In recent years, a number of food contamination events have underscored the need for greater scrutiny of the safety of the American food supply. Incidents such as the 2006 E. coli outbreak transmitted via tainted Californian spinach, or the 2008 salmonella outbreak related to contaminated produce imported from Mexico. These outbreaks are responsible, in part, for a renewed Congressional interest in regulating both American agriculture, and the importation of food from other countries.
On July 30th, 2009, the House of Representatives passed H. R. 2749, the Food Safety Enhancement Act of 2009. The bill—which next must be passed by the Senate—would give the federal government new regulatory powers over the production and importation of food. The bill has been described as the most substantial reform of agricultural regulations since 1938, when the Food and Drug Administration was first granted the authority to regulate the nation’s food supply.
If passed, the bill would greatly increase the federal government’s ability to respond to an outbreak of food-borne illness. For instance, the bill would require all food production and processing facilities to register with the Food and Drug Administration on an annual basis. If an outbreak were to occur, the federal government would have the authority to revoke the registration of any facility associated with the outbreak, in effect, forcing the facility to temporarily shut down. Regulation of this sort would make it much easier to contain an emerging outbreak before it has the opportunity to spread farther.
Over the past few decades, as agricultural enterprises have grown and become more consolidated, the movement of food—both domestically and internationally—has become a vital food safety issue. H.R. 2749 would give the government the power to restrict the movement of food as a protection against harmful effects towards humans—a key tool in responding to an outbreak of food-borne illness. It would also enable the government to force manufacturers to recall food products that pose a danger to the public. The bill calls for steep fines and even criminal charges should producers disregard its regulations.
Similarly, the federal government would also have the power to regulate food imports into the United States. According to the U.S. Department of Agriculture, roughly 15% of Americans’ food is imported from other countries, a figure that has been rising steadily since the early 1990s. H.R. 2749 introduces two major federal regulatory powers regarding imported food. Firstly, it enhances the government’s ability to deny the importation of potentially dangerous foods from abroad, another measure aimed at speeding the government’s response to outbreaks. Additionally, the bill would require that any food imported to the United States be documented and labeled as to their country of origin.
The Food Safety Enhancement Act’s effects are not, however, limited to agricultural production. The bill directs the government to establish a dialogue with the public about food safety. Section 122 of the bill charges the Department of Health and Human Services with the creation of a public education program that would inform the public and medical providers about the dangers of food-borne illness. Moreover, this section of the bill would create a system of national and regional health advisories, which would help citizens stay informed about the safety of their food.
In total, H.R. 2749 boosts the federal government’s ability to respond quickly and effectively to an outbreak of food-borne illness. And through the bill’s public information component, it also emphasizes the prevention of outbreaks. H.R. 2749 has now been sent to the Senate for debate and then a vote. President Obama has indicated that he will sign the bill should it pass in the Senate.