Editor’s note: For more coverage of the topic of government regulation of the food industry, check out the August issue of QA.
WASHINGTON — U.S. Senators Dick Durbin (D-Ill.), Judd Gregg (R-N.H.) and Richard Burr (R-N.C.) have introduced a bill aimed at improving the way the Food and Drug Administration (FDA) protects the safety of the nation’s food supply.
If passed, the FDA Food Safety Modernization Act would give FDA new authorities, tools and resources to comprehensively reform the nation’s food safety systems. The bill is also cosponsored by Senators Tom Harkin (D-Iowa), Chris Dodd (D-Conn.) and Lamar Alexander (R-Tenn.).
“It’s clear these are not isolated incidents and are the results of a food safety system that is outdated, under-funded and overwhelmed,” Durbin said. “Today’s bipartisan bill will close many of the gaping holes in FDA’s food safety authorities and help to ensure the food on our store shelves is safe.”
The new bill authorizes new, science-based standards for the safety of produce; increases the frequency of inspections of all food facilities; establishes a new pilot program for tracking and tracing-back fruits and vegetables in the event of a food-borne illness; and by gives FDA mandatory recall authority in the event a company fails to recall a product at FDA’s request.
The bipartisan bill focuses on four key areas: food-borne illness prevention; food-borne illness detection and response; food defense capabilities; and overall resources.
Hazard Analysis — Domestic food facilities are required to evaluate potential food safety hazards (such as pesticides, toxins, etc.) and implement preventive controls to mitigate the identified risk and prevent adulteration.
Produce Standards — FDA is given the authority to set commodity-specific standards to improve the safety of fresh produce.
Imports — Certification from exporting countries that high-risk food meets U.S. food safety standards. Importers are required to verify the safety of imported food. FDA is given the power to qualify importers for expedited review and importation of food if importers go above and beyond basic standards to ensure the safety of imported food.
Third-Party Inspection and Labs — FDA is given the authority to establish an accreditation system to enable qualified third parties to certify domestic and foreign food facilities’ compliance with U.S. food safety standards. FDA is empowered to recognize laboratory accreditation bodies to ensure U.S. food testing labs meet high quality standards.
Surveillance — Enhances food-borne illness surveillance systems to improve the collection, analysis, reporting and usefulness of data on food-borne illnesses.
Traceability — Requires the establishment of a pilot project to test and evaluate new methods for rapidly and effectively tracking and tracing-back fruits and vegetables in the event of a food-borne illness outbreak. Also provides for expanded access to records in the event of an outbreak.
Mandatory Recall — Gives FDA the authority to order a mandatory recall of a food product when a company fails to voluntarily recall the product upon FDA’s request.
Suspension of Registration — Empowers FDA to suspend a food facility’s registration if there is a reasonable probability that food from the facility will cause serious adverse health consequences or death.
Directs FDA to promulgate regulations to assist food companies in protecting their products from intentional contamination, and calls for a national strategy to protect our food supply from terrorist threats and rapidly respond to food emergencies.
Increases funding for FDA’s food safety activities. A portion of the additional funding proposed in the bill will come from targeted fees for domestic and foreign facilities.