[Congressional Record Volume 156, Number 164 (Monday, December 13, 2010)]
[Extensions of Remarks]
[Pages E2116-E2117]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2011

                                 ______
                                 

                               speech of

                        HON. BENNIE G. THOMPSON

                             of mississippi

                    in the house of representatives

                      Wednesday, December 8, 2010

  Mr. THOMPSON of Mississippi. Mr. Speaker, I would like the following 
remarks to be inserted into the Congressional Record for H.R. 3082, the 
Full-Year Continuing Appropriations Act 2011.
  The Full-Year Continuing Appropriations Act 2011 provides important 
protections to the United States food supply. However, it targets much 
of its focus on ``facilities'' as defined and registered under the 
Public Health Security and Bioterrorism Preparedness and Response Act 
of 2002 (the ``Bioterrorism Act''), codified in the Federal Food, Drug, 
and Cosmetic Act at Section 415 (21 U.S.C. Sec. 350d). That reference 
to ``facilities'' registered under the Bioterrorism Act has led to 
confusion. While some companies may have registered their operations as 
``facilities'' under the Bioterrorism Act in an abundance of caution, 
those companies should not now become subject to the full range of 
FDA's jurisdiction as a result of this Bill.
  It was never the intent of this legislation to include seed 
production or storage establishments in the definition of ``facility'', 
for purposes of either FFDCA Sec. 415 or for the Full-Year Continuing 
Appropriations Act 2011. In many respects, these establishments are 
similar to farms, which are exempted from Sec. 415's definition of 
``facility''. Nevertheless, earlier lack of clarity as to Congress's 
intent

[[Page E2117]]

regarding this matter has led to confusion in an industry that has 
historically not been subject to regulation by FDA.
  These establishments provide necessary agricultural inputs to growers 
of food, feed, fiber and fuel stocks. In some instances, seed grown in 
Southern Hemisphere countries is imported to provide American farmers 
fresh, quality seed for spring planting. Seed intended for planting is 
not food or feed and should not be regulated as such, at the border or 
anywhere else. It is not the intent of this bill to do so.

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