Food Safety
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Recent cases of Salmonella in peanut butter, botulism in baby food, and E. coli in spinach are all signs of a disturbing trend. However, this is not merely a health issue; it is an issue of national security. Imported food could be tainted with biological or chemical agents before entering the United States or toxins could be introduced at a domestic food processing plant. By the time anyone begins to feel the effects of these toxins, this food could have reached thousands of people across the country, resulting in serious illness and even death.
While the number of cases of food borne illness has more than doubled in the last five years, the previous Administration drastically reduced the resources for addressing food safety issues. The budget for the U.S. Food and Drug Administration (FDA) Center for Food Safety and Applied Nutrition was cut from $48 million to $25 million in just three years. Over the same period, annual inspections of domestic food processing plants dropped 25 percent.
On June 8, 2009, I introduced the Food Safety Enhancement Act of 2009 (H.R. 2749) along with Congressmen John Dingell, Frank Pallone, and Henry Waxman. This legislation is the result of more than two years of hearings, discussions with the food industry, and bipartisan negotiations. It is a critical step toward equipping the FDA with the regulatory tools and financial resources needed to safeguard the American food supply.
The Food Safety Enhancement Act would guarantee FDA the funding to significantly increase inspections of food facilities and improve outdated information systems. The legislation requires food producers to have FDA-approved preventive food safety plans in place; requires food imports to meet all U.S. standards; closes the loopholes in FDA's ability to trace the source of contaminated products; and imposes penalties on companies that violate safety standards.
This bill will not infringe on individuals’ ability to grow food for their own consumption. Farms are exempt, in most cases, from the bills registration requirements, fees, and record-keeping regulations. Although the bill establishes new standards for fresh produce, it instructs the FDA to take small producers into consideration when drafting regulations. H.R. 2749 recognizes the differences between large agribusiness and small businesses and includes a specific exemption from registration fees for small businesses.
H.R. 2749 gives the FDA the regulatory tools needed to prevent and respond to food contamination outbreaks. The bill provides FDA the authority to quarantine contaminated food, issue a mandatory food recall and issue subpoenas necessary to enforce the law. Currently the FDA lacks these authorities and must rely on a voluntary system that has failed to protect our food supply. Recent outbreaks have shown that these authorities are necessary to respond quickly to outbreaks and protect the public health.
As chairman of the Energy and Commerce Subcommittee on Oversight and Investigations, I have held 10 hearings over the past two years examining the failures of the FDA and the food industry to protect the nation’s food supply. H.R. 2749 is the product of my extensive hearings and investigation.
On July 30, 2009, the U.S. House of Representatives passed H.R. 2749 by a vote of 283 to 142. I hope the Senate will now act quickly to pass this bill, so President Obama can sign it into law. Without reform, it is not a matter of if but when the next outbreak will occur.

