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Archive for the ‘Food Safety Modernization Act’ Category

Dr. David Acheson, Partner and Managing Director, Food and Import Safety Practice, Leavitt Partners
The Food Safety Modernization Act (FSMA), the most sweeping reform of our food safety laws in more than 70 years, aims to ensure the U.S. food supply is safe by shifting the focus from responding to contamination to preventing it. Join one of the world’s most esteemed experts in food safety, Dr. David Acheson for a FSMA update with specific focus on Preventive Control and Produce Rules and the proposed rules on Foreign Supplier Verification and Third Party Audits. Get an overview of these proposed rules as well as some practical advice on what they mean to FDA regulated establishments.
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USA Jean Traceability http://www.youtube.com/watch?v=1kjWgd8xWCM #paperli

PCCA, All American Clothing Company and American Cotton Growers share their story.

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I stopped being a fan of Alex Rodriquez years ago when he left the Mariners, so I was not that particularly bothered when he was banned from baseball for steroid use.

A-Rod’s banning, along with the past steroid-induced sins of Mark McGwire, Barry Bonds and others, show that player punishment or embarrassment does not always stop the crime.

No serious person can believe that players have an incentive to play “clean.” More homers and strikeouts mean more fans in the stands, or glued to TV commercials, and even more revenue for the owners. More revenue for owners translates into bonuses for players, incentivizing players to cheat. Owners talk all season about the evils of steroid use as they stuff great gobs of money into their pockets that they make from players advantaged by steroids.

Money talks and ethics walk.

Players are the well-paid chattel of owners who want to win at any cost. Owners may well feign ignorance of steroid-induced homers or strikes, but they covet them nonetheless. Banning A-Rod changes nothing.

Want to change the direction of baseball overnight? Change the incentives. If the Yankees had been banned from Baseball for a year and a half — not A-Rod — you can bet that no player in baseball would touch the stuff again.

So, what does cantaloupe have to do with Baseball? Much, in addition to both being round. Like players and the baseball industry, incentives are wrong with cantaloupe growers — actually all food — and the retail industry.

In 2011, Listeria-tainted cantaloupes grown in Eastern Colorado sickened 147 in two dozen states, killing at least 33. It was the largest foodborne outbreak death toll in the United States in 100 years. That is saying a lot given that the Centers for Disease Control and prevention estimate that food sickens 48,000,000, hospitalizes 135,000 and kills over 3,000 each year.

The year before, a third generation cantaloupe grower had been enticed by a broker-shipper preferred by Walmart and Kroger to expand its market nationwide. An auditor recommended by Walmart inspected the farm and packing shed in 2011, while the cantaloupes were actually being washed by un-chlorinated, Listeria-tainted water. The farm, as with most food audits, got a superior rating of 96%. That was the green light for the cantaloupes to ship to your local Walmart or Kroger.

Those same retailersdistance themselves from such behavior, clucking constantly about food safety from “farm to fork” and creating a “culture of food safety.” They hire auditors as middlemen in the food-safety chain to give them cover to ignore food safety risks.

The grower of the tainted cantaloupe has gone bankrupt. The grower is also facing criminal misdemeanor charges for selling food considered to be “adulterated,” which according to Federal law is food that “bears or contains any poisonous or deleterious substance, which may render it injurious to health.” These charges, unlike a felony charge, “do not require proof of fraudulent intent, or even of knowing or willful conduct.” The grower does face fines and jail nonetheless.

Countless other growers and manufacturers of food produced in the last decades have faced both civil and criminal liability — yet food poisoning continues.

Sound a bit like players facing suspension over and over again?

Retailers, like team owners, require audits, set the rules, called specifications, for how food — like cantaloupes — should be safely produced. They then ignore their own rules because living by their rules costs a cent or two more, and that seems not worth the price. Why? Because just like Baseball owners who can pass the buck to the players, it is not retailers who are on the hook if there is a problem — the growers are.

