Mandatory Recall Authority Key to Food Safety

Press Release

U.S. Rep. Diana DeGette (D-CO), Vice Chair of the Committee on Energy and Commerce, today highlighted the importance of giving the government mandatory recall authority during today's Energy and Commerce Health Subcommittee hearing entitled, Discussion Draft of the ‘Food and Drug Administration Globalization Act' Legislation: Food Provisions. Last week, the Committee released its discussion draft on the Food and Drug Administration Globalization Act of 2008. The discussion draft includes a mandatory recall provision built upon legislation introduced by DeGette, H.R. 3484, the SAFER Act.

Below is the text of Ms. DeGette's opening remarks as prepared for delivery:

"I want to commend you Chairman Pallone, and Chairman Dingell, as well as Chairman Stupak and Ranking Member Barton, on how the Committee has conducted itself in regards to food safety over the last year.

"This is a really complex issue and one that demands a thoughtful and reasoned response and that is why we have had the number of hearings we have had in the Oversight and Investigations Subcommittee. Now, we have the draft legislation and the hearing today. I think it's wonderful the process we are using.

"I also want to thank Chairman Dingell and his staff for incorporating the provisions of my legislation granting the FDA mandatory recall authority in case of an outbreak. I often talk to my constituents about the fact that when there are tainted foods on the shelves, the FDA has absolutely no authority to order a mandatory recall. I think that a mandatory recall can give us two good results:

"First, if you have a recalcitrant producer who will not voluntarily recall products, then you can mandatorily recall it. But, in addition, the threat of a potential mandatory recall actually will put pressure on food manufacturers and distributors to make the food safe in the first place. In truth, while mandatory recall is important, we want to ensure the safety of our food before it is recalled. I think this is an important provision of this bill. It was an edgy leap to put it in this bill, but I think it is important that it be part of any strong food safety legislation.

"I would also like to discuss, which is not in the draft legislation, but I think also would be effective, is legislation I have introduced, H.R. 3485, the TRACE Act - which sets up a food traceability system. We all remember the outbreak of E. Coli in spinach a couple of years ago. While there was a voluntary recall, it took weeks and weeks to discover the source of the problem. In the meantime, spinach producers all around the country with perfectly fine facilities and good produce, lost tremendous profits. What we learned in our hearings in the Oversight and Investigations Subcommittee is that we have the ability to trace food. In fact, some of the organic food producers and other small family producers do have traceability systems. If consumers could walk into a store and see a lot number, we could trace that food back to the source, we would have the ability then ensure the safety of our food products - we can find where the problem was, identify it, and then order the recall right away.

"I am hoping to work with you, Mr. Chairman, and the rest of the Committee, to include the provisions of that legislation as well in any final bill we introduce. Thank you very much."

Source