Is FSMA Doomed Before It Can Be Implemented?
By Laurel Maloy, contributing writer, Food Online
Michael Taylor, facing questions from the Energy and Commerce Committee admits the resources for implementation are not there
In an appearance Wednesday, February 5, before the House of Representatives’ Energy and Commerce Committee, Michael Taylor, Deputy Commissioner for Foods and Veterinary Medicine, admitted the FDA does not have the resources to implement the Food Safety Modernization Act (FSMA), even though the resources are there to go forward with issuing the final rules.
In his initial statement, Taylor says, “We will continue efforts to make the best use of the resources we have, but simply put, we cannot achieve FDA’s vision of a modern food safety system and a safer food supply without a significant increase in resources.” When asked by one committee member, U.S. Representative Al Green (D-TX), about why it has taken in excess of two years to start releasing regulations, Taylor vaguely suggested it was the result of the complexity of the issues.
The question then has to be, “Why are we spending the resources to establish rules for regulation that cannot be carried out now and may be a long ways from being carried out, if at all?”
The Food Safety Modernization Act (FSMA), which was signed into law by President Obama in January 2011, was set to begin in June of 2015. At the time FSMA was approved in 2010, the Congressional Budget Office estimated the FDA would require a budget increase of more than $580,000,000, with much of the funding providing technical assistance to growers, processors, and transporters. Additionally, Taylor cites import oversight and retraining inspectors as further examples for an expanded budget.
During further testimony, a number of committee members questioned the language being utilized, some committee members from rural areas in particular. The Vice Chairman, Marsha Blackburn (R-TN), gave as an example that Kale was annotated as being ‘never eaten raw’. She laughingly wondered if anyone working to define the FSMA rules had ever stepped foot on a farm. Mr. Taylor responded by explaining that the “comment” process was dealing with issues such as that. He’s alluding to the ability for industry professionals to submit written or electronic comments to the proposed rules by May 31 of this year. The full final rule to the FSMA, which will establish requirements for food safety when it comes to storage and transport, can be read and commented on here. Concerned parties may also attend one of three public meetings. The dates and places are provided at the bottom of FSMA’S Central Frameworks Is Finally Taking Shape, further explaining the newest and final proposed rules to FSMA.
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