[Congressional Record Volume 153, Number 59 (Thursday, April 12, 2007)]
[Senate]
[Pages S4431-S4433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DECEPTIVE FOOD PACKAGING
Mr. LEVIN. Mr. President, today I call attention to a development
within the U.S. Food and Drug Administration, FDA, that has resulted in
the sale of carbon-monoxide-treated meat to American consumers.
Allowing this can deceive American consumers and raises serious public
health concerns since the consumers can no longer rely on the way the
meat looks to indicate its freshness.
The use of carbon monoxide turns beef a shade of red that mimics very
fresh red meat. Mixing carbon monoxide into the pre-packaged, air-tight
packaging of beef allows it to retain its red color long after the
expiration date on the package.
The meatpacking industry argues that beef is actually safe up to 20
days when refrigerated and much longer if it is frozen. They also argue
that because untreated meat can begin to turn brown before its
expiration date, it is
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not a true indication of the meat's freshness and consumers should not
be relying on the color of the meat, but the expiration date on the
package.
That is a theoretical argument that fails in the real world.
Consumers do rely on meat color and the industry knows that the only
purpose of using carbon monoxide is to maintain the red color.
Experiments with treated and untreated packages of beef compared how
they age under refrigeration. After the expiration date, untreated meat
begins to turn brown, while meat was still rosy pink if treated with
carbon monoxide. Even though the treated beef looked fresh, it was in
fact contaminated with E. coli bacterium and salmonella.
The FDA has had longstanding rules against color alteration of meats
but, inexplicably, the FDA has allowed carbon-monoxide-treated
packaging to move forward. I asked the Food and Drug Administration for
an explanation of this change. In their response, the FDA claims that
adding carbon monoxide to the packaging meets their standard of
``generally recognized as safe,'' and no further FDA approval is
required.
Relying on the procedures for substances that are ``generally
recognized as safe'' is inappropriate for color additives and surely
that should include any substance added to food whose purpose is to
change its color. Under the Federal Food, Drug and Cosmetic Act, the
FDA is required to issue, through notice and comment rulemaking, the
permissible conditions of use in regulations ``listing'' the color
additive. The color additive ``listing'' procedure is a transparent
process in which the public is engaged. Consumers have the opportunity
to comment on the safety and deception risks that are presented. For
the FDA to allow the use of carbon monoxide for color alteration under
the ``generally recognized as safe'' notification procedure ignores the
well established listing requirements for public engagement in the
policy development process.
Since there are currently no requirements for the meatpacking
industry to label which meats have been packed in carbon monoxide and
which have not, it is especially important for consumers to look for
the expiration date printed on all meat package labels and not just at
the color of the beef. Even if the meat is purchased before the
expiration date, consumers still need to be aware that beef packaged in
carbon monoxide can spoil at home yet still look fresh. If consumers
judge the freshness of beef by its red color without checking the
expiration date on the package, they risk their health.
Prepackaged beef should not be treated with carbon monoxide, but at a
minimum, meat that has been treated with carbon monoxide should be
clearly labeled so that consumers know what they are buying.
Six consumer groups recently sent a letter to Senators asking that
Congress take action on this important health issue. I ask unanimous
consent that this letter be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Consumer Federation of America--Consumers Union Food &
Water Watch--Government Accountability Project National
Consumers League--Safe Tables Our Priority
January 18, 2007.
Dear Senator: We write to urge Congress to institute a ban
on the use of carbon monoxide in a modified atmosphere
packaging (MAP) process for case-ready fresh meat. In January
2006, consumer groups sent a letter to the Food and Drug
Administration (FDA) and the Department of Agriculture (USDA)
requesting the FDA and the USDA to re-visit their acceptance
of carbon monoxide usage in case-ready meats as a GRAS
(generally recognized as safe) substance. This request was
made for several reasons: (1) the science behind the decision
is questionable; (2) the decision was made without the
benefit of public dialogue and input; (3) this process has
already been banned in Europe; and (4) there is concern by
the American public that the meat that they purchase could
look fresher and safer than it actually is. However, despite
repeated calls from members of Congress and consumer groups,
the agencies have not acted.
The addition of carbon monoxide utilized in the MAP
processing of fresh meat produces a new, bright red color in
the meat, which then masks the natural browning of the meat
that would occur over time. This could induce consumers to
buy and use meat products that are not as fresh as they
appear. Furthermore, case ready packages of meat processed
with carbon monoxide are not at this time required to have
labeling informing consumers that such a process was used.
