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.
“PROTECTING THE PUBLIC'S HEALTH” mentioning the U.S. Dept of Agriculture was published in the Senate section on pages S6817-S6818 on July 16, 2008.
The publication is reproduced in full below:
PROTECTING THE PUBLIC'S HEALTH
Mr. BROWN. Mr. President, on June 9, just a month ago, Nebraska Beef, an Omaha slaughterhouse, received a notice from the U.S. Department of Agriculture that two beef samples had tested positive for E. coli. By the second week in June, it had also been confirmed that numerous people from my State, Ohioans, had been infected with E. coli O157:H7, a sometimes deadly strain of bacteria. It was not until July 3--June 9 was the original notification--that Nebraska Beef finally acquiesced and issued a recall of 5.3 million pounds of its meat.
Federal officials at the USDA have criticized Nebraska Beef for being slow to respond. Unfortunately for consumers in my State and other places, USDA's authority--beyond issuing public admonishments--to protect the public is limited. In other words, USDA under the law cannot order a recall. They can be critical of Nebraska Beef. They can notify others about what Nebraska Beef is doing. But they cannot order a recall. For instance, most Americans would be alarmed to learn that the Federal Government does not have the power to issue a mandatory recall of contaminated food. Had the USDA been able to issue a mandatory recall of Nebraska Beef once it became clear that consumer safety was at risk due to unsanitary production conditions, unsafe food would have been taken off of the shelves more quickly and fewer people would have purchased it and consumed contaminated meat.
Again, June 9 is when the USDA first found out, but it was not until July 3--almost 4 weeks--until Nebraska Beef did what it should have done right away, something USDA had no authority under law to do. Lives continue to be put at risk because of delay since many consumers may be unknowingly storing infected meat in their kitchens for future use.
I have been on this floor lots of times in the 18 months I have been in the Senate, especially the last 8 or 9 months, talking about food banks and food pantries. I know the Presiding Officer from New Jersey has had particular concerns of constituents of his in places such as Essex County and urban poor areas but also rural, low-income areas or even moderate-income areas where people with jobs, people employed but not making much money have to go to food banks and food pantries to supplement their food budgets because of the cost. We have enough concerns of people getting food. We should not have to have concerns in New Jersey or Ohio about buying food and being uncertain of its safety.
In my State, health officials have confirmed that 21 Ohioans, plus another 20 in other States, have been made ill by this outbreak. Yesterday, reports were released that indicated the outbreak has spread from Ohio and Michigan, where it was initially reported and perhaps confined to, to now New York, Kentucky, Indiana, and possibly Georgia. The 21 ill Ohioans hail from Franklin County, Columbus, Fairfield, which is where Lancaster is the county seat, Lucas, which is where Toledo is located, Delaware, Seneca and Union Counties. Eleven people have required hospitalization.
This recent example is, unfortunately, not an isolated case. An analysis of a selected sample of outbreaks affecting Ohio over the last 5 years has shown a widespread problem. It is not the first time, and it probably will not be the last time. It means it is a real public health issue. Ten outbreaks dating back to 2003 have led to 217 illnesses, 66 hospitalizations, and 1 death.
Of the people exposed to food safety problems, to toxins, to bacteria in our food supply, those who are harmed the most are the very young and very old, people whose immune systems are weaker, who are sick anyway and are most likely to be hospitalized or even die from these kinds of outbreaks. But it affects all of us. Some of these outbreaks, such as those involving hepatitis A and botulinum, cause serious lifelong health problems. It is not a question of your digestive tract clearing it out and surviving these bacteria; sometimes they actually cause long-term health problems.
The top priority for both USDA and the Food and Drug Administration, the two chief food safety oversight agencies, should be to protect the public's health--a mission that will sometimes require swift and decisive action that sometimes the industry simply will not like. It is all about public health.
That is why yesterday I introduced legislation to provide mandatory food recall authority for both the USDA, which is responsible for poultry and beef, and the FDA, which is responsible for most processed foods, fruits and vegetables--everything the USDA doesn't do. Mandatory recall authority will ensure that these agencies have the necessary leverage to demand that those private companies, such as Nebraska Beef, that have sometimes been resistant--many companies have. Many companies that hear it want to deal with it immediately, but some do not. Under our legislation, these agencies will have the necessary leverage to demand that those private companies responsible for feeding our Nation follow strict safety standards, and it means that when mistakes are made, public safety is not compromised.
I have partnered in this initiative with Representative Diana DeGette, a Democrat from Colorado. She and I sat together on the Health Subcommittee of the Energy and Commerce Committee. She still sits there and has been a long-time advocate of making a generally good food-
safety regimen in this country even better. This is one major step in doing that.
In 2004, the GAO concluded that the current recall system, which relies on voluntary action by industry, is flawed and that the USDA and FDA must do better to ensure recalls are prompt and complete. The administration seems to have reached a similar conclusion, asking Congress late last year to provide FDA with mandatory recall authority.
So consumer groups want it, the FDA wants it, the President wants it, and an awful lot of us in this Chamber think the FDA and USDA should have authority to do mandatory recalls. I hope the FDA food safety legislation currently being drafted in both Chambers ultimately includes mandatory recall provisions and that we get a chance to vote on such a proposal this year.
It is imperative both USDA and FDA be given this authority. We can't afford to continue to put the public's health at risk by waiting for some kind of comprehensive legislative package. A simple fix such as the one in my and Representative DeGette's SAFER Meat, Poultry, and Food Act, could solve this glaring deficiency in our food safety system. I implore my colleagues to support our legislation.
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. SANDERS. Mr. President, I ask unanimous consent the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SANDERS. I ask consent to speak as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
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