The HSUS Testifies Before House Committee after Undercover Video Spurs Largest Beef Recall in U.S. History

February 27, 2008

"The USDA did not do their Job," one committee member says.


	©The HSUS
	Undercover video [WARNING: extremely graphic images] shows cows being pushed and run over with a forklift at Hallmark.

By Jordan Crump and Kristen Everett

It was standing room only in a hearing yesterday of the Subcommittee on Oversight and Investigations of the U.S. House of Representatives' Committee on Energy and Commerce.

As the HSUS undercover video rolled, people turned away, teared up and gasped under their breath.

Michael Greger, M.D., director of public health and animal agriculture for The HSUS, was part of a panel of experts on food safety.

Dr. Greger was asked specifically to discuss the recall of more than 143 million pounds of beef from Hallmark/Westland, of Chino, Calif. Approximately 50 million pounds of that meat went to the National School Lunch Program, and much of it has already been consumed.

A committee member pointed out that this follows 20 other beef recalls in 20 months. The hearing focused on what private industry is doing to fix the flawed system.

An Inhumane Loophole on Downers

Hear the Testimony
Listen to audio of Dr. Greger's testimony.

"An unequivocal, truly comprehensive ban on the slaughter of downed animals (animals too sick or crippled to walk) for human consumption—with vigorous enforcement to ensure compliance—is needed to protect food safety and animal welfare," Greger said. "USDA must rewrite its rules to close the current loophole and redirect resources to provide adequate oversight," he continued.

Current USDA rules supposedly prevent the use of downer cattle for food, but a loophole allows inspectors to approve them if the cow can walk when initially inspected and subsequently falls and becomes unable to rise. Inspectors are to evaluate such animals on a case-by-case basis, even though determining whether a downed animal is a safe source of food is challenging—if not impossible—for inspectors because injury and illness are often interrelated (e.g., a broken leg may just be the observable result of an underlying disease).

The recent HSUS undercover investigation revealed "downer" dairy cows being tormented at a Southern California slaughter plant. In response, the USDA has suspended inspections, and the slaughter plant has initiated the nation's largest recall of beef. The San Bernardino District Attorney has also filed five felony counts under California's anti-cruelty statute and three misdemeanor counts against one slaughter plant employee. A second worker was charged with three misdemeanors involving downers.

How to Fix a Broken System?

"It seems to me, the USDA did not do their job," said committee member Rep. Greg Walden (R-Ore.), who wanted to know where the USDA inspectors were when they were supposed to be overseeing plant operations.

The slaughter plant's CEO was a no-show. However, waiting in the wings were leaders of companies such as Dole, ConAgra and Butterball. The second half of the hearing involved a report back from companies who have had recalls in the not-too distant past.

The chairman of the committee, Rep. Bart Stupak (D-Mich.), noted, "Our food safety system is broken...voluntary compliance by companies does not appear to be working," he said.

Greger pressed committee members to consider two pieces of pending legislation:

H.R. 661 – Downed Animal and Food Safety Protection Act, to close the loophole that allows downed animals to be slaughtered for human food.
H.R. 1726 – Farm Animal Stewardship Purchasing Act, which would create minimum animal welfare standards for products purchased by the federal government, including the school lunch program.

Suggestions for Safety

Rep. Mike Doyle (D-Pa.) asked, "How do we create financial incentives to do it the right way?" He voiced his support for establishing a clear ban on any downed animals in the food supply, as one way to establish such incentives.

Rep. Diana DeGette (D-Colo.) pressed, "What about the next thing? What can be done to ensure safety in the future, rather than just apologize for the past?" She called for mandatory recall authority by USDA and FDA and traceability of food products.

The committee heard from various parties with suggestions to improve the current system. Members heard a push for more inspectors and more frequent inspections. An attorney who has represented individuals who have suffered food-borne illnesses supported merging the three agencies that oversee food safety in the United States. He said 2007 is the worst year he's seen in quite some time.

"For the animals themselves, removing current incentives that encourage workers to try every cruel tactic imaginable to force animals up temporarily for the inspectors would alleviate suffering—if crippled animals cannot be sold for food, slaughter plants have no reason to prolong their misery to try to get them through the slaughter process," Greger said.

What You Can Do

Ask your legislators to support the Downed Animal and Food Safety Protection Act as well as the Farm Animal Stewardship Purchasing Act, if they don't already.

Jordan Crump is a public relations specialist at The HSUS, and Kristen Everett is a public information officer at The HSUS.

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