Senate Passes Overhaul of Food Safety Law

     The Senate this morning passed an overhaul of the nation's food-safety system by a vote of 73 to 25. The legislation would strengthen the Food and Drug Administration. Staunch opposition by Senator Tom Coburn of Oklahoma forced months of delay, because he wanted less food safety regulation, not more.
     Despite unusual bipartisan support, the bill could still die because the Senate must be reconciled with version passed earlier by the House of Representatives. The Senate's version includes an local-food producers' exemption introduced by Senator Jon Tester. 
     An article of the passage is available here in the New York Times.

Federal Safety Standards Would Help Small Farms

Matthew Enis of Supermarket News wrote a column explaining why pending food safety legislation should not let small, independents off the hook. Some independent growers and food activists fear that the FDA would use increased powers to harass small farmers and the increased compliance cost could them out of business. 

"The fact is, the local foods movement is enjoying an all-purpose halo effect right now, but advocates can't take safety for granted. It's still highly unlikely that a farmers' market will ever cause a multi-state outbreak. But, the Internet and social media tools will magnify the effect of minor outbreaks in the future. If small growers want to maintain their wholesome image, they should expect all of their peers to be meeting the same standards for safety."

How Food Recalls Work - A Look at Distribution Technology

The recent recall of nearly half a billion eggs reignited the debate over mandatory tracking for food distribution reaching back to the farm. Stephen Jannise of Distribution Software Advice has written an interesting about the egg recall. He created a hypothetical, behind-the-scenes illustration of how a food recall works. You can read it here.

IOM Front-of-Package Label Committee report

The Institute of Medicine (IOM) released its Front-of-Package (FOP) labeling report. This Phase I report provide a detailed examination of about 19 of the existing FOP schemes and some recommendations about what such schemes ought to do. As the IOM press release explains:

A multitude of nutrition rating, or guidance, systems have been developed by food manufacturers, government agencies, nutrition groups, and others in recent years with the intent of helping consumers quickly compare products’ nutritional attributes and make healthier choices. Ratings are typically communicated to shoppers through symbols placed prominently on food packaging, usually on the front, or on retail shelf tags. Unlike the Nutrition Facts panel, these rating systems and symbols are unregulated, and different systems focus on different nutrients. The variation may confuse consumers, and questions have been raised about the systems’ underlying nutritional criteria.

Marion Nestle provides a good summary of the report here. 

Symposium: New Landscapes in Food and Agricultural Law and Policy

The University of Oregon School of Law will be presenting a symposium titled, Cultivating our Future:  New Landscapes in Food and Agricultural Law and Policy. The symposium is October 1, 2010, 8-5pm PST, in Eugene, Oregon. Neal Fortin, Director of the Institute for Food Laws & Regulations at Michigan State University will be presenting on the panel, “Food for Thought–Strategies for Advocacy.”  Click here for more information. Click here to register.

Sen. Durbin to Coburn's Obstruction of S. 510

Senator Durbin unveils Sen. Coburn's blind obstructionism.

Fwd: Food Safety Accountability Act

Senators Patrick Leahy, Amy Klobuchar, and Al Franken have introduced the Food Safety Accountability Act of 2010, (S. 3767). The bill would not amend the Food, Drug, and Cosmetic Act. Rather the bill creates a new penalty in Chapter 47 of title 18 of the United States Code. Title 18 contains crimes and criminal procedure, and chapter 47 contains the various crimes of fraud.  The new criminal penalty would be for knowing introduction of misbranded or adulterated food into interstate commerce.

There already is an intentional crime penalty section in the FDCA. So it is interesting that the Senators choose the fraud chapter of criminal code rather than the Food, Drug, and Cosmetic Act (FDCA). Perhaps they did this to move the bill through a more favorable committee. Senator Leahy chairs the Senate Judiciary Committee. Maybe this will prod the Senate to vote on the Food Safety Modernization Act, S. 510, which has languished in the Senate for 13 months.

Stephen Colbert to Testify to the House Today

Doug Powell reports that Stephen Colbert is scheduled to testify at the " “Protecting America’s Harvest,” House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law.

