DeLauro Questions USDA's Failure to Alert Commercial Distributors that Chinese Poultry was Illegally Imported

Date: July 19, 2006
Location: Washington, DC


DeLauro Questions USDA's Failure to Alert Commercial Distributors that Chinese Poultry was Illegally Imported

- In a letter to Agriculture Secretary Michael Johanns, Congresswoman Rosa L. DeLauro (Conn.-3) today questioned the agency's failure to alert 300 commercial distributors that frozen poultry they received may have been illegally smuggled in from China. Last week, federal and state officials announced that 2,000 pounds of imported poultry from China was illegally smuggled into Michigan. According to Michigan officials, the frozen chicken imports found in a Detroit-area warehouse came from areas affected by bird flu or H5N1. On May 24, a rule went into effect allowing U.S. poultry to be sent to China for processing and then returned to the U.S for sale, despite existing safeguards against products from countries with avian flu.

"What I find perhaps the most disturbing aspect of all to this case is that there apparently were no initial plans for alerting the approximately 300 commercial customers of the warehouse suspected of importing poultry from China," wrote DeLauro. "State investigators now are in the process of procuring a list of the customers and contacting each individually. It seems to me that this should have been one of the highest priority response items to be coordinated by government authorities. Failure to perform this responsibility during the preliminary stages of an avian flu outbreak would have severe consequences."

The Honorable Michael Johanns

Secretary of Agriculture

United States Department of Agriculture

1400 Independence Avenue, SW

Washington, DC 20250-0002

Dear Secretary Johanns:

I am writing to express my concerns over the recent circumstances involving the smuggling of Chinese poultry into the U.S. and the Department's actions during the investigation. As you may know, poultry that was labeled tilapia in an attempt to evade the ban on the importation of poultry from China appears to have been shipped into New York or New Jersey before making its way to a warehouse in Michigan. In my view, this case highlights the potential danger of avian flu entering our country through smuggled poultry and the urgent need to ensure we do everything possible to prevent it.

There have been 40 avian flu cases, with 12 deaths, spread over 12 provinces in China over the past year. Also, it was reported earlier this month that China has suffered a new outbreak of bird flu in poultry and the Chinese Agriculture Ministry did not reveal how many, or the type of birds that were affected. The poultry that was seized in the Michigan raid reportedly came from areas in China that already are impacted by the bird flu.

Particularly disconcerting about the reports of this smuggling case is that USDA investigators first raided the warehouse in early June, but did not inform state investigators until a few weeks later. Even then, it was only after state officials were tipped off by local authorities that they became involved. It is my understanding that this piecemeal approach to full disclosure has been frustrating to local health officials because of the lack of information and coordination between federal, state, and local governments. Such coordination would be critical if an outbreak of avian flu were to occur in the U.S.

Another alarming element of this case is that although state health officials said there were no signs that the poultry was contaminated with avian flu, they also acknowledged that no tests were conducted by federal food safety regulators. Although I understand that standard procedure requires that the seized product be destroyed, given the increasing danger of avian flu, I believe testing should have been required to determine the precise nature of the threat. In addition, we seem to have no guarantees that the entire amount of smuggled poultry was seized in the raids. In fact, state health officials indicated that in the final raid, it appeared that some of the food that federal investigators had ordered held for safety reasons was missing or had been switched.

Yet, what I find perhaps the most disturbing aspect of all to this case is that there apparently were no initial plans for alerting the approximately 300 commercial customers (spread out over seven counties) of the warehouse suspected of importing poultry from China. State investigators now are in the process of procuring a list of the customers and contacting each individually. It seems to me that this should have been one of the highest priority response items to be coordinated by government authorities. Failure to perform this responsibility during the preliminary stages of an avian flu outbreak would have severe consequences.

As you review the actions taken by the Department and the coordination efforts between federal, state, and local governments, I would appreciate you promptly providing for me the answers to the following questions:

* Why was the seized Chinese poultry not tested for avian flu?
* Why were there no initial plans for alerting the retail customers of the warehouse that stored the smuggled poultry?
* Why did the USDA fail to contact state and local officials earlier in the process?
* Under the rule implemented on May 24 that allows poultry to be processed in China and shipped to the U.S., how can USDA guarantee that the poultry being sent to the U.S. is safe and that the shipments are not used to smuggle Chinese poultry?
* What is USDA's timeline for completing its investigation into this case?

Given the urgency of the matter, I would appreciate a response to these questions as soon as possible. I know you would agree that avian flu is a very dangerous and emerging threat, and coordination on all levels of government is critical toward combating the problem and ensuring public health. Thank you for your attention to this issue.

Sincerely,

Rosa L. DeLauro

http://www.house.gov/delauro/press/2006/July/USDA_failure_7_19_06.html

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