news of the week D EC E MBE R 6, 2010 E DI T E D BY W I L L I A M G. SC H UL Z & K I MBE R LY R . T WA MBLY
CONGRESS: Senate passes landmark
legislation, but procedural
error brings more delays
HE SENATE LAST WEEK overwhelmingly passed the biggest overhaul of food safety regulations in 70 years, by a vote of 73-25. But a mistake in the legislation likely means that both the House and Senate will have to vote on it again. The FDA Food Safety Modern ization Act (S. 510) would give the Food & Drug Administration sweep ing new authority to help prevent food-borne illness. It would provide FDA with the power to recall unsafe food and to require food producers to develop a risk-based plan to pre vent contamination. The bill would also increase the frequency of FDA inspections of food-processing fa cilities and give FDA access to food manufacturers’ records and labora tory data. Although the Senate version of the bill is not as strong as the bill passed by the House of Representatives in July 2009, “it is still the most signifi cant improvement in FDA’s authority in the food area in the agency’s his tory,” says William K. Hubbard, a for mer senior associate commissioner of FDA. A key difference between the two bills is that the House version would require food companies to pay an annual registration fee of $500 to help offset the cost of increased inspections. The Senate version does not include such registration fees. The Senate bill, however, does include new fees for reinspections, mandatory recalls, and importer reg istrations. And that’s where the Senate made its mis take. According to the Constitution, all measures that involve revenue must originate in the House. Within hours of the Senate’s passage of the bill, the House Ways & Means Committee flagged the error. The House has several options, one of which is to attach S. 510 to a House bill and bring it to the floor for a vote. It would then need to be voted on by the Senate.
T
Although time is running out to get the bill passed be fore the lame-duck session ends, supporters predict it will be on the President’s desk this month. House Democrats have some concerns about the final Senate bill, but they seem poised to vote in favor of it if the procedural error can be fixed. “While we think our bill was much better, we’re prepared to pass a bill along the lines that they passed,” House Majority Leader Steny Hoyer (D-Md.) told reporters on Dec. 1. One sticking point is an amendment added late by Sen. Jon Tester (D-Mont.) exempting small food producers from the new rules. “Many groups, includ ing those in our coalition, do not support the Tester amendment” because it does not grant exemptions FDA
FOOD SAFETY BILL
HITS A SNAG
on the basis of risk, says Sandra Eskin, director of the food safety campaign at the Pew Charitable Trusts. The amendment exempts food producers that have less than $500,000 in annual sales and sell their products within 275 miles of where they are produced. Nonethe less, Pew still supports the Senate bill because it is bet ter than nothing, Eskin notes. If the legislation does ultimately pass, the remaining question is whether Congress will provide FDA with funding to implement it. “This bill gives FDA much more authority when it goes in for an inspection, but it doesn’t provide money to actually do the inspection,” Hubbard notes. Getting additional money from Con gress in the current economic climate will be challeng ing, he says.—BRITT ERICKSON
WWW.C E N- ONLI NE .ORG
9
D EC E M BE R 6, 20 10
The food safety bill working its way through Congress will increase the frequency of inspections of foodmanufacturing facilities and, therefore, of sampling and analysis.