Team owners squeeze their players by demanding performance. No home runs or strike-outs — no place on the team. Retailers squeeze their suppliers on price. Not the lowest price? You are out. In fact, retailers squeeze growers for the last bit of profit, leaving little for growers to invest in producing safer food – an oddly perverse incentive.

Want to change the direction of food safety overnight? Change the incentives.

Most Americans do not realize that the retailers they buy their food from are mainly insulated from civil and criminal liability. Only their suppliers have liability. But, if we were to put the onus of compensating customers for medical bills and lost wages onto the retailers that profit the most from the sale, their incentives to buy food that will not kill you would go up a lot.

Want to change the incentive of a retailer who sells you food that can make you sick or kill you? Have them face jail time or fines if they do.

Want to make food safer from “farm to fork” in a “culture of food safety?” Pay fair wages to farm workers and fair prices to growers. Both are investments in safer food.

Like steroid use in baseball, food safety will not change until those with the most power have the incentive to change behavior. Banning players or bankrupting cantaloupe growers does nothing to change the dynamic. Banning baseball owners would stop steroid use overnight. Fining or jailing retailers who sell food that kills people – well, that will do it.

20130817-145510.jpg

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It’s that time of year again … for the third time, FDA has announced its fiscal year FSMA User Fees for domestic and foreign facility reinspections. These fees focus on failures to comply with a recall order and reinspection fees, as authorized by the Act. The fees are effective October 1, 2013, through September 30, 2014. The challenge around the fees is that, so far, FDA does not appear to have collected any, and for an Agency that needs resources, this is an odd disconnect.

The focus of the fees is in two areas:
Reinspection Fee – This fee will be assessed when FDA must conduct a reinspection, subsequent to an inspection which identified non-compliance materially related to a food safety requirement of the FD&C Act, to determine whether corrective actions have been implemented and are effective and compliance has been achieved. In such cases, FDA will assess and collect fees from the responsible party for each domestic facility and the U.S. agent for each foreign facility subject to a reinspection to cover reinspection-related costs. The fiscal year in which a reinspection occurs dictates the fee rate to be applied.
Non-compliance with Recall Order – This fee will be assessed for not complying with an FDA recall order and would cover food recall activities associated with such order Non-compliance may include: (1) not initiating a recall as ordered by FDA; (2) not conducting the recall in the manner specified by FDA in the recall order; or (3) not providing FDA with requested information regarding the recall, as ordered by FDA.
The user fees were initially introduced for the 2012 fiscal year to help pay for the implementation of FSMA, with the FY 2013 user fees for food reinspection and recall non-compliance intended to generate $15.367M and $12.925M respectively, none of which has been collected as far as we are aware.
Not a lot has changed since these fees were first introduced in 2013. The fee is based on an hourly rate, including not just the FDA’s time for the reinspection, but any preparations, arrangements, travel, reports, or other activity associated with the reinspection; or the hours spent on taking action in response to a firm’s failure to comply with a recall order.
Although the hourly rates actually decreased from FY 2012 to FY 2013, they will increase for FY 2014, but the foreign travel rate is still below that of FY 2012.

FSMA Fee Schedule

Fee category FY 2014
Fee rates FY 2013
Fee rates FY 2012
Fee rates
Hourly rate if domestic travel is required $237 $221 $224
Hourly rate if foreign travel is required $302 $289 $335