Even USDA has acknowledged the risk of misrepresentation to
consumers by noting that the use of carbon monoxide ``with
case ready fresh cuts of meat and ground beef could
potentially mislead consumers into believing that they are
purchasing a product that is fresher or of greater value than
it actually is and may increase the potential for masking
spoilage.'' This is precisely the situation Congress, by law,
intended to proscribe in establishing the adulteration and
misbranding provisions of the Federal Food, Drug and Cosmetic
Act (FDCA) and the Federal Meat Inspection Act (FMIA) in the
early 1900s.
As a result of recent foodborne illness outbreaks which
sickened hundreds and caused several deaths, consumers are
becoming increasingly concerned about the federal
government's ability to protect them from contaminated food.
Consumers want more disclosure about food-processing
practices, not obfuscation, as is occurring with meat
utilizing a MAP process.
The use of carbon monoxide in the MAP processing of fresh
meat means that consumers have no way of judging the
freshness of the meat, which Consumer Reports found could be
spoiled even before the labeled ``use-by or freeze-by'' date.
Proponents of carbon monoxide disingenuously point to smell
as a telltale sign of spoilage but consumers can't use smell
with sealed packages before the point of purchase. They have
to wait until they have purchased the meat and taken it home
to open the package and be able to smell it. Those with
impaired senses of smell may have difficulty in detecting
``off'' odors. In addition, those at greatest risk of
contracting the most serious forms of foodborne illness, such
as the elderly, may have difficulty reading the stamped dates
on the packages.
The Consumer Federation of America sponsored a national
survey that demonstrated overwhelming opposition from
consumers to the use of carbon monoxide in meat. When asked
whether the practice of treating red meat with carbon
monoxide is deceptive or not, 78 percent of consumers
surveyed said the practice is deceptive. In that same survey
68 percent of consumers said they would strongly support a
mandatory labeling law for carbon monoxide-treated meat.
In addition, industry insistence that consumers rely on
``use-by'' or ``freeze-by'' dates to determine the freshness
of the meat is not valid. Conventionally packaged (on-site)
meat and ground beef generally has a shelf life of
approximately four to five days, at which time the meat turns
brown and is either discounted or discarded. Meat that
arrives in store in a ``case-ready'' condition in typical
packaging (packaging that has not used CO or the MAP process)
has a shelf life of 10 to 12 days, before the meat changes
color. Contrast these shelf lives with the 28-day shelf life
granted by USDA for ground beef that is packaged under a MAP
process utilizing carbon monoxide. Even after that period of
time, the artificially bright red color persists, lessening
the likelihood that consumers will check the ``use-by or
freeze-by'' date.
The findings of two studies, one by Consumer Reports and
one sponsored by Kalsec and conducted by S&J laboratories,
raised serious concerns that some carbon monoxide-treated
meat on store shelves and available to consumers may be
spoiled prior to the use-by date stamped on the package.
Additionally, a study conducted at Texas Tech and submitted
to the FDA by supporters of CO-meat seemed to corroborate
these findings--that CO-treated meat may be spoiled prior to
the use-by date on the label.
The question now becomes, ``Are the agencies acting in the
best interests of consumers?'' If you believe as we do that
they are not, then it is incumbent upon Congress to act.
As a result of the agencies' acceptance of this process and
unwillingness to revisit their decision based on new
information provided to them over the course of this past
year, the onus is now on consumers to determine for
themselves if the meat they are buying is fresh, not
presented to them in a deceptive manner, or potentially
unsafe. Unfortunately, consumers have been put in this
position without the information or tools to make these
determinations--such as clear labeling that indicates the use
and purpose of carbon monoxide, and communications programs
to inform consumers not to use color to judge the freshness
and quality of meat, as they usually do. As a result,
consumers have no indication that the color of this meat is
the result of the addition of carbon monoxide to the
packaging and are denied the opportunity to make informed
purchasing decisions. This practice therefore can deceive the
consumer into believing that meat is fresh when it may be
spoiled or that it is of higher quality than it appears.
We respectfully urge the 110th Congress to take this matter
up by instituting an immediate ban on the use of carbon
monoxide in a MAP process for case-ready fresh meat. This
meat is sitting, unlabeled, on grocery store shelves now and
no action by FDA or USDA to reconsider its GRAS decision
seems to be forthcoming, despite the numerous concerns raised
above.
Sincerely,
Chris Waldrop,
Consumer Federation of America.
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Jean Halloran,
Consumers Union.
Wenonah Hauter,
Food & Water Watch.
Jacqueline Ostfeld,
Government Accountability Project.
Linda Golodner,
National Consumers League.
Nancy Donley,
S.T.O.P.--Safe Tables Our Priority.
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