Reps. Peter Roskam, R-Ill., and Mark Kirk, R-Ill. introduced April 8 legislation that would address the safety of food imports through measures such as requiring certification of imported food testing labs and strengthening importer reporting rules. According to a press release from Roskam’s office, the Keeping America’s Food Safe Act of 2008 would close reporting loopholes and enhance the Food and Drug Administration’s knowledge base regarding food imports, establish significant penalties for violators of reporting requirements and provide protection for whistleblowers in the food import safety industry.
The press release asserts that certain conditions associated with the current food safety system point to the need for this bill. First, U.S. food imports have increased nearly 300 percent over the last decade, “exacerbating any potential security gaps.” Second, the FDA’s process of border inspections and port screening is inadequate for the new market reality in which finished-product manufacturing is increasingly shifting to foreign markets. Third, importers and private labs do not have to report all testing data to the FDA, leaving that agency in the dark when a shipment fails to meet U.S. standards and leaving open the possibility that an importer could “shop around” for a lab willing to give it favorable results.
To address these concerns, the bill would:
• require the Department of Health and Human Services (the FDA’s parent department) to certify any private lab or sampling service that will collect data on imported food;
• require private labs and sampling services to report any data from activities related to food imports to the HHS;
• subject importers and private labs and sampling services to a $1 million fine for knowingly falsifying or submitting false results or data;
• enable the HHS to require foreign countries and foreign companies to become certified;
• allow the HHS to waive the certification requirement if it determines that the foreign entities maintain food safety standards that are at least equivalent to those of the U.S.;
• direct the HHS to work with the Department of Agriculture to provide information for consumers, industry and health professionals regarding food safety issues; and
• protect those that bring to light deficiencies and safety threats in the food import process.
World Trade/Interactive