So the catch here is that, with all the talk of budget woes, as far as we know, FDA has not yet collected any user fees. If they have, we’ve not heard talk of it, or heard talk from anyone who has had to pay. This is most likely because a process has not yet been established to do so – which could, in fact, be a Catch 22 … FDA needs the user fees to pay for resources, but it doesn’t have the resources to develop the process by which to collect the user fees.
FDA does intend to consider reducing fees for some small businesses for whom the full cost could impose severe economic hardship, and the Agency is developing a guidance document on the process by which firms may request a reduction. FDA’s current publication also notes that it does not intend to issue invoices for reinspection or recall order fees until this guidance document has been published—supporting our notion that fees have not yet been collected.
Which brings us full circle to our February 2012 newsletter: Get Ready to Pay New Registration Fees – FDA FY2013 Budget Request Relies Heavily on Establishment of User Fees, in which we stated:
What impact will that have on FSMA implementation? As we have said before, writing regulations is cheap; enforcing them is expensive, so we should expect enforcement and inspections to stay at current levels and not meet the goals outlined in FSMA. Overall I see FDA as being in for a tough ride since a flat line budget is, in reality, quite a hefty cut in operating budget.
And without the user fee income that makes up a significant portion of the Agency’s FSMA budget, I don’t see this changing in the near future.
This is all very unfortunate for FDA – they need resources and appear to be held up on collecting $10 million+ each year through lack of a guidance document and a process to collect the fees. Makes me wonder if Congress can “lend” the cash to FDA to get this program going rather than continue to allow the current lack of progress on this front. But I guess Congress does not work that way!
Thus, as with much of FSMA, headway continues to be made, but with the pace of that headway, it is incumbent on the industry to do all it can for food safety – with or without regulation.

Did You Know…?
Don’t miss Melanie Neumann and David Acheson on Food Safety Tech.com’s FoodFlix – How Much Gets Recalled Don’t Make Me Mad
You can also catch an interview with David Acheson after his Keynote address at IAFP 2013 by Food Safety News

New User Fee Assessment – But It Creates Catch 22 for FDA by David Acheson is licensed under a Creative Commons Attribution 3.0 Unported License.
– See more at: http://leavittpartners.com/2013/08/new-user-fee-assessment-but-it-creates-catch-22-for-fda/#sthash.FUGKoF9V.dpuf

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1.23.2013, 13:48 PM
Food fraud alert! Pomegranate juice, olive oil, seafood and spices are among the foods that aren’t always what they seem: report

C.O.T/a.collectionRF/Getty Images/amana images RF
Think you’re eating white tuna? Think again, a new report says — some food manufacturers may be swapping in escolar, a less expensive fish that’s been linked to a type of food poisoning.

Attention, shoppers: Sometimes what you think you see on the grocery store shelf isn’t really what you’re getting.

The nonprofit U.S. Pharmacopeial Convention released a new update to its Food Fraud Database on Wednesday, documenting instances of food fraud as reported by the media and scientific journals.

Food fraud is defined as “deliberate substitution, addition, tampering or misrepresentation of food, food ingredients or food packaging, or false or misleading statements made about a product for economic gain,” according to the organization.

Among the most offending foods are common products like olive oil, fruit juices, spices and seafood. In many cases, more expensive foods are filled out or replaced with less expensive, and sometimes potentially harmful, substitutes.

IS IT ETHICAL TO EAT QUINOA?

Foods become “fraudulent” when the manufacturer isn’t up front with the U.S. Department of Agriculture, the Food and Drug Administration or other regulatory agencies about what’s going into its products, Dr. Markus Lipp, senior director of food standards at USP told the Daily News.

“In general, the U.S. food supply is very safe, because of the vigilance of the FDA, the food industry and consumers,” he said. “With the database, we try to promote informed decision making.”

The USP added 800 new records to its database, reflecting the years 2011-2012. Here are some of the most fraudulent foods it found:

Robert Medvedenko/Getty Images/StockFood

Be wary of products labelled “100% pomegranate juice,” the report says.

Pomegranate juice: Some products labelled “100% pomegranate juice” may be filled out with other fruit juices or with sugar water.

Olive oil: Some olive oils are diluted with less-expensive vegetable oils, the report says.

Spices: Powdered spices like saffron, turmeric and chili powder may be diluted or replaced with less-expensive spices or fillers.

White tuna: The “white tuna” on your sushi menu may actually be less-expensive escolar, a fish that is banned in other countries including Italy and Japan. It has a high content of waxy esters that contribute to a type of food poisoning called gempylotoxism. Escolar is legal in the U.S., but the Food and Drug Administration advises against selling or consuming it.

