Delays In New Food Safety Regulations

Delays In New Food Safety Regulations

More than two dozen people have died after eating contaminated cantaloupes. Food safety advocates say outbreaks like these could have been prevented under a new law. Diane and guests explore what’s holding up food safety rules.

Over the past year, more than two dozen people in the U.S. have died and hundreds have fallen ill after eating contaminated cantaloupes. Early in 2011, President Barack Obama signed a food safety bill aimed at preventing these kinds of deaths and illnesses. The legislation is considered the biggest overhaul to food safety in decades, yet many months later, the rules are still being hammered out and the law has not taken effect. The delay has both consumer advocates and industry groups concerned and pushing for faster implementation. Diane and her guests discuss the holdup over new food safety rules.

Guests

Erik Olson

director of food programs at Pew Health Group.

Richard Williams

director of policy research at the Mercatus Center at George Mason University. Previously, he worked for 27 years at the Food and Drug Administration.

Bill Marler

lawyer at Marler Clark, The Food Safety Law Firm.

Bill Tomson

reporter for Dow Jones Newswire.

Ray Gilmer

senior vice president of communications for United Fresh Produce Association.

Comments

Please familiarize yourself with our Code of Conduct and Terms of Use before posting your comments.

And besides - there are not THAT many people killed by lettuce and peanut butter. Let the market control it. Right? And by the way - what's up with all this meat inspection stuff? All that's needed is to smell it and look at it. If it's green or smells bad, don't eat it. One thing, Jim - you should learn a little better how to use sarcasm. It never works well when mixed with vitriol. Sarcasm is a learned art that requires calmness and self confidence. Vitriol requires just the opposite. Your comment contains mostly vitriol. I know - it's the Tea Party way. I just wish it could be tempered even slightly.

August 22, 2012 - 1:35 pm

"IndieLady7 wrote:

In addition, eating local reduces the carbon footprint. If you purchase meat, many farmers will allow access to the farm and processing facilities--so you can see how the animals are cared for and processed. Many local farmers also raise meat and produce without chemicals, hormones, pesticides, and antibiotics.

In terms of food safety, I've heard of a law called "Kevin's Law"--of which gives the USDA authority to close down facilities that are not clean and shows signs of eColi and salmonella. However, it wasn't passed, and the trade organizations have fought back in court--of which ruled in their favor.

Oftentimes, you have to wonder if the best thing to do is to grow and raise your own food.
August 22, 2012 - 10:10 am"

Your comment made pretty good sense until you threw in the Union remark. Care to enlighten us to cases where the Unions have had ANY EFFECT WHATEVER ON FARM AND FOOD LEGISLATION??

Anyhow, "facilities that are not clean and shows signs of eColi and salmonella", are routinely forced to recall millions of pounds of toxic food and if that doesn't cure them they can be shut down permanently.

We tried to raise our own food, but while the quality and safety can be better, it is not cost effective and requires a lot of land and work.

Raising 50 percent of your food might be a better goal.

Monte Haun mchaun@hotmail.com

Even Farmers that farm 7000 Acres buy all their food at the Store these days.

August 22, 2012 - 3:28 pm

"mhb190 wrote:

The FDA budget for 2012 was $3.8B, and they have requested $4.5B for 2013. Your guests have stated that FDA has a 'meager' budget. How much would be what they believe would be an acceptable budget to perform their regulatory tasks?
Thank you.
August 22, 2012 - 10:28 am"

How about enough to cut the 20,000 Deaths and Hundreds of Thousands of painful and disabling Food poisoning cases in Half, Say?

Not to mention the staggering cost of the often futile attempts to save the Victims lives.

Thank you.

Monte Haun mchaun@hotmail.com

August 22, 2012 - 3:44 pm

John Stossel, a Right wing piece of human filth who naturally ended up at Fox, did a piece on Organic Farming and correctly pointed out that using manure on crops is no longer a good idea.

That's about all the Good, I can say about Stossel.

Monte Haun mchaun@hotmail.com

August 22, 2012 - 4:09 pm

"melissaps wrote:

Regarding panelist comment about produce being a global market, American farmers need to meet safety standards, but how can we assure that imported produce has been grown and processed in compliance with American regulations and standards? Wouldn't requiring such compliance make the cost of production and importation closer to the costs for American farmers? Recalling the problems with imported produce in the past, how can we not insist on the same standards for food coming from outside America?
August 22, 2012 - 10:48 am"

There are standards for a wide variety of commodities, imported or domestic, like plywood, gasoline, Cotton, Pork Bellies, grain Etc. etc and if not met, the Buyer can send the stuff back.

I was acquainted with a Man whose job was to spot check Lots of S.S. Pierce Tiny Baby Leseure Peas to insure that they were really were Tiny Baby Leseure Peas.

And the Govt. employed Tea Tasters for many years.

Monte Haun mchaun@hotmail.com

August 22, 2012 - 4:27 pm

I listened to the program this morning. I was directly affected by the Jensen Farms Listeria outbreak that we will soon be celebrating the 1 year anniversary. My father passed away on the 18th of December.Dad survived New Guinea and the Philipines but couldn't survive Eric and Ryan Jensens listeria tainted cantaloupe.This is not going to be a joyous time for my family and the 146 families that were affected by sloppy processing by the Jensens. There are others that are to blame as well. Bill Marler was on the panel and is representing my father. I feel that I should disclose this.

