[Congressional Record Volume 155, Number 175 (Monday, November 30, 2009)]
[Senate]
[Pages S12009-S12011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 2819. A bill to amend the Poultry Products Inspection Act, the 
Federal Meat Inspection Act, and the Federal Food, Drug, and Cosmetic 
Act to require processors of food products to certify to the applicable 
Secretary that the processed food products are not adulterated; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the 
Processed Food Safety Act. When enacted, this bill will make one very 
important principle clear: It is the producer's responsibility to 
produce safe food, it is not the consumer's responsibility to make 
their food safe.
  This legislation gives food producers and anyone else who modifies 
our food

[[Page S12010]]

two options: they can take an additional ``kill-step'' to eliminate all 
verifiable traces of pathogens within each ingredient they have added 
to the product, or they can certify to the Secretary of Agriculture 
that each of the ingredients used to make our food contains no 
verifiable traces of pathogens.
  One would think that this is common sense. Wouldn't any company 
producing or modifying our food take the time, and the care, to make 
sure that their product was safe for us to eat?
  Unfortunately not. Today, more than 100 years after the publishing of 
Upton Sinclair's ``The Jungle,'' much of our food is still produced by 
companies that put their profits over the health of their customers.
  On any given week I can open up the newspaper and find another 
heartbreaking story about the serious health effects of food-borne 
illnesses from tainted products. Anyone who visits the Web sites of the 
USDA or the FDA can see that recalls are not a rare occurrence.
  In the last month the USDA has recalled: Roast beef in Iowa due to 
the presence of undeclared allergens; canned soup in Pennsylvania due 
to the undeclared presence of egg in the product; beef tongues in 
Nebraska and Wisconsin because of improperly removed tonsils, which, 
when consumed, increase the risk of contracting Mad Cow Disease; and 
hundreds of thousands of pounds of ground beef in California, New York, 
and Massachusetts due to the presence of E. coli 0157--the deadliest 
strain of this common pathogen.
  The FDA this month has recalled: Dove ice cream bars in 19 States 
including California for the undeclared presence of peanuts, a 
potentially deadly allergen; Jelly Belly Jelly Beans were also recalled 
due to the presence of peanuts and peanut butter in their product; 
apple and carrot pouches in California that may contain a spore that 
can lead to botulism; vegetarian spring rolls in Maine, which were 
found to have meat products. The uninspected meat could have contained 
any number of food-borne pathogens; pre-made sandwiches in North 
Carolina due to concerns about the presence of Listeria. These bacteria 
can cause serious illness, pregnancy complications and even death; 
salted herring in New York because of the possible presence of the 
spore that can lead to botulism; and dried plums in Texas, found to 
contain traces of lead.
  Simply put, the state of our food supply is alarming. And without 
serious reform and leadership from this Congress, things will not get 
any better. That is why today I am introducing the Processed Food 
Safety Act.
  As I said, this bill will require companies that process any kind of 
food, from ground beef to frozen pot pies, to test their finished 
products and their ingredients to make sure that they are safe to eat 
and pathogen free.
  I mentioned ground beef and frozen pot pies, two very different 
items, because both of these seemingly unrelated products have been the 
subject of two recent exposes in the New York Times.
  On October 4, 2009, writer Michael Moss highlighted the disturbing 
realities in the ground beef industry, at each step in the process. He 
found slaughterhouses don't take time to properly remove intestines and 
fecal matter which then contaminate meat with E. coli. These 
slaughterhouses then sell to grinders who agree not to test their 
product for contaminants. Meat grinders purchase scraps from a variety 
of slaughterhouses across the country and across the globe. They then 
combine their scraps in a way that makes it virtually impossible to 
trace back their ingredients for public health purposes. Federal 
agencies offer regulations and guidance, but they fail to compel the 
industry to comply with their safety standards.
  Each individual oversight is a problem, but together, they represent 
a clear, systematic failure of the overall food safety system.
  This story makes it abundantly clear that the companies producing our 
ground beef spend more time worrying about how to avoid testing for 
pathogens than they spend trying to make their products safe.
  The New York Times ran another story on May 15 that highlights 
serious concerns about frozen chicken pot pies.
