split the series in the game tomorrow at 12:35. and he's gone. breaking ball on the inside corner. olivo, he didn't think so, either. two down. >> buck: this is a breaking ball, first strikeout was a fastball. this one is a breaking ball. and got plenty of the plate. . >> gary: jim johnson four strikeouts, six hitters he he's faced, given up one hit. izturis, he's going to go to first, and this one is in the book for the o's! a 7-3 win as the orioles come back with big runs

late in the game, 7-3 the final. ♪ ♪ more bars in more places. at&t. the best coverage worldwide. for back to school, get the pantech matrix for $29.99 after mail-in rebate.

  . >> gary: final for tonight. hope you'll join us for the finale tomorrow afternoon. our coverage on masn hd begins at noon with o's extra presented by at & t and then our ball game at 12:30. i'm gary thorne, thanks for joining us tonight here at camden yards. this has been a masn presentation. albers gets the win, 2-4, tejeda the loser, 1-1. johnson gets his second save after the rain delay, o's take advantage. o's xtra right now with jim and rick.    . and the orioles heading off the field celebrating a win for the first time since the

all-star break. they get game in the series and as gary thorne mentioned, it sets up a possibility to get a split in this series. o's xtra presented by verizon vios, we have moved undoors to the masn booth. there's some inclement weather headed this way and we don't want to be in that path. what an uplifting win for the orioles because after having the lead and then losing the lead the orioles able to come. >> the first couple of games you don't expect the bullpen will come in and shut you down for 9 straight innings but tonight the oriole bats came alive light lathe in the ball game and better late than never. aubrey huff so nice to see him get a hick. markakis came through for the ball game, stretched it out for them. >> get a look at highlights as adam jones continues his assault

in the first inning for a third consecutive game he hits it out, a two-run shot, and the orioles grab a 2-0 lead. >> and aubrey huff, gets a shot right here. 17th home run of the season, another great job, i mean he has been putting a charge on the ball. a home run, and he's starting to feel his oats now. >> to the 4th inning, 2-2 game, and jacob against tillman. >> welcome to the big leagues, you hang a curveball and you pay for it at this level. look at that swing. jacobs with a home run to help out. >> and then we go to the bottom of the 7th and adam jones again with two men on, he nearly hits it out but it is an rbi double and ties the game at 3. >> two men on, nobody out, hit

the ball the opposite way, great job off the score board. >> markakis, next batter, two in scoring position, and that drives in the two game winning runs. >> markakis gets a hit, you know he's going to get three. big hit for the orioles. two runs come in to score and the orioles take a big lead. >> and markakis a big night as he stops at first with that two-run single and the orioles win it 7-3. so the orioles with another big night at the plate as they come back with three in the seventh and two in the eighth. adam jones the home run in the first, the three rbi game, and albers outstanding in relief. he goes two and a third in scoreless, albers picks up the win, tejeda takes the loss, and jim johnson works the final two innings and those two runs in the bottom of the 8th that

enabled the orioles to safe sherrill tomorrow with a day game after a night game. this game was the major league debut of tillman and this was tiely anticipated. we've been talking about it for a week. he didn't do that poorly. i think what we saw is a young pitcher coming up from the minors and maybe now he'll understand the major league hitters they take the close pitch for a ball and don't miss usually. >> not a good or a bad outing. five hits on the night, three of them were home runs, good shots. have you to learn right off the bat how air gog pitch at camden yards. got to learn to get the pitch down, a lot of crazy things happen here. callaspo hits one up on the

stream. olivo gets a hold of one to left field, that ties the ball game at 2. jacobs, catching that hanging curveball and up on the flag court, too. you know, on the night, he made some pretty good pitches, and i think i like what i saw about him. i didn't expect that the orioles were going to have five rookies come up here and start five games and win all five of them. tonight it wasn't that great effort, wasn't that bad. still liked what i saw. >> tillman goes four and two thirds, charged with three earned runs, all three runs came on solo home runs, he did not get a ground ball out until the fifth inning so we're learning, at least tonight we learned, that tillman is a block ball pitcher. couple of strikeouts and 93 pitches. and lifted after 4 and 2/3

innings. i wonder how much the rain delay affected him. at soon as the anthem was sung, he headed back to the bench, official delay was 41 minutes. mouch may that have affected him. >> buck: he may have been od'd by then. i don't think it had much of an effect. he's pitched in his major league debut. he's excited about pitching this game. rain delay should not have had that much of an effect on him. he made good pitches. started off really well. he learned, you know, even if you make fa good pitch up here sometimes you still get burned. >> the orioles win it by the final of 7-3 and another big game for adam jones, three more rbis. and a home run in a third consecutive game. they had downstairs. amber is with the orioles center

fielder. >> reporter: adam jones what game for you. for the team though, first of all, to be able to break this losing streak that you guys had, sealed like the hits were coming but not coming at the right time. did you feel like if you plugged away you could get a break. >> we got hits but none of them were in the big situations. i'm glad i was able to come through. nick had the biggest hit. we have to swing the bats like we can. >> reporter: three home runs, three days in a row, and a lot of them have come early in the game. are you having fun setting the tone for these games? >> i don't know, man. leading, starting the game, and then nothing the rest of the game. you know, just do it again, but,

glad to get a late rbi hit. >> reporter: seems you went to your first all-star game that you need to play up to an all-star level. how much did that raise your game to another level, another standard. >> i try to stay even keel, but the all-star game did have some meaning, and, you know, i want to live up to that expectation not only that i have more myself but the fans have and the team has. >> reporter: a young starter gets his debut. was it night to pick up the rookie. >> you can live with solo home runs, three solo home runs, he went out and pitched strikes. they can hit. but he had poise, and you know i can't wait until his next start. i think it's the red sox ks sunday. >> reporter: enjoy this one. >> thank you. >> apple.

>> matt albers got the win in relief. nick markakis 27% the fans have spoken adams jones is the at & t player of the game. . the orioles win it tonight by a final of 7-3. chris tillman the major league debut is in the books and the orioles break the 2-game losing streak.

  . well, gregg zaun helping out his pitcher tillman, bloomquist trying to steal, the final out in, and the orioles win it 7-3. dave trembley with post game comments presented by verizon wireless. >> we worked him. izturis getting a walk, that was great. that set it up for us and we got some hits. excuse me, go ahead. >> i was going to ask you, you

sarcastically talked about giving tillman the ball. >> yeah, i did. >> was he simply throwing it a little bit too high? i mean the three homers and the lack of -- a. if you look up his -- what he's done, he's never -- he's thrown most he's thrown in the minor leagues is 102 pitches. that's the most he's thrown. i think he's been to the seventh inning only a handful of times. not too many. third, his ground ball to fly ball ratio is skewed towards fly balls . i went on the wire wednesday, i thought what he needed to do to improve. two things he did aft second inning. first is he didn't throw a breaking ball. only fastball/changeup.

he needed to throw his second e.r.a. pitches and needed to get the ball down. jones made a hell of a flay the first guy others who would have known what happened the m.o. is the first inning is the toughest one to get through so jones made a heck of a play there. but griffith gave me a great report on him in preparation for him to come here. one, he's going to pitch up with his fastball but in order for him to be effective with it he's going to have to pitch in. s' going to have to pitch in. he didn't pitch in enough. he's a young kid. first time out there. you can only imagine how fast ht

is racing. and then secondly, when he throws the changeup or a curveball and he misses with it and this is where zaun did a great job because you saw when he missed, he made him back it up and he threw it again. he doubled up. that allowed him to be more honest. for me, that's where zaun earns his salt because he knows he's been there. he knows what he's doing. i'm not saying wieters doesn't. i'm not saying that. i'm saying zaun does. >> cautionary note before the game in terms of what to expect from tillman. did you get everything you expected from him in trey hillman -- >> we got him out at the right time. i'm sure he never had to work so hard to get three outs before. you know the 90 some pitches he threw, they were -- he had to

work. and coupled with the fact that he's here and, you know, all the stuff that's going on and his mom and dad are here and -- i imagine he'll sleep well. i told him afterwards he will sleep well tonight. he'll sleep very well. gave it what he got. and albers, he got a big out and johnson pitched aggressive. he pitched aagreesive and we got nice hits on the guys in the middle and two-out hits and that's game. on our side. >> johnson you expect to see. >> johnson with finish. pitching in. and sink. that's what i expected. >> gary: coach, you spoke in the pregame about adam jones and his maturity this season.

another first inning home run today. can you talk about his discipline at the plate? >> i think we talked about that in the dugout. you know, the rock and jeff, dan, spencer, all the people that have were here last year, david, people that were here last year. steve, they -- i mean, come on, he was a young guy. you know, and his play discipline wasn't -- i mean he was getting annointed under fire. he 2-1 curveball, he took t 3-1 cookie he hit it in the seats. you know, he got the big hit in the game ugs the other field because they want you to yank it and try to hit into a double play because we're not going to bunt there. that's the same kind of

expectations we have for all the guys that are now this is their first year. the bergesen, the berken, the wieters, the reimolds, the tillmans, you come back next year and make half the progress that jones made we'll have something and that's what we are feel we're going to be. >> tillman has, but what about internally about him that allows him to be pushed this quickly to have this much success at a young age? >> i remember calling wieters last summer, and asking him to give me a scouting report on bergesen, tillman, hernandez. all three of them he told me they're not afraid. they're not an afraid. >> okay, thank you. . >> trembley speaking with the media falling the game and obviously a lot of the talk

about tillman, but adam jones had a big game at the plate and you mentioned watching the video highlights how short his stroke is and another guy on the lineup with his stroke is nick markakis, he was oh my goodness, 0 knorr 8 in the series but he's such a good hitter and adjusts so quickly, he got one at his first at-bat and there was no stopping him. >> one thing about markakis, that hit that first time up really gives him confidence for the rest of the game. he goes on to get three or four hits in the game. we're going to take a look at him in the first inning. he goes the opposite way with this ball. short and quick, maybe not quite as much power as adam jones has, but definitely as quick a bat. this is the second base hit on

the night. short mandz stay inside the ball, right center field and nick markakis is on the way. his last time up he gets another fastball down on the outside corner with a left hander, lays the head of the bat on the ball, goes the opposite way, zaun scores, markakis with 3 rbis on the night. what a pure hitter he is. every hitter has his slumps, but markakis kits white hot when he's hot. >> tillman talking about his major league debut. >> i mean, i just wanted to get ahead of hitters. i feel like i hurt myself a bit falling behind. off-speed wasn't there for me tonight. other than that i felt like i hurt myself in my off-speed pitch and they did what they had to do with my fastball. . >> you guys got a win and it's over with and you can concentrate ton going slower and not having to worry about nerves

with major league debut. >> next time i'll be more comfortable.    . >> i felt like the first couple of innings i was good with my fastball changeup. and then we established the curveball. i got nervous to throw it. i mean, stayed away from it as much as possible. but it was there at beginning of the game, yeah. i don't think i was ready memthsly for the beach --

mettlely for the pitch. >> you know you can compete at this level. did you know before you got here? >> obviously i didn't know. i haven't been here before. after tonight i feel confident. gregg zaun behind the plate, how much coaching did he do with you between innings and how did he help you. >> he came up to me before the game in the clubhouse and told me to get off these guys and not to think too much about it. in between innings, come and talk to me, tell me what i was doing wrong or if i was doing something right, give me enkurngment there.    -- encouragement

there. . >> good adjustment for me coming in with former teammates, making a lot easier on me. . >> how many people did you have here today sna. >> my parents and my brother flew out and i think my dad's friend flew out for the game, too, so i think five.   . >> first drive of the game, trying to track it down. >> adam going after that ball i didn't think he had a chance and kind of turned it on a little bit and made the catch, exciting. >> that helped settle you down a little bit? >> absolutely. that's what helped me out the most was seeing adam jones make the catch.

