Date: 1990-03-27
Speaker: THOMAS A. LUKEN (democrat)
Chamber: H

Mr. Speaker. I yield myself such time as I may consume. Mr. Speaker. on October 25. 1989. many Members of this body joined me and Mr. WHITTAKER in introducing comprehensive legislation which will revamp. reform. and revitalize the outdated Hazardous Materials Transportation Act. One of the provisions of Our hazardous materials bill. would outlaw the practice of hauling food and other consumer products in trucks and railroad cars which have been used to carry poisonous chemcials. garbage. and other dangerous commodities. The need for this provision was starkly confirmed to us at our subcommittees hearings last November. We heard shocking testimony from witnesses who have personally investigated numerous instances where trucks and trains have carried food after they have transported deadly chemicals. toxic waste and other dangerous cont aminants. Mr. Alden Fitch. an Inspector with the Washington State Department of Agriculture. testified he has witnessed these atrocious practices repeatedly during his 29year tenure. For example. he personally investigated a case where feed grain was transported in a rail car after it had hauled an arsenic compound. $1 million worth of cattle died after eating the contaminated grain. Milk from other cattle was poisoned and had to be dumped for over 4 weeks until it tested clean. We can only conjecture what would have happened if the poisoned grain had been used for human consumption. Mrs. Terri Moore also testified at our hearing. She heads a citizen watchdog group which monitors a landfill in Centerpoint. IN. Mrs. Moore brought photographs and videotapes depicting graphic scenes of products which were contaminated. including pictures of maggots swimming in disinfectant in a truck trailer. Mrs. Moores group has documented case after case where food. soft drinks. and packaged foods have been backhauled in garbage trucks. refrigerated trucks. and other motor vehicles which have previously carried hazardous waste. chemicals. and other dangerous commodities. The administration has not seen fit to correct these hideous practices which endanger our food supply. Evidently. the Department of Transportation thinks its a problem for the Food and Drug Administration. The FDA thinks its a transportation problem. And EPA. who has jurisdiction over solid waste. doesnt know what to think. The bottom line is that Congress is going to have to direct these agencies to work together to stop these lifethreatening practices. Because of the severity and prevalence of these unconscionable practices. I felt it was necessary for our subcommittee to act as quickly as possible to correct this insidious situation. On November 9. 1989. the members of our subcommittee joined together to cosponsor H.R. 3634. the Sanitary Transportation of Food Act. On November 14. the subcommittee marked up and favorably reported the bill. During the same time. our distinguished colleagues from the Committee on Public Works and Transportation were also examining these dangerous practices. They held hearings which focused on the backhauling of food in trucks which are also used to carry garbage and dangerous chemicals. After our subcommittees action on our bill. the full Public Works Committee marked up and favorably reported H.R. 3386. Our staffs have been meeting during the past few weeks to reconcile the differences in the two bills. I am very pleased to announce that the two committees have successfully resolved any differences between the two bills. The bill which we are now considering represents the joint product of the Energy and Commerce Committee and the Public Works Committee. This bill will shut down those unscrupulous transporters who dont care whether they are hauling trash or tomatoes. The bill covers both trucks and railroads. It focuses on refrigerated vehicles. which are often used to transport perishable food products. and cargo tank vehicles. which are often used to transport chemicals. The bill also requires dedicated vehicles for transporting asbestos and other extremely dangerous products. The bill requires the Secretary of Transportation. along with HHS and EPA. to aggressively enforce regulations governing safe transportation practices. The bill also directs the Secretary to consider and address a number of subjects in issuing the regulations. These subjects include: The extent to which packaging is adequate to eliminate any risks involved. appropriate recordkeeping. marking. and identification requirements. appropriate cleaning standards. and appropriate compliance and enforcement measures. I wish to express my appreciation to Chairman DINGELL. Mr. LENT. Mr. WHITTAKER. Mr. RINALDO. and all the members of our subcommittee who have helped to craft this important legislation. I also commend Chairman ANDERSON. Chairman MINETA. Mr.