Latest Salmonella Outbreak Mandates Action

WASHINGTON – As the salmonella outbreak in peanuts and peanut buttercontinues to raise concerns over the safety of our food supply, U.S.Rep. Diana DeGette (D-CO), Vice Chair of the Committee on Energy andCommerce, today reintroduced two key food safety priorities. First, theSAFER Act gives the federal government the authority to order a recall of tainted foods. Second, the TRACE Act requiresthe Food and Drug Administration (FDA) and United States Department ofAgriculture (USDA) to establish a product tracing system to identifycontaminated food. The Washington Post editorialized yesterday on the need for stronger food safety laws, while the Denver Post opined today.

"After last summer's jalapeno scare and the recent outbreak ofsalmonella in peanut butter, we need to give the government theresources to ensure the safety of our food supply," said DeGette. "TheSAFER Act and TRACE Act work hand-in-hand to quickly remove taintedfood products from our dinner tables and indentify the source of thecontamination. We cannot afford to delay any longer in fixing ourbroken food safety system."

The SAFER (Safe and Fair Enforcement & Recall) Act gives the FDAand the USDA the authority to force a recall of contaminated foods. Under current law, recalls are completely voluntary even when publichealth is 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(Tracing and Recalling Agricultural Contamination Everywhere) Actrequires the Secretary of Agriculture to establish a product tracingsystem for all food products from their origin to the market, enablingfaster recall in the event of contamination.

Last week, 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 built uponU.S. Rep. DeGette's legislation. U.S. Rep. DeGette's food safetypriorities have been endorsed by the Washington Post and the New York Times.

Summary of the SAFER Act

· Gives the federal government the authority to issue a mandatoryrecall of contaminated food. Under current law, these recalls arevoluntary.

· All food would be covered by this recall authority, including that which is under the jurisdiction of the USDA and the FDA.

· If the federal government determines food has been contaminated,it is required 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.

· If the USDA or FDA determines that an article of food is a threatto public health, and the food is not recalled voluntarily, theagencies can order that the foods be immediately recalled and thatdistribution be ceased.

· To promote awareness of the contamination, the federal governmentcan notify consumers and well as state and local public healthofficials.

· The bill sets forth civil penalties for individuals and otherentities that violate its provisions, with an opportunity for a hearingto contest adverse findings if requested.

Summary of the TRACE Act

· One of the biggest questions with our food safety system is whatto do when an outbreak of foodborne illness is discovered. There is noquick, reliable way to find out where the product came from or whereother contaminated foods may have been shipped.

· While we should focus our efforts on preventing contamination inthe first place, we also need to have procedures in place to deal withthe an outbreak.

· Such a system would allow us to not only quickly identify thesource, but also to inform businesses along the supply chain, ceasedistribution of other tainted products, and notify potential consumersand business owners who may have this food in their homes andrestaurants.

· Without a proper product tracing system, one person becoming sickfrom tainted food could potentially turn into a public health crisis.

· This legislation requires the FDA and the USDA to establish aproduct tracing system to track food products from their origins to thegrocery store, enabling faster recall in the event of contamination.

· This proposal will assist consumers and retailers in identifyingand removing tainted products from refrigerators and store shelves.

· With meat and poultry products, which are under the USDA'sjurisdiction, animals would be identified in a way that enables them tobe traced to any location at which they were held at any time beforeslaughter.

· It would also require the labeling of meat products allowing themto be traced through processing and distribution to the ultimateconsumer.

· For other food products, under the jurisdiction of the FDA, thisbill requires a similar traceability system that tracks food at allstages of manufacturing, processing, packaging, and distribution.