letting my defense work. they did a good job behind me. >> how much of a comfort level for you going forward to be in a rotation with guys you've been in a rotation with to have wieters, to have nolan, guys you've been with? >> i think it will be huge.    . chris tillman talking business his major league debut. he knew he made mistake pitches. afard to throw a couple of curveballs you'll move forward. joerlts comes back. albers gets the win, 7-3. chris tillman major heeg career is under way. samuel adams summer ale

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  . orioles beat kansas city 7-3. elsewhere in the american league, yankees win at tampa bay 6-2 while boston lost at home 8-6 to the athletics so the yankees gain a game on bottston. seattle over toronto 3-2. tigers pound texas, 13-5. minnesota squeaks past the white sox 3-2 and the angels over the

andians by a final of 9-3 on a day they traded their best pitcher lee. markakis had a big game, three hits and three rbis as he goes the opposite way for a single and the orioles win it 7-3. announcer: what are you waiting for? all around the world, men with erectile dysfunction have asked their doctors about cialis. ask your doctor if a cialis option is right for you because in addition to 36-hour cialis, there's another dosing option: cialis for daily use, a low-dose tablet you take every day so you can be ready anytime the moment is right. man: tell your doctor about your medical condition

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  . chris tillman walking off to a standing owe vags, made his major league debut, a no decision, pitched into the fifth, markakis a big night at the plate and he talked about his new 21-year-old teammate. >> i think right off the bat adam jones picked him up early, keep him, you know, had some life on his fastball. i think he had a little bit of trouble with his off-speed pitches and once he figures that out and once he throws those for strikes i think he's going to be good. overall, first start, get it out of the way, and you know look for your next one. >> the o's xtra challenge,

dempsey snaps me winning streak. markakis 3-for-5 with three rbis. tomorrow the finale of four and here's the pitching matchup. >> hochevar is on the mound, and bergesen pitching well, looking for his seventh win. two young good stars on the mound. >> orioles win it 7-3 tonight. had the lead lost it but then battled back and beat the kansas city bullpen. tillman made his debut. turn on the radio for more. 105.7 or masnsports.com. see you tomorrow afternoon at high noon for o's xtra.

what did lee bring to the phillies rotation? >> cliff lee's acquisition puts them over the top. now the team to beat. don't be fooled by his record. his era at the time of the trade was good for seventh best. he's going to the national league, look for those numbers to continue to improve. cliff lee is a guy who logs

innings. at the time of the deal, the most innings pitched in the major leagues. in 19 of 20 starts he's logged six or more innings. the phillies have the best offense in the national league. best defense, and now their starting pitching is just about on par with the rest of their game. lee could add some stability to a staff that's had its ups and downs in 2009. cole hamels had less than a stellar start. but he's picked it up as of late. the recently signed pedro martinez could also work his way into the rotation. halladay wasl against the mariners. franklin gutierrez was 0 for 4 in the game. bottom two. chris sheltlton had three strikeouts on the day. and then take eight seat. halladay 7 and 6k's. mariners down 2-1. ken griffey jr. coming up with a

base hit to right field. saunders and ichiro come around to score. junior 2 for 4 with two r.b.i. and the two doubles he had, he's now 4 for 10 in his career against roy haladay including what was his game winning hit. as for haladay, he's now 5-5 in his career against seattle. the focus for him, those trade rumors. >> again, i don't plan on being -- i plan on being here. i plan on making my next start and that's it. i don't have a lot for you you in that respect. you know, it's, you know, you address question and it's time to move on. it's time for me to, you know, be done talking about it, and continue to focus on my job. so that's where i'm at. >> since coming off the dl at the end of june, haladay just 1-3 in six starts. the bluejays ace in a june 12 start against the marlins won 10 of 11 decisions before suffering

that injury. of course the rumors continue to swell on roy haladay. we'll have all those rumors and what goes down friday, noon eastern. it's the baseball trade deadline show. we'll have in depth analysis right here on espnews. >> the yankees are 10-2. getting some defensive help from mark teixeira. chamberlain, eight innings pitched. all singles, no earned runs. the yankees up 5-0. the blast deep to center. take a quick look. espn sky cam coming right at you. the yanks win it 6-2. make it 11 of 13 for the yankees. chamberlain 4-0 in his last 11 starts. he's 5-0 on the road this season. meanwhile the race falls to a season high 7 and a half games out of the al east.

>> the story tonight was certainly joba chamberlain. he did that earlier this season against the cleveland indians. but this was against the tampa bay rays. a playoff contender. he looks really good. >> the big knock on him all year long has been too few innings first start. there was only one guy with fewer innings. the problem has been his fastball command. that's not been a problem as of late. just take a look at the k zone. with the fastball early in the zone. even though they're elevated, he can do that at 92 to 95 miles an hour. by doing that, you can set up the called strikes on the breaking ball. you set up the swings and misses with that pitch. you take a look at joe girardi how proud he is of this guy. he runs his record to 7-2. he's 5-0 on the road. and the big thing was he was basically walking a guy like every other inning. he did not do that tonight.

it was a dominating performance. >> good effort out of matt garza. he had really good stuff against the yankees but it was against the yankees. he had 15 home runs. that's the most in the majors. they hit three more tonight. well, the bronx bombers are back. a lot of people thought this team was built on pitching and defense. they are for the most part. they've improved in that area a lot. but robinson cano takes one deep into the bleechers in right centerfield. joba saying i appreciate that. then in the ninth inning, he didn't think they were going to need the run support. acabrera, and mark teixeira, making a strong run for the mvp in the american league. that was his 26th hope run of the year since early may. he has really put it together. everything seems to be coming together for the yankees. >> end of july, they now have 62 wins.

they are rolling since the all-star break. any doubt they are the best team in baseball? >> i don't think there is any doubt about that. one thing you know about the yankees, they're not afraid to spend. they may not be done before the 4:00 o'clock trading deadline on friday. they win here, and for rick sutcliffe and our crew, dave o'brien. >> the red sox two and a half games behind the al east. brad penny on the bump for boston and having some problems. first pitch of the game, adam kennedy, gone. his eighth home run of the season, a's up by a score of 1 1-0. brett anderson gets the win. he's 3-1 with a 1.5era in his last six starts. >> let's update you right now. more drama between the dodgers and the cardinals. it's a 2-1 lead. but look, matt halladay comes up with a base hit.

moving mark derosa. so it's first and third right now. one out. ryan ludwig. he's at the dish. he's 1 for 3 with a single and a sacrifice so far. there is still more baseball to get to. including a fire shell at the trade deadline. >> we'll let you know which player is left standing from last season's opener. plus, the cubs were booming at wrigley. meantime the viking supports jackson and his minnesota teammates move on without you know who. and the legendary college hoops coach with more titles than anyone vetted yet again. we hear from the wizard of we hear from the wizard of westwood after this. go climb a tree. or discover things you've only read about. maybe it's time to get the kids off the couch and on the water. get the gear to get it done at bass pro shops. like worldwide sportsman angler shirts for just $14.94. the body glove method life vest for only $19.94.

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>> we've got ourselves a tied ballgame in st. louis. cardinals getting it done in the bottom of the 11th inning. it was ludwig coming up with the r.b.i. single. tieing this thing at 2. and the current situation right now is kobe came up with the pinch hit. the game tieing single in the bottom of the ninth inning. he is up once again at first and second. and one man down, and again, we'll keep you updated. >> a battle of the tight nl central. cubs and astros squaring off. mike hampton on the hill. bottom two, cubs already up 6-0. aramis ramirez kissing that one goodbye. his ninth of the year. mike hampton, boy, these first inning struggles continuing for him. giving up six runs, that's the most he's given up since july 1 of 203. he has an era of 11.5 in the first inning this year. the cubs have now won 6 of the

last 7 to improve to 10-3 after the all-star break. let's look at the standings now. kobe with the win. thrust themselves into that top spot with a tie with the cardinals. but cardinals still in action. bottom of the 11th. tied with the dodgers at 2 apiece. the pirates were busy on wednesday, sending shortstop jack wilson, and pitcher to seattle for shortstop ronny cedeno and four minor league players. pittsburgh traded infielder freddy sanchez to the giants for a minor league pitcher. the pirates have parted ways with eight of the nine players to take the field against the braves on opening day last season. only catcher ryan don't remains on the roster. >> taking on the pirates, bottom 10. no score. randy win facing matt kast. the base hit up the first baseline. very well dez scores, the giants win it. it was wins only hit in five at-bats, but he made it count.

it was his 7th career walkoff hit. the giants complete the three-game sweep. the pirates finish with a 1-7 road trip. >> the indians are going to finish out the year without that man. cliff lee traded to the philli phillies. bottom 3. angels up 7-1. howie kendrick crushing that game. his sixth of the year. that's just a career high for him. in his 7-2 games since his return from a three-week demotion, kendrick batting .383 with 14 r.b.i. john lack knee improves to 5-1, and is now rocking a 1.47era over his last four starts. despite the fact that they've been without torii hunter or vlad guerrero since the first week of july. the angels kept on rolling. they've won 14 of 18 without their injured sluggerring. >> nfl now. it's like the break-up with the supermodel you never dated. the vikings moved on wednesday with the knowledge they were not

going to have brett favre this season. minnesota is still feeling confident. but the talk is still about number 4. >> his record speaks for itself. so i looked at this organization, and i look to this football team to bring the best possible players that i can bring in here. and obviously he's gone his way, and we're going our way. i'm more than content with these two guys competing with each other, and throwing booty in the mix. >> i've said from the beginning having brett would be a bonus for us. we have two capable quarterbacks to fight it out. and our goal all along is to have one of them at the helm. >> it was all speculation, which it turned out to be. and i know how hard tavarez and sage worked in the off season. >> what i want to know is how

can he take jarrett allen seriously when he's wearing a bear hat? >> allen by the way on rome is burning. as for the quarterback, jackson would appear to have the edge. having in training camp. the career high in completion percentage and passer rating last year. there's been plenty of speculation. the baltimore ravens have made it known they are at least discussing the impact he could have on their team. >> edwards placed on the active nonfootball injury list. the wide receiver was a day late in reporting to the browns camp. then he failed the team's physical. edwards could be fined as much as $17,000 for reporting one day late. >> of course we have your nfl fix. don't miss our camp confidential sponsored by coors light. we'll continuing to around the league and get you the latest on your favorite squads with team

insiders right here on espnews. former ucla head coach john wooden has been named by the sporting news as the greatest coach in american sports histo history. wooden received 57 first place votes and spoke with our neil edwards. >> coach you've always said it's a weakness to get caught up in praise. but what's it mean to you to be honored as the all time greatest coach? >> actually, i'm very proud that that would be done. but it was done by my peers. >> you're 98. you've said you're not afraid of death. >> no. >> how have you prepared for it? >> i have peace within myself. i wrote something not too long ago. the years have left their imprint on my hands and on my face. the wreck no longer is my walk, and slower is my pace.

i have no fear of death. >> john wooden holds division 1 coaching records for consecutive wins, winning percentage in the ncaa tournament. final four appearances, and national championships. wooden won an unprecedented ten national titles with the bruins, six more than any other head coach in division 1 history. >> >> day after losing in the 200 freestyle, michael phelps bounced back to win the 200 meter fly in world record time. >> the time of 1:51. now as good as he's been at the olympics, phelps has had just as much success in the world championships in his career. 19 of phelps career records have come at the world championships.

