Harkin's 1999 produce safety bill

Sen. Tom Harkin, D-Iowa, is widely expected to introduce a produce safety bill in the next few weeks, lobbyists say. One Farm Bureau lobbyist said the bill will be much like Harkin's bill from 1999. "The Fruit and Vegetable Safety Act." I've found the Congressional Record link to that bill here. From the CR:

S. 823 To establish a program to assure the safety of processed produce intended for human consumption, and for other purposes. April 15, 1999 Mr. Harkin (for himself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

Key points..

Not later than 1 year after the date of enactment of this section, the Secretary (of HHS) shall by regulation issue standards for good manufacturing practices for the processing of produce.
The regulations issued under subsection (a) shall be the same as the provisions of the good manufacturing practice regulations that apply to the processing of food notwithstanding any exclusions in Federal law relating to establishments engaged solely in the harvesting, storage, or distribution of raw agricultural commodities), except as provided in paragraph (2).
`(2) Exceptions.--In issuing regulations under subsection
(a), the Secretary may modify the provisions described in paragraph (1) if the Secretary determines, for good cause shown and stated together with the regulations, that-- ``(A) a modification of such provisions would be more effective to prevent the contamination of, or promote the sanitation of, processed produce; or (B) the application of a portion of such provisions would not result in the prevention of contamination of, or promotion of sanitation of, processed produce.
`(c) Effective Date.--The regulations described in subsection (a) take effect 2 years after the date of enactment of this section.

The Secretary shall provide for unannounced inspections of processing facilities to determine if produce processed in the facilities is in compliance with the requirements of this Act that relate to produce.

Good Agricultural Practice Regulations.--Not later than 2 years after the date of enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall by regulation issue standards for good agricultural practices for the production of raw agricultural commodities, in order to minimize the adulteration and maximize the safety of those commodities. (b) Implementation Plan.--Not later than 3 years after the date of enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall issue and carry out an implementation plan for the implementation of the standards.

On imports...

In determining whether a system, conditions, or measures meet the requirements of this Act or otherwise achieve the level of protection required, the Secretary may consider whether an officer or employee duly designated by the Secretary has requested, and has been refused, access to the establishment or location where such food was prepared, packed, or held for the purpose of inspection (including sample collection), including inspection under subsection (a)(1), (b), or (d) of section 704A or section 704B, testing, or other relevant procedures, at a reasonable time and in a reasonable manner, and may deny the importation of such food from such establishment or location on the basis of such refusal and other relevant factors.''.


TK: This bill didn't get anywhere in 1999, with Democrats Dick Durbin of Illinois and John Kerry of Massachusetts as co-sponsors. It's a different era now, but this probably isn't the solution the industry wants, notwithstanding the general call for strong federal oversight.