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WASHINGTON, DC – As concerns about the safety of our nation’s food supply continue to grow, Energy and Commerce Committee Vice Chair Diana DeGette (D-CO) today introduced two key pieces of food safety legislation to protect our nation’s food supply. First, the SAFER Act gives the federal government the authority to order a recall of tainted foods. Second, the TRACE Act requires the Secretary of Agriculture to establish a product tracing system to identify contaminated food. 

“The safety of our nation’s food supply is a growing national security concern,” said DeGette. “Protecting our food supply must be as high a priority as securing our borders. The increase in tainted food and foodborne illnesses highlights the need for comprehensive reform of the food safety system in the United States. Mandatory recall authority is critical to assuring the removal of tainted foods from the marketplace and significantly reducing the risk of foodborne illness. The establishment of a product tracing system will enable consumers and retailers to quickly identify and remove contaminated products from their refrigerators and store shelves.”

The SAFER (Safe and Fair Enforcement & Recall) Act gives the United States Department of Agriculture (USDA) and Food and Drug Administration (FDA) the authority to force a recall of contaminated foods.  Under current law, recalls are completely voluntary even when public health is at risk.  The United States is one of the only industrialized countries in the world that lacks this basic recall power, despite having the ability to recall toys and many other products.  The TRACE (Tracing and Recalling Agricultural Contamination Everywhere) Act requires the Secretary of Agriculture to establish a product tracing system for all food products from their origin to the market, enabling faster recall in the event of contamination. 

DeGette is also a leading cosponsor of The Food Safety Act of 2007, which creates a single food safety agency to oversee our nation’s food supply.
 
“Many of the problems with our food safety system stem from the fact there are fifteen different federal agencies with some responsibility for food safety. The monitoring failures of this disjointed system illustrate the need for creating a single food safety oversight agency,” concluded DeGette.

• Gives the federal government the authority to issue a mandatory recall of contaminated food.  Under current law, these recalls are voluntary.
• All food would be covered by this recall authority, including that which is under the jurisdiction of the USDA and the FDA.
• If the federal government determines food has been contaminated, it is required to notify all people who were involved in producing, manufacturing, transportation, storing, or distributing the food.
• Once they have been notified, the government can provide the opportunity for a voluntary recall. 
• If the USDA or FDA determines that an article of food is a threat to public health, and the food is not recalled voluntarily, the agencies can order that the foods be immediately recalled and that distribution be ceased.
• To promote awareness of the contamination, the federal government can notify consumers and well as state and local public health officials.
• The bill sets forth civil penalties for individuals and other entities that violate its provisions, with an opportunity for a hearing to contest adverse findings if requested.

• One of the biggest questions with our food safety system is what to do when an outbreak of foodborne illness is discovered.  There is no quick, reliable way to find out where the product came from or where other contaminated foods may have been shipped.
  
• While we should focus our efforts on preventing contamination in the first place, we also need to have procedures in place to deal with the an outbreak.
• Such a system would allow us to not only quickly identify the source, but also to inform businesses along the supply chain, cease distribution of other tainted products, and notify potential consumers and business owners who may have this food in their homes and restaurants. 
• Without a proper product tracing system, one person becoming sick from tainted food could potentially turn into a public health crisis.
• This legislation requires the FDA and the USDA to establish a product tracing system to track food products from their origins to the grocery store, enabling faster recall in the event of contamination.
• This proposal will assist consumers and retailers in identifying and removing tainted products from refrigerators and store shelves.  
• With meat and poultry products, which are under the USDA’s jurisdiction, animals would be identified in a way that enables them to be traced to any location at which they were held at any time before slaughter.
• It would also require the labeling of meat products allowing them to be traced through processing and distribution to the ultimate consumer.
• For other food products, under the jurisdiction of the FDA, this bill requires a similar traceability system that tracks food at all stages of manufacturing, processing, packaging, and distribution.