>> plaxico burress testified in manhattan on wednesday. hear what you a remorseful plaxico had to say in the courtroom and to his fans. and justin verlander, you do not want to miss the k train that helped the tigers avoid being swept in

>> the 31-year-old burress faces up to three and a half years in prison, and want wants wanted to

address the jury personally. >> you i testified to he day before the grand jury. i was truthful. i was honest. and, i'm truly remorseful for what i've done, and what happened and what i did. i just want to thank aeverybody, family and friends for their support. thanks. >> i think that people need to understand the mitigating factors in this case that have been overlooked by everyone, including the mayor and the district attorney. this was a lawfully purchased weapon. a lawfully registered weapon. he had a pistol permit in another state. this weapon was not used in the commission of a crime. this weapon was not used to hurt anyone else. the only person who suffered was mr. burress as a result of this unfortunate incident. the weapon was surrendered. he surrendered. took no he vasesive action whatsoever. that distinguishes this case from virtually any other gun case in new york.

>> after he was released back in april, burress became an unpredicted free agent. and is still free to sign with any team. however, he still may face sanctions under the nfl's personal conduct policy. >> tigers trying to avoid the sweep against the rangers. top of the second. 1-0. detroit on top. curtis granderson has one home run. make it two. his 22nd of the year. his fourth career multi home run game. and the tigers have to settle for the 3-0 lead. justin verlander just mowing down guys. bottom two here. michael young, verlander, seven innings, four runs, 13 strikeouts for him. verlander ties josh beckett with 12. for detroit, the win snaps a 7-game losing streak. and it's the most they've scored since may 25th. >> golf, he didn't play at the british open which snapped the streak of 51 straight major championship appearances which dated back to 1994. and phil mickelson is playing at

the pga championship. lefty has missed time on tour to be with his wife amy who was diagnosed with breast cancer. >> tiger woods and rocker bob seeger pairing up for the buick open pro-am. yes, i said bob seeger. tiger here, with the 25-foot chip, lipping out. tiger when he usually misses he's not smiling. but he is right now. got aloof it. tiger here, the long putt. about two feet short of the cup. now you're probably asking bob seeger, what is the deal there? he's from michigan. and seeger here the 20-foot chip, just by inches. >> on a play like that though, you've got to forget about t. >> he's a traveling man. but he's from ann arbor didn't have to go far. >> let's get you updated right now. dodgers and cardinals. manny ramirez is a dangerous hitter. he's so dangerous that he didn't

lead off the inning, he comes up with a double. he's on second base. and right now it is still two outs in this ballgame. 2-2. we'll keep you updated throughout the course of the evening. >> our top stories ahead. reigning cy young leader is heading to be the reigning champion. stay tuned. >> los angeles, california. where dreams are made and the stars come to shine. and this week those dreams and stars coming together for one thing. and games 15. hello, my friends. sal inside the staples center. since we're right down the road from hollywood, here's my one minute pitch for a blockbuster. first up, travis pastrana. he's back. the man with the double back flip returning the moto x trip for the first time in three years with the trip that makes the double back look easy.

then james stewart. that one. the fastest moto racer on dirt. making his x-games debut with style. in three events. you'll see the leading man prepare the very first big air rail jam. then bob burnquist trying to complete the trilogy as he shoots for the mighty three piece. x-games big air is in production. last coverage starts thursday, 8:00 eastern on espn.

>> i'm eric karabell with your fantasy news. let's look at a few starting pitchers throwing on thursday. the royals' luke hochevar emerging before our eyes, won his last four decisions, lowered his whip to 1.25 and has 22 strikeouts against no walks since the all-star break. i like him for a spot start and more against the orioles. on the surface kevin hart of the cubs has done a nice job filling in but his e.r.a. and whip don't match up. look at the walks. 16 in 21-2/3 innings, nine strikeouts, a 2.80 e.r.a. cannot continue with a 1.25 whip. finally everyone likes jonathan sanchez in home games and his e.r.a. is lower at home.

this is the phillies coming to town. they beat up dan haren, they score runs, they take walks, i'm not recommending sanchez either against the phillies. check us out on espn.com for the best fantasy analysis anywhere. ♪ ♪ >> coming up on espnews, the talk with philadelphia and roy halladay. the reality is the reigning cy young award cliff lee -- our analysis explains why that move puts them over the top. michael phelps came back with a vengeance. you do not want to miss the superswimmer in rome. many were surprised plaxico burress testified in his weapons case. see what the wide receiver had to say about what happened in court. captioning by captionmax

>> hello, everyone, and welcome to espnews, where we always help you stay current with the latest news, highlights and scores. with mike yam, i'm mark morgan. >> mark, the dodgers in a battle with the yankees for the best record in baseball but l.a. also trying to snap out of their first three-game losing streak of the year, trying to get that done against st. louis. let's update you right now. bottom 12, still tied at 2-2, the interesting thing here, though, top of the 12th, manny ramirez, manny got a double and then casey blake shooting it to right field, ryan ludwick guns down manny ramirez at the plate to end the inning, which leaves us still at a 2-2 tie, bottom 12th. >> the yankees 10-2 since the all-star break. the yanks facing the rays in the rubber of a three-game set, joba chamberlain getting defensive help from mark teixeira.

teixeira with the stick -- top nine, oh, boy, a solo shot deep to center, his 26th home run of the season coming right at the espn skycam. 11 of the last 13 for the yankees. chamberlain is 5-0 on the road this season. rays fall to a season-high 7 1/2 games out in the a.l. east. taking you to the next level here on espnews and inside the longest scoreless outing of chamberlain's career. he had everything working surrendering just a pair of hits on 17 at-bats that ended in fastballs and holding the rays to 111 on at-bats ending in off-speed pitches.

>> highlights of that game as soon as it goes final. >> red sox began the night 2 1/2 games back of the yankees in the a.l. east, first pitch of the game, adam kennedy -- this is when you know it's going to be a rough night for you, kennedy, his eighth home run of the season. and the a's go on to win. 8-6 the final. rajay davis 10 r.b.i.'s is heating up. >> the cliff lee sweepstakes may have taken a lower profile than the pursuit of roy halladay but the phillies moved quickly to add the reigning a.l. cy young winner to their roster. the phils are sending four minor league prospects to the indians for lee and outfielder ben francisco. the phillies didn't have to part with any of their top prospects to grab the lefthander, who won 22 games a year ago. >> i think it's important -- it was important for us to try to

make the adjustment to get kind of a top-of-the-rotation guy because he's more a difference-maker for us, he's a guy that's going to eat up innings for you, he's been very consistent, his record is not as good as his record this year was last year as the cy young award winner but he's been pitching very well lately, we have been scouting him extensively, all the guys that have gone out there to see him from howie breiling to charlie kerfeld and gordon lake and all the scouts that are involved and pro scouts involved in our organization, this is really a total team effort and we're very, very pleased. >> first of all, he's got good stuff. a good breaking ball. it changes speeds on you, his fastball at times can be definitely overpowering. he condition a power pitcher on certain days. outside that, most of the time, he's more of a pitcher.

he will move the ball around. he will have good poise, good command, keeps his cool and he's a professional, and he's got a lot of talent and i'm looking forward to having him pitch for us. >> the indians have now dealt reigning a.l. cy young winners in consecutive seasons. after shipping cc sabathia to the brewers last summer. "baseball tonight"'s steve phillips, what does lee bring to the phillies rotation? >> cliff lee acquisition for the philadelphia phillies puts them over the top. they're now the team to beat in the national league. don't be fooled by his 7-9 record, his 3.14 e.r.a. at the time of the trade was good for seventh best in the national league. he's going -- in the league. he's going to the national league. look for those numbers to improve. in his last 19 out of his 20 starts he's logged six or more innings. he goes deep into the games to protect the bullpen. the phillies have the best

offense in the national league. they have the best defense in the national league. and now, their starting pitching is just about on par with the rest of their game. >> thank you, steve. lee could add some stability to a staff that has had its ups and downs in 2009. cole hamels had less than a stellar start to the season but has picked it up as of late and the recently signed pedro martinez could also work his way into the rotation. phillies facing the diamondbacks. the offense is sputtering for the phils, d'backs up 3-0, we're in the bottom of the eighth, justin upton a two-run homer, chris snyder, a solo shot in the seventh, his sixth of the season, d'backs up late and highlights of this one as soon as it goes final. >> roy halladay not pitching for the philadelphia phillies but he was on the hill for the blue jays taking on the mariners, bottom of the first, franklin gutierrez 0-4 in the game. then in the bottom of the second, chris shelton had three strikeouts.

same inning, michael saunders. not good. halladay seven innings, six k's in this one. bottom seven, bases loaded, ken griffey jr. sends it to right field. that will score two. saunders and ichiro come around. junior 2-4 with two r.b.i. now 4-10 in his career against roy halladay including what was the game-winning hit. as for halladay, 5-5 in his career against seattle and after the game the focus, of course, trade rumors. >> i plan on making my next start and that's it. i really don't have a lot for you in that respect. you address questions, and it's time to move on. it's time for me to be done talking about it and continue to focus on my job. that's where i'm at. >> since coming off the d.l. at

the end of june, halladay 1-3 in six starts. the blue jays ace who injured his groin in a june 12 start against the marlins won 10 of his first 11 decisions this season before suffering that injury. and, of course, roy halladay could be on the move. where do you go if he is? espnews. >> there is still more baseball to get to including a fire sale of players before the trade deadline. >> that's right, mike, we'll let you know which pirate players is left standing from last season's opener. there is only one left. plus the cubs bats were booming at wrigley. also ahead, the vikings report to camp -- tarvaris jackson and his teammates move on without you know who. and the legendary college hoops coach with more titles than anyone is feted yet again.

we will hear from the wizard of westwood. at 155 miles per hour, andy roddick has the fastest serve in the history of professional tennis. so i've come to this court to challenge his speed. ...on the internet. i'll be using the 3g at&t laptopconnect card. he won't. so i can book travel plans faster, check my account balances faster. all on the go. i'm bill kurtis and i'm faster than andy roddick. (announcer) "switch to the nations fastest 3g network" "and get the at&t laptopconnect card for free".

