Gov. Blagojevich urges U.S. Senate committee to oppose bill that would undermine Illinois' ability to ensure food safety         

The National Uniformity of Foods Act weakens state food safety standards

[SEPT. 21, 2006]  SPRINGFIELD -- In light of the deadly E. coli outbreak announced last week, Gov. Rod R. Blagojevich sent a letter Wednesday to members of the U.S. Senate Committee on Health, Education, Labor and Pensions urging them to vote against a bill before them that would pre-empt state food safety rules and regulations that are stronger than federal requirements. The National Uniformity for Foods Act of 2006, S.3128, is intended to provide uniform food safety warnings and notifications. But, the act goes beyond its purpose and will threaten state food safety programs and the ability to respond without delay to local food safety concerns.

More than 110 people in 21 states have been sickened by contaminated spinach since the E. coli virus was identified in fresh spinach last week. On Monday, the Illinois Department of Public Health confirmed the state's first E. coli O157:H7 case related to consumption of bagged spinach.

"I am deeply concerned about how this bill and its companion, H.R. 4167, will impact our ability to make sure the food supply in Illinois is safe -- especially in light of the deadly E. coli outbreak announced last week," the governor wrote. "While the legislation may be designed to create national uniform food safety warning notification requirements, I believe it will ultimately hinder our ability to protect our state's food supply and hinder our ability to respond quickly to local food safety concerns.

"In 2002, 40 Illinois schoolchildren became sick after eating what appeared to be ammonia-contaminated chicken. Our Department of Public Health issued the necessary embargoes, and the product was immediately removed from the schools so no other children became ill. The legislation under consideration would have prevented our state health department from taking immediate action in a situation like this."

Regulating and protecting the food supply is a responsibility shared by local, state and federal governments. In fact, approximately 80 percent of food safety inspections in the United States are completed at state and local levels.

"The charge of the state health department and its local partners is to ensure the safety of the food supply and protect the public's health," said Dr. Eric Whitaker, director of the Illinois Department of Public Health. "In order to accomplish these goals, the state must retain its authority to respond to contaminated and adulterated products without the added burden and delay of seeking federal permission before taking action."

"It is critical not to hinder our ability to ensure food safety in Illinois," said Chuck Hartke, state agriculture director. "Illinois is a leader in food production, and it is imperative that our inspectors are able to do their jobs to make sure that food gets from the farm to the grocery store to your table safely."

The text of the governor's letter follows:

Dear Senator Enzi:

I am writing today to urge you to oppose S. 3128, The National Uniformity for Foods Act of 2006, currently pending in the U.S. Senate Committee on Health, Education, Labor, and Pensions. I am deeply concerned about how this bill and its companion H.R. 4167 will impact our ability to make sure the food supply in Illinois is safe -- especially in light of the deadly E. Coli outbreak announced last week.

More than 110 people in 21 states have been sickened by contaminated spinach since the E. Coli virus was identified in fresh spinach last week. Monday, the Illinois Department of Public Health (IDPH) confirmed the first case of E. Coli O157:H7 in our state, related to consumption of bagged spinach. Yesterday, I urged Illinois grocery stores and restaurants to continue to take every precaution to protect children, seniors and families from E. Coli contamination and take spinach off their shelves and menus until we know for sure that the products are safe.

While this legislation may be designed to create national uniform food safety warning notification requirements, I believe it will ultimately hinder our ability to protect our state's food supply, and hinder our ability to respond quickly to local food safety concerns.

For example, in 2002, forty Illinois school children became sick after eating what appeared to be ammonia-contaminated chicken. Our Department of Public Health issued the necessary embargoes and the product was immediately removed from the schools, so that no other children became ill. The resolution under consideration would have prevented our state health department from taking immediate action in a situation like this.

Regulating and protecting the food supply is a responsibility shared by local, state and federal governments. In fact, approximately 80 percent of food safety inspections in the United States are completed at state and local levels. Therefore, final passage of S. 3128 and H.R. 4167, preempting state rules on food supply that may be stronger than federal law, could put Illinoisans at risk.

The State of Illinois does not oppose the concept of uniform food labeling. However, the resolution extends well beyond labeling. The charge of our state health department and its local partners is to ensure the safety of the food supply and protect the public's health. In order to accomplish these goals, Illinois must retain its authority to respond to contaminated and adulterated products without the added burden and delay of seeking federal permission before taking action.

Thank you for your time and consideration.

Sincerely,

Rod Blagojevich
Governor

[News release from the governor's office]