House food safety bill imposes new requirements on imports
March 10, 2009
World Trade\Interactive
Reps. Adam Putnam, R-Fla., and Jim Costa, D-Calif., introduced March 5 legislation that would establish new food safety requirements for imported and domestically-produced food. The Safe Food Enforcement, Assessment, Standards and Targeting Act appears to be similar to a measure introduced in the Senate March 3. According to a fact sheet, the House bill includes the following provisions.
• requires all food facilities and importers to register and renew registration biannually and gives the Food and Drug Administration authority to suspend facility registration if there is a reasonable probability that food from the facility will cause serious adverse health consequences or death to humans or animals
• requires registered importers to perform food safety supplier verification activities to verify that all imported goods meet FDA safety and quality standards, including sanitation, storage, handling, inspections, training, recordkeeping, etc. (importers required to comply with existing seafood, juice and low-acid canned foods regulations would be deemed to be in compliance)
• requires all domestic and foreign food companies selling food in the U.S. to conduct a food safety risk analysis that identifies potential sources of contamination, outlines appropriate food safety controls and requires verification that the controls implemented are adequate to address the risks of food-borne contamination
• allows the FDA to assess fees for compliance failures (recalls, reinspection) and services rendered, such as issuance of export certificates and participation in a voluntary qualified importer program
• increases the frequency of inspections at all food production facilities, including at least every two years for high-risk facilities
• provides for expedited review and entry for importers that go above and beyond the minimum standards to ensure the safety of imported food
• prior notices for imported food must include the name of any country that refused entry of the food
• refuses entries of food from a foreign facility or country that fails to permit inspection by the U.S.
• export certificates for high-risk foods may be required from certifying entities in exporting countries and shipments lacking required certificates would be barred from entry
• allows the FDA to use administrative detention, an authority given to it in 2002 but never used, when it has reason to believe that a food is adulterated or misbranded
• gives the FDA the authority to order food recalls when firms fail to voluntarily recall products on their own in specific circumstances
• requires all laboratory testing done for FDA regulatory purposes to be conducted by either an FDA lab or a lab accredited by an FDA-recognized accrediting body
• directs the FDA to establish an accreditation system by which qualified third parties (including foreign governments) and duly trained auditing agents may certify that food facilities are in compliance with U.S. food safety standards
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