Tomato Growers Seeing Red

As the weeks passed, tomato growers became increasingly critical of the investigation.

It's not feasible for growers to legally challenge the government for their losses -- and the investigation isn't yet over -- but they hope Congress will help.

Rep. Tim Mahoney (D-Fla.) is sympathetic to the $1.3 billion tomato industry, as are other members of the state's delegation. He introduced a bill July 24 that would compensate growers and packers for losses up to $100 million. (Florida growers supply about half the nation's fresh tomatoes annually.)

"There should be some compensation," Mahoney said. "They have done nothing. They shouldn't be held accountable. You have indicted an entire industry and left doubt that it's okay to eat tomatoes.''

Bill Marler, a food-safety plaintiff attorney with Marler Clark in Seattle, said the push to exonerate tomatoes may be premature.

"Everyone empathizes," Marler said of the industry's losses. He cautioned that imperfect information may have implicated tomatoes, but "we would ask for their heads on a platter if it was tomatoes.''

There are other policy questions about penalizing agencies for their conclusions in the course of an investigation.

"You can't have public health people fearing liability," said Michael Taylor, a research professor at George Washington University's School of Public Health.

Taylor, who was a top food-safety official in the Clinton administration, suggested preventative measures and more efficient investigations.

''The government should mandate a set time period to provide answers to questions of where the produce came from," he said.

Tomato growers think they have a case for compensation from Congress since they don't qualify for other aid programs.

For example, the U.S. Department of Agriculture runs crop-insurance programs that cover disasters from floods and hurricanes, but not crops ensnared in recalls.