Harkin Says Supreme Case Cause for More USDA Authority

December 13, 1999

Sen. Tom Harkin (D-IA) believes a court ruling suggesting USDA exceeded its authority with tougher meat inspection standards justifies giving the department more authority to enforce sanitary standards. A federal judge ruled Friday the Supreme Beef Processing Inc., Dallas, can continue to make and sell ground beef even though USDA says the company failed to meet food safety standards.

That, says Harkin, is "Alice in Wonderland absurdity" and "most certainly not what Congress intended. If USDA cannot withhold its stamp of approval when a plant fails to meet sanitary standards, then USDA is powerless to protect the consuming public from deadly bacteria that sicken millions and kill thousands of Americans each year."

Harkin has introduced legislation that provides USDA with mandatory recall authority, authorizes USDA to impose civil penalties for violations of meat and poultry safety rules and requires notification of USDA when adulterated meat or poultry is discovered.

U.S. District Judge A. Joe Fish Friday enjoined USDA from pulling inspectors out of the Supreme plant and effectively shutting it down. THE ASSOCIATED PRESS reports Fish said, "No one thinks that salmonella in meat is a good thing. The question is whether the Department of Agriculture had the authority to do what it did.." The government will appeal the ruling.

USDA inspectors were withdrawn from the plant Nov. 30 after the company's products failed three salmonella tests. However, Fish forced inspectors to return to the plan later that same day with a temporary restraining order.

The case is considered a test of USDA's Hazard Analysis and Critical Control Point (HACCP) Program for meat and poultry plants. Thomas J. Billy, administrator, Food Safety and Inspection Service, says HACCP, together with the pathogen reduction performance standard, "are integral and vital elements of USDA's meat and poultry inspection system and are essential to improving food safety."