Washington, DC - Congressman John D. Dingell (D-MI15) made the following statement on the “Food Safety Enhancement Act of 2009” discussion draft during this morning’s Subcommittee on Health hearing:

“Mr. Chairman, thank you for holding today’s legislative hearing on the “Food Safety Enhancement Act of 2009” Discussion Draft.  We have worked together, along with Chairman Stupak, on this issue for years.  I am delighted that Chairman Waxman and Representatives DeGette and Sutton have also joined us to work on this good bill. 

“I am pleased that we are taking the necessary steps to advance this legislation and address the important issue of food safety.  I thank the witnesses who have joined us today and look forward to hearing their testimony.  Dr. Hamburg, welcome to the Committee, and congratulations on your confirmation.  I was encouraged by the Administration’s early recognition that food safety is a problem that needs to be addressed.  The Administration’s Food Safety Working Group is a signal of how serious the President considers this issue.

“1938.  This was the last time Congress comprehensively addressed the issue of food safety.  Seventy years later, the Food and Drug Administration is trying to protect a larger, increasingly global food supply with an outdated statute and inadequate resources.  As a result, American consumer confidence in the nation’s food supply has declined.  American consumers have paid a heavy price with recall after recall.

“The Food Safety Enhancement Act is a measured and effective response to the dire situation we are faced with regarding food safety.  Mr. Chairman, the legislation before us is based on a bill you, Chairman Stupak, and I introduced earlier this year.  It includes very good technical advice from FDA, and valued input from the minority and other stakeholders.  I thank Chairman Waxman for his leadership on this point.  I look forward to continued deliberations in hopes of producing a bipartisan piece of legislation that can pass Committee and the House in a speedy fashion.

“Among other things, the Food Safety Enhancement Act will:

·      Prevent food safety problems before they occur.  It would require manufacturers to implement food safety plans that identify and protect against food hazards.

·      Advance the science of food safety.

·      Increase the inspection frequency of food facilities.

·      Enhance FDA’s ability to trace the origin of tainted food in the event of an outbreak or food borne illness.

·      Enhance the safety of imported food.  FDA will be allowed to require that certain food be certified as meeting U.S. safety standards.

·      Provide strong enforcement tools, including mandatory food recall authority, stronger criminal and civil penalties for bad actors, subpoena authority, and strengthens FDA’s detention authority.

“Finally, and I would argue more importantly, the legislation addresses the very important question of resources for the Agency.  We will do the Agency a grave disservice if we don’t also grant them the resources they need to do the work.  The legislation includes a registration fee which will fund food safety activities at FDA.  The revenue from this fee, coupled with additional appropriations, is needed to ensure FDA can do its job.

“For those who argue that there is no benefit to industry to pay a fee for food safety activities at FDA, I offer the following:

·      The U.S. peanut industry could lose $1 billion this year because of an outbreak of salmonella that forced the biggest food recall in U.S. history.

·      The tomato industry lost $100 million in sales during a 2008 Salmonella outbreak that was later attributed to jalapeno peppers.

·      Spinach growers took a $100 million hit to their industry during the 2006 bagged spinach recall.

·      And let us not forget the great Chilean grape scare of 1989.  Two grapes contaminated with cyanide caused the food industry to lose millions of dollars.

“There is no doubt that an FDA with the resources to hire the personnel; build a strong science base; and provide strong oversight of all food producers is a benefit to the entire industry.  A stronger FDA will be able to provide the appropriate oversight to ensure that all actors are obeying the law and causing less agony and distress for the good actors currently out there.

“I would note that this Administration is the first to acknowledge the resource realities and request a registration fee for food.  It is my understanding that this request was based on FDA’s current responsibilities.  Madame Commissioner, I look forward to continued frank discussions about the Agency’s resource needs so we can do our best to meet it.  We can only help you as much as you allow us to.

“Thank you, Mr. Chairman.”

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