HR 2749, the Food Safety Enhancement Act of 2009, is an attempt to address food safety from the farm to the national and international market. It addresses domestic food production as well as imported food into the United States. While some parts of the legislation are supported by National Grange policy, an amendment is needed to clarify that farms, farmers markets, and restaurants are not "facilities" and should not be subject to a $1,000 fee or periodic inspections by the U.S. Food and Drug Administration. Without this clarification, the vague and over inclusive wording of this bill could prompt lawsuits in future years that expand the scope of the bill to include farms, farmers markets, and restaurants. Instead the bill should make clear that any food safety or public health inspections for farms, farmers markets, and restaurants are only to be conducted by local/state health departments and state departments of agriculture.
Background and Bill Highlights
On June 11, 2009, a Subcommittee on Health forwarded the Food Safety Enhancement Act of 2009, sponsored by Representative John Dingell, to the full House Committee on Energy and Commerce. The legislation grants the Food and Drug Administration the authority and resources to oversee the safety of the nation's food supply. It also increases the industry's responsibility for overseeing the safety of their own products and provides FDA with new and enhanced tools to hold them accountable when they fail.
Food production facilities will be required to have a recorded hazard analysis identifying and monitoring preventive controls and corrective actions. In general the facility would self determine the possibility of hazards that may occur naturally or intentionally including acts of terrorism. They would then implement effective preventive controls to counteract the hazards identified in the analysis. In the event of any necessary corrective actions the facility would not be able to enter the product into the consumer market.
All food facilities must implement a written food safety plan that includes the hazard analysis, a description of the implemented preventive controls and monitoring and any corrective actions, all record keeping, a description of the facility’s procedures for recall of food, a description of the tracing procedures, and an overall description of the procedures to ensure a safe and secure supply chain for the ingredients used in making the final product. This information must be reviewed every two years.
The legislation includes sections for safety standards for fresh produce and raw agricultural commodities including food being grown, harvested, packed, sorted, and transported, including all plants and funguses. If the legislation passes, newly created regulations will include science-based standards meant to prevent the introduction of known or reasonably foreseeable biological, chemical, and physical hazards to unintentionally or intentionally alter food. This may include standards addressing manure use, water quality, employee hygiene, sanitation, animal control, and temperature controls. An amendment is needed in this section of the bill to clarify that farms, farmers markets, and restaurants are not "facilities" and should not be subject to a $1,000 fee or periodic inspections by the FDA. The amendment should allow these inspections to be conducted by local/state health departments and state departments of agriculture.
If the bill passes, regulations will be required to establish a food tracing system for all food manufactured in the U.S. or imported into the country. The tracing system will include where the food is produced and its distribution history. Before these proposed regulations are enacted, there will be at least 2 public meetings to for input. Additionally, there will be at least one pilot project to evaluate tracing systems for food. Exemptions will be made for direct sales of food from the farm to the consumer or restaurant.
Imported food will also be regulated under the legislation. All imported food will be required to have qualified certification including the country of origin to comply with this Act. Additionally, there is a section of the legislation outlining procedures for the recall of domestic and imported food to ensure appropriate safety and security controls. Also, a new surveillance system will be designed to build upon the existing system. Upon evidence of health risk, geographic areas could be quarantined to restrict the movement of food or vehicles that have been used to transport food. Additionally a public education program on food safety shall be designed and implemented.
Grange Policy
Food Safety and Labeling
- The National Grange favors strict enforcement of all food labeling laws by the Food & Drug Administration. We encourage the National Safety Working Group and Congress to enact far-reaching legislation increasing the inspection rate and level of safety of imported foreign foods, drugs, and manufactured goods.
- The National Grange supports policies on food origin labeling, consumer educational programs and the traceability of the origin of food between USDA and Homeland Security and increased funding for the inspection of imported food products and ingredients. We specifically recommend that all imported products be labeled with the name of the country of origin including meat, poultry, seafood, and fresh produce until the consumer purchases it as a means of providing vital information about food sources.
Action Needed
Please e-mail your U.S. Representative urging them to support an amendment to HR 2749 to clarify that farms, farmers markets, and restaurants are not "facilities" under the definition of this legislation and should not be subject to a $1,000 fee or periodic inspections by the FDA. The amendment should require these inspections to be conducted by local/state health departments and state departments of agriculture. Please feel free to cut and paste the following sample letter. If you do not know your Representative’s e-mail address, please click here to find it.
Sample E-Mail
Dear Representative _____________,
I am writing to request your support for an amendment to HR 2749, the Food Safety Enhancement Act of 2009. This legislation, sponsored by Rep. John Dingell, is an attempt to address food safety from the farm to the national and international market. It addresses domestic food production as well as imported food into the United States.
On June 11, 2009, a Subcommittee on Health forwarded the Food Safety Enhancement Act of 2009 to the full House Committee on Energy and Commerce. The legislation grants the Food and Drug Administration the authority and resources to oversee the safety of the nation's food supply. It also increases the industry's responsibility for overseeing the safety of their own products and provides FDA with new and enhanced tools to hold them accountable when they fail.
While some parts of the legislation are supported by National Grange policy, an amendment is needed to clarify that farms, farmers markets, and restaurants are not "facilities" and should not be subject to a $1,000 fee or periodic inspections by the FDA. The amendment should require these inspections to be conducted by local/state health departments and state departments of agriculture.
Please consider supporting an amendment to HR 2749 when it is discussed by the full House of Representatives to protect the agricultural community from undue fees and federal inspections while still protecting the nation’s food supply.
Sincerely,
Your Signature
Your Grange name and number
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If you have any questions or comments regarding this Action Alert, please contact National Grange Program Assistant Molly Thompson by e-mail: mthompson@nationalgrange.org, or by phone: 1-888-4GRANGE, ext. 107. Thank you for your grassroots participation in the National Grange Legislative Program.
Thank you for your grassroots participation in the National Grange Legislative Program.
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