William Kanitz
Well-known member
Latest on the New Food Safe Act bill that will be acted upon after Democrats take over next week. ;
Food Production Facilities
The Administrator would have the authority to visit and inspect food production facilities in the United States and abroad. The Administrator would be able to review food safety records, set production standards to protect public health and promote food safety, establish traceability requirements for food producing animals, and conduct monitoring and surveillance relating to food safety. Food production facilities would include farms, ranches, orchards, vineyards, aquaculture facilities and animal feeding operations.
State and Federal Cooperation
The Safe Food Act would provide for better coordination among federal, state and local governments to help them fulfill their food safety mandates. It would provide for federal assistance to the states, including advisory, technical, educational and financial assistance. The Administrator would also be able to use state and local agencies to enforce the national food safety program and build on databases currently underway in the states.
Imports
The bill would improve the safety of imported foods by instructing the Administration to evaluate and certify a country's food safety program to ensure that it meets the same level of safety as that of the United States. The Administrator also would have the authority to certify foreign firms whose food safety practices meet U.S. standards. In addition, the Administrator would inspect food that is imported into the country to ensure that it is safe for consumption.
USDA has much of this authority now but has not used it to the fullest extent possible. Currently, FDA only has the authority to evaluate foreign food safety systems or inspect foreign plans on a comparable scale with the evaluation and inspection it performs domestically. Since FDA is only able to inspect a little more than one percent of domestic firms annually, due to its limited resources, it has done little in the arena of inspections overseas.
Resource Plan
In order to ensure adequate funding for the Agency, the Administrator would annually prepare a resource plan describing the resources required to develop and fully implement the national food safety program. This plan would be submitted to Congressional appropriations committees and other relevant committees.
TITLE III – Research and Education
The legislation would require the Administrator and the Centers for Disease Control and Prevention to maintain an active surveillance system for foodborne illness. The data collected in this surveillance system and a sampling program would be used to assess the frequency and sources of food safety illnesses in the United States.
The Administrator would conduct cooperative research with other departments and organizations such as USDA, NIH, private universities and colleges, and work with states.
The bill would establish a national public education program on food safety for consumers and health professionals. The bill would also provide the Administrator with the authority to conduct basic and applied research to improve sanitation and processing practices; develop better techniques to monitor and inspect food; develop efficient, rapid and sensitive methods for detecting and identifying contaminants and determine the source of contamination; develop better food consumption data; and identify practices in animal production that could improve the safety of the food supply, as well as methods to identify and control pathogens and zoonotic diseases.
TITLE IV – Enforcement
Food Detention, Seizure and Condemnation
The bill would give the Administrator the authority to detain and seize any food, food ingredient or animal feed that is believed to be unsafe for consumption, is adulterated or misbranded, or fails to meet other requirements. These authorities are based on provisions in the 2002 bioterrorism law and the current authorities of USDA. If the Administrator determines that through re-labeling or other action a detained food can be brought into compliance, the food may be released. The bill would also permit temporary holds at ports of entry.
Traceback
The bill gives the Administrator the ability to require food producers to include a code on their products so they are easily traceable in the event of a foodborne illness outbreak.
Notification and Recall
The bill creates a voluntary recall procedure for food products that may be mislabeled or unsafe. If this is not effective, a mandatory recall may be instituted. The bill also gives the Administrator the ability to notify consumers as to where the food was located to minimize product consumption. Or, the administrator may provide a list of disease symptoms to look for if the product was consumed.
Civil and Criminal Penalties
Persons may be assessed a penalty of up to $10,000 for violating a food safety law. Individuals who commit a violation with the intent to defraud or mislead may be imprisoned for up to 3 years, fined up to $100,000, or both.
Whistleblower Protection
The bill provides whistleblower protection for individuals who disclose food safety violations, modeled after language in the Sarbanes-Oxley financial accountability bill.
Citizen Civil Actions
The bill allows an individual to initiate a civil action in the event a food safety law is violated.
