[Congressional Record Volume 147, Number 132 (Thursday, October 4, 2001)]
[Senate]
[Pages S10295-S10296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Torricelli, Ms. Mikulski, and 
        Mrs. Clinton):
  S. 1501. A bill to consolidate in a single independent agency in the 
Executive branch the responsibilities regarding food safety, labeling, 
and inspection currently divided among several Federal agencies; to the 
Committee on Government Affairs.
  Mr. DURBIN. Mr. President, today I am introducing legislation that 
would replace the current fragmented Federal food safety system with a 
single agency responsible for all Federal food safety activities, the 
Safe Food Act of 2001. I am pleased to be joined by Senators 
Torricelli, Mikulski, and Clinton in this important effort.
  Make no mistake, our country has been blessed with one of the safest 
and most abundant food supplies in the world. However, we can do 
better. Foodborne illnesses and hazards are still a significant problem 
that cannot be passively dismissed.
  The Centers for Disease Control and Prevention, CDC, estimate that as 
many as 76 million people will suffer from food poisoning this year. Of 
those individuals, approximately 325,000 will be hospitalized, and more 
than 5,000 will die. The Department of Health and Human Services, HHS, 
also predicts that foodborne illnesses and deaths will increase 10-15 
percent over the next decade. With emerging pathogens, an aging 
population with a growing number of people at high risk for foodborne 
illnesses, broader distribution patterns, an increasing volume of food 
imports, and changing consumption patterns, this situation is not 
likely to improve without decisive action.
  Foodborne illnesses are not only a safety concern for our citizens. 
They are also a costly problem for the Nation. In terms of medical 
costs and productivity losses, foodborne illness costs the Nation up to 
$37 billion annually.
  American consumers spend more than $617 billion annually on food, of 
which about $511 billion is spent on foods grown on U.S. farms. Our 
ability to ensure that our food supply is safe, and to react rapidly to 
potential threats to food safety is critical not only for public 
health, but also to the vitality of both domestic and rural economies 
and international trade.
  Many of you have probably followed the stories about the European 
food crises, dioxin contamination of Belgian food, foot-and-mouth 
disease in the United Kingdom, and mad cow disease spreading to 13 
European countries, as well as to Asia. While these diseases have 
thankfully not reached the United States, they do cause American 
consumers concern and remind us that food safety fears are global.
  Today, food moves through a global marketplace. This was not the case 
in the early 1900s when the first Federal food safety agencies were 
created. Throughout this century, Congress responded by adding layer 
upon layer, agency upon agency, to answer the pressing food safety 
needs of the day. That's how the Federal food safety system got to the 
point where it is today. And again as we face increasing pressures on 
food safety, the Federal Government must respond. But we must respond 
not only to these pressures but also to the highly fragmented nature of 
the Federal food safety structure.

  Fragmentation of our food safety system is a burden that must be 
changed to protect the public health from these increasing pressures. 
Currently, there are at least 12 different Federal agencies and 35 
different laws governing food safety. With overlapping jurisdictions, 
Federal agencies often lack accountability on food safety-related 
issues.
  The General Accounting Office, GAO, has also been unequivocal in its 
recommendation for consolidation of Federal food safety programs. Over 
the past two years, GAO has issued numerous reports on topics such as 
food recalls, food safety inspections, and the transport of animal 
feeds. Each of these reports highlight the current fragmentation and 
inconsistent organization of the various agencies involved in food 
safety oversight. In August 1999, GAO testified that a ``single 
independent food safety agency administering a unified, risk-based food 
safety system is the preferred approach . . .'' to food safety 
oversight. Also, in a May 25, 1994 report, GAO cites that its testimony 
in support of a unified, risk-based food safety system ``is based on 
over 60 reports and studies issued over the last 25 years by GAO, 
agency Inspectors General, and others.'' The Appendix to the 1994 GAO 
report lists 49 reports since 1977, 9 USDA Office of Inspector General 
reports since 1986, 1 HHS Office of Inspector General report in 1991, 
and 15 reports and studies by Congress, scientific organizations, and 
others since 1981.
  The National Academy of Sciences, NAS, has also concluded that the 
current fragmented food safety system is less than adequate to meet 
America's food safety needs. In August 1998, the NAS released a report 
recommending the establishment of a ``unified and central framework'' 
for managing Federal food safety programs. They instructed that the 
unified system should be ``one that is headed by a single official and 
which has the responsibility and control of resources for all Federal 
food safety activities.''
  I agree with the recommendations of both the GAO and the NAS. A 
single food safety agency is needed to replace the current, fragmented 
system. My proposed legislation would combine the functions of USDA's 
Food Safety and Inspection Service, FDA's Center for Food Safety and 
Applied Nutrition and the Center for Veterinary Medicine, the 
Department of Commerce's Seafood Inspection Program, and the food 
safety functions of other Federal agencies. This agency would be funded 
with the combined budgets from these consolidated agencies.
  Following the events of September 11, we are more keenly focused on 
how varied aspects of America's homeland

[[Page S10296]]

security, including our Nation's food supply, may be vulnerable to 
attack. Our Federal food safety system must be able to prevent 
potential food hazards from reaching the public. A single food safety 
agency will help ensure that we have a cohesive process to address all 
ongoing and emerging threats to food safety.
  With overlapping jurisdictions, Federal agencies many times lack 
accountability on food safety-related issues. There are simply too many 
cooks in the kitchen. A single agency would help focus our policy and 
improve enforcement of food safety and inspection laws.
  Over 20 years ago, the Senate Committee on Governmental Affairs 
advised that consolidation is essential to avoid conflicts of interest 
and overlapping jurisdictions. This 1977 report stated, ``While we 
support the recent efforts of FDA and USDA to improve coordination 
between the agencies, periodic meetings will not be enough to overcome 
[these] problems.''
  It's time to move forward. Let's stop discussing the need to 
consolidate and instead take steps to make consolidation happen. Let us 
create what only makes sense, a single food safety agency!
  A single agency with uniform food safety standards and regulations 
based on food hazards would provide an easier framework for 
implementing U.S. standards in an international context. When our own 
agencies don't have uniform safety and inspection standards for all 
potentially hazardous foods, the establishment of uniform international 
standards will be next to impossible.
  Research could be better coordinated within a single agency than 
among multiple programs. Currently, Federal funding for food safety 
research is spread over at least 20 Federal agencies, and coordination 
among those agencies is ad hoc at best.
  New technologies to improve food safety could be approved more 
rapidly with one food safety agency. Currently, food safety 
technologies must go through multiple agencies for approval, often 
adding years of delay.
  Food recalls are on the rise. In fact, at the end of August 2001, 
FSIS reported that there have been over fifty recalls of meat and 
poultry products throughout the Nation this year alone. Under these 
serious circumstances, it is important to move beyond short-term 
solutions to major food safety problems. A single food safety and 
inspection agency could more easily work toward long-term solutions to 
the frustrating and potentially life-threatening issue of food safety.
  In this era of limited budgets, it is our responsibility to modernize 
and streamline the food safety system. The U.S. simply cannot afford to 
continue operating multiple systems. This is not about more regulation, 
a super agency, or increased bureaucracy. It is about common sense and 
more effective marshaling of our existing Federal resources.
  Together, we can bring the various agencies together to eliminate the 
overlap and confusion that have, unfortunately, at times characterized 
our food safety efforts. We need action, not simply reaction. I 
encourage my colleagues to join me in this effort to consolidate the 
food safety and inspection functions of numerous agencies and offices 
into a single food safety agency.
                                 ______