[Congressional Record Volume 156, Number 151 (Thursday, November 18, 2010)]
[Senate]
[Pages S8010-S8014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          FDA FOOD SAFETY MODERNIZATION ACT--MOTION TO PROCEED

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of the motion to proceed to S. 510, 
which the clerk will report.
  The legislative clerk read as follows:

       Motion to proceed to the consideration of Calendar No. 247, 
     S. 510, a bill to amend the Federal Food, Drug, and Cosmetic 
     Act with respect to the safety of the food supply.

  The ACTING PRESIDENT pro tempore. The Senator from Montana.
  Mr. TESTER. Madam President, I wish to make a brief statement about 
the food safety bill. I very much appreciate the opportunity now that 
this important legislation is shaping up to be a much better bill with 
the inclusion of my amendment for family-scale producers. It protects 
the jobs of family farmers and ranchers and processors. It is time to 
get this bill passed and strengthen food safety for all Americans.
  There is little disagreement that the necessity of this bill is real. 
If you take a look at the impacts of recent E. coli outbreaks, of 
salmonella and those kinds of foodborne diseases out there, it is 
absolutely critical we get this bill passed. I had some concerns with 
this bill as it was originally introduced, on its impacts to family-
sized growers and processors. The fact of the matter is, these are 
folks who help build this country, and undue regulation on them--and I 
do believe it would be undue regulation--would simply stop a movement 
in this country that has gone on since this country's inception, but 
more recently we have gone back to it with locally produced foods.
  It is critically important my amendment be part of this bill. I 
appreciate everybody who worked to make that happen. Here is why. We 
deal with consolidation in our energy sector, we deal with 
consolidation in our banking sector--we have done it since I have 
gotten here, and before. We have consolidation in our food industry 
too. The fact is, we need to not encourage that consolidation. If we 
can get more locally grown food, if we get producers who connect up 
with consumers eyeball to eyeball, that is a positive thing. I don't 
want to diminish their ability to do that. My amendment protects the 
ability for farmers markets to flourish and provide food for people 
locally, without shipping it halfway around the world and back again. 
Yet this bill also puts regulations on the industrialized folks 
because, frankly, with the size of their operations and because they 
are highly mechanized, when a mistake is made it can affect hundreds of 
thousands of people in 10, 20, 30 States. So this bill is a win-win for 
consumers, both locally and consumers who deal with the more highly 
industrialized food suppliers.
  People have asked me why do you think the small guys can even be 
regulated by the local and State regulators in this country? First of 
all, they are small and there is a pride of ownership there that is 
real. They raise food, they don't raise a commodity, as happens when 
operations get bigger and bigger. There is a direct customer 
relationship with that processor or that farmer that means a lot. If a 
mistake is made--which rarely happens--it doesn't impact hundreds of 
thousands of people. We know exactly where the problem was and we know 
exactly how to fix it. So the traceability of the outbreaks is 
immediate and is taken care of without impacting 20 or 30 States and 
hundreds of thousands of people.
  As we move forward with this bill, I think it is incredibly important 
that we do things as we did in the last farm bill--move forward with 
locally grown food, move forward with that farmers market model that 
helps people get to know the people who produce and process their food. 
We don't want to throw undue paperwork on those folks. They don't have 
the ability to do it. It takes them out of the field to do that, and 
honestly, as they move forward, the consumer and the connection with 
that consumer makes it so that local entities can do that regulation 
much better than we can, anyway.
  We have been over a pretty long road here over the last many months. 
I very much appreciate the work Representative Dingell has done, in the 
House, on this bill. I very much appreciate the work that was done on 
my amendment over here. Kay Hagan in particular, a great Senator from 
North Carolina, worked closely with me on this amendment and her input 
was incredibly valuable. I also thank Senator Merkley and the work he 
did on the amendment. I thank the consumers groups out there that I 
think found a commonsense solution to this issue, and many of the 
organizations we worked with over the last many months to make sure 
this bill meets the needs of the people, to make sure we do address the 
issue of foodborne illnesses and safe food but yet allows the little 
guys to grow, employ people, and allow that economy to get bigger and 
better as time goes on.
  This is an important bill we need to get done. It makes sense for 
this country and it makes sense for people in agriculture.
  I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BURRIS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. BURRIS. Madam President, I ask unanimous consent to be able to 
speak as in morning business.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. BURRIS. Madam President, I ask unanimous consent to be recognized 
for as much time as I need to consume.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                         Farewell to the Senate

  Mr. BURRIS. Madam President, as you know, one of the first duties 
delegated to freshman Senators is the high honor of presiding over the 
Senate. I

[[Page S8011]]

remember the very first time I sat where you are sitting now, Madam 
President. Throughout my time as a Member of this august body, I have 
had the opportunity to spend more than 200 hours in the Presiding 
Officer's chair and have earned two Golden Gavels. I also had the honor 
of delivering our first President's--President George Washington's--
Farewell Address on his birthday of this year to this august body. From 
the chair, I have had the opportunity to listen to the words of my 
colleagues and reflect upon the great debate that unfolds each and 
every day--as it has always done throughout our Nation's history--in 
this, the greatest deliberative body in the world.

