By James J. Gormley
President Obama is waiting to hear from you, your neighbors, your brothers, your sisters, your parents — and all of America — as to whether to sign the "food safety bill" into law.
If you agree with all of the problems we have identified with this bill — or even with most of them — I ask you to please go to the White House comment page and ask the President to veto this bill.
It’s not that the bill is meant to disrupt the American Way of Life or forever change the fabric of our great nation. It is not badly intentioned. It even has some decent provisions in it. On top of that, dietary supplements were ostensibly excluded, as were farms and small food-service operations.
The problem is not what was intended, or what FDA Commissioner Hamburg believes is in this bill. The problem is that the bill’s advocates and many of its supporters were all sold a bill of goods.
The fact is that FSMA will do very little to improve food safety; and, in truth, by obscuring the real core of our nation’s food safety problems with layer upon layer of HACCP requirements, and food allergenicity protections and food safety recordkeeping plans — and all of the $1.4 billion worth of stuff (red tape and feel good busywork) in this bill — this bill would actually make things worse.
Why? Because while Dr. Hamburg and the bill’s cheerleaders are busy shaking hands, and slapping each other on the back as to what an amazing bill this is (which it is not), the disgusting factory farms and filthy slaughterhouses in this country — which are the real problems with our food supply, let’s face it — will not be made any less filthy by this $1.4 billion boondoggle.
What are the remaining problems with this bill that make it un-signable?
If the FDA (Secretary of the HHS) has a “reasonable belief” or feels there is a “reasonable probability” that a food is unsafe, records inspections must be carried out and foods can be quarantined. The FDA has a long and sordid history of abusing this power by making assumptions that hurt food producers, and ultimately consumers.
The FDA already believes (without a shred of evidence) that raw milk and raw milk cheeses are unsafe — wouldn’t this be the perfect opportunity for the FDA to close down a cottage industry towards which it has always held such animus?
Now while it is potentially good that the bill includes a proviso (in Section 113) calling for dietary supplement products (that’s why I said ostensibly excludes, above) that may contain (or may be) anabolic steroids to be referred to the DEA, the problem is that that it is way too vague: "may contain" is not definitive enough by a long stretch, which opens the doors for the FDA to believe that many supplements “may contain” anabolic steroids, and hurt legitimate manufacturers in the process.
Section 423 offers manufactuers an opportunity to voluntarily take a product off the market and recall it if the FDA feels that there is a “reasonable probability” that an article of food is misbranded. Well, here we go again; the FDA has time and again greatly overarched in its authority in these areas, often calling products “misbranded” for the smallest mistake in a nutrition facts or product label.
Section 404 insists that nothing in the bill shall in any way be inconsistent with the World Trade Organization or any other international treaty or agreement to which the U.S. is a party! Okay, again, can anyone explain why (I ask why) domestic, sovereign, internal U.S. laws and regulations need to be consistent with international treaties and agreements (such as Codex)?
Section 420 calls for limited distribution of the guidance documents that food producers would need in order to comply with this law in the interests of “national security.” This says that although food facilties will be required to comply with this new law, if the U.S. government does not feel like releasing instructions and guidance on how to properly comply with the requirements, it does not have to, if blanketed under the usual sacred cow of “national security.” Outrageous!
FDA Commissioner Margaret A. Hamburg MD truly believes that the Food Safety Modernization Act (FSMA) is the greatest thing ever. Sadly, it is not worthy of the President’s signature and was railroaded through Congress under suspended rules and other legislative sleight of hand.
I ask you to tell President Obama to please veto this bill; we will work together on coming up with an alternative bill in 2011 that will be signature-worthy.
Showing posts with label food safety bill. Show all posts
Showing posts with label food safety bill. Show all posts
Monday, January 03, 2011
Saturday, October 24, 2009
Senate Bill 510: The $825 Million Dollar Folly
By James J. Gormley
courtesy of NOW Foods
Are you a backyard grower of heirloom tomatoes you sell on your own property or at a local farmer’s market? If so, you will be in for a whopper of a surprise if Senator Durbin’s Senate Bill 510 (S.B. 510) passes: you may be receiving a visit from inspectors.
Products not grown according to designated standards will be considered adulterated and your business records will be subject to warrantless searches by inspectors from the U.S. Food and Drug Administration (FDA), all this without any evidence that you have violated any law.
