| The Problem
The Arnolds say they observed piles of manure 40 feet high, and saw live and dead chickens, mice, and a live cat on the egg conveyer system to feeds eggs to the packing area. Eggs returned by retail stores were repackaged and sent out again for retail sale even though the eggs were already weeks old. Robert Arnold said "a USDA person said it was OK because they do it all the time."
The USDA officials contacted by the whistleblowers were assigned to grade eggs at the facility. [A]gency spokesman Caleb Weaver said their main duties are "grading" the eggs and they aren't primarily responsible for looking for health problems." Reportedly, "the USDA employee who oversaw grading at the facility did not recall anyone raising issues."
Sidebar: During the 13 years that I worked at USDA, I frequently reported problems of various kinds to officials and, afterward, those officials routinely denied receiving my reports. If they admitted receiving them at all, they grossly mischaracterized the nature of the reports. Eventually, I concluded that USDA managers try to program employees to ignore complaints. One was lucky, too, if being ignored was the extent of management's response. Frequently, employees who reported problems were subjected to vicious retaliation, as I was when I reported food security negligence and coverup.
Who's responsible?
The AP article, quoting USDA officials, makes it seem that there was little USDA officials could do because of divisions of authority among USDA, FDA and state oversight officials.
Part of the issue is that the FDA and the USDA split responsibility for egg-laying operations, with the FDA overseeing areas where hens lay eggs and the USDA in charge of the eggs as they are packaged. (AP)
Yes, responsibilities were split. But, USDA managers intentionally avoided explaining those dividing lines to employees. I went to FSIS officials in charge of egg safety and explicitly asked who had responsibility for contamination of shell eggs. Management refused to provide any information except to say, "Read the Egg Products Inspection Act." But, that is not the only law related to eggs, and it did not include any written agreements between oversight agencies like FSIS. So, the instruction I received was doomed to fail insofar as giving me a clear understanding of how oversight actually worked.
Notably, the AP article fails to mention that FDA and USDA long ago signed formal Memoranda of Understanding obligating the agencies to keep each other informed of issues related to their shared responsibilities.
In July, 1999, Morris E. Potter, D.V.M., Director of FDA's Food Safety Initiatives, testified on egg safety oversight before a subcommittee of the U.S. Senate Committee on Governmental Affairs. Potter assured the Senators that "HHS, USDA, and the States have a long history of working together to understand and initiate actions to reduce the risk of Salmonella in eggs." That process was formalized, he explained, by means of a written agreement.
In May 1992, FDA and USDA signed a Memorandum of Understanding (MOU) to improve coordination of control efforts for egg production flocks, breeder flocks, pullet grow-out facilities, eggs during storage and transportation, labeling, research, consumer education, and retail and manufacturing establishments. In addition, in August 1996, FDA and AMS signed a second MOU establishing more formal methods of sharing inspection information regarding egg safety. While the jurisdiction may be divided, FDA and USDA efforts in exercising jurisdiction have been cooperative and coordinated.
The presence of conditions conducive to the spread of Salmonella among egg-laying hens was important enough for federal officials to note and communicate to other oversight authorities. Potter testified:
Salmonellosis is a notifiable disease, i.e., physicians and medical laboratories are required to report identified infections to their local health department. The reports are forwarded to the State health department, which summarizes the information and sends it to CDC. This is the nationwide, passive reporting system for all serotypes of Salmonella.
Invariably, when problems like the current Salmonella outbreak occur, federal officials complain that their hands are tied by inadequate resources and authorities. But, Potter's testimony, like that of many other federal officials over the years, downplayed the problems even though a Congressional hearing was the ideal opportunity to convince Congress of the need to give agencies more authority and resources to carry out their missions. Outbreak after outbreak, the agencies responsible for keeping our food clean and safe put on the same tired and predictable theatrical production. It's time for a new food safety script. |
