Nation's Food Supply Must Be Protected

September 6, 2007

Energyand Commerce Vice Chair DeGette Introduces Key Food Safety Legislationas Tainted Food Continues to Enter Nation's Food Supply

WASHINGTON,DC – As concerns about the safety of our nation's food supply continueto grow, Energy and Commerce Committee Vice Chair Diana DeGette (D-CO)today introduced two key pieces of food safety legislation to protectour nation's food supply. First, the SAFER Act gives the federalgovernment the authority to order a recall of tainted foods. Second,the TRACE Act requires the Secretary of Agriculture to establish aproduct tracing system to identify contaminated food.

"Thesafety of our nation's food supply is a growing national securityconcern," said DeGette. "Protecting our food supply must be as high apriority as securing our borders. The increase in tainted food andfoodborne illnesses highlights the need for comprehensive reform of thefood safety system in the United States. Mandatory recall authority iscritical to assuring the removal of tainted foods from the marketplaceand significantly reducing the risk of foodborne illness. Theestablishment of a product tracing system will enable consumers andretailers to quickly identify and remove contaminated products fromtheir refrigerators and store shelves."

The SAFER (Safe and Fair Enforcement & Recall)Act gives the United States Department of Agriculture (USDA) and Foodand Drug Administration (FDA) the authority to force a recall ofcontaminated foods. Under current law, recalls are completelyvoluntary even when public health is at risk. The United States is oneof the only industrialized countries in the world that lacks this basicrecall power, despite having the ability to recall toys and many otherproducts. The TRACE (Tracing and Recalling Agricultural Contamination Everywhere)Act requires the Secretary of Agriculture to establish a producttracing system for all food products from their origin to the market,enabling faster recall in the event of contamination.

DeGette is also a leading cosponsor of The Food Safety Act of 2007, which creates a single food safety agency to oversee our nation's food supply.

"Manyof the problems with our food safety system stem from the fact thereare fifteen different federal agencies with some responsibility forfood safety. The monitoring failures of this disjointed systemillustrate the need for creating a single food safety oversightagency," concluded DeGette.

Summary of the SAFER Act

Givesthe federal government the authority to issue a mandatory recall ofcontaminated food. Under current law, these recalls are voluntary.
All food would be covered by this recall authority, including that which is under the jurisdiction of the USDA and the FDA.
Ifthe federal government determines food has been contaminated, it isrequired to notify all people who were involved in producing,manufacturing, transportation, storing, or distributing the food.
Once they have been notified, the government can provide the opportunity for a voluntary recall.
Ifthe USDA or FDA determines that an article of food is a threat topublic health, and the food is not recalled voluntarily, the agenciescan order that the foods be immediately recalled and that distributionbe ceased.
To promote awareness of the contamination, thefederal government can notify consumers and well as state and localpublic health officials.
The bill sets forth civil penaltiesfor individuals and other entities that violate its provisions, with anopportunity for a hearing to contest adverse findings if requested.

Summary of the TRACE Act

Oneof the biggest questions with our food safety system is what to do whenan outbreak of foodborne illness is discovered. There is no quick,reliable way to find out where the product came from or where othercontaminated foods may have been shipped.
While we shouldfocus our efforts on preventing contamination in the first place, wealso need to have procedures in place to deal with the an outbreak.
Sucha system would allow us to not only quickly identify the source, butalso to inform businesses along the supply chain, cease distribution ofother tainted products, and notify potential consumers and businessowners who may have this food in their homes and restaurants.
Withouta proper product tracing system, one person becoming sick from taintedfood could potentially turn into a public health crisis.
Thislegislation requires the FDA and the USDA to establish a producttracing system to track food products from their origins to the grocerystore, enabling faster recall in the event of contamination.
Thisproposal will assist consumers and retailers in identifying andremoving tainted products from refrigerators and store shelves.
Withmeat and poultry products, which are under the USDA's jurisdiction,animals would be identified in a way that enables them to be traced toany location at which they were held at any time before slaughter.
Itwould also require the labeling of meat products allowing them to betraced through processing and distribution to the ultimate consumer.
Forother food products, under the jurisdiction of the FDA, this billrequires a similar traceability system that tracks food at all stagesof manufacturing, processing, packaging, and distribution.