The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“DECEPTIVE FOOD PACKAGING” mentioning the U.S. Dept of Agriculture was published in the Senate section on pages S4431-S4433 on April 12, 2007.
The publication is reproduced in full below:
DECEPTIVE FOOD PACKAGING
Mr. LEVIN. Mr. President, today I call attention to a development within the U.S. Food and Drug Administration, FDA, that has resulted in the sale of carbon-monoxide-treated meat to American consumers. Allowing this can deceive American consumers and raises serious public health concerns since the consumers can no longer rely on the way the meat looks to indicate its freshness.
The use of carbon monoxide turns beef a shade of red that mimics very fresh red meat. Mixing carbon monoxide into the pre-packaged, air-tight packaging of beef allows it to retain its red color long after the expiration date on the package.
The meatpacking industry argues that beef is actually safe up to 20 days when refrigerated and much longer if it is frozen. They also argue that because untreated meat can begin to turn brown before its expiration date, it is not a true indication of the meat's freshness and consumers should not be relying on the color of the meat, but the expiration date on the package.
That is a theoretical argument that fails in the real world. Consumers do rely on meat color and the industry knows that the only purpose of using carbon monoxide is to maintain the red color. Experiments with treated and untreated packages of beef compared how they age under refrigeration. After the expiration date, untreated meat begins to turn brown, while meat was still rosy pink if treated with carbon monoxide. Even though the treated beef looked fresh, it was in fact contaminated with E. coli bacterium and salmonella.
The FDA has had longstanding rules against color alteration of meats but, inexplicably, the FDA has allowed carbon-monoxide-treated packaging to move forward. I asked the Food and Drug Administration for an explanation of this change. In their response, the FDA claims that adding carbon monoxide to the packaging meets their standard of
``generally recognized as safe,'' and no further FDA approval is required.
Relying on the procedures for substances that are ``generally recognized as safe'' is inappropriate for color additives and surely that should include any substance added to food whose purpose is to change its color. Under the Federal Food, Drug and Cosmetic Act, the FDA is required to issue, through notice and comment rulemaking, the permissible conditions of use in regulations ``listing'' the color additive. The color additive ``listing'' procedure is a transparent process in which the public is engaged. Consumers have the opportunity to comment on the safety and deception risks that are presented. For the FDA to allow the use of carbon monoxide for color alteration under the ``generally recognized as safe'' notification procedure ignores the well established listing requirements for public engagement in the policy development process.
Since there are currently no requirements for the meatpacking industry to label which meats have been packed in carbon monoxide and which have not, it is especially important for consumers to look for the expiration date printed on all meat package labels and not just at the color of the beef. Even if the meat is purchased before the expiration date, consumers still need to be aware that beef packaged in carbon monoxide can spoil at home yet still look fresh. If consumers judge the freshness of beef by its red color without checking the expiration date on the package, they risk their health.
Prepackaged beef should not be treated with carbon monoxide, but at a minimum, meat that has been treated with carbon monoxide should be clearly labeled so that consumers know what they are buying.
Six consumer groups recently sent a letter to Senators asking that Congress take action on this important health issue. I ask unanimous consent that this letter be printed in the Record.
There being no objection, the material was ordered to be printed in the Record, as follows:
Consumer Federation of America--Consumers Union Food &
Water Watch--Government Accountability Project National
Consumers League--Safe Tables Our Priority
January 18, 2007.
Dear Senator: We write to urge Congress to institute a ban on the use of carbon monoxide in a modified atmosphere packaging (MAP) process for case-ready fresh meat. In January 2006, consumer groups sent a letter to the Food and Drug Administration (FDA) and the Department of Agriculture (USDA) requesting the FDA and the USDA to re-visit their acceptance of carbon monoxide usage in case-ready meats as a GRAS
(generally recognized as safe) substance. This request was made for several reasons: (1) the science behind the decision is questionable; (2) the decision was made without the benefit of public dialogue and input; (3) this process has already been banned in Europe; and (4) there is concern by the American public that the meat that they purchase could look fresher and safer than it actually is. However, despite repeated calls from members of Congress and consumer groups, the agencies have not acted.
The addition of carbon monoxide utilized in the MAP processing of fresh meat produces a new, bright red color in the meat, which then masks the natural browning of the meat that would occur over time. This could induce consumers to buy and use meat products that are not as fresh as they appear. Furthermore, case ready packages of meat processed with carbon monoxide are not at this time required to have labeling informing consumers that such a process was used.