Wonder why the National Guard or Federal agents have effectively imposed martial law by quarantining your town? Under S.B. 510’s House counterpart bill, H.R. 2749 (Section 133b, “Authority to Prohibit or Restrict the Movement of Food”), sponsored by Congressman Dingell, the Secretary of Health and Human Services will have the power to prohibit all movement of all food within a geographic area, whether the food is in your grandmother’s grocery bag in her Toyota Hybrid or on a flatbed. No court order will be needed, just a phone call to the appropriate state official and a public announcement will be sufficient.
Upset that raw milk or raw milk cheeses (like feta) are no longer available in the U.S.? This could well happen thanks to the “performance standards” powers that would be granted to the FDA by S.B. 510, especially since the agency has made it clear that it is vehemently opposed to the consumption of raw milk products.
Amazed that U.S. food safety regulations strangely match those of other countries? Well, Section 306 of S.B. 510 would require “Recommendations to harmonize requirements under the Codex Alimentarius.”
And what about food supplement manufacturers, suppliers, distributors and health food stores? Will they be ensnared in this bill’s draconian, 1984-esque net? Very possibly so.
This all may seem far-fetched, but theoretically, this new law would give the government all this authority.
S.B. 510 (which would cost Americans $825 million in 2010 alone) and the House of Representatives version of this bill, H.R. 2749, which did pass under suspended rules, do not address the root causes of the U.S.'s food safety problems, which were highlighted in both a recent campaign by the Farm-to-Consumer Legal Defense Fund (FTCLDF) and by a letter to 99 U.S. senators by the Ranchers-Cattlemen Action Legal Fund (R-CALF USA).
According to Citizens for Health (http://www.citizens.org/), if this proposed law is enacted it would:
• Undermine DSHEA and move the U.S. one step closer to harmonizing our standards under Codex with those of supplement-restrictive regimes like the European Union. (DSHEA, or the Dietary Supplement Health and Education Act, asserts that supplements are food and are safe for consumption unless proven otherwise – ensuring that millions of Americans are able to enjoy access to safe, effective and affordable dietary supplements).
• Give the FDA unprecedented control over farms and direct-to-consumer distributors. If passed, the bills would charge facilities an annual $500 registration fee, require additional record keeping, and expand FDA authority to quarantine geographic areas for alleged food safety problems – all without significantly improving food safety.
• Cost U.S. taxpayers billions of dollars ($825 million in 2010 alone) while providing fewer physical inspections and less food safety overall.
• Harm U.S. organic farmers by imposing overlapping regulations.
• Hurt food supplements and health-food stores by imposing standards that are already covered by the AER (Adverse Event Reporting) Law, cGMPs (current Good Manufacturing Practices) and food facility registration.
• Cripple local food co-ops, farm stands, independent ranchers and artisanal food producers by imposing unnecessary standards and unfair bureaucratic burdens.
Clearly, S. 510, while purporting to increase food safety would actually leave consumers more vulnerable to foodborne disease since the FDA would be required to use a risky, risk-based food safety system rather than doing old-fashioned, effective physical, on-site inspections in plants, factory farms and slaughterhouses, where the actual food safety concerns are.
Furthermore, the U.S. has abrogated its duty to inspect and enforce food safety standards, both here and abroad, by allowing processing plants to regulate themselves under a failed system; and it has embraced policies that have driven independent U.S. farmers and ranchers out of business and replaced them with corporate-owned, industrialized food production units that are known to cut food safety corners to maximize corporate profits.
So what do we need to do?
Click here for an opportunity to send a letter opposing S.B. 510 as it is currently written.
Gormley Take Away: As of this writing, our nation is over $11.8 trillion in debt. Let’s not add $825 million more (actually several trillion dollar over the next few years) for a bureaucratic monster to be foisted upon an already deeply flawed U.S. food-safety system. S.B. 510 is sadly, and ironically, not about food safety, although I wish it were. It’s about food madness, pure and simple, and it must be fixed … or stopped.
courtesy of NOW Foods
Are you a backyard grower of heirloom tomatoes you sell on your own property or at a local farmer’s market? If so, you will be in for a whopper of a surprise if Senator Durbin’s Senate Bill 510 (S.B. 510) passes: you may be receiving a visit from inspectors.
