Landrieu, Vitter taking aim at FDA's raw oyster proposal

WASHINGTON -- Three Gulf Coast senators introduced legislation Thursday that would bar the Food and Drug Administration from using federal money to enforce a ban on the sale of raw, untreated oysters during warm-weather months.

The bill was offered by Sens. Bill Nelson, D-Fla., Mary Landrieu, D-La., and David Vitter, R-La. An identical measure was introduced in the House on Wednesday by Rep. Allen Boyd, D-Fla.

"This is a serious overreach by the FDA and it must be stopped," Landrieu said.

"Banning raw oysters is an irresponsible solution to a problem that could be solved through increased education and awareness," Vitter said.

The FDA proposes that raw oysters be sterilized during the summer to protect against bacteria that can be harmful if consumed.

Such a ban would most affect the Gulf Coast, where raw oysters are popular with locals and visitors and an important part of the economy.

Paul Rotner, director of operations for Acme Oyster House restaurants, said talk of an oyster ban for several months out the year has customers talking, especially locals.

"Everybody is scared they won't be able to get their oysters," he said.

Rotner said Acme restaurants go through about 4.6 million oysters annually for serving raw and chargrilling. One-third of that total, he said, are sold during the months of April to October, the months that the FDA proposal would ban the sale of raw oysters that have not undergone post-harvest processing.

Michael Taylor, senior adviser to the Food and Drug Administration commissioner, has defended the planned regulation. In a speech last month in New Hampshire, Taylor said education campaigns warning people with poor immunity systems against consuming raw oysters in warm weather haven't worked.

"Seldom is the evidence on a food-safety problem and solution so unambiguous," Taylor said.

About 15 people die every year from raw oysters infected with Vibrio vulnificus, typically found in warm coastal waters between April and October. But oyster producers contend that the health risk is small compared with other food items ranging from peanut butter to beef and that the FDA rule would cause them serious financial losses.

New Orleans chefs say that treated oysters aren't as tasty and don't have as pleasing a texture. Nelson, the Florida senator, said the FDA's action is "like trying to kill a gnat with a sledgehammer."

"Well, there's some of us in the Senate that are going to try to not let this happen," Nelson said. "We're going to stand up for the people, businesses and communities whose livelihoods depend on the oyster industry."

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Bruce Alpert can be reached at balpert@timespicayune.com or 202.383.7861.