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Food Safety Enhancement Act
Mon Jun 15, 2009 at 08:06:12 AM PDT
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A number of consumer groups just sent Congress a letter calling for strengthening the Food Safety Enhancement Act, a bill that appears to be on track for ultimately being passed by the House in the coming weeks. These groups include Center for Science in the Public Interest, Consumer Federation of America, Consumers Union, Food and Water Watch, The Pew Charitable Trusts, Safe Tables Our Priority, and Trust for America's Health. The bill was passed by a House subcommittee last week and it is going to be marked up and voted upon by the House Energy and Commerce committee this week.
See the details of their requests below.
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Wed Jun 10, 2009 at 21:28:27 PM PDT
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Today the House subcommittee on health marked up the Food Safety Enforcement Act and then passed it with a voice vote. (Hat tip to Naomi Starkman.) The major change to the legislation was that the "user fees" in the bill were cut in half from $1000 per "food facility" (processing plants, warehouses... not farms and restaurants) to $500. The money generated from these user fees would help the FDA pay for the increased inspections called for the bill (but not cover the costs entirely). If passed, this will be the most significant food safety reform since 1938. While many on our side worry about the bill's impact on farms and small businesses, there's no doubt that the major corporations in control of the majority of our food supply need new laws in order to give us safer food.
Let's keep watching this to make sure that small farmers are protected and the rules to keep the big guys in line aren't watered down. The next step will be a vote by the full House Energy & Commerce Committee.
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Tue Jun 09, 2009 at 17:46:39 PM PDT
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Well guys, it's time to make some sausage. John Dingell introduced the Food Safety Enhancement Act (H.R.2749) and he's got 5 cosponsors:
Rep. Frank Pallone [D-NJ6]
Rep. Betty Sutton [D-OH13]
Rep. Bart Stupak [D-MI1]
Rep. Diana DeGette [D-CO1]
Rep. Henry Waxman [D-CA30]
The text of the bill isn't available online yet, so we don't know how different it looks from the draft version released a few weeks ago. The markup session for the bill appears to be TOMORROW (Wednesday, June 10). This will begin in the subcommittee on health at 10am, followed by the full committee at 1:30pm. More info below...
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Mon Jun 08, 2009 at 06:00:00 AM PDT
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I was in complete shock when I first heard that food manufacturing giants like Kraft, Kellogg, and the Grocery Manufacturers Association are actually for Henry Waxman's new food safety bill. The bill will increase inspections, require traceability in our food supply, and charge a user fee to each "food facility" (not farms or restaurants) to cover some of the FDA's increased costs in carrying out the bill. Granted, the industry representatives who testified in last week's hearing each had a few tweaks they wanted to make in the bill - some of which might result in a weaker bill - but on the whole they are not opposed to a food safety bill passing, or even some of the bill's provisions.
So who is NOT for the bill in that case? The meat industry. This took me by surprise - not because I expect them to be for food safety regulation (in a recent hearing before the Ag Committee, they said they needed no new regulation) but because typically they are regulated by the USDA and this bill covers the FDA. I didn't think they'd have that much stake in this bill's outcome. (H/t Naomi Starkman)
Here's why the meat industry opposes the bill:
Woodall said meat producers are also concerned about the precedent this bill could set in giving the Food and Drug Administration regulatory authority over the industry, which is currently watched over by the Department of Agriculture. The cattlemen's group also takes issue with mandatory recalls and says voluntary recalls work better. The industry worries that the bill would require government inspectors on farms, Woodall said.
"There is no need to have FDA inspectors come on farms or cattle operations," Woodall said. "There are too many other processes and steps between the time it leaves the farm and gets to the consumer, including the way the consumer handles the product when they get it home. It would give a false sense of security to the consumer."
They might sound a lot more convincing if we weren't in the middle of yet another ground beef E. coli recall.
(Hilariously, the meat industry is totally being outspent in lobbying dollars by the groups that are actually FOR food safety reform, such as the Grocery Manufacturers Association. Perhaps that will actually work in our favor for a change! Don't take this to mean that GMA is suddenly on our side. The big companies lost a lot in the peanut butter salmonella recall and they are fixing their food safety practices out of financial necessity to prevent future losses. They are for government reform to make sure that other companies don't gain a competitive advantage against them by going cheap on food safety. And, no doubt, they want this bill to come out to their specifications, which may not be to the greatest good of American consumers.)
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Fri Jun 05, 2009 at 03:20:03 AM PDT
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This is the second half of the June 3 food safety hearing discussing Waxman's new food safety bill (You can see part 1 here). While Part 1 featured Margaret Hamburg from the FDA, Part 2 features representatives of industry and non-profits.
