Opening Statement: House Committee On Energy And Commerce, Subcommittee On Oversight And Investigations: Can The FDA Assure The Safety And Security Of

Statement

Opening Statement: House Committee On Energy And Commerce, Subcommittee On Oversight And Investigations: Can The FDA Assure The Safety And Security Of The Nation's Food Supply? --Part 2

REP. DIANA DEGETTE (D-CO): Thank you so much, Mr. Chairman, and I appreciate your continued diligence in these important investigative hearings on food safety; it's a topic that's of utmost concern to the American people.

At our first hearing on this topic in April, we heard why we're doing this -- gut-wrenching stories from people whose children have been permanently disabled because of unsafe food.

Today the focus is on the FDA itself, where serious concerns have surfaced with regards to the recent spate of food-borne illnesses. It's become clear that the FDA's efforts to anticipate, prevent and respond to these outbreaks is, frankly, far from adequate.

The agency's also been far from forthcoming with this subcommittee and our attempt to investigate its actions leading up to and following the incidents. I expect to find out today why there has not been more cooperation with our investigation and, maybe more importantly, why the FDA has not been more proactive in its efforts to safeguard the nation's food and drug supplies.

I want to discuss one aspect mentioned by Ms. Schakowsky that's particularly disturbing in the investigation. In light of the problems with the FDA's oversight of food, which have been discussed by every other member on both sides of the aisle of this committee, it's just incredible to me that the FDA is proposing to close over half the Food and Drug Safety field laboratories.

One of those seven laboratories is located right outside my congressional district; it's the Denver laboratory and its offices are at the Federal Center in Lakewood, Colorado. Closing this lab would affect approximately 50 chemists, microbiologists and analysts and the important work that they do for our community. These dedicated employees perform highly specialized analysis of BSE or mad cow disease, food pathogens like E. coli, and salmonella, food additives and human and veterinary drugs. Seems like some work we need to be doing given the recent revelations.

Today I'd like to find out how the FDA can justify closing one of the nation's preeminent food and drug research laboratories at a time when we have almost daily revelations about contaminated food.

Today Ms. Belinda Collins, the director of the Denver district of the FDA, will testify about the important work currently being done at the Denver lab, as well as the risk to public health of shuttering the facility.

Welcome, Belinda, and thank you so much for being here.

I'm sensitive to the budgetary pressures facing federal agencies. And, frankly, I'm a reinventing government type. I'm always willing to consider meaningful agency changes if there's demonstrated evidence that the changes will eliminate waste and duplication or trim costs or increase efficiency while improving public health. But, in this case, I have not seen this evidence. In fact, just the opposite seems to be true. The FDA itself rated the Denver lab as in good condition, while the Atlanta lab, which will remain open under the current plan, was rated fair to poor.

The GAO has determined that midsized regional labs like the Denver lab are more appropriate than the mega labs that the FDA wants to create. And, in addition, Ms. Collins will tell us this morning that food safety and indeed homeland security in the Rocky Mountain region -- where I might add, Mr. Chairman, the Democratic National Convention will be held next year -- and in the nation will be compromised if the plan is carried out.

So despite the overwhelming evidence of the Denver lab's effectiveness, the FDA is holding its position and moving forward with the closure, citing simply, "nebulous future cost concerns," without providing this committee or the American people with evidence to back it up.

I think we should look very, very closely at that, given the risks of the next food-borne outbreak and the hope of detecting it quickly, and also the whole issue of losing employees who have years of scientific expertise who can help us in this endeavor.

I also want to say, Mr. Chairman, that it's disconcerting that the U.S. Food and Drug Administration does not feel compelled to answer questions put to it by the legislative branch. I have had questions for the last two hearings -- not about food safety, but on medical devises and other issues -- that I have specifically -- you might recall, I've specifically asked the FDA to respond in writing to these questions, and I haven't had any response at all. This goes back to April. And I know Mr. von Eschenbach is testifying later -- I want to know why we can't get questions answered by this committee.

And finally, Mr. Chairman, people often say: "Why do you have these oversight hearings? Is it just a grandstand?" Well, every time we have a hearing, there's some new revelation and something is fixed. Just by chance today, for example, Safeway announced that it's no longer going to package food with carbon monoxide, one of our committee's greatest concerns. And so you can see these hearings at least have some effect, and I hope they'll have a lot more effect.

Finally, Mr. Chairman, I'd like to ask unanimous consent to insert into the record a statement by my colleague Ed Perlmutter, whose 7th Congressional District includes the FDA lab.

And with that, I yield back the balance of my time.

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