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FDA Chief Hamburg responds to congressional questions on produce-safety rule

WASHINGTON — U.S. Food & Drug Administration investigators may be on farms to enforce the new Food Safety Modernization Act, but they will not be “heavy handed,” FDA Commissioner Margaret Hamburg reassured a congressional subcommittee on Thursday.

Hamburg appeared at the House Appropriations agriculture subcommittee hearing to defend the administration’s proposed FY 2015 budget request and respond to questions from the panel on issues including FSMA.

Subcommittee Chair Robert Aderholt (R-AL) asked Hamburg who would be enforcing the new produce-safety rule when it’s finalized, saying there are “fundamental concerns about FDA’s presence on the farms,” and there is concern that FDA has “the potential to be heavy handed” in its dealings with farmers and ranchers.

“We will have some presence on the farm. I certainly don’t intend it to be heavy handed,” she said. The agency said she plans to build upon the relationships that already exist, like investing in the states to implement FSMA.

Rep. Sam Farr (D-CA) asked Hamburg about whether companies in California that follow the Leafy Greens Marketing Agreement protocols would be exempt from certain provisions under FSMA.

“We don’t want duplication or more regulation, essentially,” he said. FDA may be able to draft a memorandum of understanding or grant these companies a waiver because they already comply with strict food-safety rules, Farr suggested.

“We certainly don’t want to create a system that adds duplication of effort and more layers of activity, but rather reflect best practices and a fairly uniform approach across the nation,” Hamburg said.

The LGMA companies approach is “foundational” to produce safety,  she said, and “It will all come together in a system.”  

She added, “What they’re doing will conform with [FDA’s] standards and expectations.”

Farr argued that these firms should not have to undergo separate audits.

“We agree,” she added.

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