Even USDA has acknowledged the risk of misrepresentation to consumers by noting that the use of carbon monoxide ``with case ready fresh cuts of meat and ground beef could potentially mislead consumers into believing that they are purchasing a product that is fresher or of greater value than it actually is and may increase the potential for masking spoilage.'' This is precisely the situation Congress, by law, intended to proscribe in establishing the adulteration and misbranding provisions of the Federal Food, Drug and Cosmetic Act (FDCA) and the Federal Meat Inspection Act (FMIA) in the early 1900s.
As a result of recent foodborne illness outbreaks which sickened hundreds and caused several deaths, consumers are becoming increasingly concerned about the federal government's ability to protect them from contaminated food. Consumers want more disclosure about food-processing practices, not obfuscation, as is occurring with meat utilizing a MAP process.
The use of carbon monoxide in the MAP processing of fresh meat means that consumers have no way of judging the freshness of the meat, which Consumer Reports found could be spoiled even before the labeled ``use-by or freeze-by'' date. Proponents of carbon monoxide disingenuously point to smell as a telltale sign of spoilage but consumers can't use smell with sealed packages before the point of purchase. They have to wait until they have purchased the meat and taken it home to open the package and be able to smell it. Those with impaired senses of smell may have difficulty in detecting
``off'' odors. In addition, those at greatest risk of contracting the most serious forms of foodborne illness, such as the elderly, may have difficulty reading the stamped dates on the packages.
The Consumer Federation of America sponsored a national survey that demonstrated overwhelming opposition from consumers to the use of carbon monoxide in meat. When asked whether the practice of treating red meat with carbon monoxide is deceptive or not, 78 percent of consumers surveyed said the practice is deceptive. In that same survey 68 percent of consumers said they would strongly support a mandatory labeling law for carbon monoxide-treated meat.
In addition, industry insistence that consumers rely on
``use-by'' or ``freeze-by'' dates to determine the freshness of the meat is not valid. Conventionally packaged (on-site) meat and ground beef generally has a shelf life of approximately four to five days, at which time the meat turns brown and is either discounted or discarded. Meat that arrives in store in a ``case-ready'' condition in typical packaging (packaging that has not used CO or the MAP process) has a shelf life of 10 to 12 days, before the meat changes color. Contrast these shelf lives with the 28-day shelf life granted by USDA for ground beef that is packaged under a MAP process utilizing carbon monoxide. Even after that period of time, the artificially bright red color persists, lessening the likelihood that consumers will check the ``use-by or freeze-by'' date.
The findings of two studies, one by Consumer Reports and one sponsored by Kalsec and conducted by S&J laboratories, raised serious concerns that some carbon monoxide-treated meat on store shelves and available to consumers may be spoiled prior to the use-by date stamped on the package. Additionally, a study conducted at Texas Tech and submitted to the FDA by supporters of CO-meat seemed to corroborate these findings--that CO-treated meat may be spoiled prior to the use-by date on the label.
The question now becomes, ``Are the agencies acting in the best interests of consumers?'' If you believe as we do that they are not, then it is incumbent upon Congress to act.
As a result of the agencies' acceptance of this process and unwillingness to revisit their decision based on new information provided to them over the course of this past year, the onus is now on consumers to determine for themselves if the meat they are buying is fresh, not presented to them in a deceptive manner, or potentially unsafe. Unfortunately, consumers have been put in this position without the information or tools to make these determinations--such as clear labeling that indicates the use and purpose of carbon monoxide, and communications programs to inform consumers not to use color to judge the freshness and quality of meat, as they usually do. As a result, consumers have no indication that the color of this meat is the result of the addition of carbon monoxide to the packaging and are denied the opportunity to make informed purchasing decisions. This practice therefore can deceive the consumer into believing that meat is fresh when it may be spoiled or that it is of higher quality than it appears.
We respectfully urge the 110th Congress to take this matter up by instituting an immediate ban on the use of carbon monoxide in a MAP process for case-ready fresh meat. This meat is sitting, unlabeled, on grocery store shelves now and no action by FDA or USDA to reconsider its GRAS decision seems to be forthcoming, despite the numerous concerns raised above.
Sincerely,Chris Waldrop,
Consumer Federation of America. Jean Halloran,
Consumers Union.Wenonah Hauter,
Food & Water Watch.Jacqueline Ostfeld,
Government Accountability Project.Linda Golodner,
National Consumers League.Nancy Donley,
S.T.O.P.--Safe Tables Our Priority.
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