March, 2009

Obama ends slaughter of sick cows for meat

THE PRESS-ENTERPRISE, RIVERSIDE, CALIFORNIA

By Ben Goad

WASHINGTON – President Barack Obama on Saturday announced a long-sought end to the practice of slaughtering sick and hurt cows for meat, answering calls for increased food safety that followed last year’s record recall of 143 million pounds of beef from a Chino slaughterhouse.

“As part of our commitment to public health, our Agriculture Department is closing a loophole in the system to ensure that diseased cows don’t find their way into the food supply,” Obama said during his weekly radio address.

The new regulation is expected to be published this week in the federal register and would take affect 30 days later, said Amanda Eamich, spokeswoman for the Department’s Food Safety Inspection Service.

Under previous rules, most “downer cows” — those unable to stand for slaughter — were banned from the food supply because they present a greater risk of illness, including deadly mad cow disease. But in cases when a cow went down after an initial inspection at a meat plant, they could still be slaughtered for beef if they passed a second inspection given by federal veterinary inspector.

The exception was embraced by the meat industry and supported by the Bush administration until employees at Chino’s Westland/Hallmark Meat Company were found to have illegally slaughtered downer cows without the second inspection.

The violation was captured on video by an undercover investigator for the Humane Society of the United States, who worked as an employee at the plant in late 2007. Beyond the illegal slaughter, the footage showed plant employees beating, shocking and otherwise mistreating downer cows, apparently so they would stand up and walk on their own into the “kill box.”

The footage was released late last January, sparking a media firestorm that was amplified by the revelation that the plant was one of the top three suppliers of beef to the National School Lunch program. The recall — the largest of its kind in U.S. history — was ordered on Feb. 17, though tens of millions of pounds of the beef had already been eaten, much of it by schoolchildren.

CAUTION AND FEAR

No illnesses have been connected to the recalled meat, and officials have described the danger as extremely low. Still, the recall put Westland/Hallmark out of business and prompted a series of congressional hearings. The Chino meat scandal fueled international concerns about the safety of U.S. meat, particularly in South Korea, which banned American beef after cow in Washington state tested positive for mad cow disease in 2003. In the aftermath of the recall, the Bush administration in May publicly reversed its stance that a ban on the slaughter of so-called downer cows was unnecessary. Then Agriculture Secretary Ed Schafer said the agency would have new regulations in place within months. But the proposal stalled, and it was never completed before the Bush administration left office in January. In an interview last month at his Washington office, newly installed Agriculture Secretary Tom Vilsack said enacting a downer ban was a top priority, but a timeline was uncertain until Obama’s announcement.

“This rule is designed to enhance consumer confidence and humane handling standards and will provide clear guidance that non-ambulatory cattle will not be allowed to enter the human food supply,” Vilsack said in a statement released Saturday. “It is a step forward for both food safety and the standards for humane treatment of animals.”

MOVE APPLAUDED

Humane Society president Wayne Pacelle applauded Obama for moving to finalize the ban within his first 50 days in office after “foot dragging on the issue by the previous administration.” The Humane Society has sought a ban since before the 2003 mad cow scare.

“Finally, the federal government is putting a stop to the inhumane and reckless practice of dragging and otherwise abusing downer cows in order to slaughter them for human consumption,” Pacelle said.

In addition to the ban, Obama said he plans to spend $1 billion to bolster the ranks of federal food inspectors, a measure pushed by lawmakers during the hearings that followed the recall. It was unclear Saturday whether the inspectors would go to the Food Safety Inspection Service, which is charged with ensuring meat safety, or the Food and Drug Administration, which regulates produce and medicine.

Ultimately, the question could be moot. Vilsack has said he favors a single-agency approach to food safety to lessen confusion surrounding recent scares, including the recall of peanut butter that killed nine people this year.

Obama said Saturday that he would convene a Food Safety Working Group, which could take up the issue.

“This Working Group will bring together cabinet secretaries and senior officials to advise me on how we can upgrade our food safety laws for the 21st century; foster coordination throughout government; and ensure that we are not just designing laws that will keep the American people safe, but enforcing them,” Obama said.

Obama Tackles Food Safety, Names Hamburg at FDA

By Mark Hamstra

Supermarket News

WASHINGTON – President Obama on Saturday unveiled a plan to form a Food Safety Working Group to focus on reforming food safety laws and said he would seek $1 billion to add food safety inspectors and upgrade testing laboratories.

As expected, he also named Margaret A. Hamburg as the new commissioner of the Food and Drug Administration and Joshua Sharfstein as deputy commissioner. Obama used his Saturday morning radio address to make the announcements.

