108 



For all of these reasons, and because HB1412 singles out only shellfish for 

 additional regulations and expanded FDA authority, the majority of the shellfish 

 industry is opposed to HB 1412. 



We have always supported a single HACCP-based inspection system for all seafoods, 

 but cannot support additional regulations that solely target the over-regulated 

 shellfish industry. 



HB 1412 also gives authority to FDA to indiscriminately remove a single company 

 from the Interstate Certified Shellfish Shipper's List. This type of legislation 

 gives whistleblower power to competitors. FDA could target and close single 

 companies that could not afford to defend themselves in court, even if an 

 error had occurred. FDA already has the power to close a company for product 

 adulteration or unsanitary conditions. However, once a company is removed 

 from the Certified Shipper's List, it could take months to get through the 

 red tape required to be reinstated. Most companies could not survive this 

 financially. My own company tos inadvertso.tly excluded from this "List" several 

 years ago through a simple clerical error. We were unable to proceed with 

 business for more than 2 months. We had no recourse for retribution. 



I would like to make these final conments concerning business in general. 

 Any business, particularly a highly perishable seafood business, cannot survive 

 even temporary closures. Also, no company forced to sign a "Consent Decree" 

 by FDA has been able to remain in business for even one year. Many members 

 of our industry have already lost their heritage, their livelihood, and the 

 future of their families and their employee's families over minor discrepancies 

 that do not represent actual public health hazards. A prime example is the 

 policy of "0" tolerance for Li steria monocytogenes , a microorganism coimionly 

 found in the environment, and which has never been documented as causing a 

 single seafood associated illness from domestic seafood. 