>> let's update you right now -- dodgers and cardinals still knotted at 2-2 -- both teams threatening in the extra frames -- actually, the closest in the bottom of the 12th, cardinals got a double from joe thurston but he missed first base so he was out, possibly a mistake by thurston which could come back to haunt the cardinals. battle in the tight n.l. central -- cubs and astros squaring off, mike hampton on the hill for houston, cubs up 6-0, you can add another run. aramis ramirez sends it out of

wrigley field, his ninth of the year and boy, oh, boy, mike hampton's personal struggles continue, six earned runs allowed the most he's given up since july 1st, 2003 and now he's got an e.r.a. of 11.50 in first-inning play so far this year. the cubs have won six of their last seven to improve to hen of-3 after the all-star break. >> the pirates were busy on wednesday, sending shortstop jack wilson and pitcher ian snell to seattle for shortstop ronny cedeno and four minor league players. pittsburgh also traded infielder freddi sanchez to the giants for a minor league pitcher. the giants have now parted ways with eight of the nine players to take the field against the braves on opening day last

season. only catcher ryan doumit remains on the roster. matt cain and the giants taking on the pirates, bottom 10, no will be followed in other places. thank you very much. [inaudible conversations] [inaudible conversations]

now hearing on the safety of a

ready-to-eat produce that comes prepackaged at grocery stores, we'll hear about prevention of a e.coli contamination and products. this is bill maher than to our. the committee will come to order. i am congressman kucinich, of a subcommittee of oversight and government reform. i am showing today by the ranking member of the subcommittee, mr. jordan, of ohio. and today's hearing will examine the safety of a ready-to-eat produce, the successes and challenges posed by the california -- california leafy greens marketing agreement kevin and for the sake of this hearing we are going to use the acronym calgma. so when you hear calgma it

stands for a california leafy greens marketing agreement. and rare also going to talk about the proposed nationalization of that agreement. the year will focus on the bank or a value-added and leafy greens marketed as ready-to-eat. and consumers are quite a familiar those products. and look at the role of private industry and government in regulating the products and economic and rental and food safety impacts of that regulation. and without objection the chair and the ranking minority member will have five minutes to make opening statements upon by opening statements to that of other members not to exceed the three minutes by any member who seeks recognition pair of without objection members and witnesses have five legislative days to submit a written statement or extraneous materials for the record very and without objection the chairman and ranking member

movies have 10 minutes for questions and the first round after rich will proceed of the five minute rule. >> precast packaged leafy greens marketed as ready-to-eat produce have become increasingly popular. capturing 7% of the leafy greens market. americans appreciate the convenience of this partially processed product and are eating more fresh produce as a result. that is a good and important development and will likely help to improve the health of americans bet as the popularity of bed in lettuce and spinach has increased so have rare but serious food borne illnesses associated with the. upper ranks of e.coli 157, and other pathogens have occurred in

that relation to precast packaged leafy greens delis once you're practically every year since 2003. regulation to prevent these outbreaks arrests in the hands of the industry. the california leafy greens and miller marketing agreement calgma was implemented to stave off regulatory action by the senate california. calgma in short adherence to a specified set of good agricultural practices designed primarily by the food and drug administration to improve it the safety of a leafy greens. in spite of its name calgma is having impact on farmers and all parts of the nation due to the requirements of compliance with calgma imposed by national processing and retailing outlets

which buy and market their produce. in the usda is currently proposing the creation of a national marketing agreement along the lines of calgma. there is much good in this calgma initiative. calgma embodies private safeguarding american food supply. handler's responsible for growers compliance with food safety metrics pay for auditors stand by the usda and trained by the calgma board to carry out surprise and scheduled inspections of standards adopted voluntarily by since reformers. calgma, however, us some blind spots as well. it condones a processing activity favored by the ready processing industry known as scoring lead us in the field and

only suggest minimal guidelines for sanitary chairman of harvesting equipment used for corning. in spite of recent scientific research identifying the potential for a transferring pathogens deep into the court let us bear in for the subsequent washing process would be unable to reach. calgma is silent on the use of certain packaging of ready-to-eat to produce known as modified atmosphere packaging, the banks of a ready-to-eat greens. calgma it is not required an enforceable standard of coal a chain of distribution here it is not impose tough requirements on packagers and distributors relating to the best consume my date, that stamp, ready-to-eat packaging, people have seen those. so they don't have any tougher

requirements. and of the packages and distributors but that stamp on there. now scientists tell us that if bank to produce labeled as ready to eat is not constantly refrigerated to the distribution chain it quickly becomes a perfect habitat for bacterial growth. harmful bacteria such as e.coli 157 multiplying on scene and undetectable to the eye of the consumer. legions of pathogens can thereby in maine the unsuspecting consumers intestinal tract overwhelming his or her immune system. causing severe and painful complications and in some cases death. now everyone who has experienced severe food poisoning is what is

at stake. on it is largely silent on key questions a plan to distribution of ready-to-eat produce calgma has allowed to sit out farming practices and stewardship. small and organic farmers in particular have expressed concern about the costs and the scientific justification for some of the calgma requirements. some of it calgma metrics are seen to be in direct conflict with an amateur protection widely accepted called apprentices and some cases streams have been contaminated, wildlife refuges are in, by and papers to the bretton and farmers remain in compliance with calgma. today we hope to address weiss before a regulatory framework has focused solely on farming

practices. to the exclusion of the rest of the supply chain. it seems the farmers have taken the brunt of the burden of contamination when a way make more scientific sense to focus attention on the processing, packaging and distribution of ready-to-eat produce. consumers have a right to expect that the food they eat is safe. it is in the public tell the interest that americans consume a greater amounts of raw vegetables. but whether or not nationalizing calgma as the usda proposed is a the best way to achieve the goals is a question of this hearing. i look for to hearing from all of our witnesses today and at this time i recognize the honorable congressman jordan, ranking member of the committee

of the city of ohio. >> thank you mr. chairman for holding this hearing to examine the impact of leafy greens marketing agreements and any to have a food supply that is a. americans should feel confident in the produce they buy or served will not make you sick. these marketing agreements may be an offensive way to ensure safer produce however into some guidelines and regulations must be burdensome and especially smaller family owned and run farms. accord to hearing about their experience with the marketing agreements and the usda play key roles in food safety and i'm interested to hear how these rules may change if the wheat feedgrains is made national. additionally and hope for witnesses can discuss the implications of his safety enhancement act of 2009 which is owed and on yesterday and voted on later today as a love for to

hearing how you're thoughts on that legislation as well refer to examine the pros and cons of making national this before agreement and thank our witnesses for taking time to testify from the committee today. with that i yield back to mike and thank the gentleman. does the gentle lady from california have an opening statement? >> i do, thank you so much for holding today's hearing to examine the leafy greens market. the role of private industry impairment and regulating these products and economic environmental and food safety impacts of the california leafy greens market agreement. the hearing is happening at an opportune time and since 2003 peak at the bank of lettuce has developed into the second fastest growth industry in the united states grocery shelves

and i'm from california. we believe in silence. and so making it a critically important that adequate precautions are taken and analysis conducted to ensure that this increasingly popular food is not just nutritious but say and we have taken steps mr. chairman and the save california to regulate the sale of not only the leafy greens package but those in the bins as well 98.5% of the e.coli operates reported in the leafy greens have been associated with baghdad in precambrian. none the infamous 2006 spinach outbreak resulted in over 200 hospitalizations, nearly $400 million in los products and the three deaths confirmed by the fda. in response to this and other similar instances, industry leaders develop california leafy

greens marketing agreements to allow growers to join a voluntary regulatory framework which encompasses 95 percent of california's leafy greens business isn't being considered for additional nationalization and i terna of those committee meetings mr. chairman when i was chairperson of health and human services. the calgma includes a food safety inspection program conducted by the usda and the enforcement of metrics, our regulations developed by scientists, governmental officials, and growers, processors and businesses to reduce micro contamination of leafy greens in the field to force the supply chain.

while i am pleased that the mining industry has taken the initiative to free this country as a free market for food safety, i believe it is important to scrutinize its effectiveness and its impact on the environment. of some have argued that the rules placed on farmers by calgma conflict with the movement toward organic and biological divers farming methods and could be actively harming the environment. furthermore it may prove to being a counter intuitive it to create such regulations before that is their conclusive scientific knowledge about how e.coli makes his way into the leafy greens supplied. so i would like to thank you, mr. chairman, for allowing me to make this presentation. i'm sorry i cannot stay, they just called an emergency meeting of the progressive caucus to

discuss the health care reform bill and is said to 30:00 p.m., i wanted you to know that. but i have staff. and i will be hearing from them as to the witnesses and their testimony so thank you so much, i yield back. o much. i yield back. >> i thank you the gentle lady. i'm sure she'll convey my sentiments in that meeting of the progressive caucus. you can let them know that i'm giving a responsibility of chairing this hearing. thank you for your opening statement. if there's no additional opening statements, the subcommittee will now receive testimony from the witnesses before us today of the i want to start by introducing our first panel. mr. michael r. taylor is the senior adviser to the food and drug at the food and drug administration. mr. taylor, welcome. mr. taylor previously served as deputy commissioner for policy  and is a member of the national academy of sciences committee on environmental decision-making

under an uncertainty. he's held numerous positions in the field of food safety and research, among them administrator of the food safety and inspection services at the vice president of public policy at monsanto corp.. he was also a practicing attorney in the field at the law firm of king and spaulding. ms. rayne pegg is the administrator of the agriculture marketing services, ams, the marketing and regulatory arm of the u.s. the barken of agriculture. welcome ms. pegg. prior to being appointed minister ams ms. pegg was deputy secretary of legislation and policy for the california department of food and agriculture. she has also served as director of international trade and plant health for the california farm bureau, the federation of research division and is the director of government relations to the agricultural council of

california. thanks for appearing before a subcommittee today. it is the policy of the committee on oversight and government reform to swear in all witnesses before they testify. so i would ask that you rise and please raise your right hand. do you solemnly swear to tell the truth, the whole truth and nothing but the truth? thank you. let the record reflect that the witness's answer in the affirmative. i ask that each of the witnesses now give a brief summary of the testimony and to keep this summary under five minutes in duration. i want you to know that your entire statement and anything else you want to attend to it will be included in the hearing

record. mr. taylor, you will be our first witness and you may proceed for five minutes. >> thank you chairman kucinich and mr. jordan. i and senior adviser commissioner at the food and drug administration which as you know is part of the department of health and human services. i am pleased to be with you today to discuss issues related to the safety of fresh produce. as you know fda's the federal agency responsible for regulating most of the food supply except for meat, poultry and profits eggs which are overseen by partners that the u.s. the barbon of agriculture. fda is committed to ensuring the food block continues to be among the safest in the world. president obama has made a personal commitment to improving food safety. on july 7th of this year the multiagency food safety working group the president is that it used its key finding and had to upgrade the food safety system for the 21st century. the working group recommends a new public health focus approach

to food safety based on three core principles, prioritizing prevention, strengthening surveillance and enforcement and improving response and recovery for qxd is an integral part of the group's efforts to establish these principles. fresh produce the topic of today's hearing present special safety challenges as the chairman outlined in the number of illnesses associated with press-- fresh produce is a concern for fda. the increased consumption of produce in its pression roth form including ready-to-eat bagged product reflects growing consumer interest which is of course they desirable friend from a public health standpoint but these new consumption products challenge our food safety efforts. fresh produce has the potential to be a source of foodborne illness because if it is consumed raw with only minimal processing and without interventions that would eliminate any pathogens that may be present. most produce is grown in an outdoor environment in

susceptible to contamination from pat that is present in the soil, and minner were used as fertilizer to to the presence of animals or agricultural water used for washing or cooling. produce also may be vulnerable to contamination due to inadequate worker health and hygiene protections averments of conditions inadequate safeguards or inadequate sanitation of equipment and facilities. fresh produce is produced on tens of thousands of farms and contamination in one knee step of the progress and change can be amplified through subsequent steps. but we also know that the possibility of harmful contamination can be minimized by understanding these potential entry points for pathogens and by implementing preventive measures were possible throughout the system. vests in keeping with the obama administration's prevention oriented safety strategy fda intends to improve safety by establishing enforceable standards from the implementation of signs based

