Importing a change in diet: the proposed food safety law of 2010 and the possible impact on importers and international trade.
The current combination of widespread consumer alarm about foodborne illness outbreaks and industry concern about profitability has encouraged Congress, for the first time in many years, to consider major food safety reform. The House of Representatives has already passed its version of reform, the Food Safety Enhancement Act of 2009. The Senate appears ready to pass its bill, the FDA Food Safety Modernization Act. Both bills will subject firms in the food industry to a number of new requirements and will considerably increase Food and Drug Administration's (FDA's) enforcement authority. This article addresses how the passage of major food safety reform in 2010 will potentially affect food importation into the United States, by using the Food Safety Enhancement Act of 2009, the bill passed in the House, as a model for what food safety reform will entail. Under the bill, food facilities and importers will have to register yearly with FDA and pay a fee. Customs brokers will also have to register with FDA. FDA will have the authority to subject certain foods to a certification requirement for obtaining entry into the United States. Food facilities will be required to evaluate hazards and implement preventive controls and food safety plans. FDA will establish mandatory performance standards and produce standards. Specific foods identified by FDA will be subject to traceability requirements. FDA will follow a mandatory risk-based inspection schedule, will have far greater access to records, and will have the authority to enforce mandatory recalls. U.S. trading partners may take issue with the substantial burdens placed on those importing food into the United States and may consider bringing a challenge against the United States claiming that the new food safety legislation violates World Trade Organization obligations.
Fordham University School of Law, USA.
Shannon G
SG
May
D003132:Commerce / Q000331:legislation & jurisprudence*; D004032:Diet; D019649:Food Industry / Q000331:legislation & jurisprudence; D059022:Food Safety; D006801:Humans; D007881:Legislation, Food; D014481:United States; D014486:United States Food and Drug Administration