In 2008, the Food and Drug Administration (FDA) inspected 153 foreign food facilities out of the estimated 189,000 facilities that are registered with the FDA. The Government Accountability Office (GAO) believes the FDA could step-up the number of inspections it conducts and enhance food safety in the US by using both existing authority and seeking additional authority it does not currently have by getting Congress to act--most likely through pending food safety legislation. This, according to testimony given by the GAO to the House Energy and Commerce Committee about the GAO's report on the FDA's oversight of imported food.While the FDA opened offices in China, Costa Rica, and India, and plans to open additional offices in Mexico and Chile, as well as position staff at European Union agencies, the agency only expects to conduct 600 inspections in 2010. Meanwhile, the FDA is working on a computer screening system, called the Predictive Risk-Based Evaluation for Dynamic Import Compliance Targeting (PREDICT), "that could enhance FDA's risk-based screening efforts at ports of entry, but the system is not yet operational."
The report from the GAO did "identify certain statutory authorities that could help FDA in its oversight of food safety." The GAO said that limitations in FDA's recall authority, the FDA can not order a mandatory recall, increases the risk unsafe food could remain in commerce. Additionally, the GAO noted that under current FDA regulations, companies "may conclude a food ingredient is generally recognized as safe without FDA approval or knowledge. GAO recommended that if FDA determines that it does not have the authority to implement one or more recommendations, the agency should seek the authority from Congress." This is where the food safety legislation being considered by Congress comes into play.
As Carolyn Lochhead reports for the San Francisco Chronicle online, the report by the GAO, as well as a report by the Office of the Inspector General, may provide some momentum in Congress for new food safety legislation. In July, 2009 the House passed HR 2749, and S510 is currently before the Senate. While this legislative effort seems like a logical vehicle for providing the FDA with the authority it needs to step up food safety inspections, providing that authority has become controversial.
The House bill will require that all food facilities implement safety controls to prevent contamination and outbreaks, and these food facilities are subject to FDA regulation. However, their is controversy over the FDA's definition of a "facility" as "any entity that 'processes' food and can include farms that gather produce from neighboring farms for 'community-supported agriculture' plans that market producer directly to consumers[.]" Many farm-state lawmakers are concerned about giving the FDA more authority to regulate on-farm activities. Additionally, the food industry may have issues with changing food recall regulations to allow the FDA to order mandatory recalls.
We shall see if these reports gives momentum for passage of food safety legislation.
To check out the GAO report, click here.
To see the highlights and summary of the GAO report, click here.
To read the Carolyn Lochhead article, click here.
Posted: 05/07/10