‘PINK SLIME’ TAINTED WITH E. COLI KILLED MINNESOTA MAN, SUIT CLAIMS

Lemon juice, other fruit juices and jams: Foreign manufacturers sometimes sneak clouding agents into these to make them look fresh-squeezed. Roughly 4,000 people in Taiwan became sick from ingesting products laced with dangerous pthalates, a chemical also found in plastic, according to the report.

Honey and maple syrup: High fructose corn syrup or other sugars might be snuck in to enhance sweetness.

Coffee: Fillers can be added to ground coffees to increase their volume.

There are several steps consumers can take to avoid food fraud, Lipp said. They include:

Do your homework. Don’t be afraid to contact manufacturers to ask about their ingredients and how their products are sourced.
Buy whole foods when possible. We know how a whole coffee bean or a black peppercorn should look, but it’s much more difficult to spot inconsistencies in a pre-ground powder.
If it seems like too good a deal, it probably is. If you spot a gallon of “extra-virgin” olive oil that’s much cheaper than similar products, you might not be getting what you bargain for.
For the full report and to search the Food Fraud Database, visit foodfraud.org.

1.23.2013, 13:48 PM
Food fraud alert! Pomegranate juice, olive oil, seafood and spices are among the foods that aren’t always what they seem: report

C.O.T/a.collectionRF/Getty Images/amana images RF
Think you’re eating white tuna? Think again, a new report says — some food manufacturers may be swapping in escolar, a less expensive fish that’s been linked to a type of food poisoning.

Attention, shoppers: Sometimes what you think you see on the grocery store shelf isn’t really what you’re getting.

The nonprofit U.S. Pharmacopeial Convention released a new update to its Food Fraud Database on Wednesday, documenting instances of food fraud as reported by the media and scientific journals.

Food fraud is defined as “deliberate substitution, addition, tampering or misrepresentation of food, food ingredients or food packaging, or false or misleading statements made about a product for economic gain,” according to the organization.

Among the most offending foods are common products like olive oil, fruit juices, spices and seafood. In many cases, more expensive foods are filled out or replaced with less expensive, and sometimes potentially harmful, substitutes.

IS IT ETHICAL TO EAT QUINOA?

Foods become “fraudulent” when the manufacturer isn’t up front with the U.S. Department of Agriculture, the Food and Drug Administration or other regulatory agencies about what’s going into its products, Dr. Markus Lipp, senior director of food standards at USP told the Daily News.

“In general, the U.S. food supply is very safe, because of the vigilance of the FDA, the food industry and consumers,” he said. “With the database, we try to promote informed decision making.”

The USP added 800 new records to its database, reflecting the years 2011-2012. Here are some of the most fraudulent foods it found:

Robert Medvedenko/Getty Images/StockFood

Be wary of products labelled “100% pomegranate juice,” the report says.

Pomegranate juice: Some products labelled “100% pomegranate juice” may be filled out with other fruit juices or with sugar water.

Olive oil: Some olive oils are diluted with less-expensive vegetable oils, the report says.

Spices: Powdered spices like saffron, turmeric and chili powder may be diluted or replaced with less-expensive spices or fillers.

White tuna: The “white tuna” on your sushi menu may actually be less-expensive escolar, a fish that is banned in other countries including Italy and Japan. It has a high content of waxy esters that contribute to a type of food poisoning called gempylotoxism. Escolar is legal in the U.S., but the Food and Drug Administration advises against selling or consuming it.

‘PINK SLIME’ TAINTED WITH E. COLI KILLED MINNESOTA MAN, SUIT CLAIMS

Lemon juice, other fruit juices and jams: Foreign manufacturers sometimes sneak clouding agents into these to make them look fresh-squeezed. Roughly 4,000 people in Taiwan became sick from ingesting products laced with dangerous pthalates, a chemical also found in plastic, according to the report.

Honey and maple syrup: High fructose corn syrup or other sugars might be snuck in to enhance sweetness.