“There are certain things that only a government can do,” he said. “And one of those things is ensuring that the foods we eat, and the medicines we take, are safe and don’t cause us harm.”

Grocery Manufacturers Association here issued a statement in support of the moves: “The FDA is America’s food safety watch dog and the president’s appointment of these two prominent public health professionals is a clear signal that this administration has placed a priority on bolstering FDA’s food safety role. In addition, we support the president’s creation of a White House Food Safety Working Group to facilitate better coordination among federal agencies as well as to review and improve the nation’s food safety laws.”

Hamburg was an assistant director of health during the Clinton administration, and has had an extensive career in public health that also included serving as health commissioner of New York City. She made her mark seeking to combat the spread of infectious diseases. If confirmed, she would succeed Dr. Andrew C. von Eschenbach, who left the position in January with the arrival of the new administration.

Nine Years Later, a Broken System on Display in Texas

TYLER, TX – “”Yesterday, after nearly a decade of legal maneuverings and circumventions of federal law, Wal-Mart was finally forced to the bargaining table in Jacksonville, Texas. More than nine years ago, workers in the meat department in the Jacksonville Wal-Mart voted to be represented by United Food and Commercial Workers Local 540. What Wal-Mart proceeded to put these workers through was both unlawful and unconscionable.

“”In one of the company’s most audacious displays of hubris, Wal-Mart first ignored the workers, refusing to bargain with them or provide information to their union. Only after the National Labor Relations Board issued a complaint against Wal-Mart did the company try to move the goalposts by claiming that workers in the meat department had lost their right to representation because the skilled meatcutting jobs had been replaced by a prepackaged meat program. Eight years and several legal battles later, Wal-Mart ran out of excuses when the United States Court of Appeals forced the company to bargain with these workers.

“”National and international law protect the right of workers to join a union of their choosing. When the outcome of an election is uncertain for this long in other countries, we call it a coup. When it happens here, it’s just another day on the job for the millions of American workers for whom a voice on the job is being unjustly denied. The story in Jacksonville, while particularly alarming, is far from the only one of its kind.

“”A multi-billion dollar war chest and a team of corporate lobbyists shouldn’t be prerequisites to the free exercise of federally-protected workplace rights. Without legislation like the Employee Free Choice Act, workers will continue to fight drawn-out, expensive, and – all too often – losing battles against multi-national corporate empires that see them as a liability to be minimized.

“”If ever there was a case that demonstrated how utterly bankrupt the current system is, the Jacksonville Wal-Mart case is it. It was not enough that a group of people in one of the least worker-friendly states in America had the courage to take on the least worker-friendly company in the world. It was not enough that they had to take their case before the National Labor Relations Board and the United States Court of Appeals. Even after clearing every hurdle Wal-Mart could throw in their path, these workers are still faced with a company across the table that has little legal incentive to deal with them fairly.”"

The United Food and Commercial Workers International Union represents more than 1.3 million workers in North America, primarily in the retail food, meatpacking, and food processing industries.

Key Events in the Jacksonville, TX, Wal-Mart Case

TIME ELAPSED BETWEEN INITIAL FILING & FIRST DAY OF BARGAINING:

9 years, 2 months, and 12 days

December 28, 1999 – The workers who staff the meat department at the Wal-Mart store in Jacksonville, Texas, file an election petition with the National Labor Relations Board (NLRB).

February 16, 2000 – Over the objections of Wal-Mart, the NLRB holds an election. Seventy percent of the meat department workers vote for UFCW Local 540 as their bargaining representative.

August 9, 2000 – The NLRB certifies UFCW Local 540 as the representative of the meat department workers.

August 22, 2000 – The NLRB’s regional office issues a complaint alleging that Wal-Mart unlawfully refused to bargain with UFCW Local 540.

September 2000 – Wal-Mart first makes the claim that workers in the Jacksonville Wal-Mart meat department had lost their right to representation because skilled meatcutting jobs had been replaced by a prepackaged meat program.

June 2003 – An Administrative Law Judge with the NLRB found that Wal-Mart relieved itself of the obligation to bargain a contract with the workers due to the elimination of skilled meat cutting jobs, but that it had unlawfully refused to bargain with the workers over the effects of the prepackaged meat program.

September 2006 – The NLRB largely affirms the findings of the Administrative Law Judge.

March 14, 2008 – The United States Court of Appeals for the DC Circuit upholds the NLRB’s decision.

March 12, 2009 – The workers, representatives of UFCW and Wal-Mart sit down at the bargaining table for the first time.