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  • From: Leigh Hauter <bullrunfarm AT hughes.net>
  • To: market-farming AT lists.ibiblio.org
  • Subject: [Market-farming] Summary of what is actually in the Food Safety Legislation
  • Date: Tue, 1 Feb 2011 15:43:02 -0500

Title: Summary of what is actually in the Food Safety Legislation

Here is Food and Water Watch's summary of what is actually in the food safety legislation that recently passed.

>
> On January 4, 2011, President Obama signed the FDA Food Safety Modernization Act into law. This legislation is the first major overhaul of the Food and Drug Administration's food safety responsibilities since 1938 and is a first step towards modernizing FDA's food safety program.
>
> While some provisions of the new law take effect immediately, many others need to be implemented and funded before they go into effect.
>
> Funding will be a critical factor in whether the new law is effective. Critical funding needs include:
>
> ·      The law establishes a schedule for FDA inspection of food processing facilities - after several years the agency will inspect once every three years for "high-risk" food facilities and once every five years for "low-risk" facilities.
>
> ·      The law directs the FDA to double its inspection of foreign food facilities that export products to the U.S. every year, for five years. The FDA is scheduled to visit 600 foreign facilities in fiscal year 2011. The schedule outlined in the law would bring the total of foreign inspections to over 19,000 in fiscal year 2016.
>
> ·      The law sets a target of 5000 food safety employees at the FDA by fiscal year 2014. To meet this target, it will need to hire about 2000 more food safety employees than the agency currently has.
>
> ·      The law creates a grant program for training small processors and farmers to assist them as they come into compliance with the produce safety or food safety plan requirements.
>
> During the legislative process, there was controversy about the impact this law will have on small farms and small food processors. Food & Water Watch and many other groups advocated for a provision in the bill that exempts certain small processors and farmers from the food safety plan and produce safety requirements. To be eligible for this exemption, farms or businesses must gross less than $500,000 per year and sell a majority of their food products directly to consumers, restaurants and grocery stores within a 275-mile radius from their place of business (or the same state.) Now, the FDA must develop procedures for how farms and businesses can show that they are eligible for this exemption using existing business records and simple procedures.  The agency must also come up with realistic definitions for small and very small businesses to be used for other exemptions in the bill.  Other implementation steps that will be important for small farms and businesses:
>
> ·      The law directs the FDA to develop produce safety standards. Several provisions of the law direct the agency to consider organic standards, wildlife protection and conservation measures as they develop these standards. It is critical that the agency complies with these instructions in the law and that any new standards are workable for all scales and types of producers, including small-scale, organic or diversified production farms that raise multiple crops.
>
> ·      The law directs the FDA to develop preventive controls standards for food processors.  It is critical that the agency develops these standards and its definition of risk using information from all scales and types of processors.
>
> In addition to FDA decisions that will impact how burdensome the new law is on small farms and businesses, the agency will also have to implement other provisions of the law and must ensure that the new regulations are protective of consumers.
>
> ·      The law requires that food importers certify that the food they are bringing into the country meets U.S. standards. The FDA must design this certification program to hold exporters accountable to high standards.
>
> ·      The law establishes whistleblower protections for the FDA and company employees who report violations of the law or other food safety regulations.
>

>
> Food Safety Agency Re-organization
>
> Food & Water Watch is opposed to any attempts to re-organize federal food safety agencies or to create a single food safety agency at this time. Until the FDA has dramatically improved its food safety program, any attempt to combine it with the U.S. Department of Agriculture's meat and poultry inspection program is potentially disastrous and could undermine meat and poultry inspection with little or no improvement to food safety programs for other foods. Food & Water Watch also opposes any attempts to transfer meat and poultry inspection to the Department of Health and Human Services.
>

>

>
> For more information on the FDA Food Safety Modernization Act and other food safety issues, please contact Tony Corbo at Food & Water Watch, tcorbo AT fwwatch.org, (202) 683-2449.
>
>
>
>
>