I was struck by a comment that we can't inspect everything nor will we have enough inspectors. I guess that we should just accept the status quo and accept 3000 deaths a year. I have read a report that the cost of food borne illness is over 70 billion dollars a year.

California tightened their regulations. Colorado now has mandatory inspections twice a year. We the people should demand that the FDA should receive funding for more inspections and inspectors. I know that there are some that think the government is intrusive, but this our lives not politicians lives.

I hope that the WH doesn't hold the FMSA hostage much longer. To me food safety is a matter of national security. I hope that the house doesn't try to defund any of the new
regulations. The House need to fully fund the FDA as well!

Paul A Schwarz
December 18, 2011
Section 51 Row 1 Grave 3 Ft Leavenworth/Leavenworth National Cemetery

August 22, 2012 - 6:03 pm

It is important that consumers understand that most of us in the produce industry fully support the new FSMA regulations because we take very seriously our responsibility to produce safe food. With reference to cantaloupe specifically, the California cantaloupe industry – which produces 60 percent of the U.S.-grown cantaloupes – has spent the last 20 years conducting food safety research and has taken measures to implement practices designed to make our product safe. California cantaloupes have never been associated with a foodborne illness outbreak – yet this year, the industry enacted a food safety program which involves mandatory government inspection of our fields and packing facilities. The program is paid for with a tax on cantaloupe handlers and includes farmers of all sizes. We firmly believe that every grower, packer and distributor MUST understand and implement these practices for the safety of all consumers. These past two years have been a constant reminder that any size farm is susceptible to a foodborne illness outbreak and as such, established food safety protocols MUST be followed.

August 22, 2012 - 6:34 pm

Many of the issues raised in this excellent segment are addressed by a program in California which has existed for five years to protect public health through mandatory government inspection to ensure a set of science-based food safety practices are being followed on leafy greens farms. 

This program has been successfully implemented on farms of all sizes and is an example of a public-private partnership which allows industry and government to work together to fund and implement a comprehensive food safety program for the benefit of consumers.  To learn more about this program, please visit http://www.safeleafygreens.com/

August 22, 2012 - 7:32 pm

I didn't say that you shouldn't wash your fruits and vegetables before consuming. What I'm saying that washing may not get rid of bacteria such as eColi and salmonella if the bacteria is in the cell of the produce--mainly if it was a result of runoff--which gets into the groundwater that plants may take in.

As I mentioned in my first post, if there is a recall on local food, it is reported to the public immediately--meaning that I am not saying that eating only local food is safe. I believe it is much safer, tastier, and healthier than any food that can come from thousands of miles away--which includes California (no offense). While I applaud the efforts of food safety in California, I still prefer local because when something comes from thousands of miles away (btw, I live in Pennsylvania), the fruits and vegetables are picked when they're unripe, shipped all over, and ripened with ethylene gas. In addition, much nutritional value is lost because of the early picking and long travels. Again, I will reiterate that the carbon footprint is much smaller one knows where it's come from and the conditions that the food is grown. With that, if see something questionable, then you can make the decision as to whether or not you choose to futher patronize that farm...and get the word out to others.

August 23, 2012 - 8:21 am

I didn't mention anything about unions. Trade organizations are not unions. I was referring to lobbyists groups for Big Ag like the National Chicken Council, or the Beef and Pork Councils. They are buying and selling Congress to put restrictions on the USDA to regulate and inspect. Many of the businesses under such organizations are "self policing"--of which they are not accountable for anyone but themselves. With this, they can hide anything.

August 23, 2012 - 9:45 am

The average person in our country is not familiar with what goes on in the farm fields during harvest - or at any time, for that matter.

It's not pleasant, but this is the reality:

In areas where field workers are handling cantaloupe the portable toilets are at the front but not the back of the fields. Some fields may be a 1/4 mile long. In the case of corn, as long as a mile. It's a common practice for the workers to defecate or urinate when and where needed rather than walk 1/2 mile to use the toilet. This is especially true in the fruit industry where workers are paid by the amount they can pick per hour, such as with blueberries, apples and peaches. When I heard Diane ask, "How can this happen?" these were my thoughts.

Certain solutions - more portable toilets, more inspections and better supervision of the farm workers - would cost the FDA and the farmers more money, inevitably increasing the price of food. But what would be more expensive, the cost of the current lawsuits mentioned in this interview or attempting an alternative or combined solution?

One solution would be to educate the workers to develop higher sanitation standards - such as those followed by individuals and the people who run the farmer's markets. The welfare of the field workers must be adequate enough to allow for humane working conditions; providing enough portable toilets and clean water within a reasonable measurable standard is not a cost factor which can be minimized.

Thank you for bringing awareness to this topic. As a small business owner, economist and a member of a farm family, I have a unique perspective on this important subject, though the handling of our food supply is an important subject for all of us.

August 24, 2012 - 9:11 am

I shared your exact thoughts. (My comment is one of the last ones on this page and I haven't read all of the others yet. I'm sure there are other people who agree with your opinion.)

I come from a farm family and am aware of the practices of field workers, but having a melon farmer's perspective would have added an interesting depth to the program. Such a perspective would be specific enough to call the first interview an unauthorized biography, in comparison to one which would have been authorized by a farmer had one been present.

August 24, 2012 - 9:35 am

The Diane Rehm Show is produced by member-supported WAMU 88.5 in Washington DC.