  We come to this Chamber from every State in the Union--Democrats, 
Republicans, and Independents alike. Each of us carries the solemn 
responsibility of giving voice to the concerns of those we represent. 
Although we do not always agree, as the debate on this floor will often 
show, I am always struck by the passion that drives each and every 
Senator to stand in this singular place in the world and to speak their 
mind. It is this passion that will always define this Chamber for me. 
For all the weight of history--for all the great and eloquent 
sentiments that have been expressed by our forefathers--on a 
fundamental level this remains a very human place.
  We stand today, as the Members of this body have done frequently 
throughout our great Republic's history, at a critical moment. 
Partisanship and obstructionism threaten to somewhat paralyze this 
great institution. But it is a testament to the inherent wisdom and 
durability of the Senate--of the rules and the tradition that govern 
this institution--that even in the face of great discord we have had 
the high privilege of serving in the most productive Congress in 
generations.
  Despite our many differences, I believe the men and women who make up 
this Senate remain its greatest strength. It has been the honor of my 
lifetime to once again represent the people of Illinois and to do so in 
the Senate. First, as a cabinet member for our Governor, as the 
Illinois State comptroller, and as Illinois attorney general, the 
people of my State placed in me a sacred trust and one that throughout 
my 30 years in public service I made into my life's work: to serve the 
people of my State to the very best of my ability.
  In my younger years, shortly after graduating from law school at 
Howard University, not far from where we stand today, I was turned off 
by a city with far too much government. I headed to Chicago, convinced 
that I would not return to this city unless I could be an effective and 
meaningful part of the solution to the many challenges we face and 
dreaming of a time I might come back to Washington as a Senator or as 
Vice President of the United States.
  That dream took longer to achieve than I could have imagined that 
day, but in a towering testament to the vibrancy of the American dream, 
that day came. After decades of experience in the executive branch of 
Illinois government, I was sworn in as a Senator for Illinois, and this 
became my first introduction to serving as a legislator. It was the 
steepest of learning curves, but with the warm assistance of my Senate 
colleagues, the steady support of my loving family, and the dedication 
of my tireless staff, I could not be more proud of what we have been 
able to accomplish together.
  To my family, my friends, and my staff I owe the deepest thanks. My 
wife Berlean has always been by my side, and I will always be grateful 
beyond words for her constant support. My son, Roland II and his wife 
Marty, and my daughter Rolanda are the pride and joy of my life. Of 
course, they were just here yesterday, my two grandchildren, Roland 
Theodore and Ian Alexander, to whom I dedicate my service and for whom 
I have the greatest hopes and even greater expectations.
  To my friends and supporters from Chicago to Centralia, I will never 
forget your smiles and your kind words during even the most difficult 
of times. To my staff, in DC and those in Springfield, Moline and 
Carbondale, you have been some of the most dedicated, talented, and 
professional individuals with whom I ever had the privilege to serve. 
From the front office staff assistants and interns answering the 
endless ringing telephones, to my circle of senior advisers who gave me 
wise and thoughtful counsel throughout, my team has been indispensable 
to me, and they have all served the people of Illinois with 
distinction. I am deeply grateful for their service.
