DeGette Statement At House Hearing On Salmonella In Peanut Butter

WASHINGTON – As the investigation into the salmonella outbreak inpeanuts and peanut butter continues, U.S. Rep. Diana DeGette (D-CO),Vice Chair of the Committee on Energy and Commerce, today offered thefollowing opening statement at the Subcommittee on Oversight andInvestigations hearing, "The Salmonella Outbreak: The ContinuedFailure to Protect the Food Supply." Last week, Congresswoman DeGettereintroduced two major food safety priorities: the SAFER(Safe and Fair Enforcement & Recall) Food Act gives the FDA and theUSDA the authority to force a recall of contaminated foods. Undercurrent law, recalls are completely voluntary even when public healthis at risk. The United States is one of the only industrializedcountries in the world that lacks this basic recall power, despitehaving the ability to recall toys and many other products. The TRACE (Tracingand Recalling Agricultural Contamination Everywhere) Act requires theSecretaries of Agriculture and Health and Human Services to establish aproduct tracing system for all food products from their origin to themarket, enabling faster recall in the event of contamination.

Below are U.S. Rep. DeGette's opening remarks as prepared for delivery:

"We have spent a lot of time together in these food safety hearings. Ihave been a member of this subcommittee for 12 years now – and since Ihave been on this subcommittee, this is our 10th hearing on foodsafety, at which the members of this Oversight and Investigationssubcommittee have spent quite a bit of time in a bipartisan waywringing our hands.

"Now, the latest problem, over 500 people have been sickened – 15 ofthem are in my home state of Colorado, half of the sickened people arechildren, and 8 have died. This is the deadliest outbreak of food borneillness in decades – but we've seen jalapeno's, peanut butter, meat,peanut butter again, dog food, and on.

"My question to Congress, in general, is how many sick kids does ittake for us to finally act? How many more workers need to get laid offbefore private industry and Congress put resources into protecting theintegrity of our food distribution system?

"I cannot think of a case that better demonstrates the need for the FDAand USDA to have mandatory recall authority than this case.

"The Peanut Corporation of America sells in bulk to companies, andthose companies manufacture and distribute other processed foods. Eventhough people started getting sick last summer, current federal lawdoes not empower public health officials to issue a recall in responseto an emergency like this.

"My constituents are shocked when they hear this. Instead, companiesare left to voluntarily decide for themselves if - and when - to recalltheir products.

"I know this is not a legislative hearing, but I am sure the parentswho are sitting here today would like to know that there arelegislators working on these issues. I have reintroduced legislationagain this Congress, which I have introduced many times in the past,that would finally give the government mandatory recall authority. Thegood news is that it is supported not only by the regulators, but alsoby industry.

"I think when we pass comprehensive food safety legislation, finally, the FDA and USDA will have mandatory recall authority.

"The second bill I have reintroduced this year, which I have introducedin the past as well, is the TRACE Act. What this bill does is creates acomprehensive traceability system so we can trace where the peanutscame from to where they end up – in those little peanut buttercrackers our children eat – and we can recall it right away. Thatproblem was a particular problem last year with the outbreak ofsalmonella in jalapenos.

"I am happy to report that Mr. Dingell and Mr. Stupak have included mymandatory recall and traceability language in their comprehensive FDAGlobalization Act. I am also happy to report that the regulatorssupport traceability, and that the manufacturers are beginning tounderstand this situation.

"I look forward to working with you Mr. Chairman, and Chairman Waxmanon moving forward to develop comprehensive food safety legislation."

Earlier this month, Energy and Commerce Committee Chairman Emeritus John Dingell (D-MI), introduced the Food and Drug Administration Globalization Act of 2009along with Chairman Bart Stupak (D-MI) and Chairman Frank Pallone Jr.(D-NJ). The measure includes a mandatory recall provision andtraceability language built upon U.S. Rep. DeGette's legislation. U.S.Rep. DeGette's food safety priorities have been endorsed by the Washington Post and the New York Times.