DeGette urges Congress to pass food safety law

Rep. Diana DeGette pressed Congress again Wednesday to pass legislation that she said would protect consumers from contaminated food.

The Denver Democrat recently introduced bills that would grant the FDA authority to remove tainted food from shelves, as well as create a system to track the source of contaminated products. Currently, the federal government can only issue voluntary recalls of food.

On Tuesday, the House Energy and Commerce Committee considered legislation sponsored by Rep. John Dingell, D-Mich., that includes DeGette's recall provision.

Dingell's bill also would charge importer fees to step up inspection of food products entering the country from overseas.

The committee hearing came on the heels of a recent botulism scare in Colorado and reports of contaminated pet food imported from China.

Last year, several people were sickened in the state after eating E. coli-contaminated spinach that killed three people nationwide.

Here is DeGette's full statement in front of the committee Wednesday:

“Thank you, Mr. Chairman. I want to thank both you and Chairman Dingell for holding this hearing today. 

I also want to applaud the process by which the legislation before us has moved.  Food safety has been on the minds of Americans in recent months more than ever before, and this Committee has taken swift action.

After gathering this input from the public, Mr. Dingell circulated draft legislation that will deal with a key aspect of the problem: resources and accountability. 

I think it is apparent to everyone in this room that FDA simply does not have the resources to effectively fulfill its mandate to ensure the safety of our food and drugs.  And until this committee began its investigation, there was very limited oversight and accountability.

The issue before us this morning is of the utmost seriousness, yet the Administration’s response has been to establish a couple working groups and- this still shocks me- even shutting down food safety labs!  Thankfully, after pressure from this committee and outrage from the public, the FDA is backing down from their laboratory “reorganization” plan.  But more needs to be done, and I am happy this Committee is taking action. 

I would like to note that the response from industry has somewhat more responsive, and I look forward to hearing from the Grocery Manufacturers Association later today to learn more about their proposals for quality assurance moving forward.

I would also like to thank Mr. Dingell for incorporating into this bill a provision I have included in my own legislation for many years now.  The bill before us would finally grant mandatory recall authority to the FDA. 

As we all know under the current system, during an outbreak of foodborne illness, the federal government’s hands are absolutely tied. We must rely on industry to voluntarily recall their products.  Sometimes this works well, but other times critical time is wasted while companies try balance their responsibilities to shareholders with their duty to protect public health. 

I have introduced stand-alone legislation, H.R. 3484, that would grant mandatory recall authority to the FDA and the USDA.  I realize that the USDA is outside of this committee’s jurisdiction, but we clearly need to incorporate meat, poultry, and egg products into any effective recall system.  I hope this committee works with our counterparts in other committees to establish a comprehensive mandatory recall authority.

And while the bill before us today mostly deals with imported food, I would be remiss if I did not mention what I believe is one of the most crucial deficiencies with our current food safety system. 

When an outbreak occurs, we spend days, weeks, or in some cases even months trying to find out where the food came from.  We don’t know from which farm it originated, or which supplier, distributor, wholesaler, or retail outlet that handled it.  We don’t know what other food might be at risk.  We must have a way to quickly identify contaminated foods.

That’s why I recently re-introduced my bill H.R. 3485, the “TRACE Act.”  This legislation would set up a product tracing system to track food from the farm to the grocery store, enabling faster recall in the event of contamination.

My proposal would not only allow us to quickly identify the source of the contamination, but also inform businesses along the supply chain and cease distribution of other tainted products.  Most importantly it would assist consumers and retailers in removing potentially contaminated products from their refrigerators and store shelves.

A traceability system need not be overly burdensome on industry.  In fact, a recent IBM Global Business Services report showed that a tracking system would actually benefit businesses, as today’s customers are seeking assurances that their food is safe.

While obviously we should focus our efforts on preventing contamination in the first place, we also need to have procedures in place to deal with an outbreak. 

I applaud the chairman for including mandatory recall in this bill before us, but an effective recall regime won’t work unless we can quickly and accurately trace products to their origins and throughout the distribution system.

And finally, while this is beyond the scope of this legislation, we can’t wholly to address food safety in this country until we clean up the broken federal regulatory structure.  Ladies and gentlemen, it is time to establish a single food safety agency. 

The complex patchwork of federal agencies responsible for keeping food safe no longer makes sense given our global food distribution system and increased risk of outbreak.  We need a single agency to be responsible, and held accountable, for maintaining the integrity of the entire system.

The bill before us is a great start, and I commend Chairman Dingell for his dedication to public health and in particular, maintaining the integrity of our food.  

Thank you, Mr. Chairman.  I look forward to hearing from our witnesses today.”

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