preventive controls throughout the chain of production processing and distribution. these regulations will capitalize on what we in the produce industry have learned since we published our good egger culture practice guidance in 1998 and tap the best science to the delta program criteria or metric to ensure the effectiveness of controls in particular production and processing settings. in the short term fda will issue commodity specific guidance for industry on the measures they can implement now to prevent or minimize microbial hazards of fresh produce. fda will soon publish draft guidance for improving the safety of leafy greens, mellenthin tomatoes freeze visit the commoditized associate with food borne illness celebrex. the guidance it described controls that industry can implement to reduce the rest of microbial contamination in the growing, harvesting and distribution of these commodities. it is not enough of courts to issue regulations and guidance. we must also ensure the

preventive measures they call for are widely and effectively implemented. to that end fda will work with federal and state board is to implement an inspection and enforcement program aimed at insuring high risk compliance with the produce safety regulations. fda recognizes the importance of leveraging expertise and resources of several state and local agencies to be sure the industry understands the requirements and to help them achieve greater compliance. one way we can leverage resources is to work with the marketing services as they implement marketing orders. by incorporating the fda standards and voluntary marketing and conducting audits to ensure compliance by those that subscribe to such agreements ams contributes to the goal we share which is widespread compliance with modern preventive control measures. we believe ams by incorporating fda produce safety standards can help ensure high rates of compliance with fda standards. in addition to highlighting

measures of the executive branch to implement could say the white house working group noted the need for congress to modernize the food safety statutes. legislative authorities that would enhance the safety products include enhanced ability to require signs base preventive controls, enhance the ability to establish and enforce performance standards to measure the implementation of proper food safety procedures access food safety records and a new inspection mandate. the food safety enhancement act h.r. 2749 considered by the house today addresses these and the obama administration strongly supports its passage. thank you for the chance to be here mr. chairman and i look forward to being able to answer your questions. >> thank you very ms-- mr. taylor. >> good afternoon and thank you for the impartation to appear before you today. i appreciate the opportunity to share with you a brief overview of our activities regarding marketing orders and agreements

for fruits and vegetables. as mr. taylor stated fda is the federal agency responsible for food safety of fruits and vegetables. at usda the food safety and inspection service holds similar responsibility for meat, poultry and egg products. the mission of ams is to facilitate the marketing of agricultural products. ams is not a food safety agency. we are and agency with a long history of working with producers and processors on marketing programs involved in inspection of product quality and verification production processes. under the agricultural marketing agreement act of 1937 marketing orders assist farmers and handlers by allowing them to collectively work to solve marking problems. these programs are industry initiated and subject to public review. there is a seven step process in initiating an agreement. the industry petitions usda which recently occurred on the national leafy green marketing

agreement. usda hold public meetings which we will be acting on the national leafy greens marketing agreement in september and october. we rick you all comments and either terminate the proceedings are published a proposed rule. and the best we of terminated proceedings of the potential marketing agreement or order. usda publishes a final agreement and appoint the committee. the committee develops best practices. those best practices are sent out, are published for public comment and usda publishes a final metrics are best practices. marketing agreements only apply to handlers to voluntarily sign an agreement. these are collected from panelist to cover local cost of administering these programs. we provided dori to regulate commodities through federal agreements. usda considers the harmful pathogens of toxins to be a characteristic of higher quality products. federal marketing orders and

agreements include minimum quality grade requirements which can identify with the presence of small, insect infestation, foreign material or contaminants. the marketing order for prince has fumigation requirements relative to insect infestation since 1961. since 1977 california raisins have required the absence of dirt, and saxton malt and beginning in 2005 the stach will handlers were required to check for aflotoxins which the president would be-- with lower the market the value of pistachios. on june 8, ammons received an industry proposal for national marketing agreement for lettuce, spinach and other leafy greens. the purpose of the proposed agreement is to enhance the quality and increase the marketability of fresh leafy green vegetable products to the application of good agricultural and handling practices. requirements implemented under the proposed program would be

science based, conform to fda guidant to minimize food safety risks and subject ust a oversight. the program would only be binding on signatory handlers. the program would require any proud of candle bike producers our handler is using their fight handling practices. the program would authorize unannounced audits and applied to imports and any product seemed a risk concerned by usda inspection would be reported to fda. we are aware there are concerns from various groups on the proposed marketing agreement. we welcome comments from those parties and other interested parties and will carefully consider them. to conclude mr. chairman i would like to reiterate that the federal food safety policies for fruits and vegetables fall under the jurisdiction of fda however ams does have significant experience in the design and delivery of marketing programs including marketing orders and agreements. the process for establishing a

marketing order or the agreement is an open and transparent process in which ams carefully considers all of the points. i am happy to respond to any questions. >> i thank the gentlelady. we will now proceed with ten minutes of questions, beginning with myself and then i will turn it over to mr. darden. i would like to start with mr. taylor. mr. taylor, ready to it is a marketing slogan assuring this selig in the package is safe for consumption without requiring further washing or cutting by the consumer. the california leafy greens handler marketing agreement, calgma is a voluntary industry sponsored in insuring quality and safety of process leafy greens including those to be marketed as ready to eat. it was developed to preempt regulatory action from the california state assembly.

has calgma maid crete-- pre-cut salad safer than they were before? and if yes what is the basis for that opinion? >> mr. chairman the practices, producer practices embodied in that agreement make a contribution to making the food safety. i think we understand this-- but there processing in the way the product is handled throughout. >> when you say contribution, would dieumene? what is yours feinstein that? >> the sap depends on preventing contamination. >> pull the microphone a little closer. >> the safety of these products really depends fundamentally on prevention of contamination in the first place. for a fresh, raw product we don't have processing steps that decisively kill pathogens so prevention is the key to safety so the point is the on farm practices in the agreement make

a contribution. >> but isn't it true that since calgma went into effect there have still been foodborne illnesses traced to the bed leafy produce? do you remember some of them? the 2008 romaine lettuce outbreak? >> that was not the government then. >> are you aware of the iceberg lettuce outbreak also in this year? was it true in nearly every case in 1999 outbreaks of food borne pathogens traced to leafy greens of all pre-cut from a package leafy greens, not whole leafy greens? mr. taylor? >> improving the safety of these products is a work in progress. >> you did not answer my question. one of the things about being in front of this committee, it is a lot easier if you answer the question. you did not answer the question. please answer the question. >> of the question is whether the marketing agreement has all the problem of produce safety, the answer is no, of course it

has an. >> isu question and i'm going to repeat it so i make sure you heard it. is it true nearly every case since 1999 outbreaks of food borne pathogens that were traced to leafy greens involved pre-quds package leafy greens, not whole leafy greens, yes or no? >> yes. >> mr. taylor does nothing just up the processing of leafy greens is a significant factor in processing is a significant factor in causing outbreaks of food borne pathogens? >> there are features that process that degrade and temperament for pathogen growth. >> is that yes or no? >> yes. >> according to the ceo of calgma the fda reviewed the good agricultural practices and metrics imposed by calgma and usda insists its marketing agreement program is consistent with the fda guidelines and regulations. one thing we of notice in the review is a lot of requirements are imposed on farmers.

comparatively less burdensome guidelines have suggested to the processes of by the greens from the former center in the men to pre-cut, packaged salads for marketing to the public. even when i look at your testimony you are still pretty heavy on the farmers side. for instance when calgma prohibits farmers from planting within 400 feet of a hedgerow on a questionable basis that while let was the significant risk of contamination calgma-- inductivity the ftaa villages has that potential for contamination. with only minimal guidance for washing and storing use to corps lettuce. there seems to be a double standard mr. taylor. is calgma's imposition of requirements on farmers but only suggested guidelines on handling zen distributors justified by the science on how to make pre-cut selleca save fur? >> the sign says we need enforceable preventive measures throughout the system from farms

for distribution and that is why the food and drugs administration will issue regulations and do exactly that. >> what about calgma's requirements on farmers as opposed to guidance on handler sin distributors? what you are saying then there is a gap. >> there is a wad of work to do to improve the safety of produce, absolutely mr. chairman. >> in fact isn't the fda's guidance for industry to minimize microbiological food hazards for fresh cut fruits and vegetables and corporate specific standards for processing and packaging and transportation of leafy greens that calgma does not? isn't that true? >> yes. >> okay, we are making progress. i can tell you how many times farmers, especially small formatives told me the usda represents everybody but the farmer. let's hope the new administration proceeds in changing that impression. next panel we are going to hear from a farmer, a lot of

criticism of calgma and we are going to hear from made survivor of e. coli poisoning related to pre-cut lettuce that she ate in 2008. as you know, usda is actively promoting the nationalization of calgma. what is the usda's position on calgma's apparent double standard in the krietzer specific if not supportable requirements on farmers while it condones questionable processing protocols that benefit the processing companies such as corn and lettuce in the field? >> we do not have a position on the current national leafy greens marketing proposal. that is before the public. it is that the very beginning of the process. the hearings will begin in september. >> what do you think? >> what do i think? i think at the end of the day the program needs to work for small producers and it needs to work for different cultural practices, regional differences. i think at the end of the day that is the only way you were

going to have the best national program. >> do you think the processing companies ought to have protocols that are protective of the consumers? >> processors, yes should. everyone has to play a part in food safety. >> including processors, not just the farmers. if kalb gura becomes nationalized there will likely be increased cost in growth for farmers as the tick mitigation measures to be in compliance with the calgma requirements. these will be both financial as well as the permits such as land that might them previously wild and into an empty lots and the associated land erosion, runoff, stream contamination that follows. with this in mind the believe that the usda should consider environmental impacts when promoting marketing agreements regulating food production? >> yes. we must consider environmental impacts. we must make sure that it is in compliance with state and

federal laws. i think the other point that you bring up is right now what farmers are facing and i just got an e-mail last night from a farmer i know in california, they are facing good agricultural practices, and sally and without the marketing agreement you are seeing buyers demanding good agricultural practices of farmers. >> let's talk about a specific issue that would matter to the processors as opposed to the farmers. is it true that the best, the best consumed by expiration date that is stamped now 15 to 17 days after the produce leaves the processing plant, while only seven years ago the best consumed by date for fresh cut produce was more like five to ten days? >> i actually have no knowledge of the best consume state. i think that maybe an fda issue.