  The newspaper discovered that ConAgra, a frozen food giant which 
produced and sold over 100 million pot pies last year, decided to make 
consumers responsible for killing pathogens in their products instead 
of taking the responsibility themselves.
  As consumers, we expect that producers of these frozen meals have 
properly cleaned and washed their ingredients before repackaging them 
for sale. We expect that these frozen entrees are ready for 
consumption--just ``heat and eat,'' the popular advertising motto tells 
us.
  However, as this story points out, companies have actually tried to 
shift this burden to the consumer by requiring very specific, often 
burdensome cooking instructions which require the use of a meat 
thermometer to test the temperature of a product in several different 
places.
  What is even more shocking is that the authors found that it was 
virtually impossible to meet the cooking specifications put on the box 
by ConAgra.
  On the outside of the box, the cooking instructions state that the 
product must reach 160 degrees in several places as tested by a meat 
thermometer, before the product is safe to eat.
  However the New York Times found that even after using a higher power 
microwave than recommended by ConAgra, and cooking the product for an 
additional 1 minute and 30 seconds, 30 percent longer than recommended, 
parts of the pot pie did not reach the temperature recommended by 
ConAgra to kill pathogens within their product.
  When asked if a sample of their product that was cooked above and 
beyond their recommendations was safe to eat even though it did not 
reach the recommended temperature, the company conceded that it was not 
safe for human consumption.
  Other frozen food products from Nestle, Swanson, and Hungry-Man were 
also tested to see if their cooking directions were clear, simple, and 
adequate. Not surprisingly, the New York Times found that their tests 
on these products yielded similar results.
  Increasingly, food producers are using consumer cooking instructions 
as a method to deflect responsibility for the safety of their product. 
These companies effectively said that it was up to the consumer to kill 
potentially deadly doses of E. coli and Salmonella in their frozen 
meals.
  Under current law, food producers are allowed to get away with this. 
That is why I am introducing the Processed Food Safety Act.
  The bill will dean up the food industry by: amending the Poultry 
Products Inspection Act, the Federal Meat Inspection Act and the 
Federal Food, Drug and Cosmetic Act to prohibit the sale of any 
processed poultry, meat or FDA-regulated food that has not undergone a 
pathogen reduction treatment or been certified to be virtually pathogen 
free; doing away with loopholes in current laws that allow for 
producers to add coloring, synthetic flavorings and spices to their 
products without informing the consumer; and banning the sale of food 
that has not undergone these rigorous inspections and safety 
procedures.
  The Processed Food Safety Enhancement Act will force companies to 
produce safe foods. And, it will let consumers know that their health 
is more important than the financial interests of the food industry.
  Some may argue that this bill will be too expensive, because the 
inspections and tests required by this bill may raise the cost of food. 
I believe that these concerns are short-sighted.
  The Centers for Disease Control and Prevention estimate that food-
borne illnesses sicken up to 76 million people, cause 325,000 hospital 
visits, and cause more than 5,000 deaths each year. The CDC estimates 
that these illnesses annually cost American taxpayers up to $6 billion.
  By another metric, the USDA food-borne illness cost calculator 
estimates that Salmonella cost the United States $2.6 billion in 2008, 
and E. coli 0157 cost $478 million.
  By implementing more rigorous safety standards for our food, the 
Processed Food Safety Act may actually result in a substantial cost 
savings to the average American consumer.
  But that misses the point. This bill, and this problem cannot be 
measured in dollars and cents. Food-borne illnesses kill up to 5,000 
people every year. In this day and age, this is simply unacceptable. We 
cannot let this go on.

[[Page S12011]]

  Food producers must be held responsible for the safety of their 
products. In the early 1900s Congress acted forcefully to prohibit the 
most egregious violations in food production. Today, 104 years after 
``The Jungle'' was published, it is time for Congress to again take up 
this important fight.
  The Processed Food Safety Act puts the responsibility for food safety 
back where it belongs. This legislation protects consumers and keeps 
our food safe.
  I am proud to introduce this legislation, and I urge my colleagues to 
support this important, commonsense bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2819

       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 ``Processed Food Safety Act of 
     2009''.

