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Update on Food Safety

by: Jill Richardson

Wed Nov 17, 2010 at 15:30:20 PM PST


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If you want the short version, here it is: They won't vote on the food safety bill (S. 510) today.

The slightly longer version is that there's been a compromise after over a year of bickering. Some farms and processors will be exempt from some parts of the bill if they sell up to 275 miles from where that food is grown or processed. Also, the definition of what "retail" is has been clarified in a way that everyone likes. If the FDA believes there's a problem, they can check it out and, if necessary, remove the exemption for the problematic operation. I do not have more details on this (yet) but I think the important part is that EVERYONE agrees to it.

The only bad news here is that Dianne Feinstein tried to get a vote on her BPA ban amendment, and then the American Chemistry Council stepped in and killed it. DiFi made an excellent floor speech, which I will try to get a transcript of, and sent out a statement, which is below. I hope that, without any action on BPA from Congress, the FDA steps in to deal with BPA.

With all of that behind us, now we need to wait until tomorrow. If nobody filibusters, they could vote on it tomorrow. If Coburn still wants to stand in the way of this, it could drag out longer.

Can I just say: I hate the Senate.

Jill Richardson :: Update on Food Safety
"Unfortunately, the compromise agreement on a BPA amendment to the food safety bill has been blocked.  Last evening, an agreement between myself and Senator Enzi was reached, which would have:

·  Banned the use of BPA in baby bottles and sippy cups (largely because infants and children are the most vulnerable to the harmful effects of BPA),

·  Required the FDA to issue a revised safety assessment on BPA by December 1, 2012; and

·  Included a savings clause to allow states to enact their own legislation.

I thank Ranking Member Enzi for his agreement.  Unfortunately it has become clear that the American Chemistry Council (ACC) has blocked and obstructed the agreement from being added to the Food Safety Bill currently on the floor.  Therefore, I cannot carry out the agreement that was reached.

I regret that the ACC puts the sale of chemicals above the safety of infants and children.

This was a small step forward - a simple move to ban BPA in baby bottles and sippy cups.  A simple move to protect children.  All it did was ban BPA in baby bottles and sippy cups until the FDA safety assessment count be revised.

There is no benefit from having this harmful chemical in baby bottles and sippy cups for infants. I will not cease in my efforts to remove BPA from products where it can harm human health, and I urge consumers to vote with their pocketbooks by refusing to purchase products that contain BPA. This is especially important when it comes to buying products that will be used by infants or children.

However, I am pleased that seven states have taken initiative to phase out or ban BPA.  I also commend the manufacturers and retailers who have wisely begun to phase out BPA from children's products and search for alternatives.  At least 14 major manufacturers either offer some BPA-free alternatives for baby bottles and sippy cups, or completely ban its use.

What I have learned from this experience is that compromise is not possible on this issue. I very much regret that the chemical industry puts a higher priority on selling chemicals than on the health of infants."

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vote this week (0.00 / 0)
Senator Whitehouse on the floor, lining up the agenda for the week. Trying to finish the bill by the end of the week but no promises. Cloture vote tomorrow. Still working to get agreement on how to handle amendments.

correction (0.00 / 0)
The vote taken on November 17 was indeed on the motion to proceed to S.510, the cloture vote as Jill diaried yesterday. Whitehouse must have said "post-cloture debate" would hopefully be finished today, and I misheard him.

I wasn't able to watch C-SPAN today, I don't know what happened.


[ Parent ]
Nov 18 Senate session (0.00 / 0)
November 18 Senate Session, Part 1

November 18 Senate Session, Part 2

I know S.510 was discussed in Part 2, I don't know about Part 1. First 10 minutes (at least) isn't useful, a quorum call is in progress. Nice classical piano music, though.


[ Parent ]
Coburn in Part 2 (0.00 / 0)
Coburn begins speaking at about 16 minutes.

[ Parent ]
Klobuchar in Part 2 (0.00 / 0)
Klobuchar begins speaking at about 42 minutes.

Klobuchar is sharp.

Following her, Senator J(ackass) Inhofe mouths off about cap and trade again. Moving away from coal and oil will shut down America.


[ Parent ]
Harkin in Part 2 (0.00 / 0)
Harkin begins speaking at about 3 hours, 1 minute. Apparently there will be another vote on a motion to proceed, another cloture vote? Huh? Is this what Jill meant when she referred to Coburn?