  Madam President, I ask unanimous consent that the complete list of my 
staff be printed in the Record following my remarks.
  The PRESIDING OFFICER (Mrs. Hagan). Without objection, it is so 
ordered.
  (See exhibit 1.)
  Mr. BURRIS. Thank you, Madam President.
  I wish to extend a special word of gratitude to my old friend who is 
sitting right there, the Sergeant at Arms, Terry Gainer; the Secretary 
of the Senate, Nancy Erickson; the secretary for the majority--where 
did she go--Lula Davis; for their many kindnesses, and a thank-you to 
the Senate Chaplain, Dr. Barry Black, for his counsel and prayers 
during my time here.
  I also wish to acknowledge my fellow freshman Senators: Senators 
Begich, Bennett, Franken, Gillibrand; the Presiding Officer, the North 
Carolinian, Senator Hagan; as well as Senators Merkley, Shaheen, Mark 
Udall, Tom Udall, Mark Warner, and our just departed Senator Kaufman 
from Delaware. They are tremendous individuals possessing incredible 
talents and have been a very supportive group for me. Thank you, my 
freshman colleagues.
  In a broader sense I wish to also thank all of those who serve under 
this hallowed dome with quiet and often unheralded dignity and duty. 
The Senate floor staff, you all do a heck of a job--the maintenance 
crews, the elevator operators, the Capitol Police, the Senate train 
drivers, the dining room servers, and the scores of others whose hard 
and important work ensures the smooth and constant operations of the 
business that takes place within our Capitol.
  As I stand to address this Chamber for the last time, I cannot help 
but reflect on the unlikely path that led me to this point and upon the 
challenges we continue to face. When I first came to the Senate nearly 
2 years ago, our Nation was only days away from inaugurating an 
African-American man from Chicago as the 44th President of the United 
States of America. It was a national milestone I never thought I would 
ever live to see, an incredible moment that speaks volumes about the 
progress our country has made even in my lifetime.
  As a child, I knew the injustice of segregation. When I was only 
about 15 years old, I helped integrate the swimming pool in my hometown 
of Centralia, IL. Although that incident drove me to pursue a life of 
public service--dedicating myself to the goals of becoming both a 
lawyer and a statewide elected official--there was never any guarantee 
that such a path would be open to me. There were no people of color in 
elected office in those days, especially not in Illinois and not in 
Centralia, and there was no path to follow. So I knew from the start 
that I would have to blaze a trail.
  Despite the lack of established role models, my parents provided 
nothing but support and encouragement. They nurtured my dreams and 
helped me develop the skills to achieve them. In the end, they and my 
older brother Earl, who is now deceased, and my sister Doris, God bless 
her, who is still living, were the only role models I needed. The 
values they instilled in me--of hard work, determination, and 
unwavering dedication to principle--have guided me throughout my life, 
and the same values have driven me to take an interest in the next 
generation.
  It is that focus on the future that drives all of our legislative 
energy, to constantly improve the quality of life for the generations 
to come.
  Not too many generations ago, my family roots told a different story. 
I stand in this Chamber as the great-grandson of a man who was born 
into slavery, in an era when this Senate debated whether he and others 
like him were worthy of freedom and equal treatment under the law. Yet 
today I stand among my colleagues on the Senate floor, a Member of the 
highest body of lawmakers in this land. In some ways, this is a 
remarkable testament to our Nation's ability to correct the

