18 Important Changes in the New Food Safety Moderization Act

(Washington, DC) – On January 4th, President Obama signed the new Food Safety Modernization Act, which is considered the largest reform of national food safety in more than 80 years. The $1.4 billion bill mainly expands the reach and regulatory powers of the Food and Drug Administration. The FDA oversees production of all food products with the exception of meat, poultry and dairy, which fall under the jurisdiction of the U.S. Department of Agriculture.

Here are 18 key changes the Food Safety Modernization Act will bring to food production and consumption in America that will affect all of our lives going forward:

1. Once enacted, the law gives The Food and Drug Administration (FDA) the power to directly issue a food recall. Previously, the agency had to arrange a voluntary recall with the company in question. This new provision is designed to expedite negotiations between the FDA and the food company, and in some cases circumvent the process all together.

2. Companies that require re-inspection or recall may be subject to a fee designated by the FDA.

3. Every two years at minimum, the FDA will be required to identify the most significant food threats — food-borne contaminants, disease — and disperse new science-based outlines and regulations for food production companies.

4. Under the new law, the FDA must establish offices in at least five foreign countries that export food to the United States in an effort to improve food oversight.

5. Upon request, the FDA will gain expanded access to food production facility records. The agency may obtain records for tracking purposes, or if there is reason to suspect a potential public health risk.

6. The law gives the FDA power to suspend a food production facility if a possible health risk is suspected. A new registration process will take place twice a year and companies must meet updated requirements or risk suspension.

7. Food production facilities must alert the FDA, through writing, of all identified hazardous practices currently in place and their plans to implement preventive measures going forward.

8. The new law will give the FDA the power to set nationwide standards for producing and harvesting fresh produce. Additionally, the FDA will publish updated safety guidelines for specific fruits, vegetables and designated high-risk produce which they define as raw agricultural commodities. The bill also includes exemptions for small food companies and local farms that may be unable to reach standards designed for larger companies

9) The FDA, along with the Department of Homeland Security and Department of Agriculture, will issue regulations that prevent food companies from knowingly including illegal additives, chemicals or other substances in their food products.

10. Health and Human Services, along with the Department of Education, will develop food allergy management guidelines. Schools and early childhood programs may then voluntarily implement them. Programs deemed successful by the Secretary of Health And Human Services will be eligible for federal grants.

11. Health and Human Services, in consultation with the Department of Homeland Security, will have to prepare a specific response and recovery outline in case of a food-borne illness outbreak. Grocery stores will now be responsible for actively alerting customers of latest product recalls.

12. Under the new law, the FDA must increase the frequency of its inspections. High-risk food production facilities will be inspected every three years while low-risk facilities will be visited within seven years of the law’s passing. Each year the FDA must report to Congress the frequency and cost of inspections.

13. The FDA, in coordination with the produce industry, will create a new method of effectively tracking and tracing fruits and vegetables, to ensure any contaminated produce is located and recalled in a safe and timely manner.

14. The FDA may require certification or other forms of assurance for high-risk food imports. Consequently, the FDA may refuse to import food products that are lacking required certification.

15. The FDA will have the authority to review the current food safety practices of countries importing products into America. The Secretary of Health and Human Services will work with foreign governments to streamline the inspection of foreign food facilities.

16. The FDA will be given additional funding to incrementally increase the size of its field staff in order to manage the agency’s expanded responsibilities.

17. This watchdog clause of the new law guarantees that any food production company employees will be protected when providing information regarding potential violations to the FDA.

18. The new law mandates that FDA inspections of foreign food facilities must double each year for the next five years.

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