Chinese Fish Ban Spurs Durbin and DeLauro to Call for Comprehensive Food Safety Agreement Between US and China

June 28, 2007 -- [WASHINGTON, DC] – In light of FDA’s announcement today to ban five species of fish imported from China, U.S. Senator Dick Durbin (D-IL) and Congresswoman Rosa DeLauro (D-CT) sent a letter urging the U.S. Food and Drug Administration (FDA) Commissioner, Andrew von Eschenbach; the Secretary of Agriculture, Michael Johanns and Secretary of the Department of Health and Human Services, Michael Leavitt to establish a food safety Memorandum of Understanding (MOU) between the U.S. and China. An MOU is a legal document describing a bilateral agreement between parties. It expresses a convergence of will between the parties, indicating an intended common line of action, rather than a formal legal commitment.

“Today’s announcement reaffirms that ‘Made in China’ is rapidly becoming a warning label for American consumers,” said Durbin. “Today’s ban highlights that we need something better than a food safety system that operates on a case by case basis. A Memorandum of Understanding between the U.S. and China would give us a legal agreement that would hold the Chinese government and their exporters accountable for sending contaminated products.”

“An avalanche of unsafe foods and products are entering the U.S. on a daily basis and we need a regulatory system with the ability to manage and restrict this flow. A comprehensive MOU between the U.S. and China would represent a very important component to such a regulatory framework," said DeLauro.

In today’s letter Durbin and DeLauro noted, “Currently, the only two MOUs in place between FDA and its Chinese counterpart concern standards for ceramic ware imported from China. While the U.S. Department of Agriculture has a Memorandum of Cooperation (MOC) in place with AQSIQ, the agreement does not have the weight of a legally binding document. In light of the fact that the United States imports about $2.1 billion of agricultural products from China annually and manufacturers in China have recently been responsible for several significant contaminations of food and drug products, we would like to reinforce our view that a comprehensive food safety MOU between the United States and China should be made a top priority.”

Text of letter below:

June 28, 2007

The Honorable Michael Leavitt The Honorable Michael Johanns

Secretary Secretary

Department of Health and Human Services Department of Agriculture

200 Independence Avenue, S.W. 1400 Independence Avenue, S.W.

Washington, D.C. 20201 Washington, D.C. 20250

The Honorable Andrew von Eschenbach

Commissioner

Food and Drug Administration

5600 Fishers Lane

Rockville, Maryland 20857

Dear Sirs:

One of the most startling aspects of the recent pet food recall is the increasing volume of food and food products that the United States imports each year and our regulatory framework’s ability to ensure the quality and safety of these products. Food imports now account for approximately 13 percent of the average American diet, including significant shares of the fruits, juices, meat, and fish and shellfish we consume. For the most part, food imports are safe and healthy. However, the attention brought to this issue due to the pet food recall has revealed multiple instances of unscrupulous food companies exporting flawed, dangerous products to the United States. We are concerned that the current regulatory framework and resource base might not be prepared to manage these problems.

Just today, we learned that FDA issued a country-wide import alert for imported Chinese farmed seafood products, including catfish, shrimp, and eel. These products were reported to be contaminated by unsafe residue levels of carcinogenic antimicrobials, malachite green, floroquinon, and other contaminants. This announcement is yet another event in an unfortunate series of disturbing food safety problems originating in China.

In addition to pursuing legislative and funding solutions to fix these issues, we have also held several meetings over the past two months with FDA Commissioner Andrew von Eschenbach and the People’s Republic of China’s Ambassador to the United States Zhou Wenzhong to discuss the standards and agreements that govern food safety in the United States and in China. At our May 9, 2007 meeting with Ambassador Zhou Wenzhong and Commissioner von Eschenbach, we specifically requested that the Food and Drug Administration (FDA) and its Chinese counterpart, the Chinese General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), make it a top priority to develop a comprehensive, legally binding Memorandum of Understanding (MOU) in the area of food safety.

Currently, the only two MOUs in place between FDA and its Chinese counterpart concern standards for ceramic ware imported from China. While the U.S. Department of Agriculture has a Memorandum of Cooperation (MOC) in place with AQSIQ, the agreement does not have the weight of a legally binding document. Because the United States imports about $2.1 billion of agricultural products from China annually and manufacturers in China have recently been responsible for several significant contaminations of food and drug products, we would like to reinforce our view that a comprehensive food safety MOU between the United States and China should be made a top priority.

We greatly appreciated hearing the May 25 announcement that during the recent U.S.-China Strategic Economic Dialogue (SED), representatives from the Department of Health and Human Services and Department of Agriculture requested significant progress on the issue of food safety in China. This announcement requested cooperation from China in the following areas: information sharing, technical assistance, access to melamine test results, the imposition of mandatory registration requirements for firms that export to the United States, the prohibition of export to the United States from unregistered firms, and multi-year, multi-entry visas for FDA and HHS personnel to conduct inspections in China to protect public health in the United States.

In light of the continued trend of contaminated Chinese food and agricultural products, we call on FDA and HHS to make a comprehensive U.S.-China food safety MOU a priority issue.

Thank you very much for your attention to this matter.

Sincerely,

______________________________ ______________________________

Richard J. Durbin Rosa L. DeLauro

U.S. Senator Chairwoman

House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies

Source: Senator Dick Durbin

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