Food Safety Modernization Act of 2009

[annecros]

Well, small market growers - backyard hobby gardeners - organic farmers are in a bit of a tizzy around and about concerning H.R. 875, the Food Safety Modernization Act of 2009.

This bill would establish the Food Safety Administration within the Department of Health and Human Services. If I am reading it correctly, it basically establishes a federal authority over all food production. A food production facility is defined as:

(14) FOOD PRODUCTION FACILITY- The term ‘food production facility’ means any farm, ranch, orchard, vineyard, aquaculture facility, or confined animal-feeding operation.

Very broad indeed. There are also requirements for tracking of food product, process controls, record keeping and "good practice" standards, Imported food must come from "accredited" sources and may limit ports of entry to those where facilities are present to test said food product, and some other stuff.

I know we have some Slow Food people around, where are you guys on this issue? What is the organic farmer to do, if forced to use food safety measures that conflict directly with regulations? What about Suzy hobby gardener and her tomato table at the Flea Market?

So far the news I have read has been generally negative in response to this bill - but most have been op-ed in nature. I can find plenty of opinion right here in the forums!

I must say, I do not want to worry about a salmonella laced peanut butter cracker sickening myself or a loved one in the future. And I also must say that my opinion of the actions of the peanut plant in Georgia is a very low one.

But, this is a bit much to me.

[gfron1]

In our area this has translated in the recent months into no baked goods at our farmers market that weren't created in a commercial kitchen, and no eggs except from registered poultry growers. And I'm like you that I want safety, but where have we lost common sense.

[HungryC]

My local farmer's market already won't allow backyard hobby gardeners...anyone vending must pay a membership fee, possess a product liability insurance policy, and participate in a minimum number of weeks per year to maintain their spots at the market. The local board of health also already restricts sales of prepared foods to those produced in a commercial kitchen. But, we do have a gov't owned commercial kitchen available for rent, so small value-added producers can still comply with the health regulations.

Haven't seen the "egg police", so yard eggs are still very much for sale!

[Andrew Fenton]

In our area this has translated in the recent months into no baked goods at our farmers market that weren't created in a commercial kitchen, and no eggs except from registered poultry growers.

Impressive, given that it hasn't yet become law! Presumably New Mexico has passed its own food safety laws?

Anyway, from what I can tell the main goal of the legislation is to split the FDA into two entities: one for drugs, and one for food. That seems sensible to me, not least because the food side of the FDA has been neglected in recent years.

Some aspects seem sensible as well, such as increasing the number of inspections of food processing plants. Other goals, such as certifying that imported food is produced under safe conditions, are laudable, though given the huge amount of food we import, I don't know how likely they are to be enforced. An interesting provision is section 403(b), which calls for mandatory recalls of tainted foods. Right now, recalls are optional, and prosecutions for killing people with contaminated food are pretty rare. I can't say I have a problem with mandatory recalls of peanut butter a la salmonella.

I have to say that worries about jackbooted thugs kicking down stands at farmers markets seem overblown; resources are scarce enough for dealing with large producers. If you're worried, you should be talking to your local government agencies, who already do oversee that sort of thing.

[annecros]

In our area this has translated in the recent months into no baked goods at our farmers market that weren't created in a commercial kitchen, and no eggs except from registered poultry growers.

Impressive, given that it hasn't yet become law! Presumably New Mexico has passed its own food safety laws?

Anyway, from what I can tell the main goal of the legislation is to split the FDA into two entities: one for drugs, and one for food. That seems sensible to me, not least because the food side of the FDA has been neglected in recent years.

Some aspects seem sensible as well, such as increasing the number of inspections of food processing plants. Other goals, such as certifying that imported food is produced under safe conditions, are laudable, though given the huge amount of food we import, I don't know how likely they are to be enforced. An interesting provision is section 403(b), which calls for mandatory recalls of tainted foods. Right now, recalls are optional, and prosecutions for killing people with contaminated food are pretty rare. I can't say I have a problem with mandatory recalls of peanut butter a la salmonella.

I have to say that worries about jackbooted thugs kicking down stands at farmers markets seem overblown; resources are scarce enough for dealing with large producers. If you're worried, you should be talking to your local government agencies, who already do oversee that sort of thing.

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OK, so where does the USDA come in? Isn't this sort of backing the FDA into the USDA's realm of responsibility?

Personally, I like the mandatory recall provision, and it feels like it would be completely within the scope of the FDA's mission to put it there.

I'm not so sure that shifting some of the inspection burden to the FDA wouldn't be counterproductive. I mean, you would have regulations from the FDA concerning your organic farm and what they deem as safe food production on one hand, and stringent requirements to become certified organic on the other.

Glad you brought up the state and local provisions already in place. If I understand correctly, enforcement of the federal regulations would be relegated to the states. Considering the budget constraints most states are under right now, I would be more concerned that the states would just shut the markets down. No tables to kick over.

The implications for imported food do concern me. The only way that I could imagine it being enforced is to severely limit imported food stuffs - produce, meat, raw food materials, etc. I don't want poison in baby formula, but I do want my dead of winter produce without paying an arm and a leg.

[Lisa Shock]

There have been scandals here in Arizona with people selling produce at the Farmer's Markets who claimed that 'their' foods were organically grown, when in fact the people in question didn't raise anything, they lived in suburban housing with tiny lots. They were buying cheap conventionally grown produce from Mexico and simply unpacking the boxes.

Overall, I think our nation's food safety inspection programs need a serious overhaul, and knowing the origins of foods is probably a good thing.

[Reignking]

Ug. I hate how over-regulation can increase barriers to entry and dissuade some from nurturing their food-related business dreams. *raises hand*

[Beanie]

Ug.  I hate how over-regulation can increase barriers to entry and dissuade some from nurturing their food-related business dreams.  *raises hand*

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A similar bill was introduced in previous sessions of Congress and died in committee.

[dividend]

I don't see anything in the bill about the organic certifications. That's already a strict, government run certification system, right? It could be that if this legislation passes, an organic certification would be sufficient to meet the new standards outlined, yes?

I read read the text of the bill with some concern about how this will effect very small farmers like my CSA farmers. I can't imagine what the regulatory agency would think of us picking the produce with our bare hands and washing it in a bathtub full of water before distributing it by packing it into the back of our cars, and setting it out in a member's garage for pickup. I mean, there's no way that counts as ensuring that 100% of the microbes on it are destroyed. I wonder if our membership contracts fullfill 'traceability' requirements.

Most of the text of the bill is too broad to be able to know how it would impact the specific situations that we care passionately about. The rest is peppered with enough links to other codes and definitions as to be impenetrable. And the gist of the bill, that we need to ensure our food supply is safe, is a strong message. Maybe we should be worried, especially since the husband of this bill's sponsor counts agriculture giant Monsanto among his research consulting clients. Probably just a coincidence, right?

[docsconz]

Although the underlying sentiment is laudable, this sounds like more bureaucratic BS to me with the result being reduced access to quality food from small producers. It will be next to impossible to have rules that make sense, are enforceable and make a real difference when it comes to food safety. An important question will be what defines "safe." At the moment raw milk cheeses and uninspected jamonés Ibericos are considered patently unsafe. I imagine that this list will only expand whether the actual foods are unsafe or not.