Mandatory recalls and import certifications part of FDA's new plan
Mandatory recalls and import certifications part of FDA's new plan
WASHINGTON -- Mandated food-security rules, food recalls and new import- certification requirements for "high-risk foods" are some of the policy changes the Bush administration will recommend in the coming months.
Top administration officials delivered the Import Working Group report to President Bush with 50 recommendations to change policies in the wake of several recalls of contaminated imported toys and foods. Some changes may be sent to Congress as early as February in the government's next spending plan.
"For example, we will establish new incentives for importers that follow strong safety practices and demonstrate a good track record," President Bush said in a Nov. 6 statement. "We will increase our training of inspectors in foreign countries so they can stop dangerous goods at their borders instead of ours. We will work for higher and more uniform standards for high-risk foods and consumer goods. And we will work to increase penalties for those who violate U.S. import laws and regulations."
The wide-ranging report was released the same day as FDA released the companion Food Protection Plan, which listed recommendations for improving domestic and imported food oversight. Both reports outlined a major policy shift as the administration endorsed mandatory recall authority - a tool FDA could use when a company refuses to recall its product voluntarily or moves too slowly in removing it from the market.
"It's nice to welcome them to the party," said Sarah Klein, attorney for the Center for Science in the Public Interest, a consumer group that has been pushing for mandatory food recalls and additional funding for the FDA.
Ms. Klein said that the FDA appears to be "heading in the right direction," but she noted that the report was "silent" on how the FDA will pay for the new programs and that it fails to require food companies to mandate traceability, a critical component in an effective food recall. Some bills on Capitol Hill rely on a user fee on FDA-regulated shipments to pay for the additional federal oversight.
"We are pleased that the FDA is recommending the adoption of mandatory recall authority," said Grocery Manufacturers Association President Cal Dooley.
"Because the FDA is our partner in ensuring the safety and security of the food supply, and because consumers must be able to trust the brands they buy and food they eat, we believe mandatory recall authority should be granted to FDA to expedite the agency's ability to more rapidly respond whenever there is a significant risk of an adverse outcome or whenever food companies refuse FDA's request to voluntarily recall a product," said Mr. Dooley.
Dave Gombas of the United Fresh Produce Association said that the devil will be in the details when discussions begin on some of the policy changes. For example, one recommendation is that the FDA mandate food-security plans at food facilities. Currently, companies rely on government guidance to determine which level of food security they need, he said. While some officials believe food security and food-safety responsibilities are intertwined, this is not always the case in food operations, he added.
Another issue is a move toward a risk-based prevention system that adds inspections for "high risk" foods. Dr. Gombas said that it will depend on how the agency interprets high-risk foods. He questioned whether canned foods, peanut butter and pet foods -- all involved in high-profile recalls but believed to be low-risk products -- would now be on that list.
But he applauded administration leaders for recognizing third-party certification audits as a component for securing safe imports, and for clarifying that imported and domestic products must meet the same U.S. standards.
The FDA would need legislation to be able to accredit third-party auditors, raising questions about whether the audits would become another layer of checks for importers or if they would take the place of private ones.
The administration also plans to enter into more agreements with foreign governments on food inspections and seek authority to ban shipments if access to the products is delayed or denied.
But despite the proposed reforms, some members of Congress remained skeptical. Based on the agency's past track record, "I have low expectations for their willingness to exercise these new authorities and ultimately, their willingness to implement this report," said Rep. Rosa DeLauro (D-CT), who has introduced her own import-safety legislation.
"It will be up to those of us in Congress to act immediately to ensure that the agencies possess the adequate authority to protect American families from unsafe foods and unsafe toys," she said.
Top administration officials delivered the Import Working Group report to President Bush with 50 recommendations to change policies in the wake of several recalls of contaminated imported toys and foods. Some changes may be sent to Congress as early as February in the government's next spending plan.
"For example, we will establish new incentives for importers that follow strong safety practices and demonstrate a good track record," President Bush said in a Nov. 6 statement. "We will increase our training of inspectors in foreign countries so they can stop dangerous goods at their borders instead of ours. We will work for higher and more uniform standards for high-risk foods and consumer goods. And we will work to increase penalties for those who violate U.S. import laws and regulations."
The wide-ranging report was released the same day as FDA released the companion Food Protection Plan, which listed recommendations for improving domestic and imported food oversight. Both reports outlined a major policy shift as the administration endorsed mandatory recall authority - a tool FDA could use when a company refuses to recall its product voluntarily or moves too slowly in removing it from the market.
"It's nice to welcome them to the party," said Sarah Klein, attorney for the Center for Science in the Public Interest, a consumer group that has been pushing for mandatory food recalls and additional funding for the FDA.
Ms. Klein said that the FDA appears to be "heading in the right direction," but she noted that the report was "silent" on how the FDA will pay for the new programs and that it fails to require food companies to mandate traceability, a critical component in an effective food recall. Some bills on Capitol Hill rely on a user fee on FDA-regulated shipments to pay for the additional federal oversight.
"We are pleased that the FDA is recommending the adoption of mandatory recall authority," said Grocery Manufacturers Association President Cal Dooley.
"Because the FDA is our partner in ensuring the safety and security of the food supply, and because consumers must be able to trust the brands they buy and food they eat, we believe mandatory recall authority should be granted to FDA to expedite the agency's ability to more rapidly respond whenever there is a significant risk of an adverse outcome or whenever food companies refuse FDA's request to voluntarily recall a product," said Mr. Dooley.
Dave Gombas of the United Fresh Produce Association said that the devil will be in the details when discussions begin on some of the policy changes. For example, one recommendation is that the FDA mandate food-security plans at food facilities. Currently, companies rely on government guidance to determine which level of food security they need, he said. While some officials believe food security and food-safety responsibilities are intertwined, this is not always the case in food operations, he added.
Another issue is a move toward a risk-based prevention system that adds inspections for "high risk" foods. Dr. Gombas said that it will depend on how the agency interprets high-risk foods. He questioned whether canned foods, peanut butter and pet foods -- all involved in high-profile recalls but believed to be low-risk products -- would now be on that list.
But he applauded administration leaders for recognizing third-party certification audits as a component for securing safe imports, and for clarifying that imported and domestic products must meet the same U.S. standards.
The FDA would need legislation to be able to accredit third-party auditors, raising questions about whether the audits would become another layer of checks for importers or if they would take the place of private ones.
The administration also plans to enter into more agreements with foreign governments on food inspections and seek authority to ban shipments if access to the products is delayed or denied.
But despite the proposed reforms, some members of Congress remained skeptical. Based on the agency's past track record, "I have low expectations for their willingness to exercise these new authorities and ultimately, their willingness to implement this report," said Rep. Rosa DeLauro (D-CT), who has introduced her own import-safety legislation.
"It will be up to those of us in Congress to act immediately to ensure that the agencies possess the adequate authority to protect American families from unsafe foods and unsafe toys," she said.