Coffee: Fillers can be added to ground coffees to increase their volume.

There are several steps consumers can take to avoid food fraud, Lipp said. They include:

Do your homework. Don’t be afraid to contact manufacturers to ask about their ingredients and how their products are sourced.
Buy whole foods when possible. We know how a whole coffee bean or a black peppercorn should look, but it’s much more difficult to spot inconsistencies in a pre-ground powder.
If it seems like too good a deal, it probably is. If you spot a gallon of “extra-virgin” olive oil that’s much cheaper than similar products, you might not be getting what you bargain for.
For the full report and to search the Food Fraud Database, visit foodfraud.org.

Joff Lee/Getty Images

Ground versions of costly spices like saffron and tumeric might be packed with fillers in order to b1.23.2013, 13:48 PM
Food fraud alert! Pomegranate juice, olive oil, seafood and spices are among the foods that aren’t always what they seem: report

C.O.T/a.collectionRF/Getty Images/amana images RF
Think you’re eating white tuna? Think again, a new report says — some food manufacturers may be swapping in escolar, a less expensive fish that’s been linked to a type of food poisoning.

Attention, shoppers: Sometimes what you think you see on the grocery store shelf isn’t really what you’re getting.

The nonprofit U.S. Pharmacopeial Convention released a new update to its Food Fraud Database on Wednesday, documenting instances of food fraud as reported by the media and scientific journals.

Food fraud is defined as “deliberate substitution, addition, tampering or misrepresentation of food, food ingredients or food packaging, or false or misleading statements made about a product for economic gain,” according to the organization.

Among the most offending foods are common products like olive oil, fruit juices, spices and seafood. In many cases, more expensive foods are filled out or replaced with less expensive, and sometimes potentially harmful, substitutes.

IS IT ETHICAL TO EAT QUINOA?

Foods become “fraudulent” when the manufacturer isn’t up front with the U.S. Department of Agriculture, the Food and Drug Administration or other regulatory agencies about what’s going into its products, Dr. Markus Lipp, senior director of food standards at USP told the Daily News.

“In general, the U.S. food supply is very safe, because of the vigilance of the FDA, the food industry and consumers,” he said. “With the database, we try to promote informed decision making.”

The USP added 800 new records to its database, reflecting the years 2011-2012. Here are some of the most fraudulent foods it found:

Robert Medvedenko/Getty Images/StockFood

Be wary of products labelled “100% pomegranate juice,” the report says.

Pomegranate juice: Some products labelled “100% pomegranate juice” may be filled out with other fruit juices or with sugar water.

Olive oil: Some olive oils are diluted with less-expensive vegetable oils, the report says.

Spices: Powdered spices like saffron, turmeric and chili powder may be diluted or replaced with less-expensive spices or fillers.

White tuna: The “white tuna” on your sushi menu may actually be less-expensive escolar, a fish that is banned in other countries including Italy and Japan. It has a high content of waxy esters that contribute to a type of food poisoning called gempylotoxism. Escolar is legal in the U.S., but the Food and Drug Administration advises against selling or consuming it.

‘PINK SLIME’ TAINTED WITH E. COLI KILLED MINNESOTA MAN, SUIT CLAIMS

Lemon juice, other fruit juices and jams: Foreign manufacturers sometimes sneak clouding agents into these to make them look fresh-squeezed. Roughly 4,000 people in Taiwan became sick from ingesting products laced with dangerous pthalates, a chemical also found in plastic, according to the report.

Honey and maple syrup: High fructose corn syrup or other sugars might be snuck in to enhance sweetness.

Coffee: Fillers can be added to ground coffees to increase their volume.

