June 26, 2009

The US House Energy and Commerce Committee has passed Chairman Henry Waxman and Chairman Emeritus Dingell's Food Safety Enhancement Act of 2009.

The legislation aims to increase the Food and Drug Administration's food safety-related authority in light of numerous recalls and foodborne illnesses attributable to FDA-regulated products.

The Act creates several mandates on FDA-regulated products that are used as ingredients in some meat and poultry and of the bill precedent could establish with respect to the meat and poultry inspection statutes.

The American Meat Institute (AMI) worked closely with members of the Energy and Commerce Committee to ensure that the language addressing the modified atmosphere (low oxygen/CO) packaging was eliminated from the bill.

Other provisions, such as those concerning the establishment of preventive controls, mandatory country of origin labeling and traceability, also were significantly improved.  While there were some improvements, AMI still has concerns regarding providing FDA with mandatory recall authority, the imposition of registration fees and a reference to BPA in the legislation, among others.

Although the timing remains uncertain, the bill will next move to the floor of the US House of Representatives for consideration.