[Congressional Record Volume 145, Number 155 (Friday, November 5, 1999)]
[Senate]
[Pages S14088-S14089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Harkin):
  S. 1868. A bill to improve the safety of shell eggs; to the Committee 
on Agriculture, Nutrition, and Forestry.


                         egg safety act of 1999

  Mr. DURBIN. Mr. President, today I am introducing the Egg Safety Act 
of 1999. This legislation would improve the safety of our nation's egg 
supply by granting USDA's Food Safety and Inspection Service (FSIS) the 
authority to regulate and inspect shell eggs from farm to retail level, 
requiring labeling on egg cartons, requiring uniform expiration dating 
for all shell eggs, and prohibiting repackaging of eggs.

[[Page S14089]]

  Last year, I requested a report from the General Accounting Office 
(GAO) regarding the safety of our egg supply. On July 1 of this year, 
that report was released at a hearing before the Government Affairs 
Subcommittee on Oversight of Government Management, on which I serve. 
According to the report, the GAO found cracks, confusion and 
contradictions in our nation's efforts to protect consumers against 
contaminated eggs and egg products.
  Approximately 67 billion eggs are sold each year in the United 
States, with each American eating an average of 245 during that time. 
Eggs are a nutrient-dense food that plays an important part in most 
Americans' diets, either alone or as an ingredient in other foods. 
However, eggs, like any other perishable product, need to be handled 
with care. Perishable products will always have a degree of risk, but 
this risk is manageable.
  According to the Centers for Disease Prevention and Control (CDC), 
Salmonella enteriditis (SE), a bacteria commonly associated with raw or 
undercooked eggs, caused about 300,000 illnesses in 1997, resulting in 
between 115 and 230 deaths. According to the U.S. Department of 
Agriculture (USDA), the economic costs of food-borne illnesses related 
to eggs were estimated to be between $225 million and $3 billion in 
1996. Between 1985 and 1998, 81.7 percent of SE outbreaks were 
associated with eggs.
  In 1998, the Illinois Department of Public Health recorded 405 
reported cases and five deaths resulting from SE. Food-borne illness 
has struck in Illinois several times over the past decade, including a 
1990 outbreak of SE from bread pudding with 1,100 reported cases; a 
1993 outbreak of SE from pancakes with 22 reported cases; and a 1993 
outbreak of SE from bearnaise sauce with 13 reported cases.
  Make no mistake about it: our country has one of the safest egg 
supplies in the world. But we have the science and know-how to make it 
even safer. Eating French toast, Caesar salad, or any other foods that 
may include raw or undercooked eggs is a manageable risk that can be 
reduced even further. Make some common sense changes in our federal 
food safety efforts can protect consumers, families and the credibility 
of U.S. food products at home and abroad.
  How would putting all egg safety responsibilities within one agency 
make eggs safer? According to the GAO report, lack of coordination 
between the four federal agencies responsible for egg safety has 
resulted in gaps, inconsistencies and inefficiencies. For example, 
while one of those agencies, USDA, conducts daily inspections of plants 
where eggs are broken and made safe by pasteurization, another agency, 
Food and Drug Administration, rarely inspects egg farms or facilities 
where unbroken shell eggs are packed unless the agency is trying to 
trace an outbreak of illness.
  The absence of or inconsistent egg carton expiration dating laws can 
mislead consumers. Consumers may believe the expiration date accurately 
reflects the age of the egg. For example, when comparing carton dates, 
a consumer may be more likely to select eggs not graded by USDA because 
a later date on the carton seems to imply that those eggs are fresher. 
But the eggs with the later date may actually be the older ones. Under 
the USDA Agricultural marketing Service voluntary egg grading program, 
expiration dates are set at 30 days from the date the eggs were packed. 
However, some egg processors that do not participate in the voluntary 
program set their own expiration date or have no expiration date at 
all.
  The Egg Safety Act of 1999 would require uniform expiration dating 
for all shell eggs. No eggs packed for consumers could be older than 21 
days from the date of lay when packed, and they must carry an 
``expiration date'' or ``sell by date'' of no more than 30 days from 
the packing date.
  Repackaging or re-dating of eggs provides the wrong information to 
consumers. Both time and temperature safeguards are likely to be 
compromised in eggs that are repackaged. For example, repackaged eggs 
are re-washed in hot water which can lead to increased SE risk. Under 
the USDA Agricultural Marketing Service voluntary egg grading program, 
which includes 30 percent of shell eggs, repackaging is prohibited for 
eggs coming back from the retail level but allowed for eggs stored at 
the packaging plan. Industry has called for a prohibition on egg 
repackaging.
  While repackaging may not be a widespread practice, it should be 
completely prohibited. The Egg Safety Act of 1999 would prohibit eggs 
returned to the packer from grocery stores or other retail 
establishments from being repackaged as shell eggs intended for human 
consumption. These eggs could only be diverted for further processing 
as pasteurized egg products.
  The Egg Safety Act of 1999 would also grant FSIS the authority to 
regulate and inspect shell eggs from farm to retail level for the 
purpose of ensuring the protection of public health. The standard for 
inspection frequency would be ``continuous monitoring and verification 
of performance standards.'' The bill would also require FSIS to 
implement a ``Hazard Analysis and Critical Control Point'' (HACCP) 
program for egg safety.
  The Egg Safety Act of 1999 would require labeling on egg cartons to 
warn consumers of the risk of illness associated with consuming raw or 
undercooked eggs. This labeling requirement would be in addition to the 
current ``keep refrigerated'' label which remains a requirement for all 
eggs.
  The Egg Safety Act of 1999 is supported by the Center for Science in 
the Public Interest, Consumers Union and Consumer Federation of 
America.
  Consumers should have the information they need and the assurance 
they deserve when buying eggs. They should be able to count on the fact 
that what they're putting on the table is as safe as possible. The Egg 
Safety Act of 1999 is one step toward ensuring that goal.
  Mr. President, I urge my colleagues to join me in cosponsoring this 
important legislation, to give people the assurance that the eggs they 
buy are safe.
                                 ______