A number of bills have been introduced in Congress that would give FDA the tools and authority it needs to keep our food safe.
The House bill, H.R. 2749 (Dingell, D-MI), passed the House of Representatives with strong bipartisan support on July 30, 2009. That bill adapted certain key provisions from H.R. 875 (DeLauro, D-CT). In the Senate, the primary food safety bill is S. 510 (Durbin, D-IL) (for more information, see "Fact Sheets" tab).
As Congress considers food safety legislation, it is essential to include the following requirements aimed at protecting the public health:
- Risk-based inspection, including a minimum annual inspection frequency. Legislation should set as a minimum requirement that FDA-regulated facilities be inspected at least once a year, with higher-risk facilities inspected more frequently.
- Testing and sampling by food processors and mandatory reporting to the government of any test results showing harmful contamination. Requiring food processors to continuously sample and test their products for contamination and to report test results that indicate contamination are critical measures that can help officials prevent foodborne-illness outbreaks.
- Development by food processors of plans that proactively identify where contamination may occur, and include steps to prevent contamination. Under existing law, FDA does not have clear authority to require food processors to take action to prevent food-safety problems.
- Adoption of science-based standards for processed foods and fresh produce. The government must set public-health based limits on pathogen contamination in processed food. Fresh produce items have been linked to many recent outbreaks, and there is widespread agreement among growers, consumers, and other stakeholders that there need to be mandatory federal safety standards for these commodities.
- Making sure that imported foods meet the same safety standards as those applied to food produced in the U.S. With an increasingly greater percentage of our food being imported from other countries, it is critical that FDA have the authority and resources to establish and enforce safety requirements for imported food.
- Recall authority and effective penalties – FDA must be given authority to mandate recalls -- something it does not have under existing law – as well as the power to levy serious fines (and not just fines that are a “cost of doing business”) on food manufacturers that refuse to correct unsafe practices.
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Consideration for small, sustainable, and organic farmers and producers. Legislation should include assurances that that the needs of small, sustainable and organic producers are considered when food- safety rules are established.
FDA must also be given sufficient resources to better ensure the safety of the food supply.
