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USDA, FDA cast new bid for food recall power

Meat plant worker August 29, 1997
Web posted at: 10:48 p.m. EDT (0248 GMT)

WASHINGTON (CNN) -- In the wake of the biggest ground beef recall in history, the Clinton administration is asking Congress for the power to order a recall of tainted meat and to fine companies that break the law.

Agriculture Secretary Dan Glickman said Friday that he will seek the power to levy fines of up to $100,000 per violation against companies that don't comply with the law, and to shut down plants that willfully or repeatedly violate meat safety laws.

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Michael Friedman, acting commissioner of the Food and Drug Administration, said a companion bill would be filed, possibly next week, to give FDA recall and civil penalty powers for the rest of the U.S. food supply.

The Agriculture Department, which oversees the safety of beef, pork and poultry, cannot order recalls under current law. Instead, it can send out contaminated-food warnings and work with private companies to encourage recalls.

Hudson Foods Inc. voluntarily recalled more than 25 million pounds of ground beef at the behest of federal food safety inspectors. Investigations into procedures at several of Hudson's processing plants continue.

Right now, nobody knows what went wrong, or exactly how 25 million pounds of hamburger from a Nebraska processing plant might have become contaminated with the potentially deadly E. coli bacteria.

But federal officials said they don't need to wait for those answers to take preventative steps. "Once we know there is a problem, let me tell you, the clock starts ticking," Glickman said.

"Under this new law, we will still give industry the opportunity to make the recall voluntarily. The difference is in those circumstances where they refuse, we can order the recall, and that is critical," he said.

The secretary said Americans were probably shocked to discover this month that their government has no authority to order Hudson Foods to recall the suspicious ground beef, nor to levy any fines if they refused.

"Even in the era of the anti-government feeling, there are certain things that people want their public and their government to be involved with. One is food safety, because they cannot totally protect themselves without us being involved," Glickman said.

The meat and food processing industry has fought these regulations before. Once again, it immediately voiced its opposition.

"The agency's powers are so broad that any company that says, 'No, we don't think we ought to recall this product' is going to have the book thrown at them anyway," said Dane Bernard of the National Food Processors Association. Bernard said the "voluntary" compliance rate has been near 100 percent.

However, consumer groups applauded the USDA's move. "We're the meat industry's customers. Why would they say, 'You're not important enough for us to be required to do the right thing'?" said Carol Tucker, the foreman of the Safe Food Coalition.

Glickman said he intended to send his bill to Congress when members return from summer vacation next week.

Vermont Senator Patrick Leahy, a senior Democrat on the Agriculture Committee which oversees meat inspection, said "the mood in Congress is changing" to favor the new rules.

By law the new rules must be introduced by a member of Congress, rather than by the White House.

This isn't the first time Congress has been asked to give the federal government more power over meat industry violators. Twice before, in 1996 and 1994, the answer has been no. While the secretary suggested the public would side with him, he didn't predict a victory this time, either.

Reporter Aileen Pincus contributed to this report.

 
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