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Moldy Oldy Food Laws - Time for the Senate to Act

When Theodore Roosevelt signed the Pure Food and Drug Act in 1906, it was a landmark. Unfortunately, in many situations the Food and Drug Administration (FDA) is still works with the 1906 tools. We don't expect FDA to drive Model-Ts. We shouldn't expect them to work with an antiquated food food law.

After half a billion eggs were recalled, you would think Congress would act on long-awaited food safety legislation. But Senate Bill 510 has stalled for more than a year. The House passed its version of bill in July 2009. In those 13 months there have been 85 food recalls, and most recently, the largest egg recall in history. 

Time is running out because nothing will get done in Congress from November on into 2011. Now is the time to act. Call your senators and urge them to bring S. 510 to a vote!

My local newspaper's reporting of maggots in a coffee maker reminded me of why we need effective government regulation of food. The public needs a watchdog because we cannot see the maggots inside the food processing equipment. The food industry needs an effective watchdog, too, because their business relies on public confidence. I am sure sales of mochas and cappuccinos dropped at all local outlets after the newspaper reported on a single bad apple.

Shitor sauce recalled for dangerous bacteria

I could not make this up. The Canadian Food Inspection Agency is warning the public not to consume Shitor sauce because this product may be contaminated with Clostridium botulinum.

Choices Issue Devoted to GMOs

Interesting reading if you like reading on GMOS: http://www.choicesmagazine.org/magazine/block.php?block=48

S 510, the FDA Food Safety Modernization Act, is still alive

Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor and Pensions Committee, issued the following statement on the manager's package for The FDA Food Safety Modernization Act. The  full manager's package (over 200 pages) is available on Bill Marler's site:  S. 510 - FDA Food Safety Modernization Act.

"For far too long, the headlines have told the story of why this measure is so urgently needed: foodborne illness outbreaks, product recalls and Americans sickened over the food they eat. This 100-year-old plus food safety structure needed to be modernized," said Harkin.

"I am pleased that after a great deal of time and effort from members on both sides of the aisle, we have a strong, bipartisan proposal that will overhaul our current food safety system – a system that right now fails far too many American consumers. I am confident that the remaining details will be worked out and am hopeful that the measure will come to the Senate floor as soon as possible."

The FDA Food Safety Modernization Act passed the HELP Committee without a single dissenting vote on November 18, 2009. The bill is supported by dozens of industry and consumer organizations including the Center for Science in the Public Interest, the Consumer Federation of America, the Grocery Manufacturers of America, the National Association of County and City Health Officials, the National Restaurant Association and the Trust for America's Health.

Raw Milk - Two Perspectives

Bill Marler and Marion Nestle spoke with NPR about the safety (or lack thereof) of raw milk. You can read Bill's blog post here. Listen to the full 10 minutes at NPR here.

EFLA Congress on Private Food Law

The European Food Law Association (EFLA) Congress, which will take place in Amsterdam from September 15–17, 2010, is entitled "Non-regulatory dimensions of food law." Lawrence Busch, University Distinguished Professor, Michigan State University, will present the talk, "Quasi-States? The Unexpected Rise of Private Food Law."  He discusses how the retreat of the state led to the rise of a wide range of 'quasi-states' of firms, industry groups, and private voluntary organisations, pursuing their own aims and interests through private codes, laws, rules, and regulations. Whether they can achieve legitimacy and democratic modes of governance remains to be seen.

For more information, please visit www.efla-aeda.org.

Chasing the Ambulance Away: Reshaping the Role of the Personal Injury Lawyer in Society and the Law

Denis Stearns, Founding Partner, Marler Clark LLP, PS, was the featured speaker at The Robert Leader Endowed Lecture, Thursday, June 17 at Michigan State University. The lecture entitled, Chasing the Ambulance Away: Reshaping the Role of the Personal Injury Lawyer in Society and the Law is available  online; click here.Stearns began his involvement in food-related litigation in 1993 as one of the lead defense attorneys handling the cases arising from the historic Jack in the Box E. coli O157:H7 outbreak. Since helping to found Marler Clark twelve years ago, he has worked on hundreds of food outbreak cases, including recent ones involving E. coli O157:H7-contaminated Dole spinach, Salmonella in Peter Pan peanut butter and Banquet pot pies, and a spate of outbreaks involving E. coli O157:H7 in ground beef, Nestlé cookie dough, and raw milk.

