Food Safety Legislation

Spurred by recent food-safety incidents, like the massive recall of peanut products in 2008, Congress is working on legislation that would give the Food and Drug Administration significant new enforcement powers.

The egg industry has a long history of promoting food safety.  All processed egg products must be pasteurized under regulations long supported by the industry.  Shell eggs are subject to food safety oversight from both FDA and the U.S. Department of Agriculture.  Producers across the country participate in voluntary state food safety programs such as the Pennsylvania Egg Quality Assurance Program, as well as private-sector programs like the 5-Star Program of United Egg Producers and the Safe Quality Food Program operated by a division of the Food Marketing Institute.

Highlights: Both the House and Senate bills would give FDA the power to order recalls of tainted food (recalls are now voluntary).  The agency would also be instructed to increase its oversight of imports.  All food plants registered with FDA would have to implement written food safety plans.  In many cases, the new powers FDA would be given are similar to requirements that egg producers will already face under the new on-farm Salmonella regulations.  Therefore, if the legislation is passed, it may not affect egg producers as dramatically as some other food sectors.

Many farm and livestock groups oppose a provision in the House bill that would institute user fees to fund FDA operations.  These groups believe food safety functions should be funded by the public because everyone benefits from a safe food supply.  In this and most other respects, food and agriculture groups believe the Senate bill is preferable to the House bill.

Status: The House passed H.R. 2749 on July 30, 2009.  A Senate committee passed a similar bill, S. 510, on December 18, 2009.  As of late July, the full Senate has not taken up the bill because of a crowded schedule and controversy over a potential amendment that would ban bisphenol A, a chemical used in the food industry.  Earlier, most observers had felt it was likely that legislation would be enacted by the end of this year, but because of the delay in Senate consideration, that is now in doubt.