[[Page S8012]]

wrongs of generations past, to move always toward that ``more perfect 
Union.''
  However, in other ways, it is a solemn reminder of how far we still 
have yet to go. In a country as progressive and diverse as any on this 
planet, I am today the only Black American Member of this Senate. Aside 
from myself, I can count the number of Blacks who have served in this 
body on the fingers of a single hand: Blanche K. Bruce, Hiram Revels; 
Edward Brooke, the last from Illinois, Carol Moseley-Braun, and our 
President, Barack Obama.

  Throughout 220 years of Senate history and 111 Congresses, only six 
Black Americans have been able to serve. This is troubling in its own 
right. But when the 112th Congress is sworn in this coming January, 
there will not be a single Black American taking the oath of office in 
this Chamber.
  This is simply unacceptable. We can and we will and we must do 
better. In this regard, and in others, our political process has proven 
less successful and less representative than it ought to be. Although I 
have never allowed my race to define me, in a sense it has meant that 
my constituency as a Senator has stretched far beyond the boundaries of 
Illinois.
  Letters, e-mails, and telephone calls have poured in to my office 
from Black Americans from all across the country, and at times, as I 
have tried to bring their voices to this Chamber, I have acutely felt 
the absence of any other Black person to represent them.
  Our government hardly resembles the diverse country it was elected to 
represent. Partisan bickering has driven moderates out of both parties 
and made principled compromise more difficult for those who remain. Too 
often our politics seem to have become a zero-sum game. It is easy for 
people to believe that the best argument or the plainest truth would 
not necessarily win the day anymore. In such a destructive political 
environment, people are often left wondering who will speak up for 
them. And the media certainly isn't blameless. News outlets which could 
play a critical role in educating the American public with facts too 
often bow to ratings or quick sales and, in the process, end up 
choosing to pursue the entertainment value of conflict over thoughtful 
analysis.
  This is the harsh reality we face.
  America just can not afford this any longer. We should check these 
notions at the cloakroom door.
  This is a critical moment.
  So I believe it's the responsibility of everyone in this chamber to 
take ownership of this process once again, to demonstrate leadership, 
and pledge a return to more responsible rhetoric, and more responsive 
government.
  What we face is a test--not only of our willingness to meet the 
challenges we face, but of the democratic institutions designed to cope 
with these challenges.
  Here in the U.S. Senate, this question is paramount.
  Have our destructive politics left this great body locked in a 
stalemate--unable to move forward, because of the petty obstructionism 
that has taken root?
  Or can this Chamber be made to address these problems once again? Can 
it be redeemed, by the good people who serve here?
  I have confidence that it can.
  It will require the concerted effort of all one hundred Senators to 
overcome the partisanship that has paralyzed this chamber, and the 
obstructionist tactics that have become the rule rather than the 
exception.
  Colleagues, this is the moment to summon the strength of our 
convictions, and fight for what we believe in.
  This is the hour for principled leadership, originating right here in 
the U.S. Senate.
  But even as we look to the future and debate the agenda for the 
upcoming year, I must note with regret that my time here is nearly at 
an end.
  Serving as a Member of this body, alongside so many fine colleagues 
who have become good friends, has been the honor of a lifetime.
  Together we have achieved passage of the most ambitious legislative 
agenda since the Great Depression. And a great deal of the credit for 
our success is owed to Leader Harry Reid.
  And I am proud of every vote I cast in the name of the people of 
Illinois, and proud of the more than the 60 bills I sponsored and over 
300 I have cosponsored.
  In the 22 months I have been a Member of the Senate, I have advocated 
for comprehensive health care reform designed to meet the goals of a 
public option, and fought to address health care disparities that 
separate minority communities from the population as a whole; pushed 
for redirection of subsidized funds that made $68 billion available for 
new Pell grants and extended new opportunities for minority students to 
attend historically Black colleges and universities, and predominantly 
Black Institutions; stood up for minority-owned businesses, and made 
sure they will have equal opportunity to share in America's renewed 
prosperity as our economy continues to recover; worked hard to extend 
unemployment insurance, improve access to COBRA benefits, and create 
jobs for the people of Illinois and across the country; voted for the 
sweeping stimulus package that brought this country back from the brink 
of economic disaster and started us on the road to recovery; introduced 
legislation that would improve transparency and accountability as 
stimulus dollars are spent, so the American people can keep their 
elected officials honest; cosponsored legislation to repeal the 
military's discriminatory don't ask, don't tell policy, so all of our 
soldiers, sailors, airmen and marines can serve openly and had a press 
conference on that.
  I say to my colleagues, don't filibuster that issue. We need all of 
our individuals to have an opportunity to serve in the military 
service, regardless of their sexual orientation. Don't be surprised if 
I come back for that vote. I am from Chicago, and I will vote twice. I 
supported major credit card reforms, to prevent credit card companies 
from abusing their customers; fought for equal pay and benefits for 
women, to cut down on workplace discrimination; fought for additional 
impact aid funding, to shore up federal support for school districts 
that serve military communities and other Federal activities; honored 
the accomplishments of pioneers like Vice Admiral Samuel Gravely, the 
first African American to serve as a flag officer in the Navy, and the 
Montford Marines, the first African-American Marine division; supported 
the Matthew Shepard Act, which will help make sure those who target 
people based on sexual orientation, race, or other factors are brought 
to justice; raised my voice on behalf of Main Street, and all those who 
have been left behind in our continuing economic recovery, so that 
everyone can share in the benefits; introduced legislation calling for 
the Department of the Interior to study a historic site called New 
Philadelphia, IL--the first settlement founded by a freed African-
American slave--for its preservation as part of the National Park 
system.

