[Congressional Record Volume 150, Number 88 (Wednesday, June 23, 2004)]
[Extensions of Remarks]
[Page E1217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      INTRODUCTION OF THE ``IMPORTATION OF SAFE FOOD ACT OF 2004''

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                        Wednesday, June 23, 2004

  Mr. CONYERS. Mr. Speaker, I rise to announce the introduction of the 
``Importation of Safe Food Act of 2004.'' The Public Health Security 
and Bioterrorism Preparedness and Response Act of 2002 (the Act) 
imposes new requirements intended to protect U.S. consumers from 
adulterated food products. Unfortunately, the U.S. Food and Drug 
Administration, in attempting to comply with the Act, has overstepped 
its authority in a manner that could lead to the unintended 
consequences of raising consumer prices, increasing job losses, and 
threatening legitimate U.S. businesses. This legislation would prevent 
the loss of these important jobs.
  A proposed FDA regulation is scheduled for full enforcement on August 
13, 2004, and would require that confidential manufacturing facility 
registration numbers appear on all prior notices submitted to the FDA 
as a condition of food import. This requirement would be impossible to 
meet for lawful third-party importers who do not deal directly with the 
manufacturers and thus have no means of obtaining the confidential 
numbers. The adversely-affected importers include food wholesalers 
distributing in the secondary marketplace or reimporting American-
manufactured products, and manufacturers bringing competitors' articles 
into this country for sampling or testing.
  The requirement also would create domestic job losses and raise 
consumer prices. For example, it is estimated that thousands of jobs 
within the secondary market industry alone could be at stake. In 
addition, numerous freight forwarders, truckers, and warehousemen who 
work in conjunction with the industry likely would face similarly 
substantial economic hardship. Moreover, the secondary market results 
in cost savings to consumers ranging between 10 and 15 percent. That is 
a major benefit to the American economy that cannot be discounted.
  That is why we are introducing the Importation of Safe Food Act of 
2004. This bill would clarify that (1) the notice must contain the name 
and address of the manufacturer and that the importer must identify 
those parties required to be shown by whatever means available to it; 
and (2) food articles may not be automatically rejected solely on the 
basis of an incomplete notice unless the Secretary is presented with 
additional evidence that the article poses a threat to the health of an 
animal or human. It also would give the government more authority in 
regulating food facilities so that tainted foods cannot enter the 
Nation's food supply.

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