Ethics Requirements
The bill contains requirements that would help maintain an ethical environment for regulated companies and the regulatory agency.
Food Production Facilities
The Administrator would have the authority to visit and inspect food production facilities in the United States and abroad. The Administrator would be able to review food safety records, set production standards to protect public health and promote food safety, establish traceability requirements for food producing animals, and conduct monitoring and surveillance relating to food safety. Food production facilities would include farms, ranches, orchards, vineyards, aquaculture facilities and animal feeding operations.
State and Federal Cooperation
The Safe Food Act would provide for better coordination among federal, state and local governments to help them fulfill their food safety mandates. It would provide for federal assistance to the states, including advisory, technical, educational and financial assistance. The Administrator would also be able to use state and local agencies to enforce the national food safety program and build on databases currently underway in the states.
Imports
The bill would improve the safety of imported foods by instructing the Administration to evaluate and certify a country's food safety program to ensure that it meets the same level of safety as that of the United States. The Administrator also would have the authority to certify foreign firms whose food safety practices meet U.S. standards. In addition, the Administrator would inspect food that is imported into the country to ensure that it is safe for consumption.
USDA has much of this authority now but has not used it to the fullest extent possible. Currently, FDA only has the authority to evaluate foreign food safety systems or inspect foreign plans on a comparable scale with the evaluation and inspection it performs domestically. Since FDA is only able to inspect a little more than one percent of domestic firms annually, due to its limited resources, it has done little in the arena of inspections overseas.
Resource Plan
In order to ensure adequate funding for the Agency, the Administrator would annually prepare a resource plan describing the resources required to develop and fully implement the national food safety program. This plan would be submitted to Congressional appropriations committees and other relevant committees.
TITLE III – Research and Education
The legislation would require the Administrator and the Centers for Disease Control and Prevention to maintain an active surveillance system for foodborne illness. The data collected in this surveillance system and a sampling program would be used to assess the frequency and sources of food safety illnesses in the United States.
The Administrator would conduct cooperative research with other departments and organizations such as USDA, NIH, private universities and colleges, and work with states.
The bill would establish a national public education program on food safety for consumers and health professionals. The bill would also provide the Administrator with the authority to conduct basic and applied research to improve sanitation and processing practices; develop better techniques to monitor and inspect food; develop efficient, rapid and sensitive methods for detecting and identifying contaminants and determine the source of contamination; develop better food consumption data; and identify practices in animal production that could improve the safety of the food supply, as well as methods to identify and control pathogens and zoonotic diseases.
TITLE IV – Enforcement
Food Detention, Seizure and Condemnation
The bill would give the Administrator the authority to detain and seize any food, food ingredient or animal feed that is believed to be unsafe for consumption, is adulterated or misbranded, or fails to meet other requirements. These authorities are based on provisions in the 2002 bioterrorism law and the current authorities of USDA. If the Administrator determines that through re-labeling or other action a detained food can be brought into compliance, the food may be released. The bill would also permit temporary holds at ports of entry.
Traceback
The bill gives the Administrator the ability to require food producers to include a code on their products so they are easily traceable in the event of a foodborne illness outbreak.
Notification and Recall
The bill creates a voluntary recall procedure for food products that may be mislabeled or unsafe. If this is not effective, a mandatory recall may be instituted. The bill also gives the Administrator the ability to notify consumers as to where the food was located to minimize product consumption. Or, the administrator may provide a list of disease symptoms to look for if the product was consumed.
Civil and Criminal Penalties
Persons may be assessed a penalty of up to $10,000 for violating a food safety law. Individuals who commit a violation with the intent to defraud or mislead may be imprisoned for up to 3 years, fined up to $100,000, or both.
Whistleblower Protection
The bill provides whistleblower protection for individuals who disclose food safety violations, modeled after language in the Sarbanes-Oxley financial accountability bill.
Citizen Civil Actions
The bill allows an individual to initiate a civil action in the event a food safety law is violated.
Ethics Requirements
The bill contains requirements that would help maintain an ethical environment for regulated companies and the regulatory agency.
