[Congressional Record Volume 145, Number 8 (Tuesday, January 19, 1999)]
[Senate]
[Pages S375-S387]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Daschle, Mr. Johnson, Ms. 
        Mikulski, Mr. Kennedy, Mr.

[[Page S387]]

        Torricelli, Mr. Durbin, Mr. Leahy, Mrs. Boxer, Mr. Dorgan, Mr. 
        Wellstone, Mr. Bryan, Mr. Moynihan, and Mr. Kerry):
  S. 18. A bill to amend the Federal Meat Inspection Act and the 
Poultry Products Inspection Act to provide for improved public health 
and food safety through enhanced enforcement; to the Committee on 
Agriculture, Nutrition, and Forestry.


                       safer meat and poultry act

  Mr. HARKIN. Mr. President, I am pleased to introduce S. 18 as part of 
the Democratic package, the SAFER Meat and Poultry Act, a bill that 
will make meat and poultry products safer for our families and our 
children. The bill provisions are simple, obvious authorities the USDA 
needs to assure that meat and poultry products are as safe as possible.
  In 1998, we had a record 13 recalls for deadly E. coli 0157:H7, 
involving more than 2 million pounds of meat products. Tragically, just 
over the recent holidays, a nationwide outbreak of Listeria was 
recognized, leading to the massive recall of hotdogs and cold cuts. At 
least a dozen people lost their lives during that outbreak just over 
the recent holiday season.
  Just last Friday, another recall for Listeria was announced. So 
despite the progress we have made in controlling some foodborne 
pathogens through improved meat inspection laws, problems with other 
pathogens may be getting worse.
  Mr. President, the bill really is targeted at kids, because it is our 
kids who are the most vulnerable. And this chart shows that. These are 
the numbers of cases just for the State of Iowa. And as you see by age, 
here is the number of cases. Here are the ages: 0 to 5, 6 to 10, up to 
80 years of age. You can see, the bulk of the illnesses from foodborne 
pathogens happens when you are less than 6 years of age--our kids who 
have not built up the immunity that they need that get the sickest from 
these foodborne pathogens. This is for Salmonella, E. coli, and 
Campylobacter. It is really necessary to protect our children from 
these pathogens.
  S. 18 strengthens our laws in a number of ways. One is to give the 
Secretary of Agriculture the authority to mandate a recall. Most people 
assume that the Secretary has this authority, but he does not. Some 
argue that a packer or distributor will recall the tainted meat 
voluntarily, but recalls don't always go smoothly.
  In June of last year, a company challenged the USDA on a Federal test 
for E. coli. The Federal test showed E. coli was there. The company 
said no, it was not. They contested it. And, therefore, valuable time 
was lost in recalling that meat product.
  Consumers were shocked in 1997 by the largest recall in history, when 
a Hudson plant recalled 25 million pounds of ground beef linked to 
illnesses.
  When the Secretary of Agriculture is given recall authority, he can 
mandate what tasks must be done and whose responsibility these tasks 
will be. Communication is the most essential element of a timely 
recall.
  Another provision of the bill gives the Secretary the authority to 
levy civil fines for violations of meat and poultry laws. Right now, 
all the Secretary can do is close a plant down. That may not be the 
wisest course of action. You have people working there. It would put 
people out of work. The problem may not be their fault at all.
  Last year, the USDA referred dozens of cases for criminal prosecution 
for violation of meat and poultry laws. So clearly the current 
authorities are not an adequate incentive to protect consumer safety.
  I have here a chart, Mr. President, that shows what civil penalty 
authority the Secretary has. For example, if there is an introduction 
of an animal disease anywhere in the United States, the Secretary of 
Agriculture can levy a fine. If you mistreat an animal, you can be 
fined by the Secretary of Agriculture. If you have a deceptive 
practice, if you violate the Pecan Promotion Act, you can be fined by 
the Secretary of Agriculture. But if you violate the food safety laws, 
you cannot be fined.
  Civil fines are consistent with the new HACCP regulation for meat and 
poultry processing, and provide a ``just right'' option for the 
Secretary to assure compliance with food safety laws.
  What the Secretary has is an atom bomb. He can drop the atom bomb and 
close the plant down, which may not be the best course of action, but 
he cannot levy a civil fine, which may be the best action for certain 
violations.
  Finally, the bill requires, Mr. President, that someone who knows 
about a contaminated food product, other than a consumer, must notify 
the Secretary of Agriculture. These are commonsense authorities.
  Last year we saw a 50% increase in outbreaks, and a record number of 
recalls for the deadly E. coli O157-H7 in ground beef. More and more 
testing is done by grocery stores, and by purchasers for school lunch 
programs and restaurant chains. This bill would require that these 
parties notify the Secretary of Agriculture when there is a positive 
test. This law would allow public health authorities to oversee a 
recall that is timely and complete, and truly protects people from 
devastating illness.
  These are common sense authorities that most consumers assume the 
Secretary already has. I hope my colleagues will join me in supporting 
this important piece of food safety legislation.
  I also wish to indicate my strong support for legislation introduced 
today that will help restore and enhance farm income protection. Our 
farm sector, including livestock and crop production, is experiencing 
one of the worst downturns in over a decade. Pork producers have just 
experienced the worst real hog prices in history. There's a critical 
need for Congress to respond to this financial crisis that is 
threatening the livelihoods and life savings of America's farm 
families, and eroding the economies of rural communities.
  I hope my colleagues will join me in supporting this good, important 
piece of food safety legislation.
  Mr. KENNEDY. Mr. President, I am pleased to be a sponsor of this 
important bill, and I commend Senator Harkin for his leadership on this 
issue. With the high incidence of foodborne illnesses, it is essential 
for regulatory agencies to have the authority necessary to prevent or 
minimize outbreaks of these illnesses, and combat food contamination.
  Microbial contamination of food is an increasing problem. The 
emergence of highly virulent strains of common bacteria, such as E. 
coli 0157, is a significant cause of foodborne illnesses. Common 
infections that were once easily treatable are now a major public 
health threat, as the microorganisms acquire the ability to resist 
destruction by antibiotics.
  The current enforcement authority of the Department of Agriculture is 
not sufficient. Our bill gives the Secretary of Agriculture the 
additional authority he needs in order to recall adulterated or 
misbranded meat or poultry products, and to assess civil penalties 
against processors who repeatedly violate meat and poultry safety 
standards. Most processors comply responsibly with USDA requests for 
voluntary recalls of unsafe products. This additional authority will 
ensure more timely and comprehensive removal of potentially dangerous 
foods from supermarket shelves.
  Such new enforcement tools are necessary to improve food safety in 
general and to reduce the risk of future outbreaks of foodborne 
illnesses. Families across the country deserve to have confidence that 
the meat and poultry they eat are safe, and I look forward to early 
action by Congress on this important legislation.
  Assurance of safe meat and poultry is just one part of the challenge 
of guaranteeing safe food. The safety of produce and of processed food, 
including imported food, is the responsibility of the Food and Drug 
Administration and a major part of President Clinton's Food Safety 
Initiative. I plan to develop legislation, in cooperation with other 
Senators, to ensure that no matter where our food is grown, processed, 
or packaged, it meets uniform high standards of safety.
                                 ______