Political Discussions

    Congress considers food safety legislation
    A federal bill that would significantly reform oversight of food safety by the Food and Drug Administration (FDA) has passed out of the House Energy and Commerce Committee.

    The Food Safety Enhancement Act of 2009 would give the FDA more authority to recall contaminated food, require more frequent inspections of food facilities, and improve traceability of foodborne pathogens.

    At the urging of UCS, an amendment was offered to address the growing problem of foodborne pathogens that are resistant to antibiotics due to overuse in animal agriculture, but the amendment was withdrawn during debate.

    The Union of Concerned Scientists (UCS) also urged the committee to amend the bill to ensure that it does not place a disproportionate burden on small and organic producers.

    Summary of Discussion Draft of the Food Safety Enhancement Act of 2009, Committee on Energy and Commerce PDF energycommerce.house.gov/Press_111/20090526/fsea_summary.pdf

    See also: www.ucsusa.org/food_and_agriculture/solutions/wise_antibiotics/

    Discussion questions:
    (1) Have you read the draft bill, and if so, do you think it will ensure food safety?

    (2) Have you discussed the draft bill with your friends and neighbors?

    (3) Have you or will you be sharing your feedback in response to the draft bill with your Congressman?

Reply

User Comments

  1. Agit8r
    will check it out. thanx
  2. Anok
    I saw a blip about it on the news the other day. I don't know enough to really make a comment, b ut from the outside I would say that ensuring the food we have to purchase is contaminate and disease free should be priority number one.

    Just saying
  3. timethief
      Read the full text of H.R. 2749: Food Safety Enhancement Act of 2009. www.govtrack.us/congress/billtext.xpd?bill=h111-2749

      The Farm-to-Consumer Legal Defense Fund has an extensive discussion here www.ftcldf.org/news/news-15june2009.htm

      "HR 2749 gives FDA tremendous power while significantly diminishing existing judicial restraints on actions taken by the agency. The bill would impose a one-size-fits-all regulatory scheme on small farms and local producers; and it would disproportionately impact their operations for the worse.

      HR 2749 does not address underlying causes of food safety problems such as industrial agriculture practices and the consolidation of our food supply. The industrial food system and food imports are badly in need of effective regulation, but the HR 2749 does not specifically direct regulation or resources to these areas."

      ALARMING PROVISIONS:
      (1) FDA the power to order a quarantine of a geographic area, including the ability to shut down farmers markets and local food sources, even if they are not the source of the contamination;

      (2) FDA power to make random warrantless searches of the business records of small farmers and local food producers, without any evidence whatsoever that there has been a violation;

      (3) Secretary of Health and Human Services tracing system for food without detail regarding how it will be done for multi-ingredient foods;

      (4) Severe criminal and civil penalties, including prison terms of up to 10 years and/or fines of up to a total of $100,000 for individuals;

      (5) An annual registration fee of $500 on any "facility" that holds, processes, or manufactures food. Although "farms" are exempt, the agency has defined "farm" narrowly. And people making foods such as lacto-fermented vegetables, cheeses, or breads would be required to register and pay the fee, which could drive beginning and small producers out of business during difficult economic times;

      (6) FDA to regulate how crops are raised and harvested.

      The "Oppose HR 2749" petition is posted at www.ftcldf.org/petitions/pnum993.php
  4. clioandme
    I wonder what impact it will have on small organic farmers.
  5. timethief
    That's exactly the concern.

      "Food safety is best achieved at the local level; small farmers and local food processors are part of the solution to food safety, not the problem. Yet, this onerous Orwellian-style grants more and more power to an opaque and unaccountable agency, that could result in hyper-regulating small producers out of business or turning them into serfs for the state, and leaving the industrial food system and food imports completely alone to commandeer the marketplace." -- Ann Shibler in From Farming to Serfdom

      FDA to regulate how crops are raised and harvested
      The nail in the coffin for any independent producer would be provisions in H.R. 2749 empowering the FDA to dictate farming practices. In fact, organic- and sustainable-farming practices could be eliminated outright under a scheme to regularize farming practices under the heading of safety standards.

