Food Safety Modernization Act Passed in Senate   

      On Nov. 30, 2010, the U.S. Senate voted 73 to 25 to approve S. 510, the U.S. Food and Drug Administration (FDA) Food Safety Modernization Act.  The bi-partisan bill, introduced by Senator Richard Durbin (D-Ill.), and co-sponsored by 20 other senators, is considered an overhaul to the current system.  The bill amends the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. to, among other things, give the FDA new authority to track, detect and halt contaminated food coming from domestic and foreign suppliers.  Food facilities would be required to share extensive information with FDA regulators, submit to more frequent inspections and develop their own tracking systems and risk-based preventive control plans.  The Food Safety Modernization Act gives the FDA mandatory recall authority, as well as the authority to halt and detain any misbranded or adulterated products. 

      One of the most debated issues was the regulation of small farmers, who were concerned about the cost of the new federal regulations.  Senator Jon Tester (D-Mont.) added an amendment, approved by the Senate, that will exempt certain small, local food processors and producers from the federal regulations.

      The Food Safety Modernization Act garnered support across party lines, as supporters claim its passage is critical in the wake of recent large-scale outbreaks of foodborne contaminants.  The House passed its companion bill, H.R. 2749, the Food Safety Enhancement Act, in July 2009.  The issue is currently being addressed in the House.

      If you have questions regarding the Food Safety Modernization Act, please contact Judy Okenfuss or Jenny Buchheit. 

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.