Disapproving A Rule Submitted By The Department Of Labor

Floor Speech

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Mr. BOOZMAN. Mr. President, I rise today to address the bait-and- switch being pulled on the American people in this Congress regarding catfish inspection. We have all been told by lobbyists for fish importers and the Socialist Republic of Vietnam that the catfish inspection program is ``duplicative and trade distorting,'' but that simply isn't true. This rule is not duplicative, this rule is not distorting, and the program is working to keep food safe for Americans. There is nothing duplicative about this rule. The FDA no longer inspects any catfish. USDA's Food Safety and Inspection Service is the only agency inspecting catfish. Additionally, the USDA and the FDA operate under a memorandum of understanding to prevent duplication. For decades, USDA and FDA coordinated to prevent duplicative inspections with regard to seafood, beef, pork, and poultry.

The fact is that the FDA did not adequately inspect catfish. The FDA inspected less than 2 percent of catfish, and it lab tested an even smaller percentage. It would not be a stretch to argue that we had very little inspection at all. In contrast, the USDA's Food Safety and Inspection Service inspects all catfish, as they do with other farmed- raised meat.

This rule is not a WTO violation. Equivalent standards are applied to imported and domestic fish.

The USDA has been inspecting beef, pork, and poultry with this system for decades. Is that too much to ask for? Why should American consumers be subjected to harmful contaminants that we can prevent?

Contrary to what you may hear, this program is not costly. I have heard many different numbers thrown around, but the bottom line is that the Congressional Budget Office has determined that this resolution would not save the taxpayer a single penny.

If Congress votes to disapprove the USDA's catfish inspection rule, the food safety of the American people will be significantly undermined. This is a health and safety issue, pure and simple. With only a few weeks of inspection under its belt, the USDA has already denied entry of two shipments of imported catfish because they found crystal violet in one shipment and malachite green in another. Both are dangerous carcinogens.

Earlier today the American Cancer Society said they support keeping farm-raised fish inspection at USDA.

Overturning the USDA's catfish inspection rule would set a bad precedent. Congress has never used the Congressional Review Act to overturn a rule that Congress explicitly directed by law. Additionally, if the rule is overturned, the law requiring USDA catfish inspection would remain in place. USDA simply would not have a rule to implement the law, which would lead to significant trade disruption.

Catfish farming is an important industry to Arkansas. Arkansas producers are proud to supply a safe product for American consumers. The bottom line is that our farmers aren't afraid of competition. They just want the security of knowing the domestic industry and imports are all safe.

Voting to disprove this rule would put consumers at risk. I strongly urge my colleagues who share my concerns about the security of our food system to let this important food safety program continue to operate and continue to keep harmful carcinogens out of the food supply of Americans.

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