Floor Statement

 

The Honorable Frank D. Lucas

Ranking Member, House Committee on Agriculture

 

RE: H.R. 2749, the Food Safety Enhancement Act of 2009

 

July 30, 2009

Mr. Speaker, I rise in opposition to this legislation, HR 2749, the Food Safety Enhancement Act of 2009.

Let me begin by saying that yesterday Members from both sides of the aisle rejected rushing this bill through Congress.   Yet, today we find ourselves considering the same legislation under a closed rule.  Once again, we are barred from offering amendments.  What is the Majority leadership so afraid of?

I have said before and I will continue to say again today that this country has the safest food supply in the world. 

Does that mean that there isn’t room for improvement?  No.

Does that mean we shouldn’t continue to examine our regulatory system and find ways to make it better?  No.  

I don’t think there is a single member of this Congress who wouldn’t support reasonable proposals that improve the safety of what is already the safest food supply in the world.

But this legislation is woefully inadequate.  It fails to achieve what we are all seeking for our consumers:  an improved food safety system.

The biggest example that I can point to is the fact that the bill expands the reach and authority of the U.S. Food and Drug Administration, but does not require further accountability.  This legislation does not require FDA to spend any additional funds on the inspection of food.

Beyond that, there are other provisions that are troublesome.  One in particular would mandate FDA to set on-farm production performance standards.  I am stunned that more people are not outraged by this concept—that the federal government will tell our farmers and ranchers how do to something that they have been doing since the dawn of mankind.

Even after changes that will limit the intrusion of the federal government on the farm, the bill still goes too far in the direction of trying to produce food from a bureaucrat’s chair in Washington.  There remains a host of other problems with this bill.

For example, has anyone considered if it’s wise to have the federal government grant licenses and charge fees for processing food?  This would mean that the federal government could arbitrarily withdraw that license for technical violations of the law that ultimately would shut down an operation.  Has anyone even considered the consequences of the provisions in this bill?  Has anyone thought about how this would increase the cost of food for consumers and force food production out of the country?

Furthermore, the bill’s quarantine authority allows FDA to quarantine the entire nation if there is evidence or just information that a food commodity poses a health risk. No consideration is given to economic losses suffered by food producers, processors or distributors. In particular, if the FDA ultimately lifts the quarantine because it was wrong, the agency has no obligation, authority, or means to indemnify producers for their losses.

Mr. Speaker, let me revisit my original point:  we have the safest food supply in the world.  We need to constantly work to improve our food safety system.  But, if we are sincere in making those improvements then we would have a bill before us that is not the product of a rushed legislative process where all committees with jurisdiction were not allowed to fully participate.

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