The proposed Federal Food Administration Act would establish an independent federal food administration under the Department of Health and Human Services. The bill will be sponsored by Rep. Rosa de Lauro (D-CT) and Senator Richard Durbin (D-IL) to be introduced into the 119th Congress
The need for a single dedicated agency has long been debated but is supported by food safety experts. The U.S. Food and Drug Administration (FDA) is currently responsible for all food safety and nutrition programs other than for red meat and poultry falling under the Food Safety and Inspection Service of the USDA. Rep. De Lauro points to the lack of emphasis on food safety by the FDA. A frequent observation relating to the Agency is that the “F” in title is silent.
Following a series of costly, disruptive and avoidable food safety events during the past two years, the FDA has reluctantly and belatedly appointed a Deputy Commissioner responsible for aspects of food safety. Absent a profound change in agency culture, shifting of responsibilities and redrawing the organizational chart is analogous to moving deck chairs on the Titanic.
Rep de Lauro stated, “I have long said that food safety is a second-class citizen at the Food and Drug Administration. I believe we need a single food safety agency solely focused on keeping the foods that we eat safe. Creating a single food agency could prevent avoidable product contamination and subsequent recalls that disrupt the supply chain.”
Senator Durbin stated, “In recent years FDA have been plagued by one incident after another from a failure to protect babies from bacterial infection in their infant formula to a failure to protect children from lead-tainted applesauce pouches.” He added, “The sad reality is that FDA has not used its authority to protect Americans from preventable illness and death.”
The proposed establishment of a Federal Food Administration was welcomed by a number of advocates for food safety including Brian Ronholm at Consumer Reports, previously an administrator at the FDA.
At present, sixteen agencies are involved in food safety according to the General Accounting Office leading to lack of coordination, turf battles and divided responsibility.
The Federal Food Administration Act would remove all aspects of feed regulation and nutrition from the Food and Drug Administration including the Center for Food Safety and Applied Nutrition, Center for Veterinary Medicine, Office of Food Policy and Response and the Office of Regulatory Affairs.
Although the proposed Federal Food Administration Act would be an advance with respect to consolidating aspects of food safety currently divided among Federal agencies it avoids the obvious question of USDA-FSIS still retaining jurisdiction over red meat and poultry. To achieve the ultimate objective of complete consolidation, it will be politically expedient to establish the Federal Food Administration as a functioning entity before attempting to transfer responsibility for red meat and poultry from the USDA. Currently the FSIS is strongly supported by producers, packers and processors who have created a harmonious working relationship not necessarily detrimental to consumers as is the case with all other foods administered by the FDA.
Opponents of a single Federal Food Administration have maintained that the proposed change would be too disruptive. Following the 9-11attack, the Department of Homeland Security was established with extensive consolidation of responsibilities previously assumed by many agencies. The implementation of a Federal Food Administration will be difficult given that vested interests and lobbying will influence the legislative process as it progresses through committees and both the House and Senate.
The topic of legislation brings to mind the apt Mark Twain adage that “Nobody should watch sausages and laws being made”. The proposed Federal Food Administration Act epitomizes both sausages, a potential vehicle of foodborne infection and creating legislation that will inevitably have unintended consequences. Establishing an independent agency to promote food safety and nutrition should however be a bipartisan issue.