Mandatory Recall Authority Key To Food Safety
WASHINGTON – U.S. Rep. Diana DeGette (D-CO), ViceChair of the Committee on Energy and Commerce, today highlighted theimportance of giving the government mandatory recall authority duringtoday's Energy and Commerce Health Subcommittee hearing entitled, Discussion Draft of the ‘Food and Drug Administration Globalization Act' Legislation: Food Provisions. Last week, the Committee released its discussion draft on the Food and Drug Administration Globalization Act of 2008. The discussion draft includes a mandatory recall provision built upon legislation introduced by DeGette, H.R. 3484, the SAFER Act.
Below is the text of Ms. DeGette's opening remarks as prepared for delivery:
"This is a really complex issue and one that demands a thoughtful andreasoned response and that is why we have had the number of hearings wehave had in the Oversight and Investigations Subcommittee. Now, wehave the draft legislation and the hearing today. I think it'swonderful the process we are using.
"I also want to thank Chairman Dingell and his staff for incorporating the provisions of my legislation granting the FDA mandatory recall authorityin case of an outbreak. I often talk to my constituents about the factthat when there are tainted foods on the shelves, the FDA hasabsolutely no authority to order a mandatory recall. I think that amandatory recall can give us two good results:
"First, if you have a recalcitrant producer who will not voluntarilyrecall products, then you can mandatorily recall it. But, in addition,the threat of a potential mandatory recall actually will put pressureon food manufacturers and distributors to make the food safe in thefirst place. In truth, while mandatory recall is important, we want toensure the safety of our food before it is recalled. I think this is animportant provision of this bill. It was an edgy leap to put it in thisbill, but I think it is important that it be part of any strong foodsafety legislation.
"I would also like to discuss, which is not in the draft legislation,but I think also would be effective, is legislation I have introduced, H.R. 3485, the TRACE Act–which sets up a food traceability system. We all remember the outbreakof E. Coli in spinach a couple of years ago. While there was avoluntary recall, it took weeks and weeks to discover the source of theproblem. In the meantime, spinach producers all around the country withperfectly fine facilities and good produce, lost tremendous profits.What we learned in our hearings in the Oversight and InvestigationsSubcommittee is that we have the ability to trace food. In fact, someof the organic food producers and other small family producers do havetraceability systems. If consumers could walk into a store and see alot number, we could trace that food back to the source, we would havethe ability then ensure the safety of our food products – we can findwhere the problem was, identify it, and then order the recall rightaway.
"I am hoping to work with you, Mr. Chairman, and the rest of theCommittee, to include the provisions of that legislation as well in anyfinal bill we introduce. Thank you very much."