Food Safety Bills Defeated in Assembly Agriculture Committee

Yesterday, the California Assembly Agriculture Committee defeated Senate Bill 202, and did not vote on Senate Bills 200 and 201, all bills introduced by California Senator Dean Florez.  The bills, as summarized below, were introduced in response to last year's E. coli O157:H7 outbreaks traced to contaminated spinach and lettuce grown in California. 

  • Senate Bill 200 gives the Department of Health Services the much-needed authority to recall, quarantine, or destroy produce which may pose a threat to the public. The measure also creates an inspection program to proactively address the threat of outbreaks. DHS inspectors would have the authority to conduct periodic on-farm inspections, including testing of water, soil and produce.
  • Senate Bill 201 mandates Good Agricultural Practices for leafy green growers, covering everything from water and fertilizer use, to worker hygiene, to the creation of buffer zones between fields and potential contamination sources. Growers would be required to maintain extensive documentation of these practices. These documents would be reviewed by DHS to ensure compliance.
  • Senate Bill 202 calls for the creation of a traceback system that can quickly trace contaminated produce through the various stages of the distribution process, from farm to processor, to distributor, to retailer. In the most recent E. coli outbreaks, lettuce and spinach producers nationwide took a major economic hit, because it could not immediately be determined where the contaminated produce came from and every farm was suspect. The ability to quickly find the specific source in an outbreak, combined with DHS’ ability to quarantine or destroy suspect produce, will prevent a similar industry-wide hit in future E. coli outbreaks.
According to an article in the Fresno Bee, Senator Florez and Assembly Member Nicole Parra, a member of the Assembly Agriculture Committee, engaged in a heated exchange over the bills.  As opposed to government regulation, Assembly Member Parra supports industry self-regulation.  E.J. Schultz wrote for the Bee:

Parra, who earned the endorsement of the California Farm Bureau Federation in her last election, told reporters that she was "to this point" satisfied with the industry approach.

"Food is never 100% secure, so even waiting for one more fatality and blaming the industry is not fair," she said after the hearing. "We will do everything to work with [state agriculture officials] and the industry to make sure our food is as safe as it can be."

During the hearing, she blasted Florez: "I know you're going to go out to the press and probably say that if someone else dies, it's on our back. Well, don't blame the members of this committee, senator. Blame me if you have an issue, but that is not the message that we want to get out of this committee."

Florez shot back, criticizing Parra and the committee for failing to vote on two of the bills.

"I think this is one of those cowardly acts that will just kind of haunt people as they go on," he told reporters after the hearing. "And people will ask the question, 'Why didn't you ever vote on food safety?' At least say yes or no."

Meanwhile, the Western Growers Association put out a press release applauding the Assembly Agriculture Committee's refusal to vote on Senate Bills 200 and 201 and its defeat of Senate Bill 202:

"We are very pleased with the committee's decision to stop these pieces
of legislation and allow our industry an opportunity to show that the Leafy
Greens Handler Marketing Agreement is the most effective approach to
ensuring the leafy greens grown, harvested, packed and shipped to our
dinner tables is as safe as scientifically possible," said Western Growers
President and CEO Tom Nassif. "Assembly Member Parra has shown incredible leadership and resolve in dealing with this issue, and we truly appreciate her and the committee's vote of confidence."