[Congressional Record Volume 148, Number 98 (Thursday, July 18, 2002)]
[Senate]
[Pages S7043-S7044]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HOLLINGS (for himself, Mr. Lott, and Mr. Breaux):
  S. 2759. A bill to protect the health and safety of American 
consumers under the Federal Food, Drug, and Cosmetic Act from seafood 
contaminated by certain substances; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. HOLLINGS. Mr. President, I rise today as Chairman of the 
Commerce, Science and Transportation Committee to introduce the Seafood 
Safety Enforcement Act of 2002. I am pleased to be joined by the 
Republican minority leader, Senator Trent Lott, and by Senator John 
Breaux, both distinguished members of the Commerce Committee. This Act 
would ensure that imports of seafood into the United States are meeting 
the same food safety standards imposed on seafood that originates from 
the United States.
  Shrimp and other seafood harvested and processed in the United States 
is some of the best quality seafood in the world. I know how hard the 
shrimpers in my State of South Carolina work to bring good, wholesome 
products to our tables. To preserve the quality of seafood, the United 
States has established rigorous food standards to protect the health 
and well-being of American consumers. As part of that approach, we have 
banned the use of certain harmful substances in food-producing animals 
due to the extreme hazards they pose to human health. While these 
standards also apply to imported foods that cross our borders, these 
protections cannot be enforced without adequate inspection and testing.
  Unfortunately, not all countries are applying the same rigorous 
standards that the United States demands for our consumers. In the last 
few months, one of the banned substances, namely the antibiotic 
chloramphenicol, was detected in shrimp and other food product imported 
from several countries to the United States, the European Union and 
Canada. Shockingly these substances have not been detected by the 
inspectors for the federal Food and Drug Administration, FDA, the 
agency responsible for protecting U.S. consumers from adulterated food 
imports. Rather, these substances were detected in the United States by 
independent testing done by State authorities in Louisiana.
  While these products are prohibited by law, FDA testing has never 
detected such substances in food imports. We were alarmed to discover 
that FDA currently tests only 1 to 2 percent of all food imports for 
compliance with food safety standards. This failure to detect such 
substances may be due not only to inadequate frequency of testing, but 
also may be attributed to inadequate testing methods employed by the 
FDA. While the testing protocol used in Europe and Canada can detect 
such substances to 0.3 parts per billion ppb, FDA until very recently 
used a technique that only measures up to 3 ppb, and now is using a 
test that only detects to 1 ppb.
  It is vital that we close this inspection gap at our borders and 
ensure the safety of our food supply, while not placing unreasonable 
burdens on the men and women who are tasked with this huge inspection 
job. This bill would ensure that U.S. consumers are protected from 
serious health risks associated with harmful substances, while allowing 
the continued flow of imports that are shown to be free of these 
harmful substances. It would require FDA to ensure that imports 
suspected of containing such substances are demonstrated to meet food 
safety standards. Such demonstration would be made by the importer or 
exporter, and subject to FDA approval.
  Due to the health threats posed by such substances in our food 
supply, and the national interest of having a uniform inspection and 
testing standard, federal action is appropriate. This bill provides the 
safety and security we seek, while not placing unreasonable burdens on 
our federal food safety inspection system.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page S7044]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2759

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Seafood Safety Enforcement 
     Act''.

     SEC. 2. FINDINGS.

       (1) Chloramphenicol, a potent antibiotic, can cause severe 
     toxic effects in humans, including hypo-aplastic anemia, 
     which is usually irreversible and fatal. The drug is 
     administered to humans only in life-threatening situations 
     when less toxic drugs are not effective.
       (2) Because of these human health impacts, chloramphenicol 
     and similar drugs are not approved for use in food-producing 
     animals in the United States. However, other countries have 
     been found to use these drugs in the aquaculture of shrimp 
     and other seafood, including Thailand, Vietnam, and China.
       (3) The majority of shrimp consumed by the United States is 
     imported. The nation imports 400,000 metric tons of shrimp 
     annually, and the percentage of shrimp imports rises each 
     year. Thailand and Vietnam are the top two exporters of 
     shrimp to the United States, and China is the fifth largest 
     exporter of shrimp to the United States.
       (4) Upon detection of chloramphenicol in certain shipments 
     of seafood from China and other nations, in 2002 the European 
     Union and Canada severely restricted imports of shrimp and 
     other food from these nations.
       (5) The United States Food and Drug Administration inspects 
     only 2 percent of all seafood imports into the United States 
     and utilizes a testing procedure that cannot detect the 
     presence of chloramphenicol below 1 part per billion. The 
     European Union and Canada use testing protocols that can 
     detect such substances to 0.3 parts per billion.
       (6) While Food and Drug Administration import testing did 
     not detect chloramphenicol in shrimp imported from these 
     nations in 2002, independent testing performed by the state 
     of Louisiana detected chloramphenicol at a level of over 2 
     parts per billion in crawfish imported from China.
       (7) Imports of seafood from nations that utilize substances 
     banned in the United States pose potential threats to United 
     States consumers. Denial of entry to contaminated shrimp and 
     other products to the European Union and Canada will likely 
     redirect imports to the United States of contaminated 
     products turned away from these countries.
       (8) Immediate and focused actions must be taken by the 
     Federal government to improve enforcement of food import 
     restrictions of seafood imports in order to protect United 
     States consumers and ensure safety of the food supply.

     SEC. 3. CONTAMINATED SEAFOOD.

