The recent data from the Centers for Disease Control and Prevention has shown us that we have a considerable public health problem that is very much preventable if only we act on it. The data shows that 1 in 6 Americans or 48 million people get sick, 128,000 are hospitalized, and 3,000 die each year largely due to food borne diseases. We have existing laws and oversight from the U.S. Food and Drug Administration (FDA) that have kept the vast majority of Americans safe from diseases brought about by consuming harmful bacteria, parasites, viruses and toxins found in some of our food. But, the data as well as several cases of contamination shows that we still have much to do to keep us safer. And that we make stricter laws and continuous improvements in food safety.

For the first time in 70 years a major bill that tackles food safety was signed into a law. The Food Safety Modernization Act (FSMA), which was signed into law in January 4, 2011, gives the FDA the much needed mandate in protecting our food supply by pursuing a system that prevents food-borne illnesses from the onset. The system deals with the hazards from farm to table and checks on the production, processing, transport and food preparation to ensure the food supply safety. Previously, FDA could only negotiate with businesses to order voluntary recalls but the new food law gives them the authority better respond to issues including ordering recalls of contaminated foods. The new law requires companies to develop and implement written food safety plans making it easier for the agency to monitor. Also, under FSMA provisions, the FDA will be able to ensure that imported foods are as safe as the food produced in the US. 

Food borne illnesses are very much preventable is only there is an agency with enough authority, as well as tools and systems, to ensure proper monitoring and can make the necessary call in case there are food supply hazards. Also, food chains being held responsible and accountable at each step can ensure that they are very careful in making sure about their products. 

Here are some of the provisions or elements in the Food Safety Modernization Act:

Preventive controls plan – The whole new law is based on prevention and so the system created by FDA would require comprehensive, prevention-based controls across the food supply. In this case, FDA will require food chains and facilities to develop a written food safety plans that spell out what possible problems could affect the safety of their products and how they plan to prevent it from happening or minimize the possibility of it happening. This would include food processing apron and lab coats and other measures that help ensure workers do not contaminate their products.

Science-based standards – The FDA is tasked to establish science-based standards for safe production and harvesting of fruits and vegetables. Both natural and man-made hazards to the safety of fresh produce will be considered by the standards. 

Increased number of inspections – To ensure that the food industry is made responsible and accountable in guaranteeing that they produce safe food for the people, the FDA is directed to increase the frequency of their inspections based on risks. High-risk domestic food and facilities would be the priority of the initial inspections with recurring inspections thereafter. 

Issuing Recalls – FDA has now the authority to recall tainted and unsafe food products if the food company does not do so voluntarily. Previously, except for infant formula, the agency could only request food manufacturers and distributors to recall voluntarily. This time they are provided a more flexible standard for administrative detention and allowed to suspend the registration of food facilities who fails food safety. 

Imported food safety – Americans have enjoyed imported food for a long time but only the new law gives FDA new tools to ensure that these imported foods meet US standards and are safe for consumers. Included here is that importers are made accountable in verifying that their foreign suppliers have adequate preventive controls in place to ensure safety. FDA will be able to accredit qualified 3rd party auditors that certify that foreign food facilities are complying with US food safety standards and that they can refuse entry into the US of a food that has refused U.S. inspection.

Improved partnerships with other agencies – The law recognizes the need for strengthened inter-agencies relationships and collaboration to ensure the success of the law and to achieve public health goals. Hence, the FDA is directed to give trainings to local food safety officials.

Exemptions – Community supported agriculture programs (CSA) and small farms that sell directly to consumers are exempted from the produce safety standards.

The focus of the law is prevention and the process is long-term as a new food safety system is established. But some of the authorities of FDA take effect immediately, such as the mandatory recall authority, while some requires FDA to prepare and issue documents that would be the be the basis of the regulation. The new law is a step forward in making the food industry really safe for consumption. We have made steps in making sure medicine, medical devices and other products are safe for use. Therefore we have more reason to ensure that our basic needs, such as food, have high standards, too. The law may not be as perfect as we want it to be but it is a step towards it, especially for those who are not really conscious of what they buy and eat.

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