[Congressional Record Volume 152, Number 87 (Thursday, June 29, 2006)]
[Senate]
[Pages S6801-S6802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 3615. A bill to amend the Federal Meat Inspection Act, the Poultry 
Products Inspection Act, and the Federal Food, Drug, and Cosmetic Act 
to provide for improved public health and food safety through enhanced 
enforcement, and for other purposes; to the Committee on Agriculture, 
Nutrition, and Forestry.
  Mr. HARKIN. Mr. President, today, I am introducing the Safe and Fair 
Enforcement and Recall for Meat, Poultry, and Food--SAFER--Act. This 
legislation will protect consumers from contaminated meat and poultry 
by giving the Department of Agriculture, USDA, and the Department of 
Health and Human Service's Food and Drug Administration, FDA, greater 
authority to remove unsafe products from the market.
  If enacted, the bill would give USDA and FDA the following three key 
tools in keeping food safe for consumers: authority to mandate that a 
company recall unsafe meat, poultry, and food products if a company 
fails to voluntarily recall unsafe or unwholesome food; require 
companies to notify USDA or FDA if they know a product is adulterated 
or misbranded; and authority to USDA and FDA to levy civil penalties if 
a company violates federal meat, poultry, or food laws. USDA and FDA 
are lacking fundamental authorities to maintain a safe and secure food 
supply. This legislation would change that.
  Foodborne illness continues to be a far too common problem in the 
United States. The Centers for Disease Control and Prevention, CDC, 
estimate that each year 76 million illnesses, 325,000 hospitalizations, 
and 1,800 deaths can be attributed to foodborne diseases. USDA's 
Economic Research Service estimates that the cost of foodborne illness 
is $6.9 billion a year in medical

[[Page S6802]]

costs, productivity losses, and premature deaths. Even in the face of 
such numbers, companies say USDA and FDA do not need more effective 
tools to enforce food safety standards. They say the food industry is 
compliant with voluntary recalls. It is true most companies do comply, 
but there have been problems and delays in recalls. The problem is, 
USDA and FDA have no backup authority to order a recall if the company 
refuses. What happens then? Without this legislation, USDA and FDA have 
to lose precious time to get unsafe product off the shelves. Another 
criticism of this legislation is that it would give USDA too much power 
to mandate recalls, and may even push the Department to go too far. 
However, the bill has a procedure for due process, so that if a company 
has evidence that a recall or civil penalties are unjustified, they are 
appealable before an administrative law judge.
  In addition to mandatory recall authority, the authority to levy a 
financial penalty if a company does not comply with our food safety 
laws is crucial to enforcing the standards. Civil penalties are an 
effective deterrent to stop violators and are already used to enforce 
analogous federal safety standards. Currently, USDA and FDA can only 
withdraw inspectors and shut down a plant that repeatedly or willfully 
violates our meat, poultry and food laws, which can often be a lengthy 
and costly process. Such drastic action is very seldom even taken. The 
ability to levy civil penalties gives USDA and FDA a much-needed tool 
for ensuring compliance with our food safety laws.
  USDA recently proposed a rule to provide the public with valuable 
information about meat and poultry that is voluntarily recalled. The 
rule will disclose the names and locations of stores where such 
products have been sold. While I believe this is a step in the right 
direction, it is not enough to protect consumers. This USDA rule does 
little more than place the burden on consumers to protect their 
families or themselves from foodborne illnesses. The SAFER Meat, 
Poultry, and Food Act would act as a complement to this USDA proposal, 
and would give USDA, as well as FDA, the power to enforce the food 
safety standards they have set. I urge my colleagues to support this 
legislation to protect the American consumer.
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