       Section 801 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 381) is amended by--
       (1) striking all of the text in the third sentence of 
     subsection (a) after ``section 505,'' and inserting ``or (4) 
     such article is seafood that appears to bear or contain one 
     or more substances listed in section 530.41(a) of title 21, 
     Code of Federal Regulations, or (5) such article is seafood 
     originating from an exporter or country that the Secretary 
     has identified in guidance as a likely source of articles 
     subject to refusal of admission under clause (4) of this 
     sentence, then such article shall be refused admission, 
     except as provided in subsection (c) of this section and, 
     with respect to articles subject to clause (5) of this 
     sentence, except as provided in subsection (b) of this 
     section.'';
       (2) redesignating subsections (b) through (n) as 
     subsections (c) through (o), respectively; and
       (3) inserting after subsection (a) the following:
       ``(b)(1) Notwithstanding clause (5) of the third sentence 
     in subsection (a) of this section, the Secretary may permit 
     individual shipments of seafood originating in a country or 
     from an exporter listed in guidance to be admitted into the 
     United States if evidence acceptable to the Secretary is 
     presented that the seafood in that shipment does not bear or 
     contain a substance listed in section 530.41(a) of title 21, 
     Code of Federal Regulations.
       ``(2) The Secretary may remove a country or exporter listed 
     in guidance under clause (5) of the third sentence of 
     subsection (a) of this section only if the country or 
     exporter has shown to the satisfaction of the Secretary that 
     each substance at issue is no longer sold for use in, being 
     used in, or being used in a manner that could contaminate 
     food-producing animals in the country at issue.''.

     SEC. 4. GUIDANCE FOR REFUSING ENTRY OF SEAFOOD FROM A COUNTRY 
                   OR EXPORTER.

       (a) Issuance of Guidance.--Upon a determination by the 
     Secretary of Health and Human Services that, based on 
     information acceptable to the Secretary, an exporter or 
     country appears to be a source of articles subject to refusal 
     under section 801(a)(4) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 381(a)(4)), the Secretary shall issue 
     guidance described in section 801(a)(5) of that Act.
       (b) Determination Criteria.--In making the determination 
     described in subsection (a), or any determination under 
     section 801(a) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 381(a)), the Secretary may consider--
       (A) the detection of substances described in section 
     801(a)(4) of that Act by the Secretary;
       (B) the detection of such substances by a person 
     commissioned to carry out examinations and investigations 
     under section 702(a) of that Act;
       (C) findings from an inspection under section 704 of that 
     Act;
       (D) the detection by other importing countries of such 
     substances in shipments of seafood that originate from such 
     country or exporter; and
       (E) other evidence or information as determined by the 
     Secretary.
       (c) Annual Report.--The Secretary shall provide a report 
     within 30 days after the end of each fiscal year to the 
     Senate Committee on Health, Education, Labor, and Pensions 
     and the House of Representatives Committee on Energy and 
     Commerce setting forth the names of all countries and 
     exporters for which the guidance described in subsection (a) 
     was issued during that fiscal year.
       (d) Rule of Construction.--Nothing in this Act, and no 
     amendment made by this Act, shall be construed to limit the 
     existing authority of the Secretary of Health and Human 
     Services or the Secretary of the Treasury to consider any 
     information or to refuse admission of any article under 
     section 801(a) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 381(a)).

     SEC. 5. ISSUANCE OF TOLERANCES.

       If, after the date of enactment of this Act, the Secretary 
     of Health and Human Services intends to issue a tolerance 
     under section 512(b) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 360b(b)) for any of the substances listed in 
     section 530.41(a) of title 21, Code of Federal Regulations, 
     then the Secretary shall notify the Senate Committee on 
     Health, Education, Labor, and Pensions and the House of 
     Representatives Committee on Energy and Commerce before 
     issuing that tolerance. The Secretary shall include in the 
     notification a draft of any changes in Federal statute law 
     that may be necessary.

     SEC. 6. CONFORMING AMENDMENTS.

       Section 801 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 381), as amended by subsection (a), is amended by--
       (1) striking ``subsection (b)'' in subsection (d), as 
     redesignated by section 2(2) of this Act, and inserting 
     ``subsection (c)'';
       (2) striking ``subsection (e)'' in paragraph (1) of 
     subsection (g), as redesignated by section 2(2) of this Act, 
     and inserting ``subsection (f)'';
       (3) striking ``section 801(a)'' in paragraph (1)(A)(i) of 
     subsection (h), as redesignated by section 2(2) of this Act, 
     and inserting ``subsection (a) of this section'';
       (4) striking ``section 801(a)'' in paragraph (1)(A)(ii) of 
     subsection (h), as redesignated by section 2(2) of this Act, 
     and inserting ``subsection (a) of this section'';
       (5) striking ``section 801(d)(1);'' in paragraph 
     (1)(A)(iii) of subsection (h), as redesignated by section 
     2(2) of this Act, and inserting ``subsection (e)(1) of this 
     section;''.
       (6) striking ``Subsection (b)'' in paragraph (2) of 
     subsection (k), as redesignated by section 2(2) of this Act, 
     and inserting ``Subsection (c)'';
       (7) striking ``Subsection (b)'' in paragraph (1) of 
     subsection (l), as redesignated by section 2(2) of this Act, 
     and inserting ``Subsection (c)'';
       (8) striking ``Subsection (b)'' in subsection (m), as 
     redesignated by section 2(2) of this Act, and inserting 
     ``Subsection (c)''; and
       (9) striking ``Subsection (b)'' in paragraph (2)(B)(i) of 
     subsection (n), as redesignated by section 2(2) of this Act, 
     and inserting ``Subsection (c)''.
                                 ______