FOR IMMEDIATE RELEASE
February 22, 2011
CONTACT:
Erica Chabot
Erica_Chabot@Judiciary-dem.senate.gov
WASHINGTON – Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) sent a letter Tuesday to Attorney General Eric Holder, requesting information on the Department’s investigation into the Peanut Corporation of America (PCA). In 2009, more than 2,000 products containing peanuts processed at PCA were recalled for possible salmonella contamination. A Food and Drug Administration report stated that PCA knowingly sold peanut products containing salmonella.
Tainted products processed by the Peanut Corporation of America caused more than 700 people to fall ill and resulted in the deaths of nine people. The president of PCA, Stewart Parnell, refused to testify before Congress about the contamination. A 7-year-old South Burlington, Vermont, boy fell ill from salmonella tainted products from PCA, and in 2009, his mother, Gabrielle Meunier testified before the Senate Agriculture Committee about her son’s illness. Leahy is a senior member of the Agriculture Committee.
“Two years ago, I wrote to the Department urging a full criminal investigation into this matter,” wrote Leahy. “At the time, the Department was unable to comment with specificity but confirmed that an investigation was ongoing and that it was uncertain whether additional legal authorities were needed…I hope that there has been a thorough criminal investigation into PCA’s conduct at the least, and that if appropriate, criminal charges are aggressively pursued. To the extent possible consistent with ongoing investigations, I request an update on the Department’s investigation into the PCA matter.”
Leahy is the author of the Food Safety Accountability Act, which would strengthen criminal penalties against those who knowingly violate food safety standards, imposing stricter prison sentences and fines for individuals or corporations that contaminate the nation’s food supply by knowingly distributing contaminated food products with a disregard for consumer safety. Recent recalls of tainted food products, including nationwide recalls of certain eggs and peanut products, led Leahy to first introduce legislation in July 2010. The Senate Judiciary Committee, which Leahy chairs, unanimously approved the legislation in September 2010, but the Senate failed to act on the bill. Leahy reintroduced the legislation in January.
The text of Leahy’s letter to Attorney General Holder follows. A PDF is available online.
# # # # #
February 22, 2011
The Honorable Eric H. Holder Jr.
Attorney General
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001
Dear Attorney General Holder:
I write regarding the Department of Justice investigation into the activities of the Peanut Corporation of America (“PCA”), and its president, Stewart Parnell, in connection with the 2009 salmonella outbreak that has been linked to the death of nine people and sickened more than 700 others. Last summer’s salmonella outbreak from contaminated eggs served as an unfortunate reminder that there continue to be corporations and individuals that place profitability above public safety. When crimes are committed, such wrongdoers must be held fully accountable for their actions.
The Food and Drug Administration has determined that PCA knowingly distributed potentially contaminated peanuts for use in hundreds of different food products even after samples tested positive for salmonella more than a dozen times in the two years before the outbreak. In addition to knowingly selling these tainted products, evidence suggests that PCA also shopped for a laboratory that would provide the acceptable results they were seeking after initial tests found their products to be contaminated. I believe that it is critical for the Department of Justice to determine whether these actions rise to the level of criminal conduct.
Two years ago, I wrote to the Department urging a full criminal investigation into this matter. I also followed up with a letter to you asking whether the Department needs any additional authorities to protect the American people from the distribution of contaminated food products, and another letter in response to the announcement that more than two million pounds of pistachios were recalled due to possible salmonella contamination. At the time, the Department was unable to comment with specificity but confirmed that an investigation was ongoing and that it was uncertain whether additional legal authorities were needed.
Given the PCA investigation, the pistachio recall, and last summer’s salmonella outbreak from eggs, my concerns remain that wrongdoers are disregarding the health and safety of American consumers by choosing to sell contaminated products. I hope that there has been a thorough criminal investigation into PCA’s conduct at the least, and that if appropriate, criminal charges are aggressively pursued. To the extent possible consistent with ongoing investigations, I request an update on the Department’s investigation into the PCA matter.
Last year, Congress took significant steps to reform our food safety system in a meaningful way, but our work is not done. I have introduced legislation to hold criminals who poison our food supply accountable for their crimes by increasing the sentences that prosecutors can seek for certain violations of our food safety laws. Given the seriousness of the recent nationwide recalls and salmonella outbreaks, I would also ask that you, as the Attorney General continue to review the existing legal structure for addressing the distribution of contaminated food products and then advise me if the Justice Department needs any additional tools to protect the American people.
Sincerely,
PATRICK LEAHY
Chairman
