# Presentation: 035510

## Imported Food: USDA’s Options for Change Limited by 1906 Statute and Consumer Confidence

**Caroline Smith DeWaal**
**Director of Food Safety**
***NACMPI August 27-28, 2008***

## CSPI

- The Center for Science in the Public Interest is a bi-national NGO representing consumers in both the US and Canada
- 900,000 subscribers to the Nutrition Action Health Newsletter in U.S. and Canada
- Issues:
- Food Safety
- Nutrition
- Alcohol Policy
- Biotechnology
- Integrity in Science
- Eating Green

## Imports to U.S.

- Each American eats 260 lbs of imported food yearly (13% of diet)
- Agricultural and seafood imports from all countries have increased by 50% within past decade
- Meat, poultry, and eggs from 33 countries
- Approx. 1000 foreign establishments
- Imports from China increased 350% within past decade
- 80% of seafood and 20% of fresh produce is imported

## USDA Imports

- FY2006: Approximately 4 billion lbs of meat and poultry imported
- 83.8% Fresh Red Meat
- Manufacturing, carcasses, cuts
- 2.1% Fresh Poultry
- 14.1% Processed Meat/Poultry
- Primarily RTE
- Approximately 111,000 lbs from 25 countries found ineligible– detected, detained, removed from food chain by FSIS

## How Imports are Regulated by USDA	

- Food Safety Inspection Service (USDA)
**Responsible for 20% of food supply (meat, poultry, eggs)**
**Each country and even individual plants are approved for importation to the United States**
**Approximately 10% may be inspected at the border, with a large portion subject to microbiological testing**
**More than 7300 inspectors**

## Recent Problems Have Weakened Consumer Confidence 

- 2008: Over 1400 sickened from *Salmonella *Saint Paul linked to tomatoes and jalapeno peppers grown in Mexico.  Outbreak continues...
- 2007: Pet food from China contaminated with melamine sickens thousands of dogs and cats.
- 2007: Five species of fish from China under import alert for variety of illegal substances.
- 2003: More than 555 become ill from Hepatitis A in green onions from Mexico; three people died.
- 2000-2002: 3 separate *Salmonella* outbreaks involving cantaloupe from Mexico; at least one person died.

## CSPI Imported Food Survey

- August 2008 survey
- SurveyMonkey.com questionnaire
- Sent to over 6000 consumers, self-identified as interested in food safety issues
- Over 600 responses analyzed

## CSPI Survey Results	

- Concern with safety of imported foods:
- 79% very concerned
- Top concerns (greatest, mid, least)
-  Unsafe pesticides (60%, 31%, 9%),
- Pathogens/bacteria (49%, 37%, 14%),
- Unsanitary conditions (39%, 32%, 30%),
- Antibiotics/animal drugs  (31%, 50%, 19%)

**Notes:**
Concern with domestic food safety:
52% very
44% somewhat
5% not at all
Concern with imported foods safety?
79% very
20% somewhat
1% not at all
Food safety issues:
35% unsafe pesticides
27% pathogens
21% unsanitary conditions
10% food additives 
9% humane handling of animals
8% antibiotics

Commodities of most concern:
57% produce
22% meat
16% seafood
10% poultry

## Consumer concerns about imported foods

## Commodities: Levels of Concern

## Countries: Levels of Concern

## Consumer Comments about Food Safety Concerns:

- “There need to be more food inspectors at all levels of government”
- “Food imported from China”
- “Bioterrorism”
- “Safe handling in markets, restaurants and homes”
- “Conditions of where food is manufactured”

## Leafy Green Marking Agreement Survey, 2008

- 89% of consumers favor a mandatory food safety program featuring government inspections
- 60% believe food safety should employ government oversight and mandatory government inspections rather than private auditing companies

##     Other Surveys on Consumer Concerns	

- FMI survey (2007)
- 16% decline in consumer confidence in safety of food purchased at grocery stores
- USA Today survey (2007)
- 83% shoppers concerned about food from China
- 61% concerned about food from Mexico
- Thompson West survey (2007)
- 61% of Americans worry about the safety of their food

## Traceability & COOL

- CSPI Survey of over 600 consumers shows 93% “very supportive” of Country of Origin Labeling (COOL)
- 80% also support more detailed labeling that would show region, county, state, and farm of origin
- CSPI has called on agencies to institute comprehensive traceback, using many of the methods already in use in the marketplace

**Notes:**
*total of 612 people completed the survey

## Options for change are limited by Statutory Requirements

**Meat Inspection Act**
- §604 (Domestic)-- post mortem examination and inspection of the carcasses and parts thereof of *all... *
- §620 (Imports)--  No carcasses, parts of carcasses, meat or meat food products ... shall be imported into the United States ... unless they comply with *all* the inspection ... and all other provisions of this chapter

## Statutory Requirements, cont’d.

**Poultry Products Inspection Act**
- §455(b) (Domestic)-- The Secretary, whenever processing operations are being conducted, shall cause to be made by inspectors post mortem inspection of the carcass of *each* bird processed
- §466(a) (Imports)-- All imported, slaughtered poultry, or parts or products thereof, shall after entry into the United States in compliance with such rules and regulations be deemed and treated *as domestic slaughtered poultry*, or parts or products thereof, within the meaning and *subject to the provisions of this chapter *

## Judicial Findings: USDA must use Government Inspectors 

- AFGE v. Glickman, 215 F.3rd  7
- Originally, USDA’s HACCP-based inspection models project (HIMP) would have required plant employees to perform primary inspection audited by roving USDA inspectors
- D.C. District Court held that this practice violated the plain language of the PPIA:
- "**Both statutes clearly contemplate that when inspections are done, it will be federal inspectors--rather than private employees--who will make the critical determination whether a product is adulterated or unadulterated. ... Delegating the task of inspecting carcasses to plant employees violates the clear mandates of the FMIA and PPIA**."
- To save the program, FSIS instituted a key change- a permanent inspector on the slaughter line- to bring the program into compliance.  Upheld on remand.

## Import Audit Failures

- CSPI review of USDA audits found that:
- 6 of 15 countries audited in 1998-99 violated USDA standards, but no action was taken
- In 2001, about 1/3 of Mexican slaughter & processing plants found in violation... but USDA rejected recommendations to audit the entire Mexican meat inspection system
- History of weak auditing procedures begs the question: Does USDA put foreign trade ahead of public health?

## Some developed countries may have more modern systems than the U.S.

- GAO Report (2008): European Union and Canada
- Farm-to-table oversight
- Producer responsibility
- Separate risk assessment and risk management
- Risk-based inspection systems
- More food imports are subject to equivalency agreements
- Traceback procedures
- Cooperation between government veterinarians and public health officials
- Mandatory recall

## Some developing countries have less sophisticated oversight systems

- Emerging markets – developed to developing and back again
- What does equivalence mean? Are we “speaking the same language” when it comes to food safety in other world regions
- Can we rely on global supply chains in the absence of adequate government oversight (ours and theirs)?

## Modernizing Food Safety?

- A modern system will require a modern law that encompasses:
- Traceability  -- Matching our ability to track  and connect illnesses with our ability to track products through a global marketplace
-  Effective Audit Systems – The ability to trust the safety and quality of products produced outside of specific oversight systems, whether they are local, regional, or national.

## Questions?

- Contact Information:
- Caroline Smith DeWaal
- Food Safety Director
- CSPI
- _[csmithdewaal@cspinet.org](mailto:csmithdewaal@cspinet.org)_
- (202) 777-8366