In Defense of the Shuckers: Enhanced Consumer Warnings and Assumption of the Risk, Not Forced Post-Harvest Processing, as the Proper Remedy for Raw Oyster Toxicity

Scott T. Schmidt, FSU

Abstract

Oysters are a popular culinary delight. Oyster connoisseurs ("ostreaphiles") thoroughly enjoy consuming the bivalves in a multitude of ways, including fried, baked, and raw. A large portion of oysters in the U.S. come from the Gulf of Mexico. However, the FDA has proposed regulations which would make it difficult to consume living raw oysters from the Gulf of Mexico during certain times of the year. The Vibrio family of bacteria is the leading cause of raw shellfish toxicity. It occurs naturally in seawater, and is more heavily concentrated in warmer months. It is known to cause several illnesses and death per year, primarily in those who weakened immune systems. The FDA rules would mandate post-harvest processing (PHP) in order kill traces of Vibrio. Unfortunately, PHP also kills the oysters, thus taking away its taste and allure for lovers of raw oysters. This paper takes the approach that assumption of the risk, along with more comprehensive warnings, is the correct approach to raw oyster toxicity.