Jim Prevor: Aggrandizing the FDA

Jim Prevor, the Perishable Pundit, has written a provocative piece, “How to Improve Food Safety: Aggrandizing the FDA Only Distracts from Real Solutions,” for The New Atlantis. Jim Prevor’s lead point—that attention on improving the FDA distracts from real solutions for nagging food safety concerns with raw produce—is well taken. Ironically, the article’s leading points—a cursory dismissal of the FDA Food Safety Modernization Act and a flawed discussion of product liability standards—are distractions from other solutions proposed that deserved far more attention. Indeed, the FDA Food Safety Modernization Act will not solve our food safety concerns with raw produce.  Nor will the law eliminate all problems with the Food and Drug Administration (FDA).  Nevertheless, these points do not add up to a reason to withhold support for the bill.

But read on. Jim Prevor is a  voice crying out in the wilderness about the need to invest in food safety research, state health laboratories, food safety education, and agricultural extension. These crying needs are why discussion of strict liability versus  negligence are a distraction. No system of liability will generate the level of private investment in research and extension that are desired. Private interests should not be expected to invest in the commons. That is why there is a need for public investments in food safety research, state health laboratories, food safety education, and agricultural extension for the greater common good.

For my Francophone readership, Jim Prevor’s article was translated into French and is available here.

Summer Academy in Global Food Law & Policy, Como Lake, Italy

The 2^nd EFFL Summer Academy in Global Food law & Policy will be held on July 26-30, 2010, at the beautiful Villa La Collina on the shores of the Como Lake, Italy. Building on the successful previous edition, the academy will offer scientific reflection and discourse on key legal and policy issues in European and World food law as well as information and updates on the latest developments. This will be achieved through a dynamic, informal and highly interactive five-day programme, which includes lectures, presentations, discussion groups and social activities. The faculty of the academy consists of food experts coming from relevant authorities, European and US institutions, academia, legal practice and the industry.

Speakers

Alberto ALEMANNO Associate Professor of Law HEC, Paris

David BYRNE S.C. Former EU Commissioner for Health and Consumer Protection

Dirk DETKEN Head of the Units Legal & Policy, European Food Safety Authority (EFSA)

Marsha A. ECHOLS, Director of the World Food Law Institute, Washington D.C.

André EVERS, Food and Veterinary Office, European Commission

Andreas KADI, Chief Science Officer, Red Bull GmbH

Susanne KETTLER, Scientific and Regulatory Affairs Director, Coca-Cola Company

Vittorio SILANO, Chair of the Scientific Committee, European Food Safety Authority

 

Topics

 The summer academy will cover main aspects of the law and policy of food regulation. Thereby, it will give a broad overview on the subject from a legal as well as a public policy point of view. In particular, it will discuss on the following:

- The global and international food regulation (WTO, SPS/Codex Alimentarius, WHO/FAO)

- The State of Play of WTO trade disputes (Hormones II, COOL, Australia Apples, EC-Poultry) and EU Food regulation (Food Supplements, enriched foodstuffs, novel food and Food Improvement Agents Package)

- The emergence of private standards
- Food quality and labelling issues

- The new challenges facing EFSA (Health Claims; Animal Cloning; Safety and claims of botanical) and its relationships with US FDA/USDA

- The risk analysis framework as applied in the food regulation sector

- The system of official controls
- Data sharing, protection and compensation in pre-market approval regimes

 

Please apply no later than May 30, 2010.

Further information, please visit: http://www.lexxion.de/2nd-effl-academy/ 

Food Inc. and Commentary

Check out Susan Schneider's posting over at the Agricultural Law blog: Food Inc. and Commentary

GAO Reports about FDA Strengthening Oversight of Imported Food

The Government Accountability Office (GAO) today released the following testimony, "Food Safety: FDA Could Strengthen Oversight of Imported Food by Improving Enforcement and Seeking Additional Authorities.” GAO-10-699T, May 6 available at: http://www.gao.gov/cgi-bin/getrpt?GAO-10-699T

Highlights - http://www.gao.gov/highlights/d10699thigh.pdf

Salk Cures Disease, Salt Cures Ham

Stephen Colbert takes on salt with guests from the Salt Institute and Center for Science in the Public Interest:

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