“If there’s any good that can come from this tragic [salmonella] outbreak, it is long-overdue changes that can help protect the American public from the food supply.” So said Rep. Bart Stupak (D-MI), concerned that food is dangerous for America’s health.
Nobody in Congress is more terrified of food than Rep. Rosa DeLauro, who introduced HR 875, the Food Safety Modernization Act, to give the FDA unprecedented powers over the food supply. And, like the intrusive and overbearing H.R. 4040, the Consumer Product Safety Improvement Act, this bill also promises to target small producers: family-owned farms, organic farms, and your home garden. From the Federal Times:
The Food and Drug Administration is asking Congress to give it more power to regulate the nation’s food supply in the wake of another deadly salmonella outbreak. Agency officials told lawmakers they want hundreds of millions of dollars more in the coming years to hire new staff and improve food testing facilities, and the power to register food producers and to order recalls of dangerous products. The agency was embarrassed by several recent outbreaks of foodborne illness, most recently a salmonella outbreak linked to products from Peanut Corp. of America (PCA). FDA has acknowledged that it inspected the company’s Blakely, Ga., facility only sporadically: once in 2001, and then again this year. And it never learned about 10 salmonella tests, conducted by private labs, that found the toxin in PCA’s products.
Rep. DeLauro has introduced this bill before, and it died in committee. However, the new Administration is far more receptive, especially in the wake of the peanut butter salmonella outbreak. Basically, the bill would:
1. Require food companies to implement preventive plans and meet performance standards for food contaminants.
2. Create a system for certifying the safety of imported foods.
3. Establish a strong risk-based inspection regime for food companies.
4. Grant the government explicit authority over all food-production facilities.
5. Enable enforcement tools: Mandatory recalls, civil penalties
As usual, nobody can argue that food safety is unimportant. What can be argued, however, is how H.R. 875’s broad regulations will strain, crimp, and ultimately shut down small businesses that are unable to meet its rigorous requirements. Just like the Consumer Product Safety Act, even the smallest producer is required to comply. So far, roadside vegetable stands, hot dog sellers, and children’s lemonade stands have slipped through the FDA’s grip, until now.
The FSA’s new powers would be more authoritative and centralized than ever before, but that might prove controversial:
DeLauro’s bill would also mean a big reorganization at the Health and Human Services Department: It removes food safety functions from FDA and places them in a new agency within HHS. FDA would still handle drug and medical device inspections. The new Food Safety Administration would also absorb part of the Commerce Department’s National Marine Fisheries Service, which runs a seafood inspection program. That change might prove controversial: GAO recently dropped its recommendation that food safety functions be consolidated under a single regulator.
Much like Congress’ useful
Chimp-control legislation from last week, a
crisis is the best opportunity to expand federal bureaucracies into places that have never needed Washington’s intervention–such as hot dog vendors, roadside vegetable stalls, and children’s lemonade stands.