Federal law does not require reporting of contaminants if companies receive private test results showing the companies or states find them in their inspections, said Dr. Stephen Sundlof, food safety director for the Food and Drug Administration.
"That's one of the very serious loopholes we need to plug," said Senator Saxby Chambliss, a Georgia Republican and ranking minority member on the panel.
Sundlof defended the FDA's handling of the current outbreak, but also noted gaps in the country's food-safety system that hamper the agency's efforts. The FDA learned only weeks ago that Peanut Corp. of America had received a series of private tests dating back to 2007 showing salmonella in its products from the Georgia plant, but later shipped the items after obtaining negative test results.
Leahy said food manufacturers should face possible jail time and other tough penalties to beef up compliance with federal food safety rules. "Fines won't do it," he said.
Sundlof pointed out that a federal criminal investigation of the outbreak is under way.
Also yesterday, the Department of Agriculture suspended Peanut Corp. from participating in government contract programs for at least a year. Secretary Tom Vilsack also removed company president Stewart Parnell from USDA's Peanut Standards Board.
