US House of Representatives

FOR IMMEDIATE RELEASE                    Contact: Adriana Surfas
Tuesday, March 18, 2008                         (202) 225-3661    

OMB’s Opposition Leaves Public Health at Risk

 

Washington , D.C.  – Congresswoman Rosa L. DeLauro (Conn.-3) continued to press for consumer access to key information about potentially contaminated foods following a recall.  Since March of 2006 the USDA has had a proposed rule pending that would permit the U.S. Department of Agriculture to list retail consignees on its recall press releases, which has not moved forward due to the Office of Management and Budget’s opposition.

In a letter to OMB Director Jim Nussle, DeLauro urged that once the USDA does submit the retail consignee rule to OMB, that the agency promptly begin its formal review process.  She also requested a timetable for how long it will take OMB to review the rule. Additionally, in a separate letter to USDA Secretary Ed Schafer, DeLauro urged that the draft final rule to permit the USDA to list retail consignees on its recall press releases be immediately submitted to the OMB.

“Despite OMB’s opposition to the rule, after a two year delay, the rule permitting the USDA to list retail consignees on its recall press releases must be allowed to move forward.  Following the historic recall of 143 million pounds of beef, consumers should not have been forced to rely on sporadic reports to identify the stores and restaurant chains that received the recalled products.  Given that the rule has been pending for two years makes this situation especially frustrating,” stated DeLauro. “The only thing this accomplishes is leaving the public health at risk, and that is unacceptable.”

Below is the full text of the two letters.

 

March 17, 2008

 

The Honorable Jim Nussle

Director

Office of Management and Budget

725 17th Street, NW

Washington , DC   20503

 

Dear Mr. Nussle:

 

I read with disappointment a recent statement by a spokesperson from the Office of Management and Budget that the agency is unable to begin formal review of a draft final rule that would permit the United States Department of Agriculture to list retail consignees on its recall press releases because it has not been submitted by USDA.  While this may be true, it has become evident that OMB’s opposition to the rule is preventing USDA from submitting it formally.

Despite this opposition, I have written USDA urging the agency to formally submit the draft final rule to OMB immediately because of the rule’s clear importance.  Should the USDA submit the retail consignee rule to OMB, I strongly urge the agency to begin its formal review process immediately after receiving it.  I also request that you outline how long it will take for OMB to review this rule once it is submitted by USDA.

As you know, this draft final rule has been delayed for two years, having first been issued on March 7, 2006.  By contrast, the rule proposed in November 2005 that allowed China to export processed poultry products to the United States was approved in just five months to coincide with a visit by a Chinese official.  While promoting trade is important, ensuring that consumers are provided with key information about potentially contaminated foods is even more critical. 

Subsequent to USDA’s historic 143 million pound recall of beef products from the Hallmark/Westland Meat Packing Company in Chino , California , no clear or comprehensive information was available on the products involved, resulting in consumer confusion.  Consumers should not have been forced to rely on sporadic reports to identify the stores and restaurant chains that received the recalled products, and given that the rule has been pending for two years makes this situation especially frustrating.

Two years is ample time to review the retail consignee rule.  States already have begun to act, so it is time for OMB to begin its formal review once USDA submits it.  Thank you for your consideration of this request, and I look forward to hearing your response about OMB’s timetable for this draft final rule.

 

Sincerely,

 

                                                           

ROSA L. DeLAURO

                                                            Chairwoman

                                                            House Appropriations Subcommittee on Agriculture

                                                            Rural Development, Food and Drug Administration,

                                   

 

 

March 17, 2008

 

The Honorable Ed Schafer

Secretary of Agriculture

United States Department of Agriculture

Room 200-A, Jamie L. Whitten Building

12th Street & Jefferson Drive, SW

Washington , DC 20250-0002

Dear Mr. Secretary:

I strongly urge the United States Department of Agriculture (USDA) to immediately submit to the Office of Management and Budget (OMB) the draft final rule that would permit the USDA to list retail consignees on its recall press releases.  Recently, an OMB spokesperson stated that the rule cannot be reviewed until it is formally submitted by the USDA.  While it has become evident that OMB opposition to the rule has prevented USDA from formally submitting it, it is critical that USDA proceed in order to compel OMB to act. 

The importance of the retail consignee rule cannot be overstated.  Subsequent to USDA’s historic 143 million pound recall of beef products from the Hallmark/Westland Meat Packing Company in Chino , California , no clear or comprehensive information was available on the products involved, resulting in consumer confusion.  Consumers should not have been forced to rely on sporadic reports to identify the stores and restaurant chains that received the recalled products.

This proposed rule has been delayed for far too long, having first been issued on March 7, 2006.  By contrast, the rule proposed in November 2005 that allowed China to export processed poultry products to the United States was approved in just five months to coincide with a visit by a Chinese official.  While promoting trade is important, ensuring that consumers are provided with key information about potentially contaminated foods is even more critical. 

I understand that, in response to my February 18 letter to Dr. Richard Raymond, Under Secretary for Food Safety, USDA may be in the process of working with agency counsel on providing the list of retail consignees associated with the Hallmark/Westland recall to the House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies.  Had the retail consignee rule been in effect, it would seem that there would have been minimal confusion within USDA about making this list available to consumers. 

With each passing week delay, the release of the retail consignee list from the Hallmark/Westland recall becomes less effective.  Two years is ample time to review the retail consignee rule.  It is time to proceed with the promulgation of this rule, so that future lists can be more effective, and I strongly urge you to submit it to OMB immediately.  Thank you for your consideration of this request, and I look forward to hearing from you.

 

Sincerely,

 

                                                           

ROSA L. DeLAURO

                                                            Chairwoman

                                                            House Appropriations Subcommittee on Agriculture

                                                            Rural Development, Food and Drug Administration,

                                                            and Related Agencies

 

 

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www.house.gov/delauro