Food Safety Enhancement Act
Encyclopedia
The Food Safety Enhancement Act of 2009 is a bill
introduced in the U.S. House of Representatives
of the 111th United States Congress
by Congressman
John Dingell
which would grant the Food and Drug Administration
sweeping new authorities to regulate and oversee the growing and production of food. The bill was prompted by a number of food contamination cases during the 2000s involving foods such as beef, spinach, and cookie dough, and follows the Family Smoking Prevention and Tobacco Control Act
in vastly expanding FDA regulatory authority over food and drug products. President Barack Obama
supports the bill. The House passed the bill by a vote of 283 to 142 on July 30, 2009, and has yet to be considered in the United States Senate
. It is considered the first major piece of federal legislation addressing food safety since 1938. The Food Safety Enhancement Act includes the following notable provisions:
Although this bill is meant to address food safety, there are, according to food safety advocate Bill Marler
, some issues with its effectiveness. Many facilities, such as farms, restaurants, and nonprofit food establishments in which food is prepared for or served directly to the consumer are exempt from the requirements of the bill. Also exempt are facilities that produce food solely for non-human animals.
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
introduced in the U.S. House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
of the 111th United States Congress
111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...
by Congressman
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
John Dingell
John Dingell
John David Dingell, Jr. is the U.S. Representative for , serving since 1955 . He is a member of the Democratic Party...
which would grant the Food and Drug Administration
Food and Drug Administration
The Food and Drug Administration is an agency of the United States Department of Health and Human Services, one of the United States federal executive departments...
sweeping new authorities to regulate and oversee the growing and production of food. The bill was prompted by a number of food contamination cases during the 2000s involving foods such as beef, spinach, and cookie dough, and follows the Family Smoking Prevention and Tobacco Control Act
Family Smoking Prevention and Tobacco Control Act
The Family Smoking Prevention and Tobacco Control Act, is a United States federal law that gives the Food and Drug Administration the power to regulate the tobacco industry...
in vastly expanding FDA regulatory authority over food and drug products. President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
supports the bill. The House passed the bill by a vote of 283 to 142 on July 30, 2009, and has yet to be considered in the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. It is considered the first major piece of federal legislation addressing food safety since 1938. The Food Safety Enhancement Act includes the following notable provisions:
- Requires food facilities (manufacturers, producers, packagers, handlers) to register with the FDA and pay an annual fee of $500 per facility. It puts a per company cap on fees at $175,000.
- This will only affect retail members that own and operate commissaries or other production type facilities such as dairies. These member companies are already likely registered with the FDA. Under this bill, they will have to register annually, follow the new requirements and pay the new fee.
- Requires food safety plans for food facilities.
- Implements a risk-based inspection schedule for food facilities.
- Grants FDA the authority to expand traceability systems for food facilities after comprehensive study and cost analysis.
- Reportable Food Registry: this requires facilities, restaurants and retail establishments to report “food incidents” in which there is a reasonable probability they will cause serious health consequences or death.
- Outlines criminal and civil penalties.
Although this bill is meant to address food safety, there are, according to food safety advocate Bill Marler
William Marler
William "Bill" Marler, a nationally recognized personal injury lawyer and food safety advocate, is Managing Partner of Marler Clark, a Seattle, Washington based law firm that specializes in foodborne illness cases.-Background:...
, some issues with its effectiveness. Many facilities, such as farms, restaurants, and nonprofit food establishments in which food is prepared for or served directly to the consumer are exempt from the requirements of the bill. Also exempt are facilities that produce food solely for non-human animals.