This part hearing included testimony from:
- Michael Ambrosio, Food Marketing Institute, Vice President Quality Assurance Division, Wakefern Food Corporation
- Pamela G. Bailey, President and Chief Executive Officer, Grocery Manufacturers Association
- Caroline Smith DeWaal, Safe Food Coalition, Food Safety Director, Center for Science in the Public Interest
- Tim F. Jones, MD, State Epidemiologist, Tennessee Department of Health
- Thomas E. Stenzel, President and CEO, United Fresh Produce Association
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Wed Jun 03, 2009 at 15:34:02 PM PDT
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The House Energy & Commerce Committee subcommittee on health held a hearing today covering the Food Safety Enhancement Act, a bill by Henry Waxman. They released a draft of the bill about a week ago, and they will mark up the bill in the near future. While some major food companies are actually FOR the bill, others are (predictably) against it. Companies that were hit by the peanut recall that have since tightened up their own food safety standards are for the bill because they don't want unfair competition from other companies who can cut costs by easing up on food safety. Those against it, obviously, just plain old don't want to be regulated.
This hearing included testimony from:
- Dr. Margaret Hamburg, Commissioner, Food and Drug Administration
- Michael Ambrosio, Food Marketing Institute, Vice President Quality Assurance Division, Wakefern Food Corporation
- Pamela G. Bailey, President and Chief Executive Officer, Grocery Manufacturers Association
- Caroline Smith DeWaal, Safe Food Coalition, Food Safety Director, Center for Science in the Public Interest
- Tim F. Jones, MD, State Epidemiologist, Tennessee Department of Health
- Thomas E. Stenzel, President and CEO, United Fresh Produce Association
This diary covers the first part of the hearing, with the very many opening statements made by members of Congress and the first witness, Margaret Hamburg.
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Sat May 30, 2009 at 08:00:00 AM PDT
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I've spent the past few days on the phone or email with lawyers, non-profits, bloggers, and farmers, trying to get to the bottom of the new Waxman food safety bill (FSEA). Is it good enough? What needs to be improved? How do we influence Congress to make sure we get the bill we want passed?
So here's what we know now: There will be a hearing on June 3 where we'll learn more about this bill and the direction it's going. Millions of corporate lobbying dollars are going into this bill - not necessarily in opposition to the bill as a whole, but to make sure it looks the way industry wants it to look. (As radio show host Jon Elliott put it when I told him about Kellogg's request to have a day's advance notice before any FDA inspections, "They have to be sure they get Snap, Crackle, and Pop in line before the inspectors come.")
The bill has a lot of good in it, and a few flaws. There are two major things we need to watch for. First, the bill cannot be too lenient in areas where we are in need of food safety regulatory reform. If another PCA sells more tainted peanuts, we want the FDA to detect and handle the problem BEFORE nearly 4000 products are recalled across the entire country and before people die. Second, the bill should not be unnecessarily harsh on small producers and small businesses.
I was discussing this with a food safety expert earlier and while I respect his point that food safety problems CAN happen on small farms, there's also the problem that the government doesn't always understand or care about sustainable ag practices and so we're left with a choice between regulation that could harm small farmers or no regulation on small farms with some remaining risk of food safety problems. Is some risk of food safety problems allowable for small businesses (who, if god forbid they have a food safety problem, will on affect people in a small area) in exchange for not putting them out of business? After all, they aren't the ones resulting in nationwide recalls.
One of the best posts I've seen on the new bill comes from food safety expert Obama Foodorama, who is not as optimistic as I am. More on this below...
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Thu May 28, 2009 at 20:38:05 PM PDT
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One of the first questions about the Food Safety Enhancement Act of 2009 (FSEA) is: Who does it affect? It specifies $1000 "user fees" and a requirement to register with the FDA for all food facilities. Well... what's a food facility?
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Thu May 28, 2009 at 05:00:00 AM PDT
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Want to have a bit of fun at the expense of a sleezy Congressman? Of course you do! Rep. Roy Blunt, one of the most powerful Republicans in the House of Representatives, is married to Kraft Foods' top lobbyist. AND he's on the committee that is going to pass food safety legislation.
Let's all give him a call to ask him to co-sponsor it. Ask him to add a provision to the bill that requires food manufacturers to perform microbial tests for pathogens and then report positive results to the FDA. Blunt's phone number is (202) 225-6536.
Please send this idea around to your friends and family. Let's get as many people to call him up as possible!
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Wed May 27, 2009 at 16:37:50 PM PDT
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Henry Waxman has posted a draft of a brand new food safety bill - the Food Safety Enhancement Act of 2009. It has not been introduced yet, but it will be soon. THIS is the bill that will ultimately move forward in the House. Here are some highlights:
What can you do: Call your representative AND members of the Energy & Commerce Committee and ask them to sign onto this bill as co-sponsors. Also ask them to add an amendment requiring testing for pathogens and reporting of positive results.
How will small farmers be impacted? It's a 120-page bill and it was just announced today. So we're not 100% sure yet BUT we'll want to make sure that they are not negatively impacted as we read through the bill and then work with Congress as this bill is marked up in committee.
A list of Energy & Commerce members are listed below. Please look for any members within your state and call them.
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