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Food safety law makes one wonder

A new food safety law is imminent at press time—unless it isn’t.

For now, here is what I wonder:
1. I wonder whether any food safety bill will pass in the near future. Even if it doesn’t, however, don’t overlook the fact that the Food and Drug Administration’s re-emphasis on food safety had already begun. Remember that an unprecedented, multi-faceted coalition has been pushing for FDA funding on food safety for several years, and actually succeeded in getting the FDA more money. That was the coalition that brought together consumer advocates and former FDA and HHS officials and even large industry groups, all lamenting the decreased FDA budgets for food safety efforts. Even without the new law, FDA’s already been more active on food safety enforcement.

2. I wonder if this really is the “first major food safety update since the 1930s.”
Legislators and media people like to use dramatic phrases like that, but in this case, it would be misleading because it would overlook the many food-related adjustments that have been made to the Federal Food, Drug and Cosmetic Act since its initial passage in 1938.

For example, as recently as last year, the Reportable Food Registry was added, which requires companies to report to FDA within 24 hours of discovering food that might be a danger to health. In the early 2000s, after 9/11, Congress passed the Bioterror Act to change FDA’s legal powers specifically to help it assure food safety. The new provisions required companies to give FDA prior notice of food imports, to register food facilities, required recordkeeping, and gave the FDA power to detain potentially dangerous products.

3. I wonder why the public is so interested in mandatory recall authority.
FDA has since 1938 had the powers to get court orders for seizure of product, injunctions against an operation, and to criminally prosecute companies and responsibile individuals, but could not order recalls. The public is very familiar with recalls, because they are often accompanied by publicity, so the public is often surprised to hear that they are always voluntary.

Government studies have shown that food recalls are often not 100% effective, but it is a legitimate question whether the FDA really needs to have the power to order recalls. Most companies who need to recall, recall, and commonly do it in voluntary cooperation with FDA.

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