House Farm Bill Provision Could Delay FSMA Regulations
The House version of the 2013 Farm Bill includes a “dangerous and unnecessary” provision that could delay implementation of Food Safety Modernization Act regulations, according to the Center for Food Safety. Part of the bill passed by the House of Representatives July 11 directs the Food and Drug Administration to publish scientific and economic analyses on FSMA final rules before FDA can enforce any FSMA regulations.
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If the provision makes it into the enacted version of the 2013 Farm Bill, it could throw into doubt an April ruling by the Northern California U.S. District Court that found FDA’s delayed implementation of FSMA violates the law (see 13042402). In June, the court required FDA to publish all of its FSMA-implementing regulations by 2015 (see 13062412).
“This is an attack on American consumers,” said Andrew Kimbrell, director-Center for Food Safety. The FDA already conducts ‘scientific and economic analysis’ as part of its rulemaking authority, he said. “While people are becoming sick and even dying, industry looks for any opportunity to continue business as usual. Center for Food Safety will continue its work to ensure that these lifesaving regulations are implemented by court-ordered deadlines,” said Kimbrell. He urged the Senate to “strip this dangerous amendment in conference committee."
A spokesman for Dan Benishek, R-Mich., responded that the doctor-turned-Congressman “is very supportive of ensuring our nation has a safe and protected food supply,” Benishek first introduced the provision as an amendment that was later agreed to by a voice vote. “But those safeguards have to be done in a reasonable way that takes into consideration the potential of negative economic impacts,” the spokesman said. “Dr. Benishek authored this plan to prevent Northern Michigan farmers from being hit with more costly regulations that will hurt our farmers and drive up the cost of food. Simply put, we lose jobs in Northern Michigan when Washington bureaucrats enact costly new rules that hurt our farmers and agricultural businesses,” he said.