[WASHINGTON, D.C.] – United States Senator Dick Durbin (D-IL) sent two letters today; one to the new Secretary of Agriculture and one to the head of the Food Safety Inspection Service (FSIS), asking for an immediate investigation into the safety of ground beef being used in the National School Lunch Program (NSLP). Durbin’s letters are in response to an investigative video report released by the Humane Society, depicting dozens of incidents of inhumane treatment of sick and weak animals at processing facility that is a leading supplier of ground beef to our nation’s schools.

“The treatment of animals in this video is appalling, but more than that, it raises significant concerns about the safety of the food being served to our nation’s children,” Durbin said. “The apparent slaughter of sick and weak animals not only appears to violate USDA regulations, but could be a danger to our nation's food supply. These “downed” animals are more easily contaminated and may carry diseases dangerous to consumers. USDA should investigate the claims and FSIS should immediately take steps to review the safety of the food being used in school lunch program.”

The report and accompanying video which were released by the Humane Society today, shows workers at the Hallmark Meat Packing Company, in Chino, California, repeatedly using electric prods on animals unable to stand or walk unassisted and the dragging of weak or sick animals. In addition, some cattle were seen being pushed around the plant with the blades of a fork lift. The use of these practices on sick animals known as "downers" raises questions about the health and welfare of the animals and the safety of meat products processed at this facility.

Hallmark Meat Packing Company is the second largest supplier of ground beef to the nation's school lunch program, operated by the US Department of Agriculture. The lunch program serves more than 30 million meals a day to schoolchildren across the country. Over a million children in Illinois receive school lunches through this program.

“To see the extreme cruelties shown in the video challenges comprehension,” said Wayne Pacelle, president and CEO of The Humane Society of the United States. “This must serve as a five-alarm call to action for Congress and the U.S. Department of Agriculture. Our government simply must act quickly both to guarantee the most basic level of humane treatment for farm animals and to protect America’s food supply.”

Durbin has been a leader on the issue of food and school lunch safety for more than a decade. In addition to working towards the creation of a single food safety agency, Durbin introduced the “Safe Schools Food Act,” in 2003, which was later included in the school lunch program's reauthorization. Durbin's legislation increased the frequency of inspections; helped schools purchase safe food; and gave parents access to inspection reports.

Copies of Senator Durbin’s letters can be found below. The Humane Society video can be viewed at http://www.humanesociety.org. WARNING: THE VIDEO IS GRAPHIC.

January 30, 2008

The Honorable Ed Schafer
Secretary
U.S. Department of Agriculture
1400 Independence Ave., SW
Washington, DC 20250

Dear Mr. Schafer:

I am writing in response to a recent investigation of the animal welfare and food safety practices of the Hallmark Meat Packing Company and the Westland Meat Company, two branches of a California meat processing facility that is a leading supplier of ground beef to the U.S. Department of Agriculture (USDA) National School Lunch Program (NSLP). This matter was brought to my attention by representatives of the Humane Society of the United States who claim to have filmed animal operations at Hallmark and Westland.

The footage I have seen shows what appear to be inhumane practices, including the repeated use of electric prods on animals unable to stand or walk unassisted and the binding the and dragging of weak animals. The use of these practices on weak animals raises questions about the health and welfare of the animals and the safety of meat products made at this facility. In addition, some of the animals in the video footage appear to be non-ambulatory cattle, or those unable to rise from a recumbent position. Under a December 30, 2003, USDA FSIS rule, animals meeting this definition should not be allowed to be slaughtered for human food.

It is troubling to hear that this California facility is the second largest supplier of ground beef to the School Lunch Program. More than 30 million meals per day are served to our nation’s schoolchildren through this program. Because children are more susceptible to food borne illness than other segments of the population, it is vitally important that USDA take every step necessary to ensure the safety and nutritional quality of food procured for the program.