>> we can go to mr. taylor then. she deferred to you. did you get the question? >> we are in a partnership. >> i see the partnership. >> those pez consumed dates are really a company measure. those are not a requirement in the drez product quality. >> they are company measures but is it true that the best consumed date that was stamped, right now it is 15 to 17 days after the produce leaves the processing plant, right? is that right? >> i don't personally have the specs of my disposal. >> you are the guy, you have to have them. it is 15 to 17 days after the produce leaves the processing plant but a few years ago mr. jordan, the best consumed by date for fresh produce is more like five to ten days. now, i would ask you mr. taylor to take note of that, because

what it show you that you are making, you are closing a window here a little bit on issues of safety? you are opening up the possibilities of contamination, especially if these bagged leafy greens become hot houses of contamination if there is not consistent refrigeration. >> this is where in preventive controls science bates controls are all about understanding issues just like that. what is the likelihood of growth, what are the conditions that would produce "then what is unacceptable holding period. that is the kind of issue we will need to address. >> one final question and we are going to go over to my colleague, mr. jordan. ms. pegg, calgma is silent on the selection of best consumed by dates. it doesn't require process is to reverse the trend of lungren and

lung derbes consumed by update's. isn't that right? >> i really don't know, and i don't-- >> the correct answer in this case was yes. >> okay. >> we are going to go to mr. jordan. >> let me thank our witnesses again for being here. let me just pick up where the chairman was. mr. taylor, you said you didn't know the 15 to 17 days and then what a few years ago was five to ten days. is that you personally don't know or is that something that the usda does not track and does not have knowledge of? >> i am with the food and drug administration. i don't personally know. i am confident that our experts, technical experts would have that information and we can certainly share with knowledge we have got torture. >> but, well i guess ms. pegg, would you say that the

chairman's statement was accurate, that is in fact what is happened over the last several years that that date has gone from five to ten to 17? >> i remember a lot of discussion in 2006 when the outbreak occurred but i don't know what the guidance is or where the trends have gone, so i don't have any information on that right now. >> we are going to have votes here in acuminate and one of the boats were going to be voting on as mr. dingell's legislation. give me your thoughts on that legislation because i know many are concerned about that. ms. pegg i thank in your introduction, have a background with the california farm bureau so let's start with you, your thoughts on the bill that looks like it will be on the floor here in just a few minutes. >> well, the bill clearly we support. we did support the bill and we look for looking at what the working group produces and

looking at other as they review current statutes and regulatory authorities and seeing how we can move into the 21st century. i think what many of these measures-- >> let me ask you specifically about the sum of the concerns we have heard from fox and agriculture. >> i got along e-mail last like. >> in particular your former employer at the farm bureau. do you think there will based or again recognizing where you work before you think they have some valid concerns? >> you know, what i think that we have to, in working with fda and usda we have a good partnership where we can both educate one another about what happens in the field and they can assist us in giving us guidance on food safety practices, so i think it is a good partnership. that is why i personally am, i do not necessarily can share the

concerns of my former employers. >> mr. taylor can you comment? >> the core strength of this bill is that it would have congressman dates the ships to a prevention strategy and empower fda to m4 standards for preventive controls. it will make food safer. for produce it would establish an forcible preventive controls and importantly direct fda to take into account the diversity of the committee, to take into account environmental impact. these are all factors that have to be considered in order to get it right in terms of having an abundance safe supply of fresh produce which is an important goal that we all share. with respect to the concerns of the agriculture committee we have looked at the bill very hard. now it's very much focuses fda's respect on farm activity to those areas such as fresh produce with there is going to be a science based, risk-based

justification for establishing standards so i think it is a fairly focused bill. >> the family out there who this time of year sets up this week corn stand, makes a few extra dollars, tell me the impact on the legislation of florida today or what we are talking about in this hearing. tell me how they might be impacted? >> in developing regulations for an industry that has-- >> in my background i remember dealing with this in the state house and it was an uproar when there were changes in the state of ohio on how we were going to address truck farms or whatever the title was given in the ohio code and we heard from mom and pop produce, businesses all over the state so-- >> activities like that, it is very hard to envision a federal regulation could establish a

control regime for an operation like that so again taking the command of the bill seriously we will look at where the boundaries around is a clemenceau to achieve the food safety but also do it in a feasible and realistic way. that is the command we hope we get from congress and we hope to do that. >> ms. pegg? >> i think it does bring up a lot that you have to take into consideration what happens on a different scale and i think we will be working a lot with fda on implementation and providing our experience and their guidance in that area, so. >> absolutely. mr. chairman, i have no further questions. >> we will go to a second round of questions and it should be a little bit shorter for the next panel.

mr. taylor, if you stretch out the best consumed by date on ready-to-eat produce, it is a benefit for the processor. it obviously facilitates long-distance transportation, and said the five to ten days, 15 to 17 days, the best use the i. .. but isn't a shorter best consumed by period in the interest of protecting the public's health? mr. taylor? >> well, again, the question is what do the holding conditions for that product? what's the nature of the product? you've got to have a scientific answer to that question and there's no question if you have pathogen growth potential and you're not having cold chair sort of safe handling practices

the longer you hold the product the greater risk. so i think we need a science-based answer to what's right there. >> let's look at a science-based case. in the case of the 2006 e-coli 157 outbreak that affected at least 204 people, has the fda correlated the location and date of the consumption of the tai tainted spinach and the date of illness with the date of harvesting? okay? harvested, best used by, 204 people with e-coli. you've done the correlations? >> again, i don't know the answer to that. i started four weeks ago. i can find out what investigation was done and we can brief on it and give you an answer later. >> since you don't know the answer and you just started four weeks ago and lovely to have you here, will the fard submit in writing to this committee for

inclusion in the record, a spreadsheet with that information for each of the known victims of e-coli 157 poisoning? namely, the location and date of consumption of the tainted products, date of illness and the original date of process? can you do that? >> we will provide you the information we have and we'll -- >> if you could do that we'd really appreciate that. as a matter of fact, while we're at it can be do that for all produce-related outbreaks since 1999? you know which ones they are. create a spreadsheet. it shouldn't take too long to do since you already have the information. put it in a usable form for this committee so that we can -- kit help us in our deliberations about this issue of the transportation time and the best used by date, which so many

consumers use as guidelines as to whether or not to consume something. for the one final question for each of the witnesses. mr. taylor, again, given calgamas purpose to protect public health by reducing microbiocontamination of leafy greens, quote, from field to fork, distribution supply chain, end quote, wouldn't it be more consistent with the purpose of calgma to include science-based restrictions on the packaging distribution and marketing practices of ready daush to-eat produce rather than the current near silence of lack of specific requirements on those issues? >> mr. chairman i can't speak to the scope of the permissible scope of marketing agreements with the usda but the answer to whether we the answer is clearly, yes.

>> science based? >> yes, sir. >> just to differentiate, the california marketing agreement is based on the california marketing act. we're looking at a national program and i think that to the process has was the public process to insure a final program does include all those components. >> well, i want to before conclude this i would like to go back to mr. taylor. i want to read a few opinions about the affect of the packaging used to market ready-to-eat produce. it is a quote: because of a higher relative humidity of the ready-to-eat packages the rest of pathogenic growth is higher companies to agree over for degrees will increase the rate of pathogenic growth. this is, ph.d. center for food safety university of georgia. here's another quote: that the problem comes when it leafy greens are coming home and

meditate bascom and their loved anywhere with temperatures above 50 degrees is widely known that can become breeding grounds for bacterium. the hd western institute for food safety and security. another quote: is a perfect environment for all kinds of things to grow. consumer union publisher of consumer reports. mr. taylor, is it true that all confirmed incidents of the e.coli outbreaks since 157 albertson's 1999 have been caused by pre cut package brings? >> as far as i know and the only qualification is because under of santa want to mistake.

>> this gives the fda and broad authority to regulate how crops are raised in effect it will be interesting to hear i know have a firmer on the next panel. in effect in dictating how farmers produce in their crops. is that her understanding how the legislation will work? >> there is no broad authority for fda to tell farmers had to grow their crops and there is busy with the 30 we based on science can identify commodity that poses a risk that can be addressed through preventive control measures such as the industry itself is implementing then we are empowered in the specific case to establish enforceable standards but is not a broad preventive control mandates. >> i think it properly so pointed out the problem doesn't

seem to be a tough, but elsewhere in the supply chain, elsewhere in the processing of our transportation or what have you. not with -- that is my concern, a former those have to produce crops and less on overburdened the guy producing the food, less arlen i go out there and make it difficult for the mom and pop to work setting up the wagon and selling sweet corn to the members of the neighborhood. but we know how government works. look, we were told last year that we're going to invest have one small bailout. the promise there will be one bailout and the sting on grow and we don't want to get in the private sector like this but we've seen what's happened in the financial industry alone live alone with the auto industry saw the sun at with great intentions but we know the pattern of government and what typically happens so that's my concern. and and frankly in large view of the chairman's concern and certainly was opposing

agriculture their concern because they just know the nature of government. it is tough enough provokes an i.r.a. voted to do with state department and other regulatory agency let alone big brother in washington telling us how to run the farm and business. so that is my big concern and will continue to watch this whole process relative to the bill and issuance regarding the committee. with that i yield back mr. chairman. >> we are going to go to one more round here before we go to the next panel. here is another example of something farmers have a problem with. in calgma identifies a number of sources of potential pathogens of finance for cert. these include birds, parrot pigs and other wildlife as well as cattle. to comply they're paying for measures such as the building of hard punches for wallop of the signs heimlich includes the wildlife and was a likely source of contamination.

let me go over that again, the science is of a conclusive, that one life is to let mrs. of contamination in the 2006 spinach contamination. isn't that so? >> in the 2006 and to lay in the and a plank there was maybe fda can speak to this but there was concern about what life in that outbreak fed did occur. wild pigs was in question. >> , what is concerned is evidence based or is it conjectural? what is the basis of that concern and was a conclusive or was it conjectural or was it signed space? what was it? >> maybe you can speak to the investigation, but if you have been to the rally ended the region. >> i've been to salinas value. >> okay, there is that area that is known as someone live activity. now, the california lacings of

human bustle and other potential risks and that also do not rank of life as high risk or low risk. >> in order to facilitate this hearing i would like you to supply to this command in the information about the basis of your statement that while i was somehow connected with this. i'd like to see some scientific back above that. >> i will get it. for the 2006? >> exactly. leafy greens feels a parsippany to cavil is a high-risk circumstance her e.coli contamination. does it make the decisions between high risk circumstances and laura risks such as the presence of from or other wildlife that is before priority rise, in other words,? high-risk circumstances well depressurizing low-risk circumstances?

