DeLauro and Booker introduce common sense Food Safety Bill

Most of the public would be shocked to know that during an outbreak investigation that a neighboring property owner with an animal feedlot can refuse entry to FDA investigators looking for the source of an outbreak. Rep. DeLauro and Sen. Booker aim to make this common sense idea the law.

Press Release: Today, U.S. Representative Rosa DeLauro (CT-03) and U.S. Senator Cory Booker (D-NJ) introduced the Expanded Food Safety Investigation Act (EFSIA), legislation that would grant the Food and Drug Administration (FDA) the authority to collect microbial samples from concentrated animal feeding operations (CAFOs), also known as factory farms, during outbreaks or when there is a public health need. 

Factory farming is at the heart of the spread of bird flu. The reintroduction of this legislation comes as public health experts raise alarms about the ongoing threat of H5N1, avian influenza, as variations continue to mutate, and in addition to persistent foodborne illness risks.

The CDC reports that 1 in 6 Americans suffer from foodborne illnesses annually, resulting in 128,000 hospitalizations and 3,000 deaths. Many of these illnesses stem from bacteria and other microbes originating in animal agriculture. Over 55 percent of foodborne Salmonella cases are linked to animals and animal products. Harmful bacteria from animal production facilities also contaminate fields of produce, further endangering consumers.

Despite these clear threats, public health agencies currently lack the authority to conduct microbial sampling on factory farms, limiting their ability to investigate and prevent outbreaks. Investigators are frequently denied access to farms, obstructing efforts to pinpoint the source of outbreaks and implement safeguards.

“It is clear that corporate consolidation has made our food system more vulnerable—not only to foodborne illness but also to emerging public health threats like H5N1,” said DeLauro. “This crisis is exacerbated by a weak FDA, which lacks the authority to properly investigate outbreaks and remove contaminated food from the market. Under current law, multinational corporations can obstruct FDA foodborne illness investigations, delaying critical public health interventions. That cannot continue. That is why I am reintroducing the Expanded Food Safety Investigation Act, which will ensure FDA has the power to investigate corporate agribusinesses, respond effectively to public health threats, and protect American consumers.”

“Every year, thousands of Americans fall victim to foodborne illnesses,” said Senator Booker. “Currently, the FDA lacks the jurisdiction to investigate outbreaks and identify the sources of contaminated food stemming from animal agriculture. This bicameral legislation will reduce the prevalence of foodborne diseases by empowering the FDA and other public health agencies to properly respond to and investigate outbreaks when they happen and get contaminated food off our grocery shelves.”

“The Expanded Food Safety Act would close a critical gap in our public health safety net by allowing outbreak investigators a chance to trace the source of outbreaks on large animal farms,” said Sarah Sorscher, Director of Regulatory Affairs at Center for Science in the Public Interest. “This common sense safeguard is long overdue and can help provide solutions to stop outbreaks at their source.”

2024 was marred by numerous outbreaks. It is past time for the FDA to have the tools it needs to be proactive, not just reactive.

The full text of the bill can be found here

The legislation is endorsed by American Society for the Prevention of Cruelty to Animals (ASPCA), Animal Rights Initiative, Antibiotic Resistance Action Center at The George Washington University, Associated Humane Societies, Center for Biological Diversity, Center for Food Safety, Center for Science in the Public Interest, Ceres Community Project, Chilis on Wheels, Compassionate Action for Animals, Consumer Federation of America, Consumer Reports, Earthjustice, Environmental Working Group, Farm Forward, Farm Sanctuary, Food and Water Watch, Food Animal Concerns Trust, Friends of the Earth, Godspeed Horse Hostel Inc, Government Accountability Project, Iowa Environmental Council, KWT Consulting, Mercy For Animals, National Sustainable Agriculture Coalition, Natural Resources Defense Council, Mercy For Animals, PIRG, San Francisco Bay Physicians for Social Responsibility, Slow Food USA, STOP Foodborne Illness, Strategies for Ethical & Environmental Development (SEED), Texas Humane Legislation Network, Vegan Activist Alliance, and World Animal Protection.

Perhaps all members of Congress should watch “Poisoned.”

Republished with permission from Bill Marler and Marler Clark. Copyright (c) Marler Clark LLP, PS. All rights reserved.