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: Food Poisoning Law Blog

Senator Clinton Voices Concern Over FDA Actions

By Pritzker | Ruohonen

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Before she has even had time to brush the dust off of her shoes after leaving the campaign trail, Senator Hillary Rodham Clinton (D-New York) is in the news again.  This time for her reaction to the Salmonella Saintpaul outbreak that has sickened over 1200 people.

As most people know, particularly those who ordered a BLT last month and got a BL, the FDA initially believed tomatoes were the source of the outbreak.  Monday, the FDA announced that one jalapeno pepper sample had a positive genetic match with the outbreak-strain of Salmonella Saintpaul.  A recall of jalapeno peppers was issued; restaurants quit using raw jalapeno and serano peppers; and Hillary (hereinafter referred to as Senator Clinton) wrote a letter.

In her letter to Dr. Andrew von Eschenbach, FDA Commissioner, Senator Clinton expressed concern about the FDA’s inability to localize the source of the Salmonella Saintpaul outbreak, saying “despite the work of investigators from your agency, we still cannot provide assurances to consumers that their produce, especially certain types of peppers, is safe.”

Senator Clinton also commented on the FDA’s progress on implementing the Food Protection Plan:

In November 2007, your agency announced a Food Protection Plan that would improve the FDA’s ability to prevent, intervene, and respond to food-related outbreaks.  This plan detailed concrete actions that the agency would be taking to ensure safety from the earliest points in the production phrase through consumption.  Earlier this month, you released a six-month progress summary.  Given the number of serious food outbreaks that have occurred in the past few years, I am disappointed at the lack of progress you have made in implementing the Food Protection Plan.

Also in the letter, Senator Clinton pointed out specific areas in which the FDA has failed to live up to the goals of the Food Protection Plan.  Those areas include setting up meetings with sates, food industry representatives, and consumer groups to discuss ways of preventing outbreaks, and negotiating with neighboring countries (Canada and Mexico).  She also pointed out the lack of improvement in regard to traceability of outbreaks.

After reviewing the FDA’s progress report on implementing the Food Protection Plan, Senator Clinton asked four questions of Dr. von Eschenbach to provide more details:

1. What is your schedule for meetings with stakeholders and industry regarding traceability? With which groups will you be meeting?

2. Given that models exist for traceability, when you will release a “best practices” document?

3. What is your schedule for meetings and implementation of the Food Protection Plan with our neighboring nations, particularly Canada?

4. You have scheduled a meeting with the states on food safety for August 2008. What is the agenda for this meeting, and what does the FDA anticipate as action steps that will emerge from this conference?

Perhaps pressure from Congress, including senators such as Senator Clinton, will prompt the FDA to finally live up to the standards and goals it has set in order to protect the nation from foodborne illness. Then again, maybe the FDA is still working on what the definition of food safety is.

Full post as published by Food Poisoning Law Blog on July 23, 2008 (boomark / email).

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