835 



presently stands, many if not most small shellfish firms would have 

 to go out of business if the FDA regulations go into effect. 



A word of response is in order to the few who have sided with the 

 FDA in this dispute. The provisions of this bill do not repeal FDA's 

 statutory authority to protect consumers from impure food. FDA can 

 still seize lots of impure food, order a stop on their shipment and 

 protect consumers. "Wliat the bill does do is to stop any new FDA regu- 

 lations until responsible consideration of their impact on our environ- 

 ment and economy is completed; until representatives of both the 

 shellfish industry, and of public and private interests have a chance 

 to be consulted and add their opinions. 



In the proposed regulations, we see an unprecedented increase in the 

 authority of FDA to regidate a private industry. This includes the 

 licensing and inspection of vessels, by Federal agents, monitoring of 

 water quality and harvesting. Federal recording of processing, pack- 

 aging, marketing shipping, and even recreational catches of shellfish. 



The face of these regulations, as they are read, do not effectively 

 demonstrate the actual, harmful impact they will have on individual 

 watermen and procssors. In effect, FDA administrators can walk into 

 a plant and without a hearing or the allowance of other proper and 

 effective recourse to the businessmen concerned, close that plant down. 

 The FDA can ban shipments of shellfish on the basis of proposed regu- 

 lations which knowledgeable spokesmen for the Maryland Waterman's 

 Association and other groups call literally impossible to be complied 

 with. A written record would have to be kept of the life history of the 

 individual clam, the single oyster, from its point of origin on the bot- 

 tom of the water to its journey to the consumer's dinner table. From 

 cradle to grave. Federal regulations will tie up an oyster's existence in 

 paperwork and inspection procedures in a way which will destroy an 

 entire industry. 



In light of these facts, I am pleased that the Committee agreed to 

 my amendment which requires a study of the impact of the FDA regu- 

 lations before those regulations are put into effect, rather than after. 

 This study will be submitted to Congress by June 30, 1977, together 

 with such additional comments and recommendations as the Secretary 

 of Commerce deems appropriate. 



The harvesting and processing of shellfish provide important eco- 

 nomic benefits for individuals and communities along the coasts of 

 this Nation. The continued existence of these benefits directly depends 

 upon the harvesting of shellfish from inland and coastal waters which 

 the FDA regulations would place in jeopardy. Intimidating the indus- 

 try and challenging the continued production of a particular food 

 product are not proper functions of any Federal regulatory agency. 



I am pleased that the Committee has seen fit to adopt my amend- 

 ment. 



The Chairman. The Chair wishes to inform the gentleman from 

 Delaware (Mr. du Pont) that he has 9 minutes remaining, and the 

 gentlewoman f rom Mis-souri (Mrs. Sullivan) has 1 minute remaining. 



Mr. DU Pont. Mr. Chairman, I yield 2 minutes to the gentleman 

 from California (Mr. Wiggins). 



(Mr. Wiggins asked and was given permission to revise and extend 

 his remarks.) 



Mr. Wiggins. Mr. Chairman, I intend to vote against this bill. 