Wenonah Hauter
Executive Director
Food & Water Watch
1616 P Street, NW
Suite 300
Washington, DC 20036
whauter AT fwwatch.org
202-683-2505
fax 202-683-2506
www.foodandwaterwatch.org

Here is our write up on the food safety legislation that passed. I'm meeting with Cathy Hurwit this morning about this and some other things. They will try to cut funding to implement more inspections.
The FDA Food Safety Modernization Act
 
On January 4, 2011, President Obama signed the FDA Food Safety Modernization Act into law. This legislation is the first major overhaul of the Food and Drug Administration's food safety responsibilities since 1938 and is a first step towards modernizing FDA's food safety program.
While some provisions of the new law take effect immediately, many others need to be implemented and funded before they go into effect.
Funding will be a critical factor in whether the new law is effective. Critical funding needs include:
·      The law establishes a schedule for FDA inspection of food processing facilities - after several years the agency will inspect once every three years for "high-risk" food facilities and once every five years for "low-risk" facilities.
·      The law directs the FDA to double its inspection of foreign food facilities that export products to the U.S. every year, for five years. The FDA is scheduled to visit 600 foreign facilities in fiscal year 2011. The schedule outlined in the law would bring the total of foreign inspections to over 19,000 in fiscal year 2016.
·      The law sets a target of 5000 food safety employees at the FDA by fiscal year 2014. To meet this target, it will need to hire about 2000 more food safety employees than the agency currently has.
·      The law creates a grant program for training small processors and farmers to assist them as they come into compliance with the produce safety or food safety plan requirements.
During the legislative process, there was controversy about the impact this law will have on small farms and small food processors. Food & Water Watch and many other groups advocated for a provision in the bill that exempts certain small processors and farmers from the food safety plan and produce safety requirements. To be eligible for this exemption, farms or businesses must gross less than $500,000 per year and sell a majority of their food products directly to consumers, restaurants and grocery stores within a 275-mile radius from their place of business (or the same state.) Now, the FDA must develop procedures for how farms and businesses can show that they are eligible for this exemption using existing business records and simple procedures.  The agency must also come up with realistic definitions for small and very small businesses to be used for other exemptions in the bill.  Other implementation steps that will be important for small farms and businesses:
·      The law directs the FDA to develop produce safety standards. Several provisions of the law direct the agency to consider organic standards, wildlife protection and conservation measures as they develop these standards. It is critical that the agency complies with these instructions in the law and that any new standards are workable for all scales and types of producers, including small-scale, organic or diversified production farms that raise multiple crops.

·      The law directs the FDA to develop preventive controls standards for food processors.  It is critical that the agency develops these standards and its definition of risk using information from all scales and types of processors.
In addition to FDA decisions that will impact how burdensome the new law is on small farms and businesses, the agency will also have to implement other provisions of the law and must ensure that the new regulations are protective of consumers.
·      The law requires that food importers certify that the food they are bringing into the country meets U.S. standards. The FDA must design this certification program to hold exporters accountable to high standards.
·      The law establishes whistleblower protections for the FDA and company employees who report violations of the law or other food safety regulations.
 
Food Safety Agency Re-organization
Food & Water Watch is opposed to any attempts to re-organize federal food safety agencies or to create a single food safety agency at this time. Until the FDA has dramatically improved its food safety program, any attempt to combine it with the U.S. Department of Agriculture's meat and poultry inspection program is potentially disastrous and could undermine meat and poultry inspection with little or no improvement to food safety programs for other foods. Food & Water Watch also opposes any attempts to transfer meat and poultry inspection to the Department of Health and Human Services.
 
 
For more information on the FDA Food Safety Modernization Act and other food safety issues, please contact Tony Corbo at Food & Water Watch, tcorbo AT fwwatch.org, (202) 683-2449.


  • [Market-farming] Summary of what is actually in the Food Safety Legislation, Leigh Hauter, 02/01/2011

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