Congress Urges The FDA For Second Chance At Draft Rules

By Sam Lewis

Lawmakers across the nation beg agency’s new policies to reflect realities of the food industry

Nearly 20,000 written comments have been submitted to the FDA on the draft rules regarding produce and prevention controls. Among them are letters from the nation’s lawmakers, probing the agency for a second draft.

The produce and preventative controls rule have been drafted to assist the FDA impose the landmark Food Safety Modernization Act (FSMA) of 2010. But 75 different legislative members of both the Senate and the U.S. House of Representatives signed a letter on Nov 22 calling for a re-do by the FDA. The letter says that not doing so could lead to undesired, and unintended consequences that have the potential to be “severely detrimental” to local, regional, and national levels of American Agriculture. Additionally, the House Organic Caucus penned a letter to the FDA on Nov 22 voicing their concerns. The letter states organic growers are having problems finding common ground between established and proven practices of manure and composting and the new regulations drafted for these practices. Lawmakers seek to make the regulations in line with the National Organic program. Another attention grabber is a Nov 13 letter from Senator Jon Tester (D-MT), and Kay Hagen (D-NC). Their letter raises concerns about practices at small farms with limited access to supply chains.

Movements to sway the FDA into completing a second draft of the produce and prevention controls rules began in September. The National Association of State Departments of Agriculture embraced the United Fresh Produce Association along with many small and organic food producers to persuade the FDA into a mulligan. Agriculture directors at the State level are also getting involved, including PA’s Secretary of Agriculture, George Greig. He says the FDA current draft of the rules will negative affect PA’s produce and food processing industries. “The Food Safety Modernization Act is the most sweeping food policy reform in 70 years, and we need to get it right,” Greig says. “While we need reforms to keep consumers safe, parts of these proposed rules don’t make sense for agriculture. They don’t reflect the realities of food production and could force small growers out of business.”

Greig has taken action by creating comments with PA’s agriculture industry and submitting them to the FDA. In the two documents created by Greig, he asks for education and training to implement finalized rules, clarification in agricultural water quality standards, and standards which do not put U.S. producers at a disadvantage to importers.

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