On Tuesday, Nov. 30, 2010, the United States Senate passed Senate Bill 510 which is entitled, "The Food Safety Modernization Act" (S510). The S510 was originally introduced on March 3, 2009 by Senator Richard Durbin (D-IL). S510 would amend the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the authority of the Secretary of Health and Human Services (the Secretary) to inspect records related to food.

More specifically, S510 authorizes the Secretary to suspend the registration of a food facility if the food manufactured, processed, packed, or held by that facility has a reasonable probability of causing serious adverse health consequences or death to humans or animals.

In addition, each owner, operator, or agent in charge of a food facility would be legally required to: (1) evaluate the hazards that could affect food; (2) identify and implement preventive controls; (3) monitor the performance of those controls; and (4) maintain records of such monitoring.

The Secretary would also be required to promulgate regulations to: (1) establish science-based minimum standards for the safe production and harvesting of fruits and vegetables to minimize the risk of serious adverse health consequences or death; and (2) publish updated good agricultural practices and guidance for the safe production and harvesting of specific types of fresh produce.

S510 also grants the Secretary the power to order mandatory recalls of food products. In addition, the Secretary is granted the power to assess and collect fees related to: (1) food facility reinspection; (2) food recalls; (3) the voluntary qualified importer program; and (4) importer reinspection.

The vote on S510 was along party lines, with very few Republicans voting in favor of the legislation. The segment of the food industry who will be hit the hardest by this legislation, if passed, are America's farmers.

Some of the noted groups opposing S510 are the following:

  • John Birch Society
  • American Grassfed Association
  • Produce Marketing Association
  • National Family Farm Coalition
  • Campaign for Liberty
  • The Heritage Foundation
  • Farm to Consumer Legal Defense Fund
  • Weston A. Price Foundation
  • Raw Milk Association of Colorado
  • Small Farms Conservancy
  • National Independent Consumers and Farmers Association
  • Carolina Farm Stewardship Association
  • Farm Family Defenders

Supporters of S510 claim that it is necessary in wake of widespread food safety concerns in the United States. Some of the Billâ€"s supporters are:

  • Consumers Union
  • Center for Science in the Public Interest
  • Food Marketing Institute
  • Consumer Federation of America
  • National Restaurant Association
  • General Mills
  • National Association of Manufacturers
  • International Dairy Foods Association
  • American Public Health Association
  • Grocery Manufacturers Association
  • American Bakers Association
  • International Foodservice Distributors Association
  • National Consumers League
  • American Frozen Food Institute
  • National Confectioners Association
  • Snack Food Association
  • Trust for America's Health
  • United Fresh Produce Association
  • American Beverage Association
  • American Farm Bureau Federation
  • American Veterinary Medical Association
  • U.S. Chamber of Commerce
  • Kraft Foods North America
  • Safe Tables Our Priority (STOP)
  • Center for Foodborne Illness Research and Prevention
  • National Fisheries Institute
  • Pew Charitable Trust
  • International Bottled Water Association
  • National Coffee Association

The United States House of Representatives passed their version this past Summer (HR875). The two bills have a few differences and will need to be reconciled before the bill is presented to President Obama for his approval and signature into law.

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