[Congressional Record (Bound Edition), Volume 157 (2011), Part 7]
[Senate]
[Page 9251]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     FOOD SAFETY ACCOUNTABILITY ACT

  Mr. LEAHY. Mr. President, in April, the Senate unanimously passed the 
Food Safety Accountability Act. If enacted, this important bill will 
hold criminals who poison our food supply accountable for their crimes. 
Now more than ever, it is critical that the House pass this 
noncontroversial legislation.
  A recent E. coli outbreak in Germany--identified by scientists as a 
new, deadly strain of the bacteria--has killed at least 35 people and 
spread to 10 countries. Thankfully, this particular outbreak has not 
yet hit the United States, but this tragedy, on the heels of several 
major outbreaks in the United States in recent years, highlights the 
importance of ensuring that we take every step to protect our food 
supply. The Food Safety Accountability Act promotes more accountability 
for food suppliers by increasing the sentences that prosecutors can 
seek for people who violate our food safety laws in those cases where 
there is conscious or reckless disregard of a risk of death or serious 
bodily injury.
  Current statutes do not provide sufficient criminal sanctions for 
those who knowingly violate our food safety laws. Knowingly 
distributing adulterated food is already illegal, but it is in most 
cases merely a misdemeanor right now, and the Sentencing Commission has 
found that it generally does not result in jail time. The fines and 
recalls that usually result from criminal violations under current law 
fall short in protecting the public from harmful products. Too often, 
those who are willing to endanger our American citizens in pursuit of 
profits view such fines or recalls as merely the cost of doing 
business.
  Last summer, a salmonella outbreak caused hundreds of people to fall 
ill and triggered a national egg recall. Salmonella poisoning is all 
too common and sometimes results from inexcusable, knowing conduct like 
that carefully targeted by the Food Safety Accountability Act. The 
company responsible for the eggs at the root of the last summer's 
salmonella crisis had a long history of environmental, immigration, 
labor, and food safety violations. It is clear that fines are not 
enough to protect the public and effectively deter this unacceptable 
conduct. We need to make sure that those who knowingly poison the food 
supply will go to jail. This bill will significantly increase the 
chances that those who commit serious food safety crimes will face jail 
time, rather than merely a slap on the wrist.
  Food safety received considerable attention last year, and I was 
pleased that Congress finally passed comprehensive food safety reforms, 
but our work is not done. A provision almost identical to the Food 
Safety Accountability Act was passed by the House with strong, 
bipartisan support but failed to make it into the final legislation 
that ultimately passed because of Republican objections in the Senate. 
Now that the Senate has unanimously passed this bill, it is again time 
for the House to act.
  The American people should be confident that the food they buy for 
their families is safe. The uncertainty and fear caused by the current 
E. coli outbreak in Europe only reinforces the need to pass the common 
sense Food Safety Accountability Act to protect our own food supply. I 
urge the House to quickly pass the Senate bill and join us in taking 
this important step toward protecting our food supply.

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