Food Safety Bill Lives

A major food safety bill that had almost been given up for dead was suddenly revived in the Senate late on Sunday evening, and may be ready for House approval as early as Tuesday.

In a parliamentary move laid out on the Senate floor by Senate Majority Leader Harry Reid just after 7pm, the Senate took the food safety language that was passed as part of a stop-gap budget plan by the House, attached it to another House-passed bill and approved that by unanimous consent.

A Democratic Senate aide told me that Republicans did not object to the plan, even though the bill has garnered fierce opposition in some GOP quarters.

The move was a surprise, as it seemed like the Food Safety bill was going to die in the waning days of this year, despite strong support in both the House and Senate.

The bill almost went down the drain originally because of an elementary mistake by Senate Democrats, who added revenue provisions to a measure that originated in the Senate, despite the Constitutional requirement that all spending and revenue bills start in the House.

The House refused to act directly on that legislation, because of what’s known as a “blue slip” problem.

That problem was solved when the House approved its long-term Continuing Resolution last week, which included the language of the Senate-passed food safety bill.

As reported above, the Senate on Sunday night simply took the revised food safety language that was approved by the House in the CR, substitued it to the language of HR 2751, one of the original “Cash for Clunkers” bills from last year, and approved it by unanimous consent.

That move will fix any Constitutional issues, because the plan originated in the House as part of the CR, and by using a bill that was already approved by the House, the Cash for Clunkers bill.

Before you start screaming about that – the food safety language replaces the Cash for Clunkers language in the amended version of HR 2751.

I was told that the food safety bill should be up for a vote as soon as Tuesday in the House.

11 comments Add your comment

desmoinesdem

December 19th, 2010
10:03 pm

Great reporting on this–do you have any idea how they got Tom Coburn to go along with unanimous consent? He was the food safety bill’s major opponent in the Senate?

Jamie Dupree

December 19th, 2010
10:17 pm

I have asked Coburn’s people for reaction, but haven’t heard anything back from them. He would have been the logical person to object to this move on Sunday evening. It was obviously done with the concurrence of the Senate GOP Leadership. Whether they told Coburn, I guess we’ll find out.

Buck Hayek

December 19th, 2010
11:02 pm

This included the Tester-Hagan language (exempting sales of food grown within 275 miles of the end market) doesn’t it?

Oh – and tell Boortz to quit lying about 401K seizures.

Glen Bradley

December 20th, 2010
12:01 am

Constitutionally, all intrastate agricultural trade should be exempt, not some arbitrary 250 ft, I mean 250 mile ‘circle of trade.’ How tight will the draw the fence next time?

The correct line is interstate and intrastate, anything less is the federalization of our local food chains.

[...] I cannot find Congress.org or Gov.Track proof of this and I was not watching Cspan today…but here is the word from blog world.  Found Washington Insider source here. [...]

[...] From Food Safety Bill Lives: [...]

[...] the stalled food safety bill was suddenly revived in the Senate late on Sunday evening. “In a parliamentary move laid out on the Senate floor by Senate Majority [...]

[...] Jamie DuPree has more on this story. Tags: Food Safety Bill [...]

Peet!

December 20th, 2010
10:42 am

All this manuvering seems very shady. I doubt this is consistent with the Constitutional intent, but they probably expected honesty to some degree from governmental ‘leaders.’ Things should be voted on with transparency and only one item at a time, not thousands of items per bill. Our government shows less integrity every day.

ponomo

December 20th, 2010
1:53 pm

The food safety bill is joined at the hip with CODEX (world/europe) Senate 510

Counterfeiting and control of the masses is alive and well.

[...] In a twisted case of legislative resuscitation, Senate Republicans have somehow managed to help breathe new life into the monstrosity that is the so-called Food Safety Bill, which late Sunday night was approved by unanimous consent in chamber with a voice vote. The food safety bill, recall, was left for dead earlier this month after Majority Leader Harry Reid, in his haste to ram it through, ran afoul of a little thing called the Constitution. Now it’s back from the living dead. This from the AJC’s Jamie Dupree: [...]