WASHINGTON,
DC - As more contaminated food continues to be imported into the United
States raising food safety concerns, Energy and Commerce Vice-Chairman
Diana DeGette (D-CO) today questioned the Bush Administration's
proposal to consolidate FDA labs amidst fears the oversight of our food
supply will be at risk and vital jobs in the region will be eliminated.
DeGette made the following opening remarks at the Energy and Commerce
Subcommittee on Oversight and Investigations Subcommittee hearing,
"Diminished Capacity: Can the FDA Assure the Safety and Security of the
Nation's Food Supply?"
The Bush Administration has proposed consolidating FDA food and drug safety labs including the facility at the Denver Federal Center in Lakewood. Belinda Collins, the Director of the Denver District office, testified at today's hearing.
Below are Ms. DeGette's remarks as prepared for delivery:
"Thank you, Mr. Chairman. I appreciate your continued diligence in conducting this committee's investigation of recent food safety scares. This is a topic of the utmost concern for the American people.
"At this subcommittee's first hearing on this topic in April, we heard gut-wrenching stories from victims of these contaminations. Their testimony went beyond the headlines and gave us a look at the devastation brought upon families by the negligence of companies and public officials alike. We also heard from the companies that transmitted contaminated food to consumers and learned more about what went wrong.
"Today our focus is on the FDA itself, where serious concerns have surfaced with regards to the recent spate of food-borne illnesses. It has become clear that the FDA's efforts to anticipate, prevent, and respond to these outbreaks is far from adequate.
"The agency has also been far from forthcoming with this subcommittee in our attempt to investigate its actions leading up to and following these incidents. I expect to find out today why there has not been more cooperation with our investigation, but more importantly, why the FDA has not been more proactive in its efforts to safeguard the nation's food and drug supply.
"I want to focus my comments and questions this morning on one particularly disturbing aspect of this subcommittee's investigation.
"The FDA, in its proposed reorganization of the Office of Regulatory Affairs, has slated for closure over half of its food and drug safety field laboratories.
"One of the seven labs targeted is the Denver laboratory, located just outside of my congressional district in Lakewood, Colorado. Closing this lab would affect approximately 50 chemists, microbiologists, and analysts. These dedicated employees perform highly specialized analysis of BSE, also known as Mad Cow Disease, food pathogens like E. Coli and Salmonella, food additives, and human and veterinary drugs.
"Today I would like to find out how the FDA can justify closing one of the nation's preeminent food and drug safety research laboratories- especially at a time when there are almost daily revelations about contaminated food.
"This morning I have the pleasure of welcoming Ms. Belinda Collins, the Director of the Denver District of the FDA, who will testify today about the important work currently being done at the Denver lab, as well as the risks to public health of shuttering the facility. Thank you so much for being here.
"Though I have met these talented scientists at the Denver lab and know the value they create for the FDA, my interest is not simply parochial. I am sensitive to the budgetary pressures facing federal agencies and would be willing to consider meaningful agency changes if there was demonstrated evidence that these changes would eliminate waste and duplications, appropriately trim costs, and increase efficiency while improving public health. However in this case, such evidence does not exist.
"In fact, just the opposite is true. The FDA itself rated the Denver lab as in "good condition," while the Atlanta lab, which will remain open under the current plan, was rated "fair to poor." The GAO has determined that mid-sized regional labs, like in Denver, are more appropriate than the "mega-labs" FDA wants to create. Additionally, the director of the Denver district will tell us this morning that food safety and indeed homeland security in the Rocky Mountain region and nationwide will be compromised if this plan is carried out.
"Despite this overwhelming evidence of the Denver lab's effectiveness, the FDA is holding its position and moving forward with the closure. It has cited nebulous future cost concerns, without providing this committee or the American people with evidence to back it up. There are claims about increased efficiencies, again, without analysis or documentation. Some officials have said that facilities and equipment are falling apart, but this runs entirely counter to what employees tell us and what committee staff have found on site visits.
"And with all of this talk of economic costs, it is disturbing that the FDA has given no thought to the cost of decommissioning these labs, the cost of not catching the next foodborne outbreak as quickly, or the cost of losing employees with decades of scientific expertise.
"We, in Congress, are not without blame in this fiasco. I have no doubt that FDA needs additional resources to adapt to emerging threats like increased imports and bioterrorism. But this administration, instead of doing quantifiable and verifiable analyses of agency needs and requesting funding accordingly, is simply cutting corners to make political statements about size of government while, we've learned, political appointees in Washington take home huge bonuses.
"It is also disconcerting that the U.S. Food and Drug Administration does not feel compelled to answer questions put to it by the legislative branch. The FDA has not responded to my inquiries about the lab closures. It has not responded to my questions from previous hearings on medical devices and other issues in our health subcommittee. And requests for documents by this subcommittee, charged with oversight of the FDA, have been met with needless delay in some cases and silence in others.
"I would like to mention one more thing, Mr. Chairman. As I have noted before, these investigatory hearings almost inevitably result in strange coincidences, like positive industry and agency developments, the night before the hearing. For example, today we will also dive into the continuing problem of companies packaging spoiled meat and seafood with carbon monoxide to create the appearance of freshness.
"Well, just by chance, today Safeway announced that it will no longer package food with carbon monoxide.
"Mr. Chairman, I would also like to request unanimous consent to enter into the record a statement by Congressman Ed Perlmutter, who represents the suburbs of Denver and sits on the Homeland Security Committee, and whose district includes the Denver lab slated for closure.
"Thank you Mr. Chairman."
DeGette will soon be reintroducing soon two key food safety bills. The first, The SAFER (Safe and Fair Enforcement & Recall) Act for all foods, would give the USDA and FDA the authority to force a recall of all 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. Giving these agencies this critical authority would speed the removal of tainted meat from circulation and significantly reduce the risk of food-borne illness.
