The House Energy and Commerce Committee approved The Food Safety Enhancement Act of 2009. Sponsored by Rep. John Dingell and Committee Chair Henry Waxman, the bill would give FDA more funding and several new authorities.
The bill would require facilities to register annually with FDA and would impose a $500 annual registration fee (down from a proposed $1,000 fee). It also requires facilities to pay for FDA costs associated with reinspections and food recalls.
It also requires high-risk facilities to be inspected at least once every six to 18 months, low-risk facilities to be inspected at least once every 18 months to three years and warehouses that store food to be inspected at least once every three to four years.
Additionally, FDA would be able to require food to be certified as meeting all U.S. food safety requirements by the government of the country from which the article originated or by certain qualified third parties
The bill also would require all food facilities operating within the U.S. or importing food to the U.S. to implement safety plans that identify and protect against food hazards and would give FDA the authority to specify minimum food safety plan requirements and audit food safety plans
AFI sent letters to Chairman Waxman and Ranking Member Joe Barton outlining concerns with some of the provisions listed above and other items included in the bill. AFI was among many groups who voiced concerns earlier in the process that helped lead to some changes before the bill was approved by the committee.
The bill’s next step will be a vote by the full House of Representatives. If the bill passes in the House, it will then wait for the Senate to take action on its food safety bill. The bill introduced by Sen. Durbin continues to be the lead bill in the Senate. Once bills are passed in both the House and Senate, members from both bodies would work toward creating a compromise bill.
The Senate bill is the more reasonable of the two bills. AFI and others will continue to let members of both the House and Senate know it is the more practical option.
There’s no indication of when the Senate will act on the Durbin bill, so there’s no way to give a timetable on when any legislation will pass. AFI will continue to be involved in the process and will keep members informed of any developments.