There are several steps consumers can take to avoid food fraud, Lipp said. They include:

Do your homework. Don’t be afraid to contact manufacturers to ask about their ingredients and how their products are sourced.
Buy whole foods when possible. We know how a whole coffee bean or a black peppercorn should look, but it’s much more difficult to spot inconsistencies in a pre-ground powder.
If it seems like too good a deal, it probably is. If you spot a gallon of “extra-virgin” olive oil that’s much cheaper than similar products, you might not be getting what you bargain for.
For the full report and to search the Food Fraud Database, visit foodfraud.org.

Joff Lee/Getty Images

Ground versions of costly spices like saffron and tumeric might be packed with fillers in order to bring down the price, duping consumers in the process.

Author:
TRACY MILLER

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The U.S. Food and Drug Administration must publish all of the regulations required under the 2011 Food Safety Modernization Act by June 30, 2015, a federal judge ruled Friday.

Judge Phyllis Hamilton of the U.S. District Court of Northern California rejected FDA’s proposed timeline for completion of the regulations, which outlined “target timelines” of 2015 through 2016 for the publishing of all final rules.

“The court finds defendant’s ‘target timeframes’ to be an inadequate response to the request that the parties submit a proposal regarding deadlines that can form the basis of an injunction,” wrote Hamilton in her decision.

The ruling marked the latest, and possibly last, phase in the suit brought by the Center for Food Safety against FDA for the agency’s failure to meet several deadlines for the writing of FSMA-mandated rules. In a petition filed August 29, 2012, CFS asked the court to order the completion of the delayed rules.

Since that time, FDA has released three of the seven key rules that CFS sited as overdue in its filing, including the proposed rule for produce safety, the proposed rule for preventive controls across the food supply and new requirements for food facility registration. Three other rules have been submitted to the White House Office of Management and Budget, which must approve the proposed rules before they are released. These include new standards for foreign food suppliers, preventive controls for animal feed and standards ensuring the neutrality of third-party audits.

A regulation ensuring the safe transport of food, also mandated by FSMA, has yet to be submitted to OMB.

On April 13 of this year, Judge Hamilton issued a motion for summary judgment, requesting the parties to submit remedy proposals for new deadlines.

While the Court found the deadlines submitted by FDA to be too fluid, it also acknowledged the complexity of FDA’s task and did not require the agency to publish all of its final rules by May 1, 2014, the amended deadline that CFS had proposed. The Court said this date was “overly restrictive” and could also lead to the curtailing of the public comment periods for the rules, a situation the Court wished to avoid.

“This is a critical victory for consumers, farmers, and the public health,” said George Kimbrell, CFS senior attorney in a statement. “The Court’s decision will ensure FDA cannot unduly delay these life-saving measures any longer, while also ensuring all interested parties have a meaningful say in their outcome.”

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MEDIA CONTACT:
Tamara Hinton, 202.225.0184
tamara.hinton@mail.house.gov

WASHINGTON – Today, Chairman Frank Lucas of Oklahoma issued the following statement after the U.S. House of Representatives passed H.R. 2642, the Federal Agriculture Reform and Risk Management (FARRM) Act of 2013 by a vote of 216-208.

“Today was an important step toward enacting a five-year farm bill this year that gives our farmers and ranchers certainty, provides regulatory relief to small businesses across the country, significantly reduces spending, and makes common-sense, market-oriented reforms to agricultural policy. I look forward to continuing conversations with my House colleagues and starting conversations with my Senate colleagues on a path forward that ultimately gets a farm bill to the President’s desk in the coming months,” said Chairman Frank Lucas.

To view Chairman Lucas’ floor speech before the final vote click here.

http://agriculture.house.gov/press-release/lucas-house-passage-farm-bill-huge-step-forward

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Does FSMA scare you? Is being compliant a daunting task?

FSMA Recordkeeping is needed now.

I have seen contracts where by signing you acknowledge your aware of The Food Safety Modernization Act.

Please ask questions and become informed. TrackMyCrop

For as little as $10 less than lunch out, you’re getting a database recordkeeping system that meets FDA compliance.

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The Pew Charitable Trusts commended Congressman Tom Latham (R-IA) last week for his leadership in securing approximately $27 million in additional food safety funding for the U.S. Food and Drug Administration in the appropriations bill that is moving through the House.

