S. 555 - The Mercury-Safe Seafood Act of 2001
Statement of Senator Patrick Leahy at the Introduction of the
"Mercury-Safe Seafood Act of 2001"
March 15, 2001
Mr. President, last month the Food and Drug Administration issued new consumer
guidance, warning pregnant women, women of childbearing age, nursing mothers,
and young children not to eat shark, swordfish, king mackerel, and tilefish in
order to avoid exposure to methylmercury. I commend the FDA for issuing this
guidance, which is important information for the most vulnerable members of
our population. Unfortunately, despite acknowledging the problem of mercury
contamination in large fish, the FDA still has not revised its so-called
"action level," which is important data for consumers and local governments,
nor do they enforce this level. There is a lot more to be done to protect the
public, and after so many years of delays, we should not wait any longer.
That is why Senator Harkin and I are introducing important legislation today
to promote food safety and protect thousands of Americans, especially pregnant
women and young children, from the serious risks of methylmercury. The
"Mercury-Safe Seafood Act of 2001" requires the Food and Drug Administration
to establish a formal tolerance for safe methylmercury levels in seafood. It
mandates seafood testing to ensure compliance, along with public education and
health advisories to inform the public.
Mercury is a dangerous poison that is still not fully regulated in the United
States. According to the Environmental Protection Agency, coal-fired power
plants, waste incinerators, and other sources spew 150 tons of mercury into
the atmosphere each year. Although new and expected EPA rules address much of
this pollution, full compliance and large emission reductions are still years
away. Much of this mercury returns to earth with rain to pollute our
waterways. It accumulates in fish as methylmercury, especially in large
predatory species, and is passed on to the humans who eat these fish.
Methylmercury is a powerful neurotoxin that affects the human central nervous
system. It is especially harmful to pregnant women, infants, and young
children, where even small doses can cause permanent damage to their
developing brains and nervous systems.
Last year's comprehensive report by the National Academy of Sciences -
"Toxicological Effects of Methylmercury" - estimates that 60,000 newborns each
year may be at risk from prenatal mercury exposure. Two weeks ago, the
Centers for Disease Control released preliminary results from an ongoing study
showing that 10% of American women may have potentially hazardous levels of
mercury. This means that a lot more newborns may be at risk. This is a
public health problem we cannot ignore.
Certain commercial seafood species - large predators such as swordfish, shark,
mackerel, and tuna - can have dangerously high levels of methylmercury
contamination. Food and Drug Administration data throughout the 1990's showed
numerous fish samples with high mercury levels, exceeding FDA's own action
level and presenting a direct hazard to consumers. FDA stopped testing for
mercury in 1998, which means they have no way to enforce their action level.
Yet recent testing by independent organizations still shows high mercury
levels in some fish species.
FDA's action level of 1.0 part per million was established in 1979 using
information from the 1970's, without regard for the greater vulnerability of
pregnant women, infants, and children. More recent studies have highlighted
the damaging effects of mercury, especially for these populations. In 1997,
EPA's "Mercury Study Report to Congress" recommended a level five times more
strict than FDA's action level, and this was confirmed by last year's National
Academy of Sciences report. FDA's current action level, even if there were
sampling and enforcement, is not stringent enough to protect the most
vulnerable American consumers from mercury.
Last month the General Accounting Office released a report on seafood safety,
at the request of Senator Harkin and Senator Lugar. That report confirms that
FDA has not acted vigorously enough to address the issue of mercury in seafood.
This bill seeks to remedy these problems. It amends the Federal Food, Drug,
and Cosmetic Act to require a tolerance level for methylmercury in seafood,
with special attention to pregnant women, infants, and children. This will
replace FDA's outdated and unenforced action level with a formal tolerance
that must be enforced. It mandates ongoing sampling of mercury levels to
ensure compliance. This will restart the testing which FDA stopped three
years ago. It mandates public education and health advisories to ensure the
public is aware of the new standards and of the risks of mercury contamination
in seafood. It requires consideration of last year's National Academy of
Sciences report, which clearly shows the need for prompt, strong action.
Finally, it authorizes modest appropriations to support not only FDA's
sampling and public education but also the efforts of our states to protect
our citizens from methylmercury in freshwater fish.
Mr. President, I enjoy fishing and I love eating fish. This legislation is
not meant to harm the fishing industry - it is meant to help bring the safest
fish to market for the American consumer. Most importantly, this bill will
protect pregnant women and young children who may now unknowingly be exposed
to high levels of mercury. No one can dispute the science that tells us
mercury is toxic and unsafe at certain levels in fish. We need to bring those
levels down. But, until we do, we also need to keep the food supply safe for
all Americans - especially those most at risk.
We have a responsibility to protect the American public, especially our
children. Until such time as mercury emissions are drastically reduced and
seafood is no longer contaminated, we must take this action to protect
Americans from this dangerous pollutant.
Mr. President, the American Public Health Association has endorsed this bill,
and I ask unanimous consent that the text of the bill and this statement be
printed in the Record.
Summary of the
"Mercury-Safe Seafood Act of 2001"
What will the Mercury-Safe Seafood Act of 2001 do?
The Mercury-Safe Seafood Act of 2001 amends the Federal Food, Drug, and
Cosmetic Act to require the Secretary of Health and Human Services to
establish a tolerance for the presence of methylmercury in seafood, to
implement a sampling system to ensure compliance with the tolerance, and to
establish a public education and advisory system regarding the presence of
methylmercury in seafood.
Section 1. Title
Section 2. Findings
Section 3. Tolerance for Methylmercury in Seafood
This section amends the Federal Food, Drug, and Cosmetic Act. It requires the
Secretary of Health and Human Services to establish a tolerance for the
presence of methylmercury in seafood. It requires special consideration for
pregnant women, infants, and children. It establishes a seafood sampling
program to monitor compliance with the tolerance. It establishes a public
education and advisory system to spread information related to the presence of
methylmercury in seafood.
Section 4. Consideration of Report of National Academy of Sciences
The National Academy of Sciences' report in 2000 is the most definitive
statement to date regarding the hazards of methylmercury in fish. This
section requires the Secretary to consider this report in setting the
tolerance.
Section 5. Authorization of Appropriations
The mandates of Section 3 will require funding. This section authorizes
modest appropriations for sampling, public education and advisories, and
support of state efforts.
Section 6. Report
This section requires a report within 180 days on the Secretary's progress
toward establishing the tolerance.
