Present owners reflect on what's occurred

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Morel Mushrooms

Why do you think the morel mushrooms are what got people sick?

The morel mushrooms have been identified by the investigating authorities as the likely cause of the foodborne illness. According to the GCCHD’s Health Officer Order HO-2023-009, dated May 17th, 2023, the GCCHD and DPHHS conducted a case-control study, interviewing people who ate at Dave’s Sushi between March 31 and April 17th, 2023. As noted in the HO-2023-009, “Based on the preliminary analysis, the odds ratio calculated that the individuals who ate morel mushrooms at Dave’s Sushi during the outbreak had 8.88 times the odds of getting sick compared to those who did not eat morels at Dave’s Sushi. The magnitude of the odds ratio suggests a strong association that the morel mushrooms were the item that caused the outbreak and that other menu items that did not contain morel mushrooms were not associated with the foodborne illness."

Did some people who ate the morels get sick and some people not?

Yes. For example, we are aware of five people who consumed comparable amounts of the morels within 15-20 minutes of one another and who are of a comparable age and health demographic. Two (2) of those people became ill and 3 of those experienced no symptoms. We don’t know why this happened, but the FDA’s recent report notes that this is possible, “Symptoms can also vary depending on the individual who ate them.”

Are morel mushrooms safe to eat?

The FDA released a report, “Investigation of Illnesses: Morel Mushrooms (May 2023)” that includes guidelines for morel mushrooms that had not been publicly acknowledged before May 19th, 2023—one month after we reported to the GCCHD that several of our guests had reportedly become ill after eating morel mushrooms.

This FDA report highlights that:

“Morel mushrooms are generally considered safe to eat, but they may contain toxins that can cause health problems.”
“Properly cooking morel mushrooms can reduce risk of illness, however there is no guarantee of safety even if cooking steps are taken prior to consumption.”
“The presence and levels of toxins in any individual species of mushrooms can change over time and by the geographic location of where the mushroom was harvested.”

https://www.fda.gov/food/outbreaks-foodborne-illness/investigation-illnesses-morel-mushrooms-may-2023#:~:text=Morel%20mushrooms%20are%20generally%20considered,that%20can%20cause%20health%20problems

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How come there have been no other reported issues with the morels?

We don’t know the answer to that question at this time. The FDA is continuing its investigation, and we are hoping to have answers in the near future.

There have been a lot of rumors about the morel mushrooms. Where are they from? How did you get them?

The morel mushrooms were a cultivated product, grown in China, that were FDA-inspected coming into the United States. Dave’s Sushi purchased three batches of them between the end of March and mid April 2023 from a reputable California purveyor who provides specialty food items to other respected chefs and restaurants throughout the state of Montana and the United States.

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Health Inspections / Health Department

Did the health department force you to close?

We voluntarily closed on Tues, April 18 and remained closed on Wed, April 19 upon hearing rumors as to the severity of symptoms for some of the people who had eaten the morel mushrooms on Mon, April 17. We briefly re-opened on Thurs, April 20, and then we immediately closed under the direction of the health department, per HO-2023-008. We re-opened on Thurs, May 25, after the health department determined there was no imminent health risk to the public, per HO-2023-009.

Tell me about the health inspections. You’ve had 6+ since mid April. Why have there been repeat violations?

We understand and welcome the level of scrutiny that we are under from the Gallatin City-County Health Department given the tragic circumstances that occurred in April. As is public record, we had previously received a total of two RFI (Risk Factor/Intervention) violations during our previous 9 inspections by the health department over the course of 10 years. Some of the current repeat violations are items that the health department had previously inspected during the last 10 years and had not been mentioned or noted in their reports.

We are working with the health department to define critical aspects of the FDA food code not previously enforced in Gallatin County. We are confident that our standard operating procedures and our extensive staff training allows us to address all previous health inspection violations moving forward.

We continue to work hand in hand with the health department as we perfect our food handling procedures and ensure that Dave’s Sushi is the safe and clean restaurant that our community deserves.

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Do you have a leaking waste water pipe in your basement?

We do not have a leaking waste water pipe in our basement or anywhere in our restaurant. During our May 22nd pre-opening inspection, and again during our May 24th, May 27th, May 30th, and June 5th health inspections, the health department made note of a waste water pipe that drains our kitchen’s sinks and dishwashers and runs above our food storage racks. This is not a sewage pipe. This PVC pipe was approved by the health department when we expanded the restaurant in 2013 and has been routinely inspected by them roughly once per year since then. The pipe is not leaking, has never leaked, and is in perfect working condition. A misprint by the Bozeman Chronicle stated that the pipe was leaking but they have since corrected this article.

