[Congressional Record (Bound Edition), Volume 154 (2008), Part 11]
[Senate]
[Pages 15157-15158]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     PROTECTING THE PUBLIC'S HEALTH

  Mr. BROWN. Mr. President, on June 9, just a month ago, Nebraska Beef, 
an Omaha slaughterhouse, received a notice from the U.S. Department of 
Agriculture that two beef samples had tested positive for E. coli. By 
the second

[[Page 15158]]

week in June, it had also been confirmed that numerous people from my 
State, Ohioans, had been infected with E. coli O157:H7, a sometimes 
deadly strain of bacteria. It was not until July 3--June 9 was the 
original notification--that Nebraska Beef finally acquiesced and issued 
a recall of 5.3 million pounds of its meat.
  Federal officials at the USDA have criticized Nebraska Beef for being 
slow to respond. Unfortunately for consumers in my State and other 
places, USDA's authority--beyond issuing public admonishments--to 
protect the public is limited. In other words, USDA under the law 
cannot order a recall. They can be critical of Nebraska Beef. They can 
notify others about what Nebraska Beef is doing. But they cannot order 
a recall. For instance, most Americans would be alarmed to learn that 
the Federal Government does not have the power to issue a mandatory 
recall of contaminated food. Had the USDA been able to issue a 
mandatory recall of Nebraska Beef once it became clear that consumer 
safety was at risk due to unsanitary production conditions, unsafe food 
would have been taken off of the shelves more quickly and fewer people 
would have purchased it and consumed contaminated meat.
  Again, June 9 is when the USDA first found out, but it was not until 
July 3--almost 4 weeks--until Nebraska Beef did what it should have 
done right away, something USDA had no authority under law to do. Lives 
continue to be put at risk because of delay since many consumers may be 
unknowingly storing infected meat in their kitchens for future use.
  I have been on this floor lots of times in the 18 months I have been 
in the Senate, especially the last 8 or 9 months, talking about food 
banks and food pantries. I know the Presiding Officer from New Jersey 
has had particular concerns of constituents of his in places such as 
Essex County and urban poor areas but also rural, low-income areas or 
even moderate-income areas where people with jobs, people employed but 
not making much money have to go to food banks and food pantries to 
supplement their food budgets because of the cost. We have enough 
concerns of people getting food. We should not have to have concerns in 
New Jersey or Ohio about buying food and being uncertain of its safety.
  In my State, health officials have confirmed that 21 Ohioans, plus 
another 20 in other States, have been made ill by this outbreak. 
Yesterday, reports were released that indicated the outbreak has spread 
from Ohio and Michigan, where it was initially reported and perhaps 
confined to, to now New York, Kentucky, Indiana, and possibly Georgia. 
The 21 ill Ohioans hail from Franklin County, Columbus, Fairfield, 
which is where Lancaster is the county seat, Lucas, which is where 
Toledo is located, Delaware, Seneca and Union Counties. Eleven people 
have required hospitalization.
  This recent example is, unfortunately, not an isolated case. An 
analysis of a selected sample of outbreaks affecting Ohio over the last 
5 years has shown a widespread problem. It is not the first time, and 
it probably will not be the last time. It means it is a real public 
health issue. Ten outbreaks dating back to 2003 have led to 217 
illnesses, 66 hospitalizations, and 1 death.
  Of the people exposed to food safety problems, to toxins, to bacteria 
in our food supply, those who are harmed the most are the very young 
and very old, people whose immune systems are weaker, who are sick 
anyway and are most likely to be hospitalized or even die from these 
kinds of outbreaks. But it affects all of us. Some of these outbreaks, 
such as those involving hepatitis A and botulinum, cause serious 
lifelong health problems. It is not a question of your digestive tract 
clearing it out and surviving these bacteria; sometimes they actually 
cause long-term health problems.
  The top priority for both USDA and the Food and Drug Administration, 
the two chief food safety oversight agencies, should be to protect the 
public's health--a mission that will sometimes require swift and 
decisive action that sometimes the industry simply will not like. It is 
all about public health.
  That is why yesterday I introduced legislation to provide mandatory 
food recall authority for both the USDA, which is responsible for 
poultry and beef, and the FDA, which is responsible for most processed 
foods, fruits and vegetables--everything the USDA doesn't do. Mandatory 
recall authority will ensure that these agencies have the necessary 
leverage to demand that those private companies, such as Nebraska Beef, 
that have sometimes been resistant--many companies have. Many companies 
that hear it want to deal with it immediately, but some do not. Under 
our legislation, these agencies will have the necessary leverage to 
demand that those private companies responsible for feeding our Nation 
follow strict safety standards, and it means that when mistakes are 
made, public safety is not compromised.
  I have partnered in this initiative with Representative Diana 
DeGette, a Democrat from Colorado. She and I sat together on the Health 
Subcommittee of the Energy and Commerce Committee. She still sits there 
and has been a long-time advocate of making a generally good food-
safety regimen in this country even better. This is one major step in 
doing that.
  In 2004, the GAO concluded that the current recall system, which 
relies on voluntary action by industry, is flawed and that the USDA and 
FDA must do better to ensure recalls are prompt and complete. The 
administration seems to have reached a similar conclusion, asking 
Congress late last year to provide FDA with mandatory recall authority.
  So consumer groups want it, the FDA wants it, the President wants it, 
and an awful lot of us in this Chamber think the FDA and USDA should 
have authority to do mandatory recalls. I hope the FDA food safety 
legislation currently being drafted in both Chambers ultimately 
includes mandatory recall provisions and that we get a chance to vote 
on such a proposal this year.
  It is imperative both USDA and FDA be given this authority. We can't 
afford to continue to put the public's health at risk by waiting for 
some kind of comprehensive legislative package. A simple fix such as 
the one in my and Representative DeGette's SAFER Meat, Poultry, and 
Food Act, could solve this glaring deficiency in our food safety 
system. I implore my colleagues to support our legislation.
  I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. SANDERS. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SANDERS. I ask consent to speak as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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