For Immediate Release: May 1, 2007

Sutton Introduces Bill to Keep Our Food Safe

Congresswoman Betty Sutton introduces the Protect Consumers Act to give the FDA mandatory recall authority on all products it oversees

Washington, D.C. - Today, Congresswoman Betty Sutton introduced the Protect Consumers Act, legislation granting the Food and Drug Administration (FDA) much-needed mandatory recall authority.  This legislation will allow the FDA to issue an immediate, mandatory recall on any product the agency oversees, such as tainted pet food or spinach, both of which have recently led to illness and death.  

"It is common sense that the agency responsible for keeping our families safe should have the ability to require contaminated or tainted products to be immediately taken off the shelves in our supermarkets and grocery stores," Sutton said.  "The FDA regulates 80 percent of our nation's food supply, and we need to give the FDA every tool possible to ensure our food is safe."
 
Under current law, the FDA has the authority to investigate food complaints, but must rely on industry to recall the affected products. Currently, the FDA does not have the authority to issue an immediate, mandatory recall on products it determines pose a threat to human or pet safety. The Protect Consumers Act will allow the Secretary of Health and Human Services and the FDA to issue an immediate recall and require manufacturers, importers, distributors or retailers to immediately cease distribution, manufacture or sale of any product deemed unsafe for consumption.  The bill also requires the Secretary and the FDA to immediately notify individuals subject to the risks associated with the recalled product.  
 
"The FDA is charged with ensuring that our food is safe to eat.  This agency must have the authority to get unsafe products off the shelves.  It is simply unacceptable to rely solely on the producers and sellers of tainted products to determine if or when they will implement a recall," Sutton said.  "The Protect Consumers Act will stop the sale of unsafe products as soon as officials discover health concerns and determine a recall is necessary.  This legislation will make our families and our pets safer."
 
The Protect Consumers Act also directs the Secretary of Health and Human Services (HHS), who oversees the FDA, to conduct a study in collaboration with manufacturers, distributors, retailers, public health groups, consumer groups and other affected organizations to identify ways to improve mandatory and voluntary recalls.  The legislation directs the HHS Secretary to then issue new regulations based on the report recommendations no later than one year after enactment of the law.
 
"After giving the FDA mandatory recall authority, directing federal officials to work with companies, food safety advocates and consumer groups is the most responsible thing we can do.  Together, I hope they will engage in a constructive dialogue to identify the steps we can take to make our food even safer," Sutton said.  "The Protect Consumers Act will do a great deal to protect our families from tainted and contaminated food, but the FDA, private companies and consumer groups must continue to be vigilant in testing products, identifying problems and enforcing the law."  
 
Late last year, nearly 200 people fell ill and at least three died after eating spinach contaminated with E. coli.  In recent months, pets across the country died needlessly after eating products containing wheat gluten contaminated with a plastic compound banned for use as a fertilizer in the United States. Last week, federal health officials disclosed that salvaged pet food contaminated with this compound made its way to hog farms across the country, where it may have entered the food supply for humans.  And yet, the FDA remains without authority to issue mandatory recalls.  The Protect Consumers Act will make human and pet safety the top priority when a food emergency is identified.

"I look forward to working with my colleagues in the House to protect food safety for humans, as well as pets.  We cannot wait for more emergencies to occur to take action.  The time to implement the common sense reforms in the Protect Consumers Act is now," Sutton said.

Contact: Ian Mandel at 202-225-3401