The Food and Drug Administration (FDA) Food Safety Modernization Act was signed into law January 5, 2011. The law gives the FDA the authority to issue recalls when there are food safety incidents and it requires food facilities (manufacturers, processors, transporters) to pay a fee to be inspected more often. It increases inspections, requires the submission of food safety plans, and generally gives the FDA broad authority over the entire food safety system. It also establishes a Reportable Food Registry, which requires facilities, restaurants and retail establishments to report “food incidents” in which there is a reasonable probability they will cause serious health consequences or death.
NACS staff worked with industry associations (GMA, NRA, FMI) to successfully advocate for the following:
- Lower registration fees.
- An exemption for restaurants and retail establishments from traceability requirements.
- Lower civil penalties for individuals and companies that unknowingly violate food safety requirements.
- Flexibility in the requirements for reporting instances of “reportable food” to the Reportable Food Registry (RFR). Originally the only method of reporting was electronic. We changed that provision to give retailers without Internet access other ways to report incidents, i.e. a 1-800 number.
This legislation will have widespread effects across the foodservice industry, most notably in the manufacturing and processing sectors. Retailers will potentially have a more stringent system to abide by, but ultimately reaching the goal of satisfying the consumer in the healthiest and safest manner.
NACS worked closely with legislators to craft the FDA Food Safety Modernization Act and will work closely with the FDA to develop rules and guidance to implement the provisions of this new law.
Now that the bill has become law, NACS is monitoring the regulatory process at the FDA. While Congress granted the FDA new legal authorities, it did so with the understanding that the Agency will implement the statute in a common-sense manner that promotes flexibility and cost-effectiveness, and refrains from increasing the burden on retailers—who are seldom responsible for food safety problems in the United States.
FDA has proposed several rules under the Food Safety Modernization Act, including one regarding detaining unsafe food, and another regarding denying entry to unsafe imports.