Dingell Again Calls for Senate Action on New Food Safety Regulations

Washington, DC – Congressman John D. Dingell (D-MI15), author of H.R. 2749, the “Food Safety Enhancement Act of 2009”, had questions for operators of two Iowa egg farms during the Committee on Energy and Commerce’s Oversight and Investigations Subcommittee hearing “The Outbreak of Salmonella in Eggs.”  The farmers represented Wright County Egg and Hillandale Farms of Iowa, the two giant egg producers which the Food and Drug Administration (FDA) believes were the sources of a salmonella outbreak that infected 1,600 people.  The Congressman’s bill would grant FDA the authority and resources needed to ensure the safety of the nation’s food supply.  The mandatory recall authority granted in H.R. 2749 will ensure that FDA can respond quickly and appropriately (without negotiation) in the case of an outbreak.  The Senate has not acted on H.R. 2749, which  passed the U.S. House of Representatives with bipartisan support in July 2009.  Below are the Congressman’s prepared opening remarks for the Subcommittee hearing.

“On August 13, American consumers were notified of a recall of shell eggs thought to be the cause of a Salmonella outbreak.  This recall was later expanded and a second recall followed shortly thereafter.  The news of the outbreak, and subsequent recalls, while serious, unfortunately came as no surprise.  Over the past few years, we have had problems related to peanuts, spinach, infant formula, and peppers.  In most instances, incompetence and neglect was the cause.

“This hearing is the latest in the series of hearings this subcommittee has held on the crisis facing our food supply.  I commend you Mr. Chairman for your persistence.  It has been a pleasure to work with you.  Our investigative work over the years laid the foundation for H.R. 2749, the Food Safety Enhancement Act—comprehensive food safety legislation which passed the House in July 2010.  I am proud of the work the Members of this Committee has done to produce legislation that will substantially address our food safety concerns.  Now if we can only address the damnable United States Senate.

“The facts surrounding this outbreak are particularly disturbing.  FDA inspectors observed:

• Barns were infested with flies, maggots and scurrying rodents;
• Manure piled four to eight feet high in certain areas;
• Leaking manure pits;
• Employees working without protective clothing; and
• Un-caged hens tracking manure from the manure pit to other areas of the operation.
   

“Conditions like these should not be tolerated in any respectable establishment.  To add insult to injury, according to FDA’s inspection reports, there were plans in place to deal with these issues.  I can’t comment on their adequacy.  In spite of having written Salmonella prevention plans in place, these companies failed to fully implement them or follow them.  In my opinion, this borders on negligence.

“Approximately 1,600 reported illnesses are likely to be associated with the inability of these companies to adequately ensure the safety of their operations.  We do not know the extent of the financial impact this will have on the egg industry as a whole.

“Today’s hearing will afford us the opportunity to ask some very important questions related to the outbreak:

• Was Wright County Egg and Hillandale Farms management aware of the filthy conditions at their facilities? 
• If so, what steps were taken to address the concerns?
• If not, what is the defense?
• Was there any formal or informal communication between USDA inspectors and FDA about the conditions at these facilities?
• Considering the questionable history of the owners, why did FDA not have any inspectional history with either of these facilities prior to the outbreak?”
   

This marked the second time the actions of one of the operators were the subject of an Oversight and investigations Subcommittee hearing Austin (Jack) DeCoster, the current owner of Wright County Egg was implicated in a similar outbreak in 1987. 11 people died and 512 people became sick in that case. The Subcommittee held a hearing in 1990, during which Congressman Dingell presided, looking into the conduct of DeCoster.