Search results: single food agency

FoodProductionDaily.com has done an analysis of who does what under the new UK scheme for dividing food responsibilities and taking power away from the pesky Food Standards Agency, which had the nerve to actually try to regulate the food industry.

At a time when it is increasingly obvious that food regulations would be better served if under the authority of a single food agency, the UK is doing just the opposite.

Here in America, we have enough problems with food regulations divided between FDA and USDA.  The UK has done us one better.    It now has three agencies in charge.  See if you can make sense of any of these new responsibilities:

The Food Standards Agency

• Scientific advice on the food safety aspects of date marking
• Assessment and labeling of ingredients/foods with food safety implications (e.g. allergens, glycols, high caffeine, high glycyrrhizinic acid)
• Food safety aspects of organic food and of foods controlled by compositional standards
• Treatments and conditions of use with food safety implications (e.g. quick frozen foods, raw drinking milk and pasteurization, food contact materials)
• GM and novel foods (including use of nanotechnology)
• EU General Food Law regulation, including traceability of food
• Codex Committees on Food Hygiene, Methods of Analysis and Sampling, Food Additives, Contaminants in Foods

Department for Environment, Food and Rural Affairs (a mix of our FDA, USDA, and EPA)

• General lead on food labeling legislation and relevant EU negotiations
• Lead on the EU Food Information proposal
• Country of origin labeling
• Food composition standards and labeling such as fruit juice and fruit nectars, jams and bottled water
• Technical advice on compositional standards for food without specific legislation, such as soft drinks and cereal products
• Fish labeling
• Use of marketing terms e.g. natural, fresh, clear labeling, vegan and vegetarian labeling
• Food authenticity program
• Codex Committees for: Food Labeling, Processed Fruits and Vegetables, Fresh Fruits and Vegetables, Fats and Oils, Fish and Fishery Products, Europe, General Principles
• Lead on Codex Alimentarius Commission, General Principles and Coordinating Committee for Europe

Department of Health

• Nutrition related aspects of the EU food information regulation
• Front of pack labeling
• Food for particular nutritional uses (PARNUTS)
• Infant formula and follow on formula
• Health and nutrition claims
• Food supplements
• Calorie information in catering establishments
• Codex Committee on Nutrition and Foods for Special Dietary Uses

This sounds to me like an ironclad guarantee that nothing will ever get accomplished.  But that, of course, was very point of taking so many responsibilities away from the Food Standards Agency.  That agency, alas, was actually trying to regulate the food industry, something no conservative government is willing to tolerate.

Let’s hope our FDA pays no attention.

My San Francisco Chronicle column, now appearing in print on the first Sunday of the month, is also online.

Its title:  “Hot food issues ready to boil over this year.”

Q: What do you think will happen with food and nutrition in 2010?

A: I wish I could read the leaves while I drink tea, but the best I can do is tell you which issues I’m going to be watching closely this year.

Hunter Public Relations recently asked 1,000 Americans which food-related issues they thought were most important in 2009. The top three? Food safety, hunger and food prices. For the decade, the winner was childhood obesity.

I have my own top 10 list of hot-button issues for 2010, and here they are:

