By Fawn Johnson

Key consumer groups in the food safety debate are pushing for more encompassing federal recall authority for food than previously included in the House's comprehensive bill as Energy and Commerce Committee leadership prepares to reintroduce the measure.

In a letter to Colorado Democratic Rep. Diana DeGette, a vice chairwoman of the House Energy and Commerce Committee, the consumer groups Center for Science in the Public Interest and Consumer Federation of America, highlighted their backing for DeGette's stricter recall measure as well as her bill to require a tracking system for food products that would aid in recalls.

"CSPI supports effective recall and traceback legislation and encourages the committee to include your legislation in the food safety bill it will produce this year," CSPI Executive Director Michael Jacobson and Food Safety Director Caroline Smith DeWaal wrote DeGette on Friday. CFA followed with a letter of support Monday

DeGette's staff has been working with Energy and Commerce Chairman John Dingell's office, answering questions regarding her provisions and encouraging their inclusion in the final bill, an aide said.

DeGette's approach to recall authority would allow FDA to require a recall under broader circumstances and permits FDA to hand down civil penalties for more types of food safety violations than the original version of the bill Dingell is tweaking, according to David Plunkett, a senior staff attorney at CSPI.

While Dingell's bill would apply mandatory recall authority under threat of serious adverse health consequences or death, DeGette's measure would provide more flexibility, Plunkett said, giving FDA recall power when threats of injury and illness exist.

Dingell's bill also does not specify recall authority would apply to food companies that exclude or misidentify ingredients on their label, so-called misbranding, as well as adulterated food that has been contaminated either intentionally or in nature.

CSPI is pushing the DeGette language because it said the civil penalties for violating the bill will apply to more types of product violations, Plunkett said. For most violations, FDA has only the option to either seek an injunction, seize the product or pursue criminal penalties.

"What they don't have is the ability to fine someone for just a minor violation and it's important to have that because you don't have instances where it's appropriate all the time to use those nuclear options," Plunkett said.

The consumer groups and DeGette should know soon whether Dingell will heed their advice. The committee plans to mark up the legislation at the end of this month.