Food Safety Modernization Act

I had intended to write about this piece of legislation in a more timely fashion (shortly after it came up for vote in the Senate Thanksgiving week) but other things came up. Now I see that S. 510, the so-called Food Safety Modernization Act, has passed the House and is heading to the President's desk. This occured in spite of consitutionality questions; since this legislation is considered revenue-generating it should have originated in the House, not in the Senate. The Complete Patient (also see previous posts) has written several posts with great analysis.

The bill is intended to bring food safety into the present after outbreaks of foodborn illness. In fact it greatly increases FDA oversight of farming and the food industry, and increases extremely burdensome regulations on food production. Senator Tom Coburn, who outspokenly opposed the bill, believes that the increased regulation would not actually make food safer. He said: "The problem with food safety is the agencies don't do what they're supposed to be doing now. They don't need more regulations. They need less." Sen. Coburn also objected to the cost of the new legislation, which the Congressional Budget Office estimates as a "negligible" $1.4 million over four years.

Originally there was a great deal of outcry (from the few who knew this bill existed) because the new regulations would apply to all food production regardless of size. Sen. John Tester proposed an amendment as a solution to this problem, exempting small farms and those who sell at farmer's markets. Though this appeared to be a solution for small farms, instead of simply exempting them it apparantly places the burden on the farmer to prove that he is exempt. It looks like the FDA could inspect any time it chose. It also appears that the legislation would resurrect the failed National Animal Identification System, which required farmers to register every animal owned. Farming is not a neat and tidy business that can be laid out on paper and expected to remain somewhat constant (is any business, really?). To require extensive records from any business is a huge imposition and only impedes that business' activity and progress. The farmer, depending on his operation, must either hire someone to do the additonal paperwork or do it himself. Either way this greatly reduces the efficiency of his resources and prevents his business from performing to the full extent of his capability. Greater oversight makes the system more cumbersome and will do nothing to keep the people safe.