The health department asked us to install shielding that would serve as protection for our food prep areas if there were ever to be any leakage from the pipe. We’ve contracted this shielding to be put in place by a local plumbing company, and it’s in the process of being installed.

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I heard that fish was being stored above 41 degrees. Is that true?

No, we are not storing fish above 41 degrees. During the health department’s April 18th, 2023 inspection, 2 cups of spicy salmon and 2 cups of salmon ikura (soy-sauce cured fish eggs) were found to have a temperature above 41 degrees. During two subsequent inspections in May and June, 2 cups of crab meat and some of our sauces were found to have a temperature above 41 degrees. These ingredients were in our refrigerated, food prep area and were not being stored at this temperature. In all three inspections, all other ingredients in the coolers in question had recorded temperatures below 41 degrees.

To ensure that we are addressing any elevated temperatures at all times, we are using a probe thermometer to take the temperature of our food items every two hours in our food prep areas. We are also keeping a smaller quantity of food (less than 2 cups) in our food prep containers in order for the food to more rapidly return to a cooler temperature after being prepared. We have also changed the technique used in our crab mixing and the storage of our sauces on each station.

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Why did the Gallatin City-County Health Department (GCCHD) allow you to reopen?

As noted in the HO-2023-009 issued by the GCCHD’s health officer on May 17th, 2023, “Since its closure, Dave’s Sushi has removed and discarded all morel mushrooms previously in its possession. Dave’s Sushi has also corrected all “Priority Items,” “Priority Foundation,” and “Core” violations from the April 18, 2023 Inspection report. For these reasons, I have determined there is no longer a condition of public health importance or imminent health hazard preventing the establishment from reopening.”

Dave's Sushi Closure & Reopening

Did the health department force you to close?

We voluntarily closed on Tues, April 18 and remained closed on Wed, April 19 upon hearing rumors as to the severity of symptoms for some of the people who had eaten the morel mushrooms on Mon, April 17. We briefly re-opened on Thurs, April 20, and then we immediately closed under the direction of the health department, per HO-2023-008. We re-opened on Thurs, May 25, after the health department determined there was no imminent health risk to the public, per HO-2023-009.

Did you pay your staff while you were closed?

Yes, we paid our staff their entire estimated wages and gratuities for four weeks, totalling over $400,000 that is not recoverable through insurance. Our staff is the backbone of Dave’s and it’s been so important for us to support them through these tragic and uncertain circumstances.

Why did the Gallatin City-County Health Department (GCCHD) allow you to reopen?

As noted in the HO-2023-009 issued by the GCCHD’s health officer on May 17th, 2023, “Since its closure, Dave’s Sushi has removed and discarded all morel mushrooms previously in its possession. Dave’s Sushi has also corrected all “Priority Items,” “Priority Foundation,” and “Core” violations from the April 18, 2023 Inspection report. For these reasons, I have determined there is no longer a condition of public health importance or imminent health hazard preventing the establishment from reopening.”

Why did you feel confident in re-opening?

The health department completed their case-control study and determined that there was no imminent health risk to the public if we were to open, per HO-2023-009. We are completely confident that Dave’s is a safe environment. It has been important to be able to re-open for our 90+ staff members and their families, as well as the community we have served for 20+ years in Bozeman. We also understand if people have mixed feelings about us re-opening. Our hearts continue to go out to all of those affected by this tragic situation.

Changes Made

What changes have you made since mid April?

We stopped serving morel mushrooms and we will never serve them again. Although the focus of the investigations have been on the morel mushrooms, we have taken other steps to reassure our community that Dave’s Sushi is a safe place to eat. We deep cleaned and sanitized the entire restaurant. We threw away our entire fresh inventory and started with new inventory before we re-opened. We have implemented extensive standard operating procedures with the guidance of the GCCHD. Our entire staff completed extensive food health and safety classes and all 14 of our managers became Certified Food Protection Managers (CFPM).

What kind of extensive training has your staff completed?

Current FDA food code requires one Certified Food Protection Manager (CFPM) on site at a restaurant. Dave’s now has 14 CFPM on staff that have completed a 10-hour ServSafe^Ⓡclass and passed the subsequent 90-question exam. Additionally, each of our 90± staff members has completed at least 4 hours of ServSafe^Ⓡhealth and safety classes. We are confident our team is educated on safe practices and is implementing them through the use of our standard operating procedures. The Gallatin City-County Health Department has reviewed and provided their own input on our standard operating procedures. We also have a Health and Safety Manager, who is also a certified CFPM proctor, on our management team performing daily internal inspections.