Time for HHS –FDA's Parent Agency– to Step Up on Food Safety

Press Release

Date: May 17, 2007
Location: Washington, DC


Time for HHS -FDA's Parent Agency- to Step Up on Food Safety

Amid reports that the Department of Health and Human Services (HHS) quelled efforts by the Food and Drug Administration (FDA) to strengthen fresh-cut produce food safety regulations, Congresswoman Rosa L. DeLauro (Conn.-3) called for HHS Secretary Michael Leavitt to focus attention on efforts that would improve our food safety system and protect public health.

"Given the major recalls of spinach, peanut butter, and pet food recently, the collapse of our food safety system is becoming more evident, and increased attentiveness and efforts on the part of HHS should have been forthcoming. Instead, we learn that HHS dismissed what initially appears to be a sensible approach by the FDA to monitor produce safety and imposed prevention-oriented regulations on the handling of fresh produce.

"This rejection calls into question HHS's commitment toward improving oversight of our food supply, which the Government Accountability Office (GAO) earlier this year designated as a high-risk area in need of reform. It is imperative that HHS help the FDA take strong steps to address the produce-related outbreaks that have increased over the past several years."

Below is the text of the letter.

May 17, 2007

The Honorable Michael Leavitt
Secretary
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Washington , DC 20201

Dear Secretary Leavitt:

I was very disappointed to read in yesterday's Wall Street Journal that the Department of Health and Human Services (HHS) rejected a plan submitted by the Food and Drug Administration (FDA) that would have monitored produce safety and imposed prevention-oriented regulations on the handling of fresh produce.

As you well know, there have been multiple food-borne illness outbreaks associated with foods regulated by FDA over the past two years. The Salmonella outbreak involving peanut butter and the recent problem involving contaminated pet food ingredients imported from China that could have entered the human food supply illustrate the weaknesses of the FDA's food safety programs.

Contaminated fresh produce was the source of three major outbreaks over the past year. Last August, a nationwide outbreak of E. coli 0157:H7 from bagged fresh spinach sickened 205 and killed at least three. Then in late September, Salmonella found in tomatoes sickened 183 restaurant patrons in 21 states throughout the nation. E. coli O157:H7 appeared in produce once more before the end of 2006 when two separate incidents of contaminated shredded iceberg lettuce sickened a total of 152 individuals at chain restaurants Taco Bell and Taco John.

It is imperative that the FDA and HHS take strong steps to address these problems, especially the produce-related outbreaks. Your department has stressed the need for Americans to consume more fresh fruits and vegetables as a means of improving nutrition, and assuring the safety of these products is essential to achieving that goal and to reducing the human and medical costs of food-borne illness.

Earlier this year, the Government Accountability Office (GAO) designated the federal oversight of food safety as a high-risk area in need of broad-based transformation to achieve greater effectiveness and accountability. While the U.S. enjoys a plentiful food supply that is generally considered to be safe, the GAO concluded that the fragmented federal oversight of food safety, with 15 agencies collectively administering at least 30 laws, has caused inconsistent oversight and an inefficient use of resources. Based on our previous meetings, I had hoped that the department would have begun taking steps toward addressing the concerns outlined in the GAO report. However, the rejection of FDA's plan calls into question HHS' commitment to developing the solutions that would safeguard our food supply, and protect public health.

As I understand the plan outlined in the article, the FDA developed a sensible, ambitious plan that would have established enforceable new standards for the safe growing and handling of fresh produce that even received the endorsement of the industry. While the plan may not address the full range of safety problems arising from FDA's regulated foods, it would have represented a positive first step toward making produce safer. The endorsement from industry should come as no surprise as they are merely repeating testimony that they presented before the House Agriculture Appropriations Subcommittee in February, in which they asserted, "We believe produce safety standards must be mandatory, with sufficient federal oversight in order to be credible to consumers. Strong and clear federal oversight is essential to building and maintaining public confidence in all of our products."

The produce industry clearly believes their business is threatened by a lack of public confidence in their products. Given that they were eager to take the unusual step of endorsing mandatory standards should have sent a strong message to HHS that the industry is aware that voluntary measures will not be adequate to protect public health and assure American consumers that their food is safe. Rejection of this action will serve only to increase the risk of food-borne illness and further reduce diminishing consumer confidence in the food supply.

While I am supportive of what the Wall Street Journal article indicates was FDA's proposal, I have not had the opportunity to view it. I would greatly appreciate it if you could send me a copy of this plan, as well as an explanation as to why it was rejected by the department. Thank you very much for your assistance.

Sincerely,

ROSA L. DeLAURO
Chairwoman
House Appropriations Subcommittee on Agriculture Rural Development, Food and Drug Administration, and Related Agencies


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