Fully understanding that USDA clearly has enforcement authority of the relevant statutes, I believe it is my responsibility to alert you to this matter. In this case, I believe it would be appropriate for USDA personnel to review the video footage from this investigation and take further action if it is determined that there were violations of the law. Apart from this request, I understand that the matter will be decided on its merits by the appropriate personnel.

Thank you for your attention to this matter. If you have any questions, please contact my staff.

Sincerely,
Richard J. Durbin
United States Senator

January 30, 2008

Dr. Richard Raymond
Under Secretary
Food Safety Inspection Service
U.S. Department of Agriculture
1400 Independence Ave., SW
Washington, DC 20250

Dear Dr. Raymond:

I am writing in response to a recent investigation of the animal welfare and food safety practices of the Hallmark Meat Packing Company and the Westland Meat Company, two branches of a California meat processing facility that is a leading supplier of ground beef to the U.S. Department of Agriculture (USDA) National School Lunch Program (NSLP). This matter was brought to my attention by representatives of the Humane Society of the United States who claim to have filmed animal operations at Hallmark and Westland.

The footage I have seen shows what appear to be inhumane practices, including the repeated use of electric prods on animals unable to stand or walk unassisted and the binding the and dragging of weak animals. The use of these practices on weak animals raises questions about the health and welfare of the animals and the safety of meat products made at this facility. In addition, some of the animals in the video footage appear to be non-ambulatory cattle, or those unable to rise from a recumbent position. Under a December 30, 2003, USDA FSIS rule, animals meeting this definition should not be allowed to be slaughtered for human food.

It is troubling to hear that this California facility is the second largest supplier of ground beef to the School Lunch Program. More than 30 million meals per day are served to our nation’s schoolchildren through this program. Because children are more susceptible to food borne illness than other segments of the population, it is vitally important that USDA take every step necessary to ensure the safety and nutritional quality of food procured for the program.

The Government Accountability Office (GAO) has published several reports that conclude that food from the School Lunch Program does not cause many instances of food borne illness, but that additional steps can be taken to improve the program. I appreciate that the USDA Food Safety and Inspection Service (FSIS) and Agriculture Marketing Service (AMS) require the School Lunch Program to meet standards that exceed minimum quality control measures, including twice-annual school cafeteria inspection, extensive testing of diced chicken and ground beef, a zero tolerance standard for Salmonella and E. coli., and rigorous temperature controls through the supply chain. However, there are additional steps that USDA could pursue within existing authority to improve the safety of these meals.

For example, schools are currently required to make their latest inspection report available to the public, but they are not required to post this information online or disclose whether they have a food service professional trained and certified by an accredited organization on food safety practices on staff. This simple action would provide parents with more information about the quality of food safety practices in their schools and provide schools with an additional incentive to ensure that their food service staff is trained in food safety practices.

In addition, it would be beneficial for USDA FSIS and AMS to make additional food safety information available to local school districts. Local school districts purchase 83 percent of all food served in the School Lunch Program and are responsible for the safe storage and handling of nearly all of the program’s meals. The rigorous purchasing protocols of AMS for the program should be made available to local school districts in an easily digestible format so that they can make better informed purchasing decisions. In addition, local school districts should have access to USDA’s track and hold database of problematic foods purchased for the School Lunch Program, so that they can avoid suppliers with a history of food safety problems. Similarly, local school districts should be encouraged to share data about problematic suppliers with USDA, and USDA should compile and share this data to inform future purchasing decisions.

Lastly, USDA should conduct a benefit-cost analysis on four potential changes to the School Lunch Program that might improve food safety – a) using only pre-cooked or irradiated meats; b) requiring key food service staff to be trained and certified in food safety practices; c) enforcing local school districts’ risk-based safety plans; and d) requiring USDA AMS procurement standards for locally purchased food. Most of these changes have been recommended by previous GAO reports.

Thank you for your attention to this matter. If you have any questions, please contact my staff.

Sincerely,
Richard J. Durbin
United States Senator