• Hunger: More than 35 million Americans get benefits to which they are entitled under the Supplemental Nutrition Assistance Program (formerly, food stamps). The economy may be improving, but not quickly enough for millions who have lost jobs, health care and housing. Will Congress do anything this year to strengthen the safety net for the poor? It needs to.
• Childhood obesity: Rates of childhood obesity may have stabilized, but we all want to figure out how to prevent kids from gaining so much weight that they develop adult chronic diseases. I expect to see more efforts to improve school food and make neighborhoods more conducive to walking to school, riding bikes and playing outside.
• Food safety regulation: Congress is sitting on a bill to give the Food and Drug Administration some real authority for food safety. The bill does not do what is most needed – establish a single food-safety agency – but is a reasonable step in the right direction. Let’s hope Congress gets to it soon.
• Food advertising and labels: The long-dormant FDA and Federal Trade Commission are getting busy at last. In the wake of the Smart Choices fiasco, the FDA is working to make package labels less misleading and easier to understand. The agencies have proposed nutrition standards for products marketed to children. These voluntary standards fall far short of my preference – an outright ban on marketing junk foods to kids – but puts food companies on notice that their products are under scrutiny. The FDA is also working on designs for front-of-package labels. I’m hoping it chooses a “traffic-light” system that marks foods with a green (any time), yellow (sometimes) or red (hardly ever) dot. Expect plenty of opposition from the makers of red-dotted products.
• Meat: The meat industry has been under fire for raising food animals under inhumane conditions, using unnecessary hormones and antibiotics, mistreating immigrant labor, and polluting soil and water. Now it is also under fire for contributing to climate change. Recent films like “Food, Inc.” and “Fresh” and books such as Jonathan Safran Foer’s “Eating Animals” are encouraging people to become vegetarians or to eat less meat to promote the health of people and the planet. I’ll bet the meat industry pushes back hard on this one.
• Sustainable agriculture: The back-to-the land movement has loads of people buying local food, choosing foods produced under more sustainable conditions and growing their own food. The number of small farms in America increased last year for the first time in a century. Seed companies cannot keep up with the demand. It will be fun to follow what happens with this trend.
• Genetically modified (GM) foods: My book, “Safe Food,” comes out in a new edition this year, so I am paying especially close attention to debates about GM foods. The FDA’s 1994 decision to prohibit labeling of GM foods continues to haunt the food biotechnology industry. By now, nearly all American soybeans and sugar beets (95 percent) are GM, as is most corn (60 percent). But when the U.S. Department of Agriculture approved GM sugar beets in 2005, it neglected to perform the required environmental impact assessment. On that basis, environmental groups want to ban further planting of GM sugar beets. The dispute is now in the courts.
• Chemical contaminants: The FDA has yet to release its report on the safety of bisphenol A, the plastic chemical that acts as an endocrine disrupter. Shouldn’t it be banned? The bottling industry says no. Watch for fierce arguments over this one.
• Salt: Nutrition standards allow 480 mg sodium (the equivalent of more than 1 gram of salt) per serving. A half cup of canned soup provides that much. A whole cup gives you 4 grams and the whole can gives you 8 grams – much more than anyone needs. Nearly 80 percent of salt in American diets comes from processed and restaurant foods. Companies are under pressure to cut down on salt. Will they? Only if they have to.
• Dietary advice: The new edition of Dietary Guidelines for Americans, which the government publishes every five years, is due this year. What will it say? I can’t wait to find out.

Those are the issues I am tracking these days. My one crystal-ball prediction? We will be hearing a lot more about them this year.

Happy new year!

Alas, Congress did not pass food safety legislation by Thanksgiving, and I’m getting lots of requests to comment on it.  For example, Johannes G writes: “Marion, I’m usually spot on with you about a lot of things you talk about, but your final comment truly irritates me. We don’t need more regulatory policy, we need a food policy that makes sense.”

Actually, I think we need both.  No question, a better food safety regulatory policy is high on my priority list.  Why?  Because the food industry will never produce safe food voluntarily.  It’s time to give regulation a try, and now is the time.  While the window of opportunity is open, we need to convince Congress to act.

Current legislative proposals

To recap where we are on this: the House passed H.R. 2749, the Food Safety Enhancement Act last July. The Senate is currently considering S. 510, the FDA Food Safety Act.  Some version of these bills seems likely to pass, although it is not at all clear by when.

Although food safety advocates generally agree that we need a single food safety agency that integrates the activities of USDA and FDA, these bills are designed to fix the FDA alone, not the overall food safety system. For a quick take on the provisions of some of the bills under consideration, see the summary chart produced by the Center for Science in the Public Interest.

The bills require science-based (HACCP-type) processes for producing food, starting on the farm. And at long last they authorize the FDA to order recalls or detain foods deemed unsafe. No, the FDA does not already have these basic tools.  It needs them.