      For example: Raw meat may be subject to irradiation, and no one would be allowed to drink raw milk. For details, check section 104 of the text of the bill.
  6. clioandme
    Here's the latest from the Farm-to-Consumer Legal Defense Fund (www.farmtoconsumer.org/), which is concerned with protecting local agriculture. Seems this bill, while well-intended, is also overreaching and could hurt local food systems. Some of you who worry about too much power for federal agencies will also be interested.

    > HR 2749, the Food Safety Enhancement Act, did not pass the
    > House on Wednesday.  It was scheduled on the Suspension
    > Calendar, which meant no amendments could be offered and
    > only 40 minutes of debate.  But the proponents failed to
    > muster the necessary two-thirds vote to pass the bill
    > under suspension.  Instead, 150 Members of Congress said
    > "Stop!"
    >
    > But the fight is not over!!!
    >
    > In a very unusual move, the Rules Committee met Wednesday
    > afternoon and reported the bill to the floor a second time
    > under what's called a "closed rule," which allows only one
    > hour of debate.  So the House may vote on HR 2749 again as
    > soon as today, Thursday!
    >
    > The Farm-to-Consumer Legal Defense Fund is asking everyone
    > to contact their U.S. Representatives AGAIN requesting
    > that they vote against HR 2749. 
    >
    > Industrial food processors and food imports need effective
    > regulation, but this should not be done at the expense of
    > the 'local food system.'  HR2749 will impose burdensome
    > regulations on many small farmers and local food producers
    > including registration fees and extensive paperwork
    > requirements for which many small food businesses will not
    > have the resources to comply.  The 'local food system' is
    > not the source of the food safety problems in this
    > country, small farmers and local artisanal producers are
    > part of the solution. 
    >
    > HR 2749 would reduce FDA's accountability while
    > significantly increasing its power.  The bill would
    > empower FDA to conduct warrantless searches of business
    > records without any evidence whatsoever that a violation
    > has occurred, to order a quarantine prohibiting or
    > restricting the movement of food in a geographic area.  HR
    > 2749 also creates severe criminal and civil penalties with
    > the potential for substantial fines for even minor
    > violations of the law.

    I get my food through a group that works with one local farm in particular, supplementing it with others, and this is a matter of concern for us. Course, since I don't have a representative, I can't call anyone. Many of our members live in Maryland and Virginia, though, so they can contact their representative.
    1. clioandme
      Here's more: hartkeisonline.com/2009/07/30/hr-2749-will-be-voted-on-again-today/. If you're reading this on Thurs. 7/30, it's the last chance to contact your rep, those of you who have one.
  7. macwilliams
    I spent a good deal of my career in the food industry, and I can tell you first hand that the problem does not lie with a lack of regulation. It lies with enforcement of the current regulations. FDA has a MASSIVE shortage of inspectors due to a variety of things from continually reduced funding to poor management inside the agency. Passing this, or any other bill is not going to address that issue. This is a feel-good item that will indeed be onerous and will not address the issue at the root of the problem.

    It also will do little to deal with the problems being caused by imports, such as the lead paint in toys and the melamine in baby formula (a little of which did actually slip into the U.S.). I'm afraid this bill is a device to allow Congress to say they tried to do something about the problem instead of forcing them to do something about the problem.
    1. timethief
      Thanks for commenting. Enforcement is always a huge problem. My concern is that the "industry" will remain the power broker and the small organic farmers will be subject to unrealistic restrictions. Call me paranoid if you want but I believe that the factory farm industry is engaging in practices that present a danger to the health of Americans. I also believe empowering the FDA to dictate farming practices is a bad move.
  8. clioandme
    @Timethief: Is this kind of thing a problem in Canada as well?
    1. timethief
      We do have problems as well but not to the degree that I have read about in the USA. Organic- and sustainable-farming practices could be eliminated outright under a scheme to regularize farming practices under the heading of safety standards. Coca-Cola, Wal-Mart and the corporate owners of cigarette giant Phillip Morris Companies Inc. have gone into organic and natural food. Well, these are the same corporations, which have been accused of contributing to obesity, cancer-related deaths and the destruction of independent businesses, and they are swiftly taking over the organic industry in Canada.

