WASHINGTON The House Energy and Commerce Committee approved a measure Wednesday seeking to overhaul the U.S. Food and Drug Administration that previously had prompted concerns from two major foodservice industry groups.
The Food Safety Enhancement Act of 2009, or H.R. 2749, was designed to strengthen the nationÕs food safety system and respond to outbreaks of foodborne illnesses involving such items as peanut products, peppers and spinach.
Sponsored by committee chair emeritus Rep. John Dingell, D-Mich., and co-sponsored by current committee chair Rep. Henry Waxman, D-Calif., the measure gives the FDA more funding and power to investigate food producers, require food manufacturers to write and implement safety plans, and track and recall unsafe food products, among other things. It also would arm the FDA with a wider range of criminal and civil penalties to punish food suppliers who knowingly sell tainted foods.
Officials from the National Restaurant Association and the National Council of Chain Restaurants, however, have voiced concerns about certain provisions of the bill. One area of concern is the measureÕs traceability and record-keeping requirements, which would require all operators to keep records of every shipment they receive from suppliers. The records would have to be maintained in an FDA-specified standardized electronic format and held for three years.
Failure to comply would make an operator subject to civil penalties of $100,000 per violation per day. The measure also would give the FDA the power to inspect restaurants to ensure that they comply with record-keeping requirements.
Another concern, according to the NCCR, is its requirement that foodservice operators must report any potential issue with a food item within 24 hours of discovering a problem. Under the current rules, restaurants and farms are exempt.
Contact Paul Frumkin at [email protected]