>> em leavitt says. >> is it true that all forms have to eliminate repairing areas hedgerows of a then calgma sissons of the crop edge? >> come on positive on that france best practice canada and went to to look at the slot on the screen, this up with the slide. on the aerial photo above was taken before a calgma, you can plainly see a strip of green between several fields or in trees and hedges are and where birds and take shelter. look at the aerial photo after calgma, here you can plan is the that the strips of trees has been eliminated with no well life. is it true ms. pegg ever require the timing down of those trees? >> i don't know if i can speak to them because i don't know if there are spar for participants or if there are buyers which is -- this is been injudicious.

we have discussed this since 2006 is that how you deal with are the real risks are not and i was talking to fish and game ended as a big issue. >> this makes sense for usda to advocate for a process or framework requires all farmers to spend heavily to prevent always given such as contamination by wildlife for the higher risk of a rare circumstance proximity to cattle and unknown risks associated with processing leafy greens errors american contributors to the problems calgma is to address. >> any program is a look at high risk for some florist red and think what we are looking at in terms of any program is looking at all genes in the process and how to reduce the risks. >> who should pay for compliance with calgma? the farmer, the processing

industry, should the cost shared? >> under a marketing agreement i believe they propose prefer an assessment of the handler pays to cover the cost of the marketing agreement. >> blueprint is with the measures adopted to comply with calgma? >> and thing for the california marketing agreement that is the per carton assessment that pace for at. >> farmers? >> their handlers and a torso handlers pettitte. >> farmers? i think we are completed with questioning of affairs panel. we will be in touch with you regarding the follow-up on questions of gas and we appreciate your cooperation in your presence and said. those buzzers that you've heard other reason why i am going to have to reassess this meeting until after votes.

and we're going to come by the second panel and take testimony from those here to talk about their experience. i want to thank the representatives of of the fda and usda for being here, and look for to working with you on the issues so that we can help the consumers across america on the more confident in the safety of our leafy greens packaged foods. they derive much. the committee stands in recess for a half hour. we're going to vote and be back in about a half-hour. [inaudible conversations]

[inaudible conversations] if uribe can and just want to make knowledge the work of our stuff on both sides who have held with this hearing. we appreciate your work and to make it known that we have one of our staffers, charity, who has done a lot of work on this issue cannot be here today because of an illness. we look forward to her return but she did a lot of cray research and i just want to a knowledge that for the record naturally. so thank you and we are going to go to our second panel of witnesses. and now it's like to introduce them.

we will start with ms. cobb. she is a survivor of e.coli poisoning and has come here today to share her story with the. and her husband, matthew, service and the nav is since marines. and their parents of two young children. in mr. scott -- mr. horsfall is chief executive officer of the california leafy greens marketing agreement marketing board. he has served as chairman of the yen stays agricultural expertise council, a member of the average social trade adviser committee for freedom vegetables, and past chairman of the produce marketing association's international trade conference.

wellcome. he is a farmer and a member of the committee alliance for family farmers. the and is also the founder and president of coke from, and produce produce shipping company in san juan bautista, california which represents local california organic growers and selling throughout the u.s. and canada. he is also a primary in a diversified the organic farming is done benito california counties. the sixth generation of his family born in california to work in agriculture pioneered the spring mix lettuce and was instrumental in developing this markets. ms. smith-dewall -- is that the right pronunciation? wellcome, ms. smith-dewall is in the director for food science and public interest.

where she is a living consumer analyst on reform and regulation governing the safety. since 1999 she has maintained in a newly published a list of foodborne illness of breaks aureus buy food stores that now contains over 15 years of public reports and has presented at numerous conferences. she is co-author of the book, is our food save? a consumer's guide to protect your help in the environment and offered numerous papers on to save you. i want to thank the witnesses for their presence here today. is the policy of our committee on oversight and government reform to swear in our witnesses before they testify and i would ask the chair rises, raise the right hand. do you solemnly swear or affirm to tell the truth, the whole truth and nothing but the truth?

thank you rami. let the record reflect that each of the witnesses have answered in the affirmative. i ask that he's given oral summary of his or her testimony. i was like to see that you keep that summary maximum of five men said duration. in the testimony you want to add beyond that you're entire salmon will be in the record anyone to send to this committee and a few days will get it in the record as well. or a complete written statement will be in the record. ms. cobb, welcome, i was like to hear from you as our first witness then it would you please began in before we started to pull the microphone closer because we want to make sure we hear everything so thank you can i. >> in may 2008i was a busy mom, we were in washington visiting family from california -- can i

am going to interrupt and ask the staff to take the responsibility of making sure that the microphone is close enough so that the witnesses can be heard. and frankly i don't want to have to bring that up in a hearing again. >> teeone need to start over? >> you have a very soft voice and is importing need to hear which you're saying so wanted to begin at the top. >> in may 2008 and was visiting as a sam home mom is a my children. we were visiting family in washington from california and there without my husband because he is serving as a marine and i reckon the second time. on may 10th my mama and by me to go to a banquet dinner, a little to that now by accepting

her invitation out be changing my life forever. that night i a salad contaminated with e.coli and my mother, my children and her friends with us happen to sit at the same table. i just happened to pick the see to that was contaminated. my children went there with us and my son was on my lap and luckily he did not eat brains at the time on may 10th i was getting ready to try by to california and went to bed with a stomach ache and woke up on may 16th with diarrhea and the most painful stomach pains that occurred every 10 minutes until my still turn to blood at about 5:00 o'clock. i then proceeded to go to the our when they said i had a bacterial infection. i went home and was unable to hold down water, the medicine they gave me and i returned to the hospital. two days later i was told i had the e.coli and that was the

cause of the illness, that it wasn't the bacterial -- not what they thought. i was discharged from the hospital only to return a couple this letter because it developed a condition and was told that time that my kidneys for only functioning of 50%. and was then started on the cycling of my blood and put in the new stuff. over the time those in the hospital i have over 50 bloods was, too little sounds, and cats can, the colonoscopy seven, idps, a center line and my neck and 80 units of plasma. both my husband and my father were in iraq at this time. i had to send a red cross to my husband to let him know that what was going on, he was unable to come home. i had the kids, i was in the only caretaker with him being

gone someone mother took over the responsibility and set up child care while she was at work. they came to see me at the hospital every day and demand to know why i wasn't able to go home with them. why they couldn't stay with me. it never so young that they didn't understand what was going on. a there's several times of that i didn't think i was going to make it because of how sick i was. i remember on monday i think was the 28th i had an allergic reaction to some pain medication that was given and i got intense chest pains. i remember blacking out and not really knowing what was going on and i honestly thought i was going to die right there at the hospital bed. my mother was at home with the kids and my father and husband and four in the rack and i would not be with him and the market with that i was able to really

focus on what they were telling me. they demand other medication to help with that reaction. from that incident, the e.coli analog great in the produce that i can see being washed myself. i have gone to restaurants and ask how they prepare their salads. i cut everything -- i clean everything from a bag of it lettuce to a watermelons because when you cut through it is both a your fruit. but the time i have with my family means some as much to me now because i know that anytime and can be taken away from the. i am honestly surprise with how sick i got that i am here today. if any thing i would want the party is that paul and mike particular case to know that's basic me with my kids for a few weeks and that is the time they

will never get back, my son was one, he developed every day i was gone. he came to the hospital say new words every day into in these things and i felt the pain, i can't describe the pain i was in because i don't have a comparison i could give to your. i would rather -- i sent out rather break bones and then go through that. i would rather have a broken on the go to the pan and fell with e.coli because i don't have a comparison to have to lay give to you on glen feliz. it can be their family, it could just as easily have been one of my kids and had it been it would have been devastating when i went through. can i thank you very much for coming here to testify. we are certainly going to be having some questions when we go to that face of this hearing. at this point out like to ask

mr. horsfall to proceed from five minutes. thank you very much, before you proceed i want to welcome some of our visitors here from china. thank you for being here so please proceed can i thank you and good afternoon chairman kucinich and a ranking member jordan. and happy to be here. i'm always happy to talk about our program. a look into my statement. i would express to ms. cobb that what she went through this not fall on deaf ears and an industry. shortly after i started this job the usa today ran a recap, it was a year after the original outbreak and they presented the story is of a four or five people who had died because they a spinach and i know because i work with this industry that they take that to heart.

there are trying to do everything they can do so that there aren't more victims said that we can reduce the risk as much as possible. leafy greens marketing agreement was established in 2007 and is a mechanism could simply for verifying to mandatory government audits that farmers of the leafy greens polo rigorous whose safety standards. we are an instrumentality of the state of california and operate with over seven the california department of food and agriculture. although the leafy greens industry hanoi's prioritize whose safety in the aftermath of that a brick in 2006 farmers and shippers and processors recognize of our effort was needed to protect public health. the question was how to read and a lot of the approaches were looked at including regulation that the state and national level marketing orders and marketing agreement and the decision was ultimately made to

go with a tool that was most readily available was a marketing agreement, it is a voluntary organization but does have the force of government behind it and members when they do to nine it is mandatory they follow the rules of the program. and the idea was to use the marketing agreement as a flexibility to change them a program as a gandy research and as you talked already this morning we are keenly interested in research is being done seeming the program better. that flexibility is one of the key benefits of a the lgma structure. in our program is focus on prevention, and prevented the introduction of pathogens into leafy greens fields and farms. we applaud the obama administration and the president's views if you working group for their focus on prevention and improving food safety. on july 7th in their press conference we're happy to hear vice president biden and health

and human services secretary sibelius' talked about prevention as number one. oss to talk about where our metrics came from as a the lgma was developed there was a parallel effort to create is that a visit to practices and standards. sometimes referred to as good at apprentices are metrics ever developed by university industry scientists as well as other the safety experts and farmers and shippers and the standards were reviewed by fda and usda and other agencies. they carry the major risk areas that have been identified by fda and other experts and practices include careful attention to from history and proximity to an operations and a purpose as for irrigation water and other sources of water, prohibition of rahm and your and the use of a certified safe fertilizers and, of course, could employee hygiene infields and harvesting.

our members are subject to mandatory audits by the california department of food and agriculture to ensure that our income plaza the program and those of a tourist or usda training and a process that uses a u.s. deacidified on a process. and members face penalties if there noncompliance up to and including to acidification from the program is to lead to serious significant economic repression is for the country and from july 23rd of 2007 will of riss began on a thing we have done over 100 government audits of armbrust. and as continued to the day as you speak. we all know that maintaining a crusade to vigilance is crucial to the future of the produce industry and baller is still very much to do and not done i believe that the leafy greens industry is doing more to provide a safe whole sum the list as prime now than ever have

before. to think very much. >> thank you very much mr. horsfall. mr. coke, you may proceed for five minutes, thank you. >> good afternoon, kamen -- chairman kucinich, thinking for and invited me here today. i have been not to address the impact of california's leafy greens metrics of farming practices. for growers in california this estimated that the economic impact on the order of about $18,000 per year on average per farm the higher for larger farms and possible less for of smaller firms, growers have to, of course, to do testing of water, fertilizer, soil and anything else that goes on to the crop. you have two documents all of this, you have to be aware of animal incursions', pay

attention to vegetation and also provides some kind of traceability. traceability is not such an issue from growers like ourselves, organic growers had to do, they have to trace products for years and there is also prohibition against manure years for organic production. for years and compost and there is no sewage sludge or other kinds of toxic unocal's you use but organic growers are facing significant issues with the push for the regulators who have to ban wildlife and on crop vegetation with things like a windbreaks and habitat which are things that i suppose to be encouraged bioorganic was that pertain to maintaining your acidification.

the environmental impacts often vary depending on in the inspector and his interpretation of the metrics. there are certain companies that use their own metrics called super magic in the industry, while london on crime vegetation and water bodies were normally viewed as food safety risks. a lot of environmental appositive projects have been abandoned by growers who have been president with a loss of the ability to sell their crops. windbreaks, vegetative the tailwater reservoirs', grass to grow waves and rigid and agitated ditches have been removed to comply with the inspectors that come onto check on them and the crop year in many fields have here and pick fencing but some also have from

the end of rodent fencing even though those have not been found to be a director of pathogens pearson of the fields for the figurines used traps, poison traps for rodents and secondary poisoning of owls can occur with this. and a lot of these practices are more based on the process having problems pulling them out of the harvested crop because of the nature of the harvest of the crop then it has to do with practically this has been a big step backward, started to move toward them firms and there is a lot more money and time that farmers have to spend to comply with these metrics and giantess. the majority of the disease related outbreaks that are associated with leafy greens

comes from the brink of process products and there is some kind of failure during that process to make ready to eat in order to make a clean enough so that you don't have the pathogens and processors 10 to find to feels as been issues. it is critical for farmers to grow ciro crop and an open field. you do have a, we have always had employee hygiene and are concerned about our compost and we don't use manure. retest of water and fertilizer as many farmers do just to make sure that you i'm not proud of the problem. leafy green farmers are now in the enviable position of having to pay for and comply with a roster of fun proven safety metrics in attempted to grow pathogen free crops and being

held potentially liable for them. the california leafy greens marketing agreements is main steps in the right direction and think for the process product that should be representing. i don't know that marketing agreements signed in a proper way to provide to 60 be of staten national. that are in my mind is something that focuses on marketing products rather than on actual conditions of growing product. this being said, if this were to be moved in that direction, is the focus on one is just on processed food urine produce a lot of impact and a lot of farmers said done tomorrow we figurines that go into banks and the day with three a the focus

was osama process of review could exempt them and i now and i was there when they started having the meetings to decide about them in california, they include a specific decibels and i asked why those gorgeous including a few vegetables. there was no answer because they didn't differentiate whether it was a whole head or a bunch of products, it was just people include these vegetables and the only reason i can come up with this is something to enhance their competitive edge because it gives them a marketing advantage if you need to adhere to the metrics and kind of raise the bar and farmers might not able to make that. >> i want to thank the gentleman for his testimony, your entire senate will be included in the record as someone who has been so involved in the development of this industry we appreciate your presence here.