As Food Safety News reported Friday, the food safety funding boost was approved as part of a $19.5 billion agricultural appropriations bill that cleared the full House Appropriations Committee Thursday.

“We’re delighted that Rep. Latham, a senior member of the House Appropriations Committee, continues to make food safety a clear priority. He understands that food safety programs are crucial to consumers and to the hardworking farm families who grow our crops,” said Erik Olson, senior director of Pew’s food programs. “Outbreaks of foodborne illnesses, such as the salmonella in cantaloupe that sickened 15 Iowans last year, can shake consumer confidence and cost agricultural producers millions. This new funding would help strengthen prevention efforts and protect consumers and producers alike.”

In polling they conducted last year, Pew found that 73 percent of Iowans favored an increase in funding for FDA food safety programs for 2013, indicating that support was bipartisan.

Pew has also highlighted foodborne illness victims in Iowa to make the case for more funding for food safety.

“My daughter died at the age of 14 after being sickened by E. coli poisoning, and as a result, I know the horrors of foodborne illness all too well,” said Dana Boner of Monroe, IA. “This funding increase is a step in the right direction, and I appreciate Rep. Latham’s continued commitment to food safety.”

In a release, Pew noted that although the Senate version of the bill has included increased food safety funding for the past three years, this increase in the House bill marks the first time in three years the House Appropriations Committee has initiated significant new dollars for FDA food safety.

The House bill is expected to see floor action as early as next week. The Senate version of the appropriations bill is scheduled for committee markup next week.

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HR 1332  Costa  House Agriculture

Safe Food Enforcement, Assessment, Standards, and Targeting Act of 2009 – Expands the authority of the Secretary of Health and Human Services to regulate food, including by authorizing the Secretary to: suspend the registration of a food facility; and order a cessation of distribution, or a recall, of food. Requires each food facility to evaluate hazards and implement preventive controls. Directs the Secretary to assess and collect fees related to: food facility re-inspection; food recalls; and the voluntary qualified importer program.

HR 2749  Dingell  Senate Health, Education, Labor and Pensions 

Requires each food facility to conduct a hazard analysis; implement preventive controls; and implement a food safety plan. Requires the Secretary of HHS to minimize the hazards from food-borne contaminants; inspect facilities at a frequency pursuant to a risk-based schedule; establish a food tracing system; assess fees relating to food facility re-inspection and
food recall; 

HR 875  DeLauro  House Agriculture – Subcommittee on Livestock, Dairy and Poultry

Directs the Administrator to: administer a national food safety program; and ensure that persons who produce, process, or distribute food prevent or minimize food safety hazards. Sets forth requirements for the Administrator to carry out such duties, including: requiring food
establishments to adopt preventive process controls; enforcing performance standards for food safety; establishing an inspection program; requiring imported food to meet the same standards as U.S. food; and establishing a national traceability system for food.

S 510  Durbin  Senate Health, Education, Labor and Pensions (Passed 11/18/09) 

FDA Food Safety Modernization Act – Expands the authority of the Secretary of Health and Human Services (the Secretary) to regulate food, including by authorizing the Secretary to suspend the registration of a food facility. Requires each food facility to evaluate hazards and implement preventive controls. Directs the Secretary to assess and collect fees. Requires the Secretary to: identify preventive programs and practices to promote the safety and security of food; promulgate regulations on sanitary food transportation practices; allocate inspection resources based on the risk profile of food facilities or food; and improve the capacity of the Secretary to track and trace raw agricultural commodities.

S 2819  Feinstein  Senate Nutrition, Agriculture and Forestry

Processed Food Safety Act of 2009 – Requires processors of food products to certify to the applicable Secretary that the processed food products are not adulterated. Would require each facility registered under section 415 to apply pathogen reduction treatments to each food, as the Secretary determines appropriate, that such facility manufactures, processes, packages, or holds for consumption in the U.S.

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