Bioterrorism Act examined amid salmonella scare
Salmonella cases exceed 1,000; FDA unable to pinpoint source
The Virginian-Pilot Edition
From wire reports
NORFOLK, Va. — The Food and Drug Administration's inability to identify the source of a salmonella contamination that has sickened more than 1,000 people in 41 states shows that the 2002 Bioterrorism Act's provisions to protect the nation's food supply are inadequate when it comes to quickly tracing contamination to fresh produce, some food safety experts say.
Cherry tomatoes, grape tomatoes and tomatoes grown on a vine are among the types that are safe to eat according to FDA officials. (AP Photo/Kevork Djansezian)
Officials still don't know for sure whether tomatoes, peppers or both were responsible for the outbreak, and they don't know the country or state where the tainted produce was grown, despite a rule issued by the FDA under the bioterrorism law that was intended to give federal officials a way to respond immediately to threats to the nation's food supply.
The rule requires importers, processors and distributors to keep track of where they buy produce and where it goes. A major hurdle facing investigators in this outbreak, however, is that processors frequently repack boxes of tomatoes to meet a buyer's demands. In doing so, officials said, they are not required to record the tomatoes' farm, state or even country of origin.
"The purpose of the record-keeping provision of the Bioterrorism Act was to support going back to the origin of food after people have gotten sick when you are trying to find out how the biological agent got there," said Michael Taylor, a professor at George Washington University and a former FDA official. "But the provisions are of little or no value with respect to trace-backs of fresh produce because of the amount of shoe leather and time it would take."
The rule requires only that produce handlers keep track of food one step back and one step forward in the supply chain and does not apply to retailers or growers. Because the rule does not specify the format for records, investigators are sifting through a hodgepodge of paper trails to identify the source of the contaminated produce.
"It's clear that the FDA is not equipped to deal with a trace-back of the magnitude that they are dealing with right now," said Mike Doyle, director of the center for food safety at the University of Georgia.
Several lawmakers and consumer advocates are calling for a system that requires the industry to track the entire history of food products. Some groups, such as the Produce Marketing Association, said they would support national regulation.
David Acheson, the agency's associate commissioner for foods, said in a telephone interview on Monday that the FDA lacked authority to require full trace-back capability, adding, "It's the industry's responsibility to put that kind of system in place, not ours."
But David Kessler, who was the FDA commissioner under presidents George H.W. Bush and Bill Clinton, said the agency has the authority to require the industry to trace produce as it travels from "farm to table" but has lacked "the impetus" to do so.
"The technology exists to trace the entire chain of a food product," Kessler said. "The agency needs to require the industry to put into effect mechanisms to do full trace-back. That regulation could be put in place in months, not years."
Rep. Diana DeGette, D-Colo., said Congress needed to expand the agency's authority to "trace contamination to the source." DeGette has proposed legislation directing the agency to establish a tracing system.
California requires tomato growers to be able to trace their product from the marketplace to the field, which most do using electronic systems that track codes on boxes, said Jay Van Rein of the California Department of Food and Agriculture.
"I understand the frustration" that after weeks of warnings, the outbreak isn't solved, said Dr. Robert Tauxe of the Centers for Disease Control and Prevention. "But we really are working as hard and as fast as we can to sort out this complicated situation and protect the health of the American people."
Added FDA food safety chief Acheson: "It's just been a spectacularly complicated and prolonged outbreak."
The outbreak isn't over , said Tauxe - with about 25 to 40 cases being a reported a day for weeks now, to a total of 1,017 known since the outbreak began on April 10.
This story was compiled from reports by The New York Times and The Associated Press.
Officials still don't know the country or state where the tainted produce was grown, despite a rule issued by the Food and Drug Administration under a bioterrorism law that was intended to give federal officials a way to respond immediately to threats to the nation's food supply. the problem
The rule requires importers, processors and distributors to keep track of where they buy produce and where it goes. A major hurdle facing investigators in this outbreak, however, is that processors frequently repack boxes of tomatoes to meet a buyer's demands. In doing so, officials said, they are not required to record the tomatoes' farm, state or country of origin.