One more time on HACCP: It means Hazard Analysis Critical Control Point with Pathogen Reduction.  Translation: identify where in the production process contamination might occur, take steps to prevent contamination from occurring at those points, document that the steps were taken, monitor and inspect periodically to make sure the documentation is accurate, and test to make sure no contamination has occurred.

Without much chance of getting a single food safety agency, fixing the FDA is a good thing to do.  We can hope that once the FDA bill is passed, Congress will work on legislation to reconcile the inconsistencies in FDA’s and USDA’s food safety rules.  But that cannot happen unless the FDA first has the ability to require science-based food production and can authorize recalls and detentions.

The “scale” problem

This brings us to the problem of small farmers, or what regulatory agencies refer to as the “scale” (translation: size) problem. Steve Gilman, the policy coordinator for the Interstate Council of the Northeast Organic Farming Association (NOFA) sent me a copy of a letter to Senators signed by 70 or so members of the National Sustainable Agriculture Coalition.

This group is deeply worried about the bill’s “unintended negative impact on family farms, value-added agricultural development, conservation and the environment, organic farming, and emerging local and regional food systems.”

The Coalition wants the Senate to consider, among other things:

• A two-track regulatory system based on the size, type, and diversity of a farm’s production.
• Rules based on level of risk (“fresh cut, ready-to-eat packaged fruits and vegetables pose a far greater risk than whole produce”).
• Exemptions for traceability requirements.
• Scale-appropriate food safety training as outlined in additional legislation (introduced as S. 2758, The Growing Safe Food Act).

I greatly favor support of small farmers.  But I think all farmers – no exceptions – should be producing safe food. Thinking through a food safety plan is not that hard to do and farmers of any size operations should be carefully designing and diligently following HACCP-type plans appropriate to their specific situations.

Farmers who produce foods unlikely to be cooked before eating — raw vegetables, raw milk, raw oysters, for example – should be testing for contaminants on some kind of regular basis at time intervals that depend on the level of risk.

I think testing is so badly needed that I would add support of testing facilities to the Coalition’s legislative wish list.

The scale issues are important and I hope the Senate will consider them seriously, incorporate them into the final legislation, and look for ways to support the food values outlined by the Coalition.   But the fix-the-FDA legislation should not be held hostage to the scale problem.  The FDA needs better methods for protecting the public from the hazards of industrial production methods.  While making sure the FDA gets food safety authority, we need to work hard to get scale-appropriate rules or enforcement for smaller farmers who want to opt out of industrial food production, grow diverse crops, and produce them sustainably.

I did a Q and A with Helena Bottemiller of the new food safety website, FoodSafetyNews.com about the politics of food safety.  It’s online at the site.  Here’s the text of the interview (absent the blurb and photograph):

Q: There has been a lot of rhetoric coming from Administration-appointed officials on food policy this year–on encouraging fruits and veggies, on promoting local food, on strengthening food safety. Do you think these ideas will make a big impact on the current food system, or are the institutional and political barriers to change too great?

A: It’s not one or the other; it’s both. Yes, federal support will encourage small farmers and organic production and these sectors will grow as a result, and that’s a good thing. But they still account for, and will continue to account for, only a tiny fraction of food production. I expect growth in alternative agriculture with big percentage jumps, but the base will be small for a long time. I think the question is whether the growth in alternative systems will place pressure on industrial agriculture to improve its practices. I hope so.

Q: You’ve written before about the “revolving door” at the U.S. Food and Drug Administration and the U.S. Department of Agriculture–where regulators have close ties to the sector that they regulate from moving between roles in government and industry. I know you’ve been supportive of Michael Taylor, a top advisor to FDA Commissioner Hamburg, despite his former ties to industry, because of his policy positions. Are we seeing a better revolving door?

