Statement of Administration Policy: S. 2924 - Fish Safety Act of 1990

(House Floor)
(Mitchell (D) ME)

The Administration supports an expansion of the existing seafood inspection program in the Food and Drug Administration (FDA) and the National Oceanic and Atmospheric Administration (NOAA). The Administration, however, opposes S. 2924, which would move virtually the entire program to the Department of Agriculture for reasons unrelated to public health and safety. If S. 2924 is presented to the President, his senior advisers would recommend a veto.

The Administration prefers the amendment in the nature of a substitute which will be offered on behalf of the Committees on Merchant Marine and Fisheries and Energy and Commerce and supports its passage. The amendment aggressively addresses the primary health and safety concern — shellfish contamination — and allows the Administration to propose a comprehensive inspection program to improve the safety of all fish products.

The Administration continues to believe that overall responsibility for seafood safety should remain with the FDA, an agency of the Department of Health and Human Services, and NOAA, an agency of the Department of Commerce. The President's FY 1991 Budget includes an increase for the Federal seafood inspection program directed toward those agencies. The Administration also supports user fees to allow further enhancement of inspection services that impart substantial private benefit to industry. The seafood industry has requested additional Federal inspection, which may increase public confidence and improve seafood marketing opportunities. Thus, user fees are appropriate to finance a portion of any expanded program.

FDA's seafood safety program currently includes mandatory, random inspections and extensive research, and relies on longstanding relationships with States, other Federal agencies, and foreign countries. Many of the activities in FDA's program require highly specialized knowledge and training, including expertise in marine biology and related marine disciplines. FDA's program should remain the cornerstone of the Federal regulatory system for seafood.

NOAA is the only Federal agency authorized to control fishing activities of vessels in Federal waters and has closed those waters to harvesting when a FDA tolerance for a contaminant in shellfish has been exceeded. NOAA has an unsurpassed knowledge of fishing vessels and acceptability of catch. Like FDA, NOAA has experience in inspecting seafood processors under its current voluntary program. This program, which complements FDA's mandatory program, includes grading and lot certification for export, features important for international trade. NOAA is also the lead Federal agency with respect to fisheries trade policy and strategy.

The clearest health risk from seafood involves the consumption of raw molluscan shellfish, although less than one percent of all seafood is consumed that way. This risk stems largely from human pollution of coastal waters. Monitoring the quality of local growing waters is the only viable recourse to addressing this problem. FDA and NOAA, working with the States, are uniquely qualified to address the issue of seafood safety. All State shellfish safety programs for monitoring growing waters are based on FDA training and rely on FDA technical assistance.

Although the Energy and Commerce and Merchant Marine and Fisheries substitute involves some objectionable provisions, it is far preferable to S. 2924.