  I hope, as a legacy to Burris, that someday that legislation will 
pass.
  I raised awareness of youth violence, which threatens our children 
and tears our inner cities apart--and must be stopped; fought for 
veterans' benefits, including the implementation of the new GI bill, so 
we can honor the service of those who defend our freedom.
  And now, as we ready to close the books on the one hundred and 
eleventh Congress and the long and significant chapter of legislative 
accomplishment, it is time for a new class of Senators to join this 
fight.
  I am deeply grateful to my friends on both sides of the aisle for the 
passion they bring to their work every day.
  I have witnessed it from the Presiding Officer's chair--and have had 
the privilege not only to watch the debate but to take part.
  But now it is time for me to find new ways to serve.
  This is the arena where great ideas are put to the test, on a 
national stage. This is where our identity is forged anew, every day, 
and where our principles are challenged.
  It is the heart of our democratic process. And although there will be 
few easy solutions for the problems we face, I will never forget the 
courage and patriotism that I have seen from countless citizens of 
Illinois and America over the course of my time here.
  This is a trying time for our Nation. But as long as the American 
people have the wisdom to elect leaders like the ones I have come to 
know in this Chamber--and as long as this Senate remains true to the 
people we serve--I

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will never lose faith in our ability to overcome these challenges 
together.
  These are my parting remarks from this body. I treat this as an 
opportunity of a lifetime, and I treat this with great respect and 
dignity for all of those I have worked with and have come to know in 
this body.
  With that, I thank the Chair, I thank all my colleagues, and I yield 
the floor for the final time. God bless you all. Thank you.

                               Exhibit 1

             Office of Senator Roland W. Burris Staff List


                          Washington DC Office

       Dori Alexandre, Legislative Aide; Roosevelt Barfield, 
     Military Legislative Assistant; Eleanor Bastian, Legislative 
     Assistant; Charles Brown, Legislative Assistant; Nicholas 
     Catino, Legislative Aide; Nate Davern, Legislative Aide; 
     Cynthia Dorsey, Intern Supervisor; Amanda Fox, Legislative 
     Assistant; Joel Griffith, Staff Assistant/Driver; Cristen 
     Hall, Counsel/Legislative Assistant; Giana Hutton, Staff 
     Assistant; Renee Johnson, Legislative Aide; Andy Keeney, 
     Correspondence Manager; Brady King, Chief of Staff; Ursula 
     Lauriston, Deputy Press Secretary; Ken Montoya, Legislative 
     Director; Kyle Moore, Military Fellow; Terry Mullan, 
     Legislative Aide; Robin Nichols, Director of Scheduling; Jim 
     O'Connor, Communications Director; Ford Porter, Legislative 
     Aide; Aleysha Proctor, Administrative Director; Shomaila 
     Sharif, Deputy Administrative Assistant; Stephan Tibbs, 
     Special Assistant.


                             Chicago Office

       Rachelle Badem, Grant Coordinator/Special Assistant; Matt 
     Berry, Outreach Rep.; Jacqueline Dawkins, Constituent Service 
     Agent/Outreach Rep.; Scott Kagawa, Outreach Rep.; Rodney 
     LaBauex, Staff Assistant; Jazmine Hasty, Small Business 
     Outreach Rep.; Frank S. McClatchey, Small Business 
     Coordinator; My'Ron McGee, Constituent Service Agent/Outreach 
     Rep.; Kristina Michell, Constituent Service Agent; Jason 
     Miller, Constituent Service Agent; Richard Porter, Director 
     of Outreach; Chris Russo, Special Assistant; Kenneth Sawyer, 
     State Director; Tami Stone, State Scheduler; Audrey Till, 
     State Press Secretary; Zorie Valchev, Constituent Service 
     Agent; Erin T. Williams, Assistant to State Director; 
     Marianne Wolf-Astrauskas, Office Manager/Intern Coordinator.


                           Springfield Office

       Ceceilia Haasis, Constituent Service Agent; Jamar Johnson, 
     Constituent Service Agent; Sally Millichamp, Constituent 
     Service Agent; Bradley Smith, Constituent Service Agent; 
     Jimmie Voss, Downstate Director.


                           Carbondale Office

       Dina Timmons, Field Rep./Constituent Service Agent.