A: Of course it persists and always will, and is a huge problem for governmental integrity. The Michael Taylor situation is not so simple. In some circles, his appointment is a deal-breaker; anti-GMO groups will never forgive him for his role in FDA approval and non-labeling of GM foods. Whether FDA will revisit the labeling issue, I have no idea–I wish it would–but Taylor has a long and consistently solid record in the food safety area. He performed food safety miracles at USDA in the mid-1990s and that makes him a good choice for food safety initiatives that I hope are coming at FDA. I think he needs to be given a chance.

Q: Do you think the Senate will address food safety this fall, and are you supportive of the bills? What do you think about the push back from small and sustainable agriculture folks?

A: I hope the Senate acts, and soon. If it doesn’t, FDA’s hands are tied and we can expect massive outbreaks of foodborne illness to continue unabated. Even so, Congress is not doing what everyone agrees needs to be done: create a single food safety agency with responsibility, authority, and resources to require safe food production from farm to table. Food safety is just like health care. Everyone knows what is needed but Congress is too corrupt to act.

As for small farmers: I think everyone producing food–no exceptions–should be using science-based food safety procedures with testing. Congress needs to make it possible for small-scale producers to do this. While getting local testing facilities in place, Congress also ought to provide for local slaughter. Both would make a big difference.

Q: In your opinion, what are the top five ways we could create a safer food supply?

A: 1. Require HACCP (science-based food safety regulations) with test-and-hold pathogens for all producers from farm to table.

2. Create a single food safety agency to monitor and enforce regulations, with adequate resources to do so.

3. Ban the use of antibiotics in animal agriculture for non-therapeutic purposes.

4. Do a major national education campaign for hand washing (and require restaurants to provide hot water, soap and towels for that purpose).

5. Reform election campaign laws so elected representatives can focus on public health rather than corporate health.

If you are trying to keep up with food safety information – and trust me, this is not for the faint-hearted – it has just gotten a little bit easier.  The government has launched a new site at http://www.foodsafety.gov/index.html.  If we can’t have a single food agency, we can at least have a single food safety site.  It’s got a widget to track outbreaks, links to regulatory information, and plenty of advice for consumers.  Now, if Congress would just pass some decent food safety laws….

Senator Dick Durbin (Dem-IL) has introduced The FDA Food Safety Modernization Act to give this beleaguered agency the tools and resources to do its job properly.  The proposed Act got immediate endorsements from food industry trade groups: grocery manufacturers, producers of fresh vegetables, and producers of frozen foods, for example.

How come food lobbying groups suddenly want a stronger FDA?  No doubt because the alternative is a single food safety agency that would impose real rules with real teeth, and would oversee the safety of food from farm to table.  Rosa DeLauro introduced just such a bill in the House.

And how’s this for today’s rumors (most definitely unconfirmed): Michael Osterholm is up for USDA undersecretary for food safety and Michael Taylor for head of the White House Office of Food Safety.  Caroline Smith DeWaal, a strong consumer advocate for foods safety is out of the running; she works for Center for Science in the Public Interest (CSPI).  These are just rumors.  If they turn out too be true, I will have more to say about the potential nominees.

The FDA has just produced a summary of the first-year accomplishments of the food protection plan it announced a year ago. According to the New York Times, FDA officials say their overhaul of the food safety system is right on track (for a summary, see consumeraffairs.com). Skeptical?  Join Congressional representative Rosa De Laura (Dem-CT) who says of the FDA: “It’s got to be so totally redone…It needs resources; it needs better management; it needs less influence from the industry and more influence on the science.”  Single food safety agency, anyone?

Here’s what Consumers’ Union has to say about the plan, starting with “the FDA needs a complete overhaul.”

The Government Accountability Office, long a proponent of overhauling the U.S. food safety system and putting it under the aegis of a single food safety agency, has produced more evidence for its view (I love this title): Food Safety: Selected Countries’ Systems Can Offer Insights into Ensuring Import Safety and Responding to Foodborne Illness. The countries they looked at have farm-to-table safety systems in place, place primary responsibility on food producers (what a concept!), deal with risk intelligently, and have mandatory recall authority. We could do this too, maybe?