House Approves Prohibition on Closing FDA Labs; Kelley Promises Continued Fight

Press Release August 3, 2007

Washington D.C.—The hard work of a campaign led by the National Treasury Employees Union (NTEU) resulted in a major victory for American consumers late yesterday when the House of Representatives approved language that would prevent the Food and Drug Administration (FDA) from closing any of its laboratories across the country.

“This is the most definitive statement yet that the FDA plan is unwise, creates unnecessary danger for our nation and must be abandoned,” said NTEU President Colleen M. Kelley. NTEU represents some 5,200 FDA employees and has been leading the months-long fight against an FDA proposal to close seven of its 13 labs nationwide.

The House language is contained in the fiscal 2008 Agriculture Appropriations bill, which funds FDA; the statutory language offered by Rep. Bart Stupak (D-Mich.) would bar the use of funds for closing or consolidating FDA field laboratories, district offices or district office inspection or compliance functions.

Only two days ago, in the face of mounting criticism—particularly from senior members of Congress—the FDA called a temporary halt to its planned reorganization of its Office of Regulatory Affairs, which includes the laboratories. At that time, President Kelley called on the agency to scrap the plan.

She welcomed the House action, but cautioned that the measure is not yet law, and noted that the Senate version of this bill contains language that is not as strong as that in the House. “We continue to seek and need the support of all, in Congress and in local communities, who see the serious risks in this plan,” she said.

NTEU has powerful legislative allies who have been vocal in their efforts to kill the lab-closing plan, including Rep. John Dingell (D-Mich.), chairman of the House Energy and Commerce Committee; Rep. Stupak, chairman of its Oversight and Investigations Subcommittee; Rep. David Obey (D-Wis.), chairman of the House Appropriations Committee; Rep. Rosa DeLauro (D-Conn.), chair of the House Appropriations subcommittee dealing with FDA matters; and Rep. James McGovern (D-Mass.), a member of the House Rules Committee.

FDA employees have been firm in their opposition to any lab consolidation, expressing their concerns publicly about the potential adverse impact on safety and health. The FDA has critical responsibilities assuring the safety of the nation’s food supply, as well as the safety and efficacy of drugs, cosmetics and medical devices.

They have been joined in their opposition by local political leaders, community groups, port officials and others in and near cities where labs are located. NTEU and others opposed to this misguided FDA plan have argued strongly that the agency is offering the proposal at the worst possible time, given the rising incidence of food-borne illnesses in the U.S.

What’s more, President Kelley has argued the FDA has failed—as it did more than a decade ago when it sought to implement a similar plan—to provide any supportable evidence that larger, centralized labs are more efficient and effective than smaller, more agile facilities located closer to points of import.

The agency has proposed closing its labs in Denver, Detroit, Kansas City, Philadelphia, San Francisco, Winchester, Mass., and San Juan, Puerto Rico, as well as district offices elsewhere.

NTEU is the largest independent federal union, representing some 150,000 employees in 31 agencies and departments.

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