Hearing of the Senate Committee on Health, Education, Labor, and Pensions - Developing a Comprehensive Response to Food and Safety

Hearing of the Senate Committee on Health, Education, Labor, and Pensions - Developing a Comprehensive Response to Food and Safety

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SEN. PATTY MURRAY (D-WA): Mr. Chairman, thank you so much for having this hearing today.

I heard your opening statement. I've got several meetings going on, but I wanted to come back to ask a few questions. But I agree: This is just absolutely a critical issue, a very difficult issue.

But I came into Congress in 1992 and before I even got my nameplate, we had the e-coli issue with Jack In The Box and I had three young kids in my state who lost their lives as a result of that. And I know personally how important it is that we assure our consumers, our families everywhere, that the food they buy is safe. And we have a challenge doing that in this country and we have to take every step forward.

It's fun to bash government; it's everybody's game, but the fact is that government really is who regulates this and it's our agencies who oversee this and consumers depend on us and we've got to be doing the right thing. So I really, truly appreciate your having this hearing.

Secretary Leavitt, thank you for being here today, and to all of our panelists.

Secretary Leavitt, I've looked at the food safety plans that the FDA has put forward and they contain some recommendations for new legislative authorities by the FDA such as the ability to mandate food recalls. I think some of those are positive steps, but I'm concerned that the plan doesn't go far enough to ensure the public safety, because what I looked at -- a lot of the recommendations involved voluntary approaches.

I wanted to ask you why you focused on voluntary approaches instead of required compliance efforts.

SEC. LEAVITT: Our desire was to focus the energy of whatever resources we have in the areas where there is most risk and be able to expand that by rewarding people who go to the point of adopting standards and certifying them to expand our reach. If we have more eyes, we're able to, in essence, reach more. And we think we can get people to voluntarily do that because of the advantages it gives them -- for example, on imports and being able to get their products in the country safely.

SEN. MURRAY: What if somebody doesn't do it?

SEC. LEAVITT: Then we need authority to be able to police that.

SEN. MURRAY: Which means you need additional resources to be able to --

SEC. LEAVITT: It means we need to be able to have the authorities to use the resources that we have to enforce it.

SEN. MURRAY: Well, authority is one thing and resource is another. If you don't have enough inspectors and you don't have enough ability to go out there and make sure that people are voluntarily complying, then you know, all the voluntary measures in the world don't work. I mean, we've certainly seen that over and over again.

I know Senator Enzi asked about the resources as well. I know -- we all know we're in tight budget times, but I think safety of our food is a really critical issue. And I wanted to ask you what we can expect to see from the administration in the FY '09 budget request for this?

SEC. LEAVITT: We'll be requesting more money to support this plan, as we did in '08. We're in the process of developing that budget, along with the Office of Management and Budget, so I'm not in a position to say the precise amount.

But I can tell you I have requested substantial additional budget for the FDA and for the other parts of HHS that are relevant to this matter, as I know other departments have.

I think it's again important to point out that when we look at the totality of the system, there were 12 different departments and agencies that were involved. This can't be just the FDA budget. It's got to be the entire budget, based on a plan that coordinates all of it.

It also needs to coordinate what goes on in the private sector. Retailers today are saying to their producers, "If you want space on my shelf, you need to show me, to the point that I have no question about the quality and safety of your good, because I'm putting my reputation on your good when I put it on my shelf." And some of the most aggressive inspections, some of the most aggressive oversight on food and product safety, is coming from those whose brand depend on it.

SEN. MURRAY: Okay, I understand that. But can I go back just a second? Then I heard you say that we will see an increase in the budget when it comes from the president to cover these agencies.

SEC. LEAVITT: What I'm able to tell you is that I have proposed substantial additional resources from the HHS level. History tells me I usually don't get as much as I ask for. But I expect that there will be more in this budget.

SEN. MURRAY: Thank you.

Thank you very much, Mr. Chairman.

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