     SEC. 2. POULTRY SAFETY.

       (a) Definition of Misbranded.--Section 4(h) of the Poultry 
     Products Inspection Act (21 U.S.C. 453(h)) is amended--
       (1) in paragraph (5)--
       (A) by inserting ``(A)'' after ``(5)'';
       (B) by striking ``showing (A) the name'' and inserting the 
     following: ``showing--
       ``(i) the name'';
       (C) by striking ``distributor; and (B) an accurate'' and 
     inserting the following: ``distributor;
       ``(ii) subject to subparagraph (B), an accurate''; and
       (D) by striking ``count: Provided, That under clause (B) of 
     this subparagraph (5), reasonable'' and inserting the 
     following: ``count; and
       ``(iii) an accurate description of each cut of poultry or 
     poultry product contained in the package or other container; 
     and
       ``(B) except that under subparagraph (A)(ii), reasonable'';
       (2) in paragraph (7)(B), by striking ``(other than spices, 
     flavoring, and coloring)''; and
       (3) in paragraph (9)(B), by striking ``; except that 
     spices, flavorings, and colorings may, when authorized by the 
     Secretary, be designated as spices, flavorings, and colorings 
     without naming each''.
       (b) Prohibited Acts.--Section 9 of the Poultry Products 
     Inspection Act (21 U.S.C. 458) is amended--
       (1) in paragraph (5), by striking the period at the end and 
     adding ``or''; and
       (2) by adding at the end the following:
       ``(6) sell, transport, offer for sale or transportation, or 
     receive for transportation, in commerce, any poultry or 
     poultry product that is capable of use as human food, unless 
     the person (including any slaughterer, poultry products 
     broker, renderer, processor, reprocessor, retail food store, 
     or official establishment) affirmatively certifies to the 
     Secretary that--
       ``(A) each ingredient in the poultry or poultry product 
     that was added, modified, or otherwise handled by the person 
     has undergone a pathogen reduction treatment in accordance 
     with requirements of the Secretary that will reduce the 
     presence of pathogens of public health concern and other 
     harmful food borne contaminants; or
       ``(B) the person has tested and certified that each 
     ingredient in the poultry or poultry product that was added, 
     modified, or otherwise handled by the person contains no 
     verifiable traces of pathogens.''.
       (c) Phase-in Period.--Paragraph (6) of section 9 of the 
     Poultry Products Inspection Act (as added by subsection 
     (b)(2)) shall not apply until the date that is 18 months 
     after the date of enactment of this Act.

     SEC. 3. MEAT SAFETY.

       (a) Definition of Misbranded.--Section 1(n) of the Federal 
     Meat Inspection Act (21 U.S.C. 601(n)) is amended--
       (1) in paragraph (5)--
       (A) by inserting ``(A)'' after ``(5)'';
       (B) by striking ``showing (A) the name'' and inserting the 
     following: ``showing--
       ``(i) the name'';
       (C) by striking ``distributor; and (B) an accurate'' and 
     inserting the following: ``distributor;
       ``(ii) subject to subparagraph (B), an accurate''; and
       (D) by striking ``count: Provided, That under clause (B) of 
     this subparagraph (5), reasonable'' and inserting the 
     following: ``count; and
       ``(iii) an accurate description of each cut of meat or meat 
     food product contained in the package or other container; and
       ``(B) except that under subparagraph (A)(ii), reasonable'';
       (2) in paragraph (7)(B), by striking ``(other than spices, 
     flavoring, and coloring)''; and
       (3) in paragraph (9)(B), by striking ``; except that 
     spices, flavorings, and colorings may, when authorized by the 
     Secretary, be designated as spices, flavorings, and colorings 
     without naming each''.
       (b) Prohibited Acts.--Section 10 of the Federal Meat 
     Inspection Act (21 U.S.C. 610) is amended--
       (1) by striking ``SEC. 10. No person'' and inserting the 
     following:

     ``SEC. 10. PROHIBITED ACTS.

