Marler's testimony

Here is a link to Bill Marler's written testimony that will be submitted to tomorrow's hearing of the House Energy and Commerce Committee. He indicated he won't be a panelist that presents to the committee in person, but he is submitting these written remarks, and some of his clients will testify.

In his written remarks, Marler repeats his signature line, asking the committee to put Marler Clark "out of business."

It is time that you help government, help business, help consumers and make me unnecessary. I will do that by presenting best practices and other recommendations that can make that possible. Therefore, I thank this committee for inviting me to help with a dialogue about making the food chain safer for consumers.


Marler then makes the connection between the E. coli cases on produce with the early struggles the meat industry .

What has changed since Upton Sinclair’s “Jungle” are two things. One, the source of disease has shifted from the meat that Sinclair described to produce. As usually happens, it took a crisis for incidences of E. coli in meat to decline. That crisis occurred in the early 1990s. Undercooked hamburgers containing E. coli from Jack in the Box sickened 650 people, four of them children who died. Shortly, I will discuss how that problem was fixed, perhaps not completely, and the important lessons we as a nation should learn from that. Incidentally, that has been one of the major food safety success stories of our time. According to the CDC, E. coli outbreaks linked to tainted meat have declined by 42 percent. The American Meat Institute puts that figure at 80 percent.Currently, the single largest source of food-borne disease is produce such as lettuce, spouts, tomatoes, spinach, green onions and parsley. Here are some figures. In the past 10 years, the Food and Drug Administration – the FDA – reported 21 outbreaks related to fresh leafy products. In 2006, 205 people became sick and five died from eating E. coli contaminated spinach.


Marler has eight recommendations for the committee:


From research and experience, here are eight recommendations.

First of all, there exist two “best practices” in meat that should be extended to produce. Following the Jack in the Box crisis, the head of the U.S.D.A.’s Food and Safety Inspection service took a regulatory and systems approach to food safety. That “hero” was Michael Taylor. Taylor declared that raw ground beef that is contaminated with E. coli would be classified and treated as “adulterated” within the meaning of the Federal Meat Inspection Act. Following Taylor’s example, we must serve notice to produce and other food processors that E. coli, salmonella, etc. will be classified and treated as adulterants. In addition, the same kind of comprehensive Risk Management System must be established and implemented. Penalties must be criminal and civil.
Two, we need the same kind of food safety champion that Taylor was. This person would be a highly visible symbol of our commitment. Along these lines, it is useful to consider consolidating responsibility in one federal-level agency. That would be the central point for communication about best practices and the point of contact for state and local regulators and health departments.
Three, the track record of business for issuing warnings and recalls rapidly isn’t good. Peanut butter has been a classic example. The federal and state governments should have authority to do this. That means increased funding, particularly at the state level. Most outbreaks are regional, not national.
Four, produce an E. coli vaccine for cows. I would say that the lion’s share of produce problems result from this contaminant passed on through cow feces.
Five, the nation requires education about the benefits of irradiation of all mass-produced food including produce. Resistance to this practice seems to be rooted in public perception, not science.
Six, attention has to be paid to the vulnerability of our food supply system to acts of terrorism. Denial and lack of common sense seem to dominate thinking at all levels – business and federal and state government.
Seven, why haven’t we applied our economic and political muscle to imposing more stringent regulations on food imports? This is a central trade issue that has been neglected.
And, eight, there’s an urgent need to improve the resources available to foodborne disease victims. At the top of the list are the out-of-pocket medical costs. Those are usually not immediately or even eventually reimbursed by medical insurance if victims have coverage. By time compensation comes from litigation, the person could be heavily in debt.

Let me wrap this up with one thought. Just as the boldness, courage and relentlessness of Michael Taylor made meat safer, these eight recommendations can ensure the integrity of the rest of the food chain. And better care for victims. Let me say again: “I ask this committee to put us at Marler Clark out of business.” Thank you.


TK: I think several of Marler's recommendations will find resonance in the produce community, though he tends to stress regulation over research. His strong words about expanded FDA authority and civil and criminal penalties for processors won't be popular. The most effective witnesses before the committee tomorrow likely will be his clients - or some of those sickened by E. coli tainted spinach or leafy greens.