Washington , D.C.  – Congresswoman Rosa L. DeLauro (Conn.-3), chairwoman of the Agriculture, Rural Development, Food and Drug Administration Appropriations Subcommittee, wrote to Jim Nussle, the Director of the Office of Management and Budget in a continued effort to allow the U.S. Department of Agriculture to be able to list retail consignees on its recall press releases.  Since March of 2006 the USDA has had a proposed rule pending that would permit the agency to list retail consignees on its recall press releases. 

“After almost two years of ‘departmental review,' it is time for OMB to allow this rule to move forward in order to better protect consumers from potentially contaminated foods, and I urge you to act promptly,” DeLauro states. “When a recall occurs, there is no reason why consumers should not be informed which retailers are receiving potentially contaminated food products.  Nor should states be forced to search for creative loopholes just to warn the public about unsafe fo od. It is exasperating that this Administration continues to protect industry at the expense of consumers and the public health. OMB must stop holding this rule hostage.”

Below is the full text of the letter.

March 12, 2008

The Honorable Jim Nussle

Director

Office of Management and Budget

725 17 th Street, NW

Washington , DC 20503

Dear Mr. Nussle:

I strongly urge you to allow the United States Department of Agriculture to move forward with a final rule that would permit the agency to list retail consignees on its recall press releases.  While USDA has not formally submitted the rule for review by the Office of Management and Budget, it has become evident that OMB's opposition to the rule is preventing it from being promulgated. 

This rule has been delayed for far too long – it was issued on March 7, 2006 and the comment period for it closed on June 11, 2006.  Despite repeated inquiries from Congress about its status, it is always explained to us that it is under departmental review.  As you may know, this rule is supported by Dr. Richard Raymond, USDA Under Secretary for Food Safety. 

Subsequent to USDA's announcement about the historic 143 million pound recall of beef products from the Hallmark/Westland Meat Packing Company in Chino , California , no clear information was made available on the products involved.  This resulted in consumer confusion about whether they purchased products subject to the recall.  While there have been intermittent reports that identified stores and restaurant chains that received the recalled products, this information was incomplete, and that only exacerbated the confusion. 

As you know, the Hallmark/Westland beef recall was the largest meat recall in U.S. history.  Had the proposed rule on retail consignees had been in effect during this recall, clearer information would have been available to consumers about the products subjected to the recall, and it would have helped increase the recovery rate of the recalled beef.  Given that the rule has been pending for two years, makes this situation especially frustrating.

Because OMB has prevented this rule from being promulgated, states already have begun to act.  In October 2006, California enacted a law that allows the state's public health officers to notify the public of the names of retailers that receive USDA-recalled meat and poultry.  A bill that was introduced this week in Connecticut would take a similar approach.  Unless the retail consignee rule is promulgated, only consumers in some states will have access to this information. 

After almost two years of “departmental review,” it is time for OMB to allow this rule to move forward in order to better protect consumers from potentially contaminated foods, and I urge you to act promptly. 

Sincerely,

ROSA L. DeLAURO

Chairwoman

House Appropriations Subcommittee on Agriculture Rural Development, Food and Drug Administration, and Related Agencies