Products not grown according to designated standards will be considered adulterated and your business records will be subject to warrantless searches by inspectors from the U.S. Food and Drug Administration (FDA), all this without any evidence that you have violated any law.
Wonder why the National Guard or Federal agents have effectively imposed martial law by quarantining your town? Under S.B. 510’s House counterpart bill, H.R. 2749 (Section 133b, “Authority to Prohibit or Restrict the Movement of Food”), sponsored by Congressman Dingell, the Secretary of Health and Human Services will have the power to prohibit all movement of all food within a geographic area, whether the food is in your grandmother’s grocery bag in her Toyota Hybrid or on a flatbed. No court order will be needed, just a phone call to the appropriate state official and a public announcement will be sufficient.
Upset that raw milk or raw milk cheeses (like feta) are no longer available in the U.S.? This could well happen thanks to the “performance standards” powers that would be granted to the FDA by S.B. 510, especially since the agency has made it clear that it is vehemently opposed to the consumption of raw milk products.
Amazed that U.S. food safety regulations strangely match those of other countries? Well, Section 306 of S.B. 510 would require “Recommendations to harmonize requirements under the Codex Alimentarius.”
And what about food supplement manufacturers, suppliers, distributors and health food stores? Will they be ensnared in this bill’s draconian, 1984-esque net? Very possibly so.
This all may seem far-fetched, but theoretically, this new law would give the government all this authority.
S.B. 510 (which would cost Americans $825 million in 2010 alone) and the House of Representatives version of this bill, H.R. 2749, which did pass under suspended rules, do not address the root causes of the U.S.'s food safety problems, which were highlighted in both a recent campaign by the Farm-to-Consumer Legal Defense Fund (FTCLDF) and by a letter to 99 U.S. senators by the Ranchers-Cattlemen Action Legal Fund (R-CALF USA).
According to Citizens for Health (http://www.citizens.org/), if this proposed law is enacted it would:
• Undermine DSHEA and move the U.S. one step closer to harmonizing our standards under Codex with those of supplement-restrictive regimes like the European Union. (DSHEA, or the Dietary Supplement Health and Education Act, asserts that supplements are food and are safe for consumption unless proven otherwise – ensuring that millions of Americans are able to enjoy access to safe, effective and affordable dietary supplements).
• Give the FDA unprecedented control over farms and direct-to-consumer distributors. If passed, the bills would charge facilities an annual $500 registration fee, require additional record keeping, and expand FDA authority to quarantine geographic areas for alleged food safety problems – all without significantly improving food safety.
• Cost U.S. taxpayers billions of dollars ($825 million in 2010 alone) while providing fewer physical inspections and less food safety overall.
• Harm U.S. organic farmers by imposing overlapping regulations.
• Hurt food supplements and health-food stores by imposing standards that are already covered by the AER (Adverse Event Reporting) Law, cGMPs (current Good Manufacturing Practices) and food facility registration.
• Cripple local food co-ops, farm stands, independent ranchers and artisanal food producers by imposing unnecessary standards and unfair bureaucratic burdens.
Clearly, S. 510, while purporting to increase food safety would actually leave consumers more vulnerable to foodborne disease since the FDA would be required to use a risky, risk-based food safety system rather than doing old-fashioned, effective physical, on-site inspections in plants, factory farms and slaughterhouses, where the actual food safety concerns are.
Furthermore, the U.S. has abrogated its duty to inspect and enforce food safety standards, both here and abroad, by allowing processing plants to regulate themselves under a failed system; and it has embraced policies that have driven independent U.S. farmers and ranchers out of business and replaced them with corporate-owned, industrialized food production units that are known to cut food safety corners to maximize corporate profits.
So what do we need to do?
Click here for an opportunity to send a letter opposing S.B. 510 as it is currently written.
Gormley Take Away: As of this writing, our nation is over $11.8 trillion in debt. Let’s not add $825 million more (actually several trillion dollar over the next few years) for a bureaucratic monster to be foisted upon an already deeply flawed U.S. food-safety system. S.B. 510 is sadly, and ironically, not about food safety, although I wish it were. It’s about food madness, pure and simple, and it must be fixed … or stopped.
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