[ Parent ]
correction (4.00 / 1)
Harkin begins speaking at about 2 hours, 17 minutes.

Coburn introduced an amendment about earmarks and forced a cloture vote on the amendment, according to Harkin, This second cloture vote has not been held as of 2 hours 30 minutes. I don't know what actually happened today on the floor, but will find out eventually.


[ Parent ]
the only vote I can find (4.00 / 1)
is the vote to proceed on the bill.

"I can understand someone from Iowa promoting corn and soy, but we are not feeding the world, we are feeding animals and soft drink companies." - Jim Goodman

[ Parent ]
on the video (0.00 / 0)
I'm watching now, I think they're voting to close debate on Coburn's amendment. I think.

[ Parent ]
either that or (0.00 / 0)
they're doing a second cloture vote for proceeding to S.510?

[ Parent ]
my understanding (0.00 / 0)
As I understand it from the video, the Senate held a second cloture vote on proceeding to S.510. This second cloture vote passed 57 - 27. Now (in this interval of the video) they're marking time during back room negotiations about what to do.

[ Parent ]
End of Part 2 (0.00 / 0)
At the end of the Part 2 video, the chamber is quiet for about 50 minutes, supposedly while a quorum call was being conducted, then the video ended without warning. I don't see a Part 3 so - I guess the only thing that happened today was the second closure vote, 57 - 27.

[ Parent ]
Kit Bond in Part 1 (0.00 / 0)
Bond begins speaking at about 23 minutes. Bond is against big government except in agricultural biotechnology, which he loves. Ag biotech resulted in massive reductions of applied pesticides in the U.S., and opposition to ag biotech has no scientific foundation.

[ Parent ]
Merkley in Part 1 (0.00 / 0)
Senator Merkley begins speaking at about 59 minutes.

[ Parent ]
Tester in Part 1 (0.00 / 0)
Senator Jon Tester of Montana makes a brief statement beginning at about 1 hour 34 minutes.

[ Parent ]
Hagan in Part 1 (0.00 / 0)
Senator Kay Hagan of North Carolina begins speaking at about 2 hours 56 minutes. She cosponsors the Tester Amendment.  

[ Parent ]
Do you think that this is actually going to do any good (4.00 / 2)
or is it going to be another case of don't enforce the rules we already have but to fix the problems, we'll pass another bunch of rules and hope that takes care of the problems?

I'm of the opinion that if FDA were to fully do the jobs it's tasked with already we wouldn't need a new bill to fix the existing problems.

Normal people scare me.... But not as much as I scare them.


I don't know (4.00 / 1)
I definitely think that NONE of this is fixing the ROOT of the problems. And they seem to always be fighting the last battle. In this case, the provisions in the bill would have helped in the peanut case. So maybe if there's another similar outbreak the bill will help it?

"I can understand someone from Iowa promoting corn and soy, but we are not feeding the world, we are feeding animals and soft drink companies." - Jim Goodman

[ Parent ]
With the peanut case (4.00 / 1)
had the facility been inspected as often as it should have been, the problem might have been averted. Does S510 increase the inspections over what they are now?

Also, in the peanut case, it was state inspectors doing the work that FDA was supposed to be doing. I don't have a problem with this as long as the inspections are done as they should be done, frequency and thoroughness wise.

Normal people scare me.... But not as much as I scare them.


[ Parent ]
inspections (0.00 / 0)
Harkin said he agreed in good faith to delete the provision increasing FDA staffing for inspections, among other things. Then, the good faith agreement (with Coburn) was circulated to Senate offices so Senators could sign off on it. I think Harkin said that Democrats did sign off, Republicans did not, so he announced that the agreement would not be in bill.

Hurray for Harkin.

Anyway, inspections will be increased if the provision for increased staffing stays in, but the cake isn't baked yet.


[ Parent ]
state inspections (0.00 / 0)
Senator Klobuchar pointed out, while rebutting Coburn, that both the peanut butter case (the plant in Georgia) and the jalapeno pepper case were unraveled by University of Minnesota and Minnesota Health Department people after some Minnesotans got sick. Klobuchar pointed to Minnesota as a place to which people could look for lessons about how to do this.

[ Parent ]
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