July 24, 2008
Honorable Michael Leavitt
Secretary, U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
Honorable Andrew C. von Eschenbach, M.D.
Commissioner, Food and Drug Administration
Parklawn Building, Mail Code: HF-1
5600 Fishers Lane
Rockville, Maryland 20856
Honorable David Acheson, M.D.
Associate Commissioner for Foods, Food and Drug Administration
Parklawn Building, Mail Code: HF-1
5600 Fishers Lane
Rockville, Maryland 20856
Dear Secretary Leavitt, Dr. von Eschenbach, and Dr. Acheson:
Many National Association of State Departments of Agriculture (NASDA) members have expressed strenuous objections to FDA's recent blanket prohibitions on the sale and consumption of fresh jalapenos. In addition to the millions of dollars worth of fresh produce that is already in the marketplace, farmers all across the United States still have produce in their fields which has not been implicated in the current Salmonella outbreak. For example, New Jersey’ jalapeno season starts around July 10th and lasts through the first frost. In Texas, harvest on the High Plains is July-November and in Trans-Peco the harvest starts in September. In North Carolina the harvest started in early July and will continue through September.
Many of our pepper farmers across the country voluntarily participate in food safety programs including Good Agricultural Practices [GAP] and Best Management Practices [BMP] as well as compliance verification. Farmers utilizing these recognized programs should not be unfairly implicated under the current advisory.
The broad approach taken by FDA has already resulted in market losses for producers even those in states which have not yet begun their harvest season and for varieties not implicated in the ongoing investigation. The losses experienced by tomato growers and distributors has been enormous—resulting in an estimated $100 million loss to industry just in the state of Florida. Chile production is a $500 million specialty crop and value-added industry in New Mexico alone which produces more than 60 percent in the U.S. market. While the need for protecting public health cannot be overstated, it is also critical to preserve the economic viability of our food and agriculture industry.
A coalition of Commissioners, Directors, and Secretaries of State Departments of Agriculture respectfully requests that FDA consider establishing immediate, interim requirements that allow fresh jalapenos to freely move in commerce.
The following minimum labeling steps are being proposed for this interim requirement: (1) name of the product; (2) packer or grower name; (3) country and state of origin (region or city optional); and (4) harvest or pack date (lot number optional). Farmers and packers who comply with this voluntary labeling requirement should be exempt from the advisory previously published by FDA which asked consumers to avoid eating raw jalapeno peppers or foods made from raw jalapeno peppers.
In addition, we ask that FDA allow states to provide harvest data information prior to the agency announcing a health advisory regarding a fresh commodity. This would allow more accurate advice in the initial announcement and reduce unnecessary public confusion. We remain concerned that blanket announcements on commodities are disrupting markets in ways that are inconsistent with the source of harm and, therefore, the gravity of harm. For example, we have heard concerns that many customers have confused FDA’s advisory specific to jalapenos to cover all non-Bell peppers; and it would have been useful to have indicated the peppers which are not included.
Across the country the jalapeno pepper market is a significant contributor to agribusiness economy during these few months of the year. We respectfully request your immediate attention and follow-up.
Sincerely,
Roger Johnson
Commissioner, North Dakota Department of Agriculture
NASDA President
Ron Sparks
Commissioner, Alabama Department of Agriculture & Industries
Chairman, NASDA Food Regulation & Nutrition Committee
Steve Troxler
Commissioner, North Carolina Department of Agriculture & Consumer Services
Vice Chairman, NASDA Food Regulation & Nutrition Committee