      Canada has not been immune to the consolidation trend, we see down south. The acquisitions haven’t been as plentiful because there are fewer manufacturing companies to begin with and where the focus has been on smaller crops like flax and peas instead of corn and soybeans, which are the crops the big guys are interested in.

      Some believe the big guys entry into organic food, from apples to milk to hamburgers, into mainstream retailing means the industry is getting the recognition and sales it deserves. I don't buy into that. I am concerned that corporate empires will wipe out small, independent farms, rely heavily on imported food from countries with suspect standards, and rapidly erode the principles upon which organic food production was built. The big corporations are getting into organics because they want to make a lot of money -- they want to make it fast.
    2. clioandme
      Well, HR 2749 passed this week, but we'll have to see what happens in the senate.
    3. clioandme
      It is disgusting, by the way, how many non-organic ingredients are getting the USDA organic label (www.washingtonpost.com/wp-dyn/content/article/2009/07/02/AR2009070203365.ht...). These days I look for other certifications, if I actually have to buy food in a store.
    4. timethief
      SIGH ... In my case this is serious because I can't eat the crap that is passed off as food without becoming very ill. I have an immune deficiency disease. When I eat processed food or any foods with additives and preservatives I end up in hospital. One would think that the government would advocate on behalf of those who need high quality, whole, organic food and not get sucked into the corporate hype. However, the government and the corporations appear to be in bed together.

      I do note though that our standards for organic labeling are far better than the American scenario. It's been a hell of a battle and will continue to be one.
  9. timethief
    Going organic: Growing demand, tougher regulations
    July 29, 2009. Organic food is a booming business in Canada, with sales reportedly rising by 20 per cent a year for most of this decade. The market has grown so quickly that major supermarket chains are having difficulty keeping up with demand. ...

    National standards were put in place by the Canadian Food Inspection Agency on June 30, 2009, stating that only food products comprised of 95 per cent organic content can be certified as organic or have the variation of the word "organic" anywhere on the product or its packaging. This rule applies to fruits, vegetables, dairy products, meat and processed food. The product must also have been grown using natural fertilizers, and animals must be raised in as natural an environment as possible, the federal watchdog says.

    The rules say that for a product to be called organic, it must "come from a farm system employing management practices that seek to nurture ecosystems in order to achieve sustainable productivity; and that provide weed, pest and disease control through a diverse mix of mutually dependent life forms, recycling of plant and animal residues, crop selection and rotation, water management, tillage and cultivation."
    www.cbc.ca/consumer/story/2008/05/07/f-food-organic.html

    If I were an American I would be lobbying for the same standards that Canadian Food Inspection Agency brought in on June 30, 2009 be adopted in the USA as well.
  10. macwilliams
    "My concern is that the "industry" will remain the power broker and the small organic farmers will be subject to unrealistic restrictions."

    Unfortunately, I think your fears are well-founded. Unless I miss my guess, the bulk of the crackdowns will come against mid-sized to smaller operations. These will be mostly for show, but will damage the smaller operations nonetheless. This will also have the insidious effect of making the big corporations stronger by helping to weed out and minimize the effect of the smaller competitors.

    I wish I had better news, but go back 30 years and look at the number of small and mid-sized food manufacturers then to the number today. History, unfortunately, has a way of repeating itself.

    I am sorry, by the way, to hear about your disease and your struggles obtaining quality organic food. The good news is that there still aren't enough people to actually enforce these new regulations, and after the heat dies down, the regs will probably go the way of most of this kind of political puffery.

Add Your Comment

Login to leave a message.