The second, The TRACE (Tracing and Recalling Agricultural Contamination) Act, would authorize the Secretary of Agriculture to establish a product tracing system to track meat products from their animal 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.
The Bush Administration has proposed consolidating FDA food and drug safety labs including the facility at the Denver Federal Center in Lakewood. Belinda Collins, the Director of the Denver District office, testified at today's hearing.
Below are Ms. DeGette's remarks as prepared for delivery:
"Thank you, Mr. Chairman. I appreciate your continued diligence in conducting this committee's investigation of recent food safety scares. This is a topic of the utmost concern for the American people.
"At this subcommittee's first hearing on this topic in April, we heard gut-wrenching stories from victims of these contaminations. Their testimony went beyond the headlines and gave us a look at the devastation brought upon families by the negligence of companies and public officials alike. We also heard from the companies that transmitted contaminated food to consumers and learned more about what went wrong.
"Today our focus is on the FDA itself, where serious concerns have surfaced with regards to the recent spate of food-borne illnesses. It has become clear that the FDA's efforts to anticipate, prevent, and respond to these outbreaks is far from adequate.
"The agency has also been far from forthcoming with this subcommittee in our attempt to investigate its actions leading up to and following these incidents. I expect to find out today why there has not been more cooperation with our investigation, but more importantly, why the FDA has not been more proactive in its efforts to safeguard the nation's food and drug supply.
"I want to focus my comments and questions this morning on one particularly disturbing aspect of this subcommittee's investigation.
"The FDA, in its proposed reorganization of the Office of Regulatory Affairs, has slated for closure over half of its food and drug safety field laboratories.
"One of the seven labs targeted is the Denver laboratory, located just outside of my congressional district in Lakewood, Colorado. Closing this lab would affect approximately 50 chemists, microbiologists, and analysts. These dedicated employees perform highly specialized analysis of BSE, also known as Mad Cow Disease, food pathogens like E. Coli and Salmonella, food additives, and human and veterinary drugs.
"Today I would like to find out how the FDA can justify closing one of the nation's preeminent food and drug safety research laboratories- especially at a time when there are almost daily revelations about contaminated food.
"This morning I have the pleasure of welcoming Ms. Belinda Collins, the Director of the Denver District of the FDA, who will testify today about the important work currently being done at the Denver lab, as well as the risks to public health of shuttering the facility. Thank you so much for being here.
"Though I have met these talented scientists at the Denver lab and know the value they create for the FDA, my interest is not simply parochial. I am sensitive to the budgetary pressures facing federal agencies and would be willing to consider meaningful agency changes if there was demonstrated evidence that these changes would eliminate waste and duplications, appropriately trim costs, and increase efficiency while improving public health. However in this case, such evidence does not exist.
"In fact, just the opposite is true. The FDA itself rated the Denver lab as in "good condition," while the Atlanta lab, which will remain open under the current plan, was rated "fair to poor." The GAO has determined that mid-sized regional labs, like in Denver, are more appropriate than the "mega-labs" FDA wants to create. Additionally, the director of the Denver district will tell us this morning that food safety and indeed homeland security in the Rocky Mountain region and nationwide will be compromised if this plan is carried out.
"Despite this overwhelming evidence of the Denver lab's effectiveness, the FDA is holding its position and moving forward with the closure. It has cited nebulous future cost concerns, without providing this committee or the American people with evidence to back it up. There are claims about increased efficiencies, again, without analysis or documentation. Some officials have said that facilities and equipment are falling apart, but this runs entirely counter to what employees tell us and what committee staff have found on site visits.
"And with all of this talk of economic costs, it is disturbing that the FDA has given no thought to the cost of decommissioning these labs, the cost of not catching the next foodborne outbreak as quickly, or the cost of losing employees with decades of scientific expertise.
"We, in Congress, are not without blame in this fiasco. I have no doubt that FDA needs additional resources to adapt to emerging threats like increased imports and bioterrorism. But this administration, instead of doing quantifiable and verifiable analyses of agency needs and requesting funding accordingly, is simply cutting corners to make political statements about size of government while, we've learned, political appointees in Washington take home huge bonuses.
"It is also disconcerting that the U.S. Food and Drug Administration does not feel compelled to answer questions put to it by the legislative branch. The FDA has not responded to my inquiries about the lab closures. It has not responded to my questions from previous hearings on medical devices and other issues in our health subcommittee. And requests for documents by this subcommittee, charged with oversight of the FDA, have been met with needless delay in some cases and silence in others.
"I would like to mention one more thing, Mr. Chairman. As I have noted before, these investigatory hearings almost inevitably result in strange coincidences, like positive industry and agency developments, the night before the hearing. For example, today we will also dive into the continuing problem of companies packaging spoiled meat and seafood with carbon monoxide to create the appearance of freshness.
"Well, just by chance, today Safeway announced that it will no longer package food with carbon monoxide.
"Mr. Chairman, I would also like to request unanimous consent to enter into the record a statement by Congressman Ed Perlmutter, who represents the suburbs of Denver and sits on the Homeland Security Committee, and whose district includes the Denver lab slated for closure.
"Thank you Mr. Chairman."
DeGette will soon be reintroducing soon two key food safety bills. The first, The SAFER (Safe and Fair Enforcement & Recall) Act for all foods, would give the USDA and FDA the authority to force a recall of all 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. Giving these agencies this critical authority would speed the removal of tainted meat from circulation and significantly reduce the risk of food-borne illness.
The second, The TRACE (Tracing and Recalling Agricultural Contamination) Act, would authorize the Secretary of Agriculture to establish a product tracing system to track meat products from their animal 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.
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