Letter to The Honorable Ambassador Susan Schwab, Office of the United States Trade Representative

Letter

May 10, 2007

The Honorable Ambassador Susan Schwab
Office of the United States Trade Representative
600 17th Street, N.W.
Washington, DC 20508

Dear Ambassador Schwab:

We are writing in light of the recently discovered contamination of imported wheat gluten and rice protein concentrate used to manufacture pet food in the United States. This contamination led to the recall of millions of packages of pet food, a number of pet deaths and illnesses, and increased uncertainty about the safety and soundness of our food supply. Because the investigation also revealed that feeding operations for hogs, chickens, and fish also were affected, the contamination may have reached the human food supply.

The safety of food imports from China extends beyond the pet food recall. China is especially poor at meeting international food safety standards, which is particularly disturbing considering that China exported approximately $2.26 billion in agricultural products to the United States in 2006. A recent news article noted that, in February, the Food and Drug Administration (FDA) blocked the entry of several food products from China because they contained banned additives, were tainted by pesticides or were contaminated with salmonella. Some products were simply unsanitary.

The U.S. Trade Representative (USTR) is involved in these matters because regional, bilateral, and international trade agreements entered into by the United States often include sanitary and phytosanitary (SPS) measures. For example, there are two World Trade Organization (WTO) agreements that deal with food safety and animal and plant health and safety. We understand that these provisions allow countries to set their own standards but require countries to base regulations on science and encourage countries to use international guidelines where they exist.

Our concern is whether the USTR has the ability to challenge the sanitary and phytosanitary standards of our trading partners based on evidence that they are not meeting international standards and may be endangering public health in the United States.

This issue is particularly important as U.S. agricultural imports are predicted to reach a record $69 billion in FY 2007. If we are to continue at this rate, we must ask important questions about the food safety standards of our trade partners to ensure our nation's public health is not compromised.

Developing countries often lack sufficient regulations, monitoring, and enforcement of SPS regulations. China, for instance, has come under scrutiny in the past for an overall lack of transparency and failure to properly adhere to SPS measures required by the World Trade Organization.

While we understand the importance of the United States' involvement in international trade, participation in these trade relations should not come at the expense of animal or human health.

Therefore, we request answers to the following questions—

1) What sanitary and phytosanitary measures are included in current free trade agreements and other permanent trade relations in which the United States is currently engaged?

2) What legal recourse does the United States possess with respect to imported food products that pose a threat to public health, in the event that the country where the offending product originated is not cooperative?

We believe this situation deserves your attention and careful review.

Sincerely,
Richard J. Durbin
United States Senator

Rosa L. DeLauro
Member of Congress

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