Search results: USDA meat

I don’t track legislation very carefully because bills change so much between the time they are proposed and actually pass.  But I keep getting asked about the bills that seem to have the best chance this year,  H.R. 2749 (which has just been passed by the House) and its equivalent in the Senate, S. 510 (still in the works).  The bills are quite similar.  Both aim to fix the FDA.   Neither aims to fix the system, so forget about combining the food safety functions of USDA and FDA into one agency.  The bills bring the FDA’s rules closer to those of USDA, as they propose science-based food safety standards (much like HACCP) from farm to table.  Best, they give the FDA recall authority as well as a few other goodies.

The bills themselves are miserable to read and it is hard to believe that anyone in government does.  That is why the Congressional Research Service (CRS) does summaries that even legislators can understand.  CRS researchers have now produced blessedly short and hopefully accurate summaries of the House bill as well as the Senate bill.

As my contribution to the cause of clarity, I have done a quick edit of the CRS summaries, with comments in Italics.  The links above are to the original bills so you can plow your way through them to see if this does them justice.   Enjoy!

THE HOUSE BILL, H.R. 2749, requires each food facility to:

(1) Conduct a hazard analysis, (2) Implement preventive controls, and (3) Implement a food safety plan. [This sounds like HACCP, although they aren’t calling it that. I vote yes]

Requires FDA to:

(1) Issue science-based performance standards to minimize the hazards from foodborne contaminants [this means HACCP or its equivalent, and about time too],

(2) Establish science-based standards for raw agricultural commodities [this means some version of farm-t0-table HACCP, long awaited],

(3) Inspect facilities at a frequency determined pursuant to a risk-based schedule [this is an admission that the FDA can’t handle the work load; it will focus on products most likely to be contaminated]

(4) Establish a food tracing system [this will help identify where foods come from]

(5) Assess fees relating to food facility reinspection and food recall [make companies pay for all this, I hope in a way that avoids conflicts of interest],

(6) Establish a program for accreditation of laboratories that perform analytical testing of food for import or export [can’t believe we don’t already have this, but that’s why we need this legislation].

Authorizes FDA to:

(1) Order an immediate cessation of distribution, or a recall, of food [recall authority at last!]

(2) Establish an importer verification program [accountability for importers, at last!]

(3) Quarantine food in any geographic area within the United States [they can’t do this now?].

Defines the term “color additive” to include carbon monoxide that may affect the color of fresh meat, poultry products, or seafood [this will have to meet food additive regulations].

Requires country of origin labeling on food, and annual registration of importers [Yes!].

Provides for unique identifiers for food facilities and food importers [so FDA actually knows who they are].

Deems a food to be adulterated if an inspection is delayed or refused [Yes!].

Requires FDA to establish a corps of inspectors dedicated to inspections of foreign food facilities [Amazing that we don’t already have this].

Reorganizes the FDA field laboratories and district offices [Could this possibly be a euphemism for closing some?].

Gives the FDA Commissioner subpoena authority [Yes!].

Establishes whistleblower protections [OK].

THE SENATE BILL, S. 510, is pretty much the same except that it addresses food bioterrorism [fortunately, a rare event so far]. In addition to most of what is in the House bill, it requires HHS and USDA to prepare the National Agriculture and Food Defense Strategy [If this is done right, it ought to promote the safety of domestic foods and imports].

It also requires FDA to:

(1) Identify preventive programs and practices to promote the safety and security of food [worries about food bioterrorism again];

(2) Promulgate regulations on sanitary food transportation practices [good idea];

(3) Develop a policy to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs [I’m not sure how this got in here]

Requires FDA and CDC to enhance foodborne illness surveillance systems [Good idea].

Requires EPA to assist state, local, and tribal governments in preparing for, assessing, decontaminating, and recovering from an agriculture or food emergency [in the military sense of food security].

There is much, much more in these bills.  Bill Marler, who has actually read the bills, has produced his own summary, which includes definitions and more.  If you are wondering what implementation of these bills might cost, the Congressional Budget Office has done an analysis: a mere $2 billion.

It’s hard to know how seriously to take all this until we see what Congress actually does when it gets back to work.  Stay tuned.

On Monday this week, Michael Taylor began his new job as special assistant to the FDA Commissioner for food safety.  He will be in charge of implementing whatever food safety laws Congress finally decides to pass.

I know that what I am about to say will surprise, if not shock, many of you, but I think he’s an excellent choice for this job. Yes, I know he worked for Monsanto, not only once (indirectly) but twice (directly). And yes, he’s the first person whose name is mentioned when anyone talks about the “revolving door” between the food industry and government. And yes, he signed off on the FDA’s consumer-unfriendly policies on labeling genetically modified foods.

But before you decide that I must have drunk the Kool Aid on this one, hear me out.  He really is a good choice for this job.  Why?  Because he managed to get USDA to institute HACCP (science-based food safety regulations) for meat and poultry against the full opposition of the meat industry — a truly heroic accomplishment.  His position on food safety has been strong and consistent for years.  He favors a single food agency, HACCP for all foods, and accountability and enforcement.  We need this for FDA-regulated foods (we also need enforcement for USDA-regulated foods, but he won’t be able to touch that unless Congress says so).  So he’s the person most likely to be able to get decent regulations in place and get them enforced.

