Roskam, Kirk FDA Bill Would Save Lives, Salmonella Outbreak Avoidable

From the Office of Congressman Peter Roskam

CHICAGO, IL - Congressmen Peter Roskam (R-IL) and Mark Kirk (R-IL) recently reintroduced legislation to secure our nation’s food system and close a dangerous Food and Drug Administration (FDA) oversight loophole. This timely legislation comes on the heels of a salmonella outbreak surrounding the distribution of contaminated peanut butter resulting in the death of nine people, and sickening more than 600.

Currently, domestic food suppliers, importers, and private testing labs, are not required to report all testing data, leaving the FDA in the dark when a shipment fails to meet U.S. standards. This missed opportunity denies the FDA the ability to collect data for its risk-based screening system. Most importantly, it leaves open the possibility a nefarious supplier, domestic or international, could “shop around” for a lab willing to give it favorable results to gain entry into the U.S. food supply.

“The recent outbreak of salmonella underscores the deadly consequences of a lack of oversight of our food supply,” said Roskam. “Every year 76 million people become sick, 325,000 are hospitalized, and 5,000 Americans die from food borne illnesses caused by contamination. Many of these deaths, including those recently caused by contaminated peanut butter, are avoidable. My legislation will close the most dangerous loophole, provide protection for whistleblowers in the industry, enhance penalties for violators and impose stricter safety standards to ensure a safe and secure food supply.”

"Parents have a right to purchase safe food for their children," Congressman Kirk said. "Contaminated foods should not end up in America’s shopping baskets. From cookies to snack mix to pet food, more than 2,500 products have been recalled in the latest incident alone. For the sake of American families, this dangerous loophole must be closed. I'm pleased to join with Congressman Roskam on this important legislation.”

As co-chair of the House US-China Working Group, Congressman Kirk led the effort to address the stream of tainted food imports from China. In August 2007, Kirk won commitments from the Chinese government to allow FDA access to manufacturing facilities around the country. In 2008, Kirk worked with the State Department to secure space in Beijing to house FDA personnel and worked with the FDA to deploy its first team to China later in the year.

Media reports show the Peanut Corporation of America, the source of the recent outbreak, actually found salmonella contamination on 12 occasions in the past two years. However, the company still sold the products after shopping around for a favorable test result. While it is illegal to ship contaminated products, suppliers and labs are not required to submit data of failed tests. This dangerous loophole caused more than 500 people in Illinois and 42 other states to become ill with salmonella and in 8 cases have been linked to death.

The legislation also gives the FDA the authority to initiate mandatory recalls of tainted food products.

Roskam and Kirk introduced similar legislation in April of 2008, nine months before the salmonella outbreak that killed eight.

Highlights of the Keeping America’s Food Safe Act

Close reporting loopholes for domestic food producers and private labs

• Requires all test results that show a potential contamination to be reported to the FDA for evaluation under the agency’s Reportable Food Registry; currently, this data can be withheld from the FDA, which diminishes its ability to maximize its efficiency through risk-based evaluations
• The Reportable Food Registry was established by the Food and Drug Administration Amendments Act of 2007, enabling the FDA to evaluate and respond to reports of food that could cause serious adverse health consequences

Authorize the FDA to initiate mandatory recalls of tainted food products

• If a company does not respond to an FDA-requested recall within 24 hours, the FDA can order a recall of a product it has reviewed under the Reportable Food Registry
• The FDA currently can request that a company initiate a recall, but the company is not obligated to comply; the FDA can seize adulterated or misbranded products
• However, giving the FDA this authority will augment its ability to protect the food supply

Close reporting loopholes and enhance the FDA’s knowledge base of food imports

• Requires the Secretary of HHS to certify any private lab or sampling service that will collect data on imported food, which will gives us greater knowledge about the actors we are dealing with in the import industry
• Private labs and sampling services would have to report any data from activities related to food imports to the Secretary, closing the current loophole that allows importers and private labs and sampling services to withhold unfavorable data from the FDA

Establish significant penalties for violators of reporting requirements

• Importers and the private labs and sampling services would be subject to a $1M fine for knowingly falsifying or submitting false results or data

Gain a fuller knowledge of the life-cycle of food imports

• Enables the Secretary to require foreign countries and foreign companies to become certified importers.
• The Secretary can waive the certification requirement by making a determination, documented for Congress, that the foreign entities maintain at least equivalent food safety standards with the U.S.
• By gaining assurances that imported food is being processed according to our own domestic requirements, we will know more about the total food cycle and import safety

Establish a website to provide an information clearinghouse

• Directs the Secretary to work with USDA to provide information for consumers, industry, and health professionals that will foster increasing public awareness of food safety issues
• Also directs the Secretary to work with the Secretary of Education to develop content appropriate for the curricula of the schools of the United States

Provide protection for whistleblowers in the food import safety industry

• Protects those that bring to light deficiencies and safety threats in the food import process
• Protecting those with such information is necessary to ensure our nation is ever vigilant in addressing the unique threat food imports can pose