the chair recognizes ms. smith-dewall for five minutes and after your testimony we are going to go to a round of questions of the panel. you may proceed kim and thank you very much, jim kucinich and also representative jordan appear to my name is ms. smith-dewall, and durant the visit of a project for the center for science and the public interest. it we have concerns about the increasing use of marketing orders as a vehicle for regulating safety. 15 different agencies administer and 30 different laws that regulate food safety in the u.s. today and marketing orders really represent a further fraction in of this already widely writers system. foodborne it, breaks into fresh produce are among the major public health problems when it comes to food safety and it fda

and sali, among the top food categories along with beef, poultry and seafood that cause of both outbreaks and illnesses. in addition of the average size of outbreaks linked to produce tens to be larger and so they tend to affect our people and the importance of robust and reliable food safety practices on the farm cannot be understated. the feedgrains was contaminated can support grow and spread pathogen's until they are consumed. chlorination and other post harvest controls can help reduce crop contamination is alan for example but they don't make contaminated products that comes in from the from contaminated to the safety to. in practice scientists have shown how bacteria can inhabit the washing systems used for a bag of lettuce and transfer

bacterium from the contaminated lot onto a full day's production of leafy greens of salisbury and wallet fda has jurisdiction over the food safety it really has not acted as an ineffective regulator and they have been using for in is the best 10 to 15 years the concept of guidance unenforceable guidance to the industry is set of regulations, but they have since of enforceable rules leaves a significant home in the fabric of food safety and even encouraging the industry to a standards of its own design. the agricultural marketing service has served as a friendly regulator of choice when food safety problems arise n the food industry can track of their own rules, marketing orders were agreements to best suit their

needs. but it is not equipped to monitor the safety of food. the primary focus is with the promotion and food products. in end of the mechanisms that it uses of a limited in terms of their geographic scope and often they're completely voluntary because of voluntary systems and farmers have to remain in the handlers have to agree to supply. so there are limited to u.s. companies and sometimes limited to companies us in this in california and this is particularly troubling when you consider that consumers, 13 percent of our diet is from imported produce such a huge amount of produce is never going to be subject to the marketing orders. and ims of overseas marketing orders for 22 to bring commodities including things like allman said shell eggs and these programs can really instill a false sense of

security both for the industries involved and for consumers. because of a really our quality programs, not based on safety. but given in the absence several making an fda, in is not really surprising that in the aftermath of the 2006 spinach outbreak the leafy greens industry turned to ams to create a stronger roles. i just want to know to that the standards really to create uncertainty and they give rise to the private standards which have and to leave the complaint of many other growers today. the cars today are saying these salmon is hard to burn and some but let me be clear, these are mandatory standards, that are not fda standards, they don't apply to imports so it is critically important that we actually get a system in place that will protect the public. the food safety enhancement act

which is before the house of representatives addresses this issue head on. requires fda to consider both of food safety and the environmental impact and promulgating regulations for food production. it requires the status to take into account small-scale and diversified farming, wildlife habitats, conservation practices, watershed protection and organic production methods, this is all in the legislation that is before the house. this provides inappropriate focus on public safety, it is the farmers and consumers in both an opportunity way and on the sanders which we don't have today with the amf standards and the would pretend this sustainable and organic farming communities that we all value. these of the type of sanders that consumers cannot live without. thank you.

>> thank you very much. by the way an update to the bill that was voted on did not receive the required two-thirds vote so and of going back for some work and some of the concerns expressed by members who voted against it is their concern about the life of the bill on organic farmers so i think that the center which endorsed the bill news to take heated of the concerns expressed and i think if we do that perhaps the bill can come onto the floor and we can see it passed. thank you. well, that means we will have five minutes each of us for questions. hold on and minutes.

>> [inaudible] >> there really does mean we should move this along -- i just want to thank ms. cobb, how are you feeling by the way? >> i am fine now. >> how long ago was this? >> it was may 2008. >> and have you found any after a tax other than the veteran not keen on the name those products to and no, there is no -- i am at a higher risk of cardiovascular disease later in life and in your and type of issues coming urinary tract, but as of right now i have had none of that since that same summer. >> we're glad you're here, i think people, their knees to be a public face of some money who

has dealt with this then you have to elevate and then it takes courage to become before a committee to come here. the other thing i want to know is when he began his statement i was impressed then to send that to her testimony doesn't fall on deaf ears. that was a real, when i saw his ana unrehearsed response to hearing when she had to say and i wanted to know i appreciate that because sometimes we get people who come with a sore that can be difficult and the individuals who may have some responsibility generally in that area seem to be a passive about it and you show some concern and i think that's speaks well. and like you to address the concern about some of the magic's and the arbitrariness.

you're on the chair must find that the adjacent land to field of grain must be freed from compost operations within 400 feet of the crop is a recurrence of the adjacent land free from raising to the lands domestic animals within and 30 feet of the crop bed to end it was a justification for allowing domestic animals to be closer to the compost operation? >> the lgma program, the magic's are based entirely on risk assessments and i think that is in keeping with fda guidance and i'm getting to that. the compos operations are considered to be a very high risk situation in terms of pathogens and we also have a significant of prison since there is a confined animal

feeding operation rehabing number of animals and risk in a field and that also requires. >> two have domestic animals closer than in compost operation. >> because the risk assessment tells us that there is a lower risk involved if you have animals on a farm chemical let's look at the 2006 incident and is in its true that they had the contemn is and is less than a couple hundred feet per domestic animals save themselves. >> and tone of that pressure to make let's check in and see if we can look at that and may become to some kind of conclusion and there is any contradiction isn't it true that on the shares would not today find any problem with guns and is intended for the ready to read market growing a couple hundred feet from the land where cattle graze exactly the condition is present in the 2006 innocents. >> it would depend on the number of cattle that were there and i don't have those numbers in front of me, but in that

particular case the final report as i recall, the feces that was one of the same fingerprint was over a mile away to imagine it will be tougher on the process? >> i think processors and vicodin just that and they're under the jurisdiction of fda. >> we are looking at possible nationalization of this. should it, nor be tougher on the processors? we have heard testimony here and what you think? could should that calgma be tougher on the process? >> i think the processors need to be regulated just as heavily as cars do and that regulation and believe is in place for fda. >> appreciate that. i want to do one more question

here. mr. coke, your are the father of this premixed packets leafy greens at and increasing portions and million health contribution. but you're also a critic of the ready to use industry and, in our opinion, is there a way for the american public to get the convenience and health benefits of pre cap pad is festivals' the harm he mentioned in your testimony? just a point of clarification developed the concept of a spring manx i never put in bags and was never ready to eat, it was a field from products, it was a wash, cool the impact into a 3-pound boxes but it wasn't, it annoys has serious reservations about how the product was displayed in and then didn't ever want to go into. >> would be the long-term results, in our opinion, on the

environment and calgma is nationalized in its current form? >> i think it will apply to many growers of lettuce and cabbage and kale and the things that are traditionally harvested as whole as or a bunch of items because they don't make a differentiation and the singers have had in the upper ranks associated with them, they often have a kill set up a suzanna because people, before they need and seymour boil them. >> i have some follow-up questions to ms. smith-dewall which we will put in writing in go now to mr. jordan. >> thank you mr. chairman, i will be brief, ms. cobb, thank you for being here, how are a little ones doing? >> yes, matthew does and remember, he was too young and the. still remembers and will talk about when i guess it from a salad. she knows what it was from and for a while to tell people not

to be afraid of a blood machine because he was coming when i had a transfusion but they are doing well. >> them also think your family for their service to our country. thank you for being with us. where is your home stake. >> my home state is washington. >> mr. horsfall, the program is completely voluntary. is that right? 120 placebo represent coming off a website, 120 and dealers there are all volunteers of those who joined? in the wind is the assessment how that is determined? >> we assess our members based on the volumes they ship, a penny and a half per 24 account equivalent box. >> i want to be clear, are big producers part of it or these

other people, the farmers part of the organization of the folks to take a farm product and package? >> our members are handlers and other people who put products into commerce and the majority of them are growers as well. >> so some are both and producing products and handle so right from the field to the operation can be run the same time. >> and they sell to each other as well in the industry. >> and since you have come into existence which was 06 or 07 have there been any outbreaks of a e.coli or problems? >> there have been in a brace that have been reported. i don't believe the health authorities have conclusively finished their investigations dance to say where product got contaminated but there was a small opera in washington state that ms. cobb was affected by it unless we there was in the -- can i can you definitively say

we've seen an improvement in the that there has been less problems since your organization has been formed or has that been anyone's guess? >> the answer is, yes,, if your people have gotten sick tied to lettuce and leafy greens then it the to a three years before that, but as soon take that as a match shrek. i think we still if anybody is getting sick and we still have to figure out how to make a program better and that is where the research comes in. >> are you a farmer and a handler, are you part of this organization operation? >> i am not. there are two different entities no one is a sales shipping company and the others farming company in the contract with a handler that a signatory two that and may grow some crops

cilantro, dylan and parsley in this case for inclusion in the south and that they want to be going under the metrics so we do that pareve and otherwise we have a divorce crop mix. there are only a few things that would be considered leafy greens and i have resisted because i think the principle is wrong of this agreement and so i did want to, it has cost me the ability to sell into canada because the one set province even though we are organic and test soil and water and one except product that is not a signatory to the marketing agreement and i prefer not to go there, ellis opened as something would become a little more logical second focus. >> the country boy from western ohio who didn't vote on a form of live on my wife's family's

final piven seems to me that the problem is you think about province has grown close to composting, i can remember when they spread manure on the field. it seems to the problem has to be after the provinces taken out of the field. maybe i am just a country boy and the product has gone issues and the slides you showed about the bag to, it is a great concept to give people something that is ready to eat but as a perfect incubator, how can you keep that if you cannot sterilize and though pathogen and a break the cold chain customers a the other car and driving home it is potentially the difficult issue become a province to get to market safely i think. >> we have to vote, thank you all. i'm sorry we didn't get a chance to get to you all. >> i want to thank mr. jordan and the witnesses for being here.

i'm dennis kucinich, chairman of the domestic policy subcommittee and mr. jordan is ranking member come are hearing has been ready to you or not, examining the impact of the leafy greens marketing agreements. we have had to panels, the testimony has been imported and appreciate your participation. this committee stands adjourned. thank you. [inaudible conversations]

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