Senate Passes Food Safety Bill

11/30/2010

On November 30, 2010, the Senate passed Senator Harkin’s amendment in the nature of a substitute of S. 510. The FDA Food Safety Modernization Act, as amended, passed by a vote of 73-25. The bill will now move to the House, where leading members have previously indicated a willingness to accept the Senate version, thereby avoiding conference.   The House previously approved its own version of the Food Safety bill (H.R.2749) on July 30, 2009. The bill is designed to allow the government to take action to prevent unsafe foods from harming people before an outbreak occurs.

The Senate version amends the Federal Food, Drug, and Cosmetic Act with respect to the safety of the food supply by providing the Food and Drug Administration (FDA) with increased authority. The bill provides the FDA with increased access to facility records in food emergencies, allows for more FDA inspections at both domestic and foreign food facilities, and allows the FDA to force a recall of food suspected of being tainted. Senator Harkin’s version also increases import certification requirements.

The final Senate version of the Food Safety Bill dropped proposed restrictions on bisphenol-A, which had proven a highly controversial element of the Food Safety Bill debates.

We will continue to provide information on our website as to the status of this legislation as it develops.  For additional information concerning the Act, please contact a Barnes/Richardson attorney.