H.R. 2749: Food Safety Enhancement Act of 2009
Proposed bill to enact new provisions governing food safety
by Pinedale Online!
August 3, 2009
This is a bill in the U.S. Congress originating in the House of Representatives ("H.R."). A bill must be passed by both the House and Senate and then be signed by the President before it becomes law. This bill is sponsored by U.S. Representative John Dingell, Democrat from the 15th District in Michigan. This bill has been passed in the House. The bill now goes on to be voted on in the Senate.
This bill includes provisions of an annual registration fee of from $500 to up to $175,000 