The federal government's emergency funding legislation approved by the Senate includes provisions that would hinder efforts already underway to ensure food safety – industry lobbyists are working to stop those efforts.
In a sharp report Lever outlined how groups such as the National Restaurant Association, the National Grocers Association and the International Food Service Distributors Association have spent millions of dollars lobbying federal regulators on food safety issues this year.
Funding legislation suspends or specifically rolls back a number of food safety measures that the Food and Drug Administration is working on. The agency did not respond to requests Food Safety News for your comment on the situation.
The Senate amendment includes language specifically addressing provisions of the Food Safety Modernization Act of 2011. Among the key provisions of this law is the traceability rule, which was due to come into force next year. The Food and Drug Administration has proposed suspending the rule until 2028, and funding legislation supports that plan.
Part of the traceability rule will establish new record-keeping standards allowing companies to track their food products throughout the supply chain. Food safety advocates say such records are needed so the sources of foodborne illness outbreaks can be more quickly identified.
The funding bill also targets regulations intended for Minimize the risk of serious adverse health effects or death from consumption of contaminated products.
The legislation approved by the Senate comes after a record year for foodborne illnesses, according to data provided by the Senate. Public Interest Research Group. The Government Accountability Office also reports a staggering 10 million cases of foodborne illness each year.
Even so, the new funding bill blocks federal rules intended to track the sources of outbreaks and prevent food contamination. One provision of the legislation states that no funds “may be used to administer or enforce the 'Additional Traceability Records Requirements for Certain Food Products,' issued Nov. 21, 2022,” The Lever reports.
In addition to cutting food safety regulations, the Senate-approved legislation would also discourage regulations for highly processed foods, a pet peeve of Health and Human Services Secretary Robert F. Kennedy Jr.
The funding bill also cuts FDA funds to develop or implement new rules for “long-term efforts to reduce population-wide sodium intake until the impact of short-term sodium reduction goals can be assessed,” another Kennedy priority.
Other key provisions of the Senate legislation include:
Page 133 – No funds provided by this or any other law may be used to enforce compliance with the final rule promulgated by the Food and Drug Administration entitled “Standards for the Cultivation, Harvesting, Packaging, and Storage of Food for Human Consumption” and published on November 27, 2015, or the proposed rule issued by the Food and Drug Administration pending before the Office of Management and Budget entitled “Standards for Cultivation Harvesting, Packaging and Storage of Products for Human Consumption Related to Agricultural Water” (86 Federal Law 69120 and 87 Federal Law 42973) regarding the regulation of establishments that grow, harvest, pack or store wine grapes, hops, legumes or almonds.
Page 140 – SEC. 752. No funds appropriated or otherwise made available under this Act may be used by the Food and Drug Administration (FDA) to issue or promote any new guidance or regulations applicable to manufacturers of low-risk ready-to-eat (RTE) foods with respect to Listeria monocytogenes (Lm) until FDA has considered available new scientific evidence in developing Compliance Policy Guidance. (CPG), FDA Staff Guidance Section 555.320 Listeria monocytogenes regarding Listeria monocytogenes (Lm). Lm in low-risk products, that is, products that do not support the growth of Lm.
Page 154 – SEC. 780. No funds provided by this Act may be used to administer or enforce the Supplemental Traceability Records Requirements for Certain Food Products promulgated on November 21, 2022 (87 Fed. 70910), or any other rule promulgated pursuant to section 204 of the Food Safety Modernization Act (21 U.S.C. 2223) until July 20, 2028.
Page 163—In the case of a food that is labeled as “healthy” during a compliance period, the food manufacturer shall not be subject, directly or indirectly, to any State law requirements relating to labeling that the product is “healthy” during such period that is not identical to either “healthy” in effect on the day before the effective date of such final rule or (2) updated federal rules. the requirements specified in the final rule for such requirement;
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