       ``No person'';
       (2) in subsection (c)--
       (A) by striking ``in commerce (1) any'' and inserting the 
     following: ``in commerce--
       ``(A) any'';
       (B) by striking ``which (A) are capable of use as human 
     food and (B) are'' and inserting the following: ``that--
       ``(i) are capable of use as human food; and
       ``(ii) are''; and
       (C) by striking ``(2) any'' and inserting the following:
       ``(B) any'';
       (3) by redesignating subsections (a) through (d) as 
     paragraphs (1) through (4), respectively, and indenting 
     appropriately;
       (4) in paragraph (4) (as so redesignated), by striking the 
     period at the end and inserting ``; or''; and
       (5) by adding at the end the following:
       ``(5) sell, transport, offer for sale or transportation, or 
     receive for transportation, in commerce, any meat or meat 
     food product that is capable of use as human food, unless the 
     person, firm, or corporation (including any slaughterer, meat 
     broker, renderer, processor, reprocessor, retail food store, 
     or official establishment) affirmatively certifies to the 
     Secretary that--
       ``(A) each ingredient in the meat or meat food product that 
     was added, modified, or otherwise handled by the person, 
     firm, or corporation has undergone a pathogen reduction 
     treatment in accordance with requirements of the Secretary 
     that will reduce the presence of pathogens of public health 
     concern and other harmful food borne contaminants; or
       ``(B) the person, firm, or corporation has tested and 
     certified that each ingredient in the meat or meat food 
     product that was added, modified, or otherwise handled by the 
     person, firm, or corporation contains no verifiable traces of 
     pathogens.''.
       (c) Phase-in Period.--Paragraph (5) of section 10 of the 
     Federal Meat Inspection Act (as added by subsection (b)(5)) 
     shall not apply until the date that is 18 months after the 
     date of enactment of this Act.

     SEC. 4. FOOD SAFETY.

       (a) Pathogen Reduction Treatment.--Chapter IV of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 418. PATHOGEN REDUCTION TREATMENT.

       ``(a) In General.--The Secretary shall promulgate 
     regulations requiring each facility registered under section 
     415 to apply pathogen reduction treatments to each food, as 
     the Secretary determines appropriate, that such facility 
     manufactures, processes, packages, or holds for consumption 
     in the United States.
       ``(b) Certification.--The Secretary shall promulgate 
     regulations requiring each facility described in subsection 
     (a) to certify to the Secretary that--
       ``(1) each food manufactured, processed, packaged, or held 
     (including each ingredient of such food that is added, 
     modified, or otherwise handled) by such facility contains no 
     verifiable traces of pathogens; or
       ``(2) each food leaving such facility has received pathogen 
     reduction treatments, as required by the regulations 
     promulgated under such subsection.''.
       (b) Phase-in Period.--The requirements under section 418(b) 
     of the Federal Food, Drug, and Cosmetic Act (as added by 
     subsection (a)) shall not apply until the date that is 18 
     months after the date of enactment of this Act.
       (c) Technical Amendment.--Section 402 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding 
     at the end the following:
       ``(j) If the facility has not provided a certification 
     required under section 418.''.
       (d) Labeling With Respect to Spices, Flavoring, and 
     Coloring.--Section 403 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 343) is amended--
       (1) in paragraph (g), by striking ``(other than spices,'' 
     and inserting ``(including spices,'';
       (2) in paragraph (i), by striking ``; except that spices, 
     flavorings, and colors not required to be certified under 
     section 721(c) unless sold as spices, flavorings, or such 
     colors, may be designated as spices, flavorings, and 
     colorings without naming each'';
       (3) in paragraph (k), by striking ``The provisions of this 
     paragraph and paragraphs (g) and (i) with respect to 
     artificial coloring shall not apply in the case of butter, 
     cheese, or ice cream.''; and
       (4) in paragraph (x), by striking ``Notwithstanding 
     subsection (g), (i), or (k), or any other law, a'' and 
     inserting ``A''.

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