You would think that the labeling of organic wine would be simple, but you would be so wrong.  Just for fun, here’s who does what in the federal government when it comes to food and beverages.  For the most part:

• USDA does meat and poultry
• FDA does everything else
• Except alcohol, which is done by the Alcohol and Tobacco Tax and Trade Bureau (TTB)
• Except that USDA does all organic food
• Except for organic wine, sort of
• Problem solved: USDA and TTB have made a deal.  TTB will do organic wine
• Except that USDA has just changed the rules

Got all that?

I won’t try to reproduce the rules for organic wines; they look too much like what I’ve just written.  Take a look at judge for yourself.  I’m just happy that all this has been straightened out.

Legislators in the new administration are working on food laws.  Here is a quick sample:

Calorie labeling: it looks like we have bipartisan support for national menu labeling.  If passed, calories will have to be disclosed on menu boards of fast food and vending machine chains throughout the country – and not just in New York City and the few states that have passed their own laws.   Lots of health organizations are backing this proposal.

Food safety: the House just passed its version of a bill that will overhaul some aspects of the present food safety system.  This bill still has a long way to go but is a hopeful sign that Congress might actually do something to fix the FDA.  What the bill does not do is deal with fixing the system.  It exempts meat, poultry, and eggs under USDA jurisdiction.

Produce safety: The new head of the FDA, Margaret Hamburg, says her agency is going to put special efforts into ensuring the safety of high-risk produce. To do that, she will need Congress to pass laws that, among other things, give the FDA the authority to order recalls and a lot more money to carry out its work.

Organics: The U.S. and Canada have agreed to coordinate their organic standards, so foods certified organic in Canada can be sold here and vice versa.  Let’s hope the most stringent standards prevail.

These are (somewhat) hopeful signs.  Let’s hope Congress manages to keep at this and tries to get it right.

The interesting part about this latest recall – now 2 million pounds and involving 74 products so far – is how the Salmonella contamination was discovered.  According to a lengthy account in USA Today, a small nut company in Illinois, Georgia’s Nut, routinely tests for Salmonella and found the bacteria in nuts purchased from Setton Pistachio of California.  Georgia’s Nut recalled products distributed in the Chicago area.  This company also produces a trail mix for Kraft Foods.  It notified Kraft Foods, which also promptly recalled its products.

I’m guessing that Georgia Nut must follow a HACCP (Hazard Analysis and Critical Control Point) plan.  HACCP is a science-based food safety procedure that requires analyzing where contamination might occur in production processes (hazard analysis), taking steps to prevent contamination at those critical control points, and using pathogen testing to make sure the steps were followed and the plan is working.

HACCP, as I keep complaining, is only required for meat and poultry production on the USDA regulatory side (where is it poorly enforced) and for sprouts, fresh juices, seafood, and eggs on the FDA side.  The producers of everything else are supposed to follow Good Manufacturing Processes, which are considerably less rigorous and, as we saw with the peanut butter recalls (more than 3,800 products from 200 companies) and their health consequences (nearly 700 sick, at least 9 deaths), clearly do not work.

How about HACCP for all foods?  Worth a try?

April 3 update: USA Today reports that Setton Pistachio has not yet issued its own recall (note: this is a good reason why the FDA needs the authority to order recalls), that its California plant passed recent inspections with relatively minor violations, but that its sister plant on Long Island is a mess.  USA Today also reports that Setton Pistachio has had positive tests for Salmonella for months.  What did the company do with the contaminated pistachios?  A mystery.

The Trust for America’s Health and the Robert Wood Johnson Foundation announce the release of a new report on how to fix the food safety system.  The report, Keeping America’s Food Safe: A Blueprint for Fixing the Food Safety System at the U.S. Department of Health and Human Services (HHS), makes a bunch of suggestions for strengthening the FDA.  The FDA, it says, needs to concentrate resources on the highest risks, enforce existing rules (what a concept), establish a position with authority over all food safety programs in the agency, and work with Congress to establish a Food Safety Administration within HHS.

Wait a minute: I thought two agencies were involved in food safety regulation.  Yes, HHS regulates most foods through the FDA, but the USDA regulates meat and poultry.  These are not two separate food systems. Wastes from food animals (USDA-regulated) contaminate fruits and vegetables (FDA-regulated).

Don’t we need one system?  I think we do.

And buried in the mess of bills submitted to Congress and currently under consideration (handily summarized by Bill Marler), are several aimed at doing just that.  This is a great time to weigh in on them, especially since polls show that nearly 75% of Americans are more afraid of food than they are of terrorists.

The long awaited and much postponed Country of Origin Labeling (COOL) finally takes effect today, despite massive efforts by the beef industry to make it go away.  It is interesting to see what meat producer groups object to:  too expensive, too difficult, it’s really just another trade barrier, and – my favorite – consumers don’t care where their meat comes from.  As of today, COOL is law.  Will anyone pay attention?  Or will the law be as widely ignored by meat sellers as it is for fish sellers?  But don’t you care where your food is produced?  I do.

President Obama had quite a lot to say about food safety this morning and I’m happy to say that it sounds like he gets it: the present system is outdated (it was developed a century ago), too spread out, under-resourced, and hazardous to health.  He’s going to appoint a committee to make recommendations and promises that all will be fixed “under the leadership of Dr. Margaret Hamburg.”  I hope she knows what she’s gotten herself into.

In the meantime, here’s his radio address and lawyer Bill Marler’s take on it.  And thanks Bill for posting the entire text of the speech.

And while I’m at it, how about the USDA’s new plan to test the meat at hamburger packing plants four times a month?  Is this an improvement or a clear effort to make sure nobody ever finds anything wrong?  Here’s Brian Hartman’s discussion of that question at ABC News.