The Food Safety Enhancement Act updates food safety laws to improve the Food and Drug Administration’s supervision of the nation’s food supply. The legislation requires more frequent inspection of food facilities, improves inspector access to plant records, and orders facilities to develop and implement safety plans to identify and protect against hazards. The FDA is to establish minimum standards for the safety plans. The bill compels all food plants to register with the FDA and pay an annual $500 fee which, along with fees for food inspection and recall, will help pay for the expansions of oversight included in the legislation. Along with other measures that enhance the FDA’s ability to prevent the distribution of unsafe food, the Food Safety Enhancement Act authorizes the agency to order food recalls of products that may cause adverse health consequences or death. Finally, the Act makes food origin easier to trace, improves oversight of fresh produce and imported foods, and boosts penalties for violations of food safety laws.
The Middle-Class Position:
Middle Class Supports. The outdated, overstretched, and underfunded food safety system continues to put middle-class consumers at risk. The Centers for Disease Control and Prevention estimates that there are 76 million cases of foodborne illness in the United States each year, resulting in 325,000 hospitalizations and 5,000 deaths. The Food and Drug Administrations is responsible for overseeing 80 percent of the food supply. Yet, much of this food never passes under the watchful eye of an inspector. While Department of Agriculture inspectors visit meat and poultry processing plants at least once a day, FDA inspectors average an inspection visit to a food facility once every ten years. Further, the current food safety system is reactive: current regulations mean that the agency springs into action only after an outbreak of illness. Recently, 691 individuals were sickened and 9 died from an outbreak of Salmonella in contaminated peanut products while health officials struggled to determine the source of the hazardous food.
The Food Safety Enhancement Act would modernize the food safety system to protect middle-class Americans who are increasingly concerned about the integrity of the food they eat. More frequent inspections – at least once every 18 months for high-risk facilities – and expanded access to records during these inspections would keep food plants honest, while the requirement for each facility to develop a food safety plan would shift the emphasis of the food safety system to preventing outbreaks of foodborne illness. More detailed descriptions of product origin will assist efforts to stem outbreaks and the FDA’s mandatory recall authority will be a vital tool to ensure that the public is protected if an outbreak does occur. The collection of registration fees adds an important source of funding for the expanded oversight activities. The Food Safety Enhancement Act will help make middle-class families safer and reinspire confidence in the food safety system.
From the Experts:
“The new legislation provides a new framework for FDA’s regulation of the food supply that will deliver many benefits to consumers. We believe that these new authorities will help reduce the incidence of outbreaks and recalls, and over time will help to increase consumer confidence in the food supply…It is time to move forward with strong legislation that will prevent outbreaks by requiring safety to be built into the processing of food. We believe the Food Safety Enhancement Act is such a strong bill.” –Caroline Smith DeWaal, Director of Food Safety, Center for Science in the Public Interest (June 3, 2009)
“The global distribution, intensive production, and rapidity of transport of our food supply are markedly increasing the challenges faced in ensuring its safety…Laws, policies, and, to be frank, philosophies developed decades ago no longer suffice to successfully meet these new demands. [The Food Safety Enhancement Act] is therefore a critical step in reviving the food-safety capacities of the FDA and giving it the authority and resources necessary to accomplish the goal of maintaining the safest food supply in the world.” –Timothy Jones, State Epidemiologist, Tennessee Department of Health (June 3, 2009)
“[The Food Safety Enhancement Act] would indeed transform our nation’s approach to food safety from responding to outbreaks to preventing them. It would do so by requiring and then holding companies accountable for understanding the risks to the food supply under their control and then implementing effective measures to prevent contamination.” –Margaret A. Hamburg, Commissioner, Food and Drug Administration (June 3, 2009)
Beyond this Bill:
Though the Food Safety Enhancement Act does much to modernize the country’s food safety system, additional steps would strengthen protections for American consumers. Inspections of food safety plants under the FDA’s jurisdiction could be modeled after the USDA’s strict inspection regime. Stronger legislation would also require mandatory reporting to the FDA of any testing results that showed contamination in food products. The registration fees authorized by the legislation should by no means substitute regular – and, indeed, increased – appropriations for the important functions of the FDA.
Finally, though the legislation is unclear on the preemption of state law, the Food and Safety Enhancement Act should not undermine state consumer protections that are stricter than those of the federal government.
Number of cases of illness, hospitalizations, and deaths, according to the Centers for Disease Control and Prevention, that are caused each year by foodborne disease: 76 million; 325,000; 5,000
Percentage of consumers that said they were confident that the food supply was safer than a year ago after the January 2009 salmonella outbreak: 22.5
Average frequency of the Food and Drug Administration’s inspection of food establishments: Once every ten years
Number of countries the typical American meal includes food from: 6
Number of Americans and Canadians sickened and killed, respectively, by Salmonella-contaminated peanut products from the Peanut Corporation of America between September 2008 and March 2009: 691; 9
Estimated annual cost in medical expenses, lost productivity, and pain and suffering due to foodborne pathogens: $357 billion
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