The Wall Street Journal
By Bill Tomson

WASHINGTON—The Senate failed to vote as planned Thursday on passage of a bill to overhaul the nation’s food-safety system and grant new powers to the Food and Drug Administration, a delay that may threaten the legislation.

Sen. Tom Harkin (D., Iowa) blamed the delay on the insistence of Sen. Tom Coburn (R., Okla.) that the Senate consider an amendment to ban spending earmarks. Mr. Coburn demanded that senators publicly vote on the issue of earmarks, controversial legislation that lawmakers tuck into laws to pay for pet projects.

“This is not the time or the bill to debate on earmarks,” Mr. Harkin said. “I hope he’ll relent on this.”

The delay resulted in the clock running out on the 30-hour time period senators had to debate and vote on the food-safety bill. The Senate then voted Thursday evening to pass another 30-hour period in which to vote.

Mr. Coburn said he was adamant that “a transparent vote on earmarks” must take place before any other legislation is voted on by the Senate.

If the Senate does approve the food-safety bill, Mr. Harkin said, the House has promised to pass it without making any changes and send it to the White House to be signed into law.

Traditionally, the House and Senate convene a conference committee to iron out differences after both bodies pass a bill, but lawmakers say there is no time for that because the lame-duck Congress finishes by the end of the year.

House Energy and Commerce Committee Chairman Henry Waxman (D., Calif.) suggested that he would agree to such a scenario, saying he looked forward to “the Senate passing a strong food-safety bill so that we can send it on” to President Barack Obama.

The bill, which has wide-ranging support from grocery stores, food processors, farm groups and consumer groups, would give the FDA the power to mandate food recalls and set new safety standards for food produced in the U.S. and imported from abroad.

Mr. Coburn’s amendment wasn’t the only roadblock for senators trying to push through the food-safety bill.

Sen. Dianne Feinstein (D., Calif.) was the primary backer of a controversial amendment banning the chemical bisphenol A, or BPA, which has been linked to some cancers, in baby bottles and sippy cups. On Wednesday, she withdrew the amendment from consideration.

Earlier Thursday, Sen. Jon Tester (D., Mont.) agreed to compromise on an amendment he was sponsoring to exempt small farms and food processors from new FDA oversight. That exemption would now be withdrawn if the farm is involved in a food-borne-illness outbreak.

Before the Senate went into recess Thursday night, Senate Majority Leader Harry Reid (D., Nev.) said: “We’re trying to work out something on food safety.”

Write to Bill Tomson at [email protected]

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