As FDA begins the process of implementing the Food Safety Modernization Act (FSMA), the U.S. Chamber of Commerce 20-member Food Safety Working Group has submitted to FDA Commissioner Margaret A. Hamburg, a letter outlining a framework of principles to guide the rulemaking and makes three key points:
- the FSMA was enacted, and federal power substantially expanded, thanks to the efforts of the business community (including the Chamber). Among other things, this sinks the narrative of certain advocacy groups that business and the Chamber are reflexively “anti-regulatory.”
- the Obama Administration’s Executive Order and the Regulatory Flexibility Act mandating regulatory flexibility and sound science must be integrated into every aspect of the regulatory process. The FSMA rule-making will test whether this Administration is serious about regulatory reform.
- the business community is eager to collaborate with FDA and pleased that FDA seems genuinely interested both in what we have to say and in implementing the law in full accordance with Congressional intent. The FSMA rule-making could end up as a paradigm for a better and more effective regulatory approach.
"We understand and fully appreciate the scope of the task facing FDA as it implements the FSMA and look forward to working with the Agency in a constructive and effective manner as the process moves forward," the letter states in part. "To that end, we urge the Agency to integrate and apply the principles of Executive Order 13563 and the Regulatory Flexibility Act (“RFA”) in every step of the FSMA guidance and rulemaking process. We believe Executive Order 13563 and RFA together provide the tools and principles needed to modernize the food safety regulatory system in a balanced and cost-effective manner, consistent with Congressional intent.
Executive Order 13563 provides, in relevant part: 'Our regulatory system…must identify and use the best, most innovative, and least burdensome tools for achieving regulatory ends…each agency must…propose or adopt a regulation only upon a reasoned determination 1 See 5 U.S.C. §601 et seq. that its benefits justify its costs…[and] tailor its regulations to impose the least burden on society.'"
The Food Safety Working Group includes representation from the American Bakers Association , American Farm Bureau Federation , American Feed Industry Association , American Frozen Food Institute , American Peanut Council , The Coca-Cola Company , Flavor and Extract Manufacturers Association of the United States , Food Marketing Institute , Grocery Manufacturers Association , International Dairy Foods Association , International Association of Color Manufacturers , National Confectioners Association , National Grain and Feed Association , National Grocers Association , National Renderers Association , Pet Food Institute , Produce Marketing Association , Snack Food Association , United Fresh Produce Association , U.S. Chamber of Commerce
The full letter is available at USChamber (pdf).