President Obama Signs Food Safety Bill

(January 5, 2011) – President Obama had a very full inbox when he returned to Washington yesterday, when he signed 35 laws, including the FDA Food Safety Modernization Act.

The Food Safety law is considered the largest reform of national food safety in more than 80 years. It received bipartisan support as well as an endorsement from the Chamber of Commerce. The White House says the safety bill directs the FDA “to build a new system of food safety oversight – one focused on applying, more comprehensively than ever, the best available science and good common sense to prevent the problems that can make people sick.” But the new Republican majority in the House of Representatives may hold up funding of the $1.5 billion over the next five years.

The FDA Food Safety Modernization Act (H.R. 2751) authorizes the Food and Drug Administration (FDA) and the Secretary of Health and Human Services (HHS) to increase inspections of many domestic food facilities, enhance detection of food borne illness outbreaks, and order recalls of tainted food products. The law requires most food companies to write and implement new safety protocols to mitigate potential hazards. Also, imported food products face increased scrutiny under the law, including denial of entry into the United States under certain circumstances. It is the most significant update of American food safety laws since the Federal Food, Drug, and Cosmetic Act in 1938.

Scope: The HHS will require registration and payment of a fee by any “person (excluding farms and restaurants) who manufactures, processes, packs, distributes, receives, holds, or imports an article of food.” Individuals who partake in food handling without official registration are subject to a maximum 10 year prison sentence. Registration requires each facility which produces or handles food to maintain records relating to food safety. Of course, additional fees and reporting requirements will increase the cost of food.

The law contains an exception for food grown and consumed at private residences. Likewise, smaller farms that sell directly to consumers are exempt. For example, food sold at local farmers’ markets would not be subject to the certification requirements.

Reaction: According to maplight.org, large trade organizations have joined public health advocates in supporting the bill, while groups aligned with individuals and small farms have generally opposed it. However, after Senate adoption of the Tester amendment, which exempted producers that sell less than $500,000 a year, many large food companies objected, arguing that the exemption puts consumers at risk.