  Mr. BURRIS. I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. HAGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Udall of New Mexico). Without objection, 
it is so ordered.
  Mrs. HAGAN. Mr. President, as I see my colleague, Senator Burris, 
still on the floor, I wish to thank him for his excellent work and his 
comments today. He will certainly be missed by all of us.
  Mr. BURRIS. I thank the Senator from North Carolina.
  Mrs. HAGAN. Mr. President, today I rise in support of S. 510, the FDA 
Food Safety Modernization Act, and also in support of an amendment I 
cosponsored with my colleague from Montana, Senator Jon Tester. 
  Each year, upwards of 70 million Americans are sickened from 
foodborne illnesses. Thousands of the most vulnerable, including 
children and the elderly, die. I do not think there is anyone who has 
not heard of the massive recall of millions of tainted eggs that 
sickened nearly 1,500 people. We need to find a better way to protect 
Americans from these tragic deaths.
  During the HELP Committee's consideration of the bill late last year, 
we had the opportunity to hear from Dan Ragan, director of the North 
Carolina Department of Agriculture and Consumer Services Food and Drug 
Protection Division, about the innovative steps that North Carolina is 
taking to prevent and address food safety problems. North Carolina was 
one of the first pilot States for the Manufactured Food Regulatory 
Program Standards, MFRPS. And North Carolina has a robust training 
program for those dealing with food safety issues. I am proud that my 
State is leading the way forward in trying to prevent and quickly 
address foodborne illnesses.
  At the same time, North Carolina is a farming State. And in my State, 
we have honest farmers who work very hard to make a living. 
Unfortunately, oftentimes when there is a food safety breach followed 
by a massive recall, the producers or farmers suffer dire financial 
consequences. Farmers are at the front of the food supply chain and 
frequently are not responsible for the food safety breach further down 
the line.
  Many farmers in North Carolina are still struggling, particularly 
after the salmonella outbreak at the Peanut Corporation of America and 
after the massive recall of tomatoes nationwide in 2008.
  One such farm is Patterson Farms, a third generation family-run farm 
in China Grove, NC. The family has been growing tomatoes since 1919 
when James A. Patterson began growing vegetables.
  Currently, Patterson Farms, Inc., operated by James A. Patterson's 
grandsons, Doug and Randall, grows about 350 acres of tomatoes, 
including mature green, vine ripe, and Roma tomatoes. In addition to 
growing tomatoes, the Pattersons grade, pack, and ship their tomatoes 
across the United States and Canada. Patterson Farms is currently the 
largest tomato grower in the State of North Carolina.
  The 2008 erroneous safety citation for tomatoes by the Food and Drug 
Administration cost the Pattersons dearly. While consumer demand for 
tomatoes dropped between 50 and 60 percent, Patterson Farms lost 
hundreds of thousands of dollars. The damage was so severe that Doug 
and Randall could not pay back their farm operating loan at the end of 
the year--marking the first time in the history of Patterson Farms that 
they were not able to pay back their operating loan.
  In fact, they had to borrow more money to stay in business. With very 
narrow profit margins, the massive recalls such as this certainly can 
jeopardize the financial stability of farms that have been in families 
for generations. That is why I think the FDA needs to be very sure 
about the source of a foodborne illness when it institutes a recall, 
and why I fought hard to include a provision in this bill to look at 
new and existing mechanisms available to provide restitution.
  Specifically, the language in this bill directs the GAO to conduct a 
review within 3 months on new and existing mechanisms available to 
provide restitution in the event of an erroneous mandatory food safety 
recall. If such mechanisms do not exist or are inadequate, then within 
90 days the Secretary of Agriculture must conduct a feasibility study 
on implementing a restitution program.
  One false recall can put a family farm out of business. And while I 
support giving the FDA mandatory recall authority, I want to make sure 
there are enough protections in place for farms such as the Patterson 
farm, which were brought to the brink of bankruptcy through no fault of 
their own. This study language is an important step in ensuring that 
farmers are treated fairly.
  I am also pleased to be a cosponsor of the amendment by my colleague 
Senator Tester, which will be included in the final bill. While I 
believe strengthening our food safety standards and giving FDA the 
enforcement authority it needs is critical to ensuring public safety, 
this bill would have imposed Federal regulation on even the smallest 
food producers, including family farms.
  Take, for example, a small family farm in North Carolina that 
produces homemade jams and jellies to sell on their farm, at the 
farmers market, or to the local food co-op. This farm would have to 
register with the FDA and develop a costly hazard analysis and risk-
based preventive control plan, similar to the plans required of large 
food companies. Small producers in North Carolina already have to use a 
North Carolina Department of Agriculture-approved commercial kitchen to 
make these products.
  To allow small producers to remain in business, this amendment 
ensures that the smallest producers selling directly to consumers can 
continue being regulated at the State level. Also, farmers raising 
produce to sell directly to consumers at farmers markets and food co-
ops face significantly different issues and pose less risk than those 
selling into the industrial supply chain, and should not be regulated 
in the same way.
  North Carolina is a farming State, and I value farming as an 
institution that is central to my State and America's history and our 
culture. In my

[[Page S8014]]

State we have honest farmers who work very hard to make a living.
  I believe, with the restitution study language, and with the adoption 
of the Tester-Hagan amendment, this food safety bill strikes the right 
balance between protecting the public health from foodborne illnesses 
while ensuring our Nation's farmers can continue to feed Americans.

                          ____________________