U.S. House of Representatives

Committee on Energy and Commerce

Subcommittee on Oversight and Investigations

 

Opening Statement of Paul K. Henderson

 

My name is Paul Henderson, and I am the President and Chief Executive Officer of Menu Foods.  The Subcommittee invited me today to discuss issues of food security and in particular the recent terrible situation involving pet food manufactured with contaminated Chinese wheat gluten supplied by ChemNutra Inc. to several pet food manufacturers, including Menu Foods. 

 

Let me begin by noting that I am a pet owner, and many of our employees are pet owners. My dog eats food manufactured by Menu Foods. I understand, and our employees understand, the loss felt by pet owners as a result of pet food made with contaminated ingredients. We deeply sympathize with these pet owners. 

 

Menu Background – Quality Producer

 

Who is Menu Foods?  Menu Foods has three manufacturing plants in the United States.  We employ more than 800 workers here, and the majority of our assets and sales are in this country.

 

Menu is recognized in the pet food industry as a quality manufacturer.  This might seem a little odd in light of the recent product recall, but as I sit here today, I can not think of a more accurate description of my company.

 

How can I say that?  Well for starters, just look at our customers.  Particularly the national brands for which we manufacture.  They are the market leaders and quality pet food is what they are all about.  Each had a choice as to who would manufacture for them, and each turned to Menu.

 

In reality, it wasn’t that easy.  For many, we first had to demonstrate an ability to manufacture at a level of quality at least as good as their own.  These branded pet food companies sent their inspectors into our plants and satisfied themselves as to our abilities and our quality.  Sometimes they identified a procedure that was standard within their plants, and they required us to adopt the same procedure in order to secure their business.  By doing so, they contributed to our own improvement efforts, with the result that today we are one of the highest quality operations in the United States.

 

But we don’t stop there. All of our facilities are routinely audited by outside experts.  Many of our branded customers conduct annual audits of the Menu plants that manufacture for them.  In addition, we are inspected by:

·                   The USDA’s Animal and Plant Health Inspection Service. 

·                   the Canadian Food Inspection Agency. 

·                   the European Food Safety Inspection Service. 

·                   the American Institute of Baking

·                   And Menu’s Pennsauken plant was inspected by the FDA during 2006.

 

In over 35 years of business, Menu had never had a food safety-related product recall until the recent tragic events involving the contaminated wheat gluten.

 

What Happened

 

A lot of speculation has taken place concerning Menu Foods’ activities leading up to the recall.  Much of that speculation has been inaccurate.  We are pleased to correct that record.

 

A detailed time line is provided in my written remarks, so I will not repeat that here.  Instead, let me summarize the situation by describing what it is and what it is not.

 

First, what it is not.  It is not a situation caused by unclean facilities, poor manufacturing processes or similar problems.  Our facilities are first-rate, our sanitation and manufacturing processes are state of the art.  This is not a situation where lax inspection of Menu allowed a problem to occur.  We have rigorous internal and external inspections.  Inspections of our plants would not have prevented the melamine contamination of the wheat gluten.

 

This is also not a case of reacting improperly to the situation facing us.  We took appropriate actions based on the information available at the time. 

 

Let me put this situation in context.  In 2006, Menu sold approximately 3.2 million containers of pet food per day.  In contrast to this number, at the time we decided to initiate the recall, we had a handful of reports from consumers, three consumer reports passed along by a customer, and reports from a taste testing facility.  None of these conclusively pointed to our food as the cause of the problems.  At the same time, Menu had conducted tests for all industry-recognized causes of renal failure, and these tests had revealed no problems.  In fact, it took the FDA, prestigious research organizations and several commercial laboratories several weeks of hard work to identify melamine in ChemNutra wheat gluten as the source of the problem.

 

However, in the face of the circumstantial evidence, we put the interests of pets and pet owners first, and notified the FDA and began a voluntary, precautionary recall.  We also have cooperated in every way we could with the FDA’s investigation and the efforts to identify the source of the problem.

 

Now, let’s consider what this is, or at least what it appears to us to be.

 

What this appears to be is a case of deliberate contamination of wheat gluten in order to pass off substandard product.  Melamine was previously unreported as a contaminant in wheat gluten.  Melamine is high in nitrogen, which is significant because the industry-standard test for protein content in wheat gluten is based on the quantity of nitrogen.  Melamine would make the wheat gluten appear to have a higher protein content than was actually the case.  For a seller who knows how industry testing methods work, this would allow them to cheat the buyers.  And, if it were not for the previously unknown toxicity of melamine in cats and dogs, the scam would have worked.  It appears likely that the public, Menu and other pet food manufacturers were the victims of a fraud.

 

Actions for the future

 

Menu has taken several steps to address the situation, including testing wheat gluten and other vegetable proteins for melamine, increasing our screening of new suppliers, and discontinuing all business with ChemNutra.  We are also working with the Congress, the FDA, the Pet Food Institute and other interested parties in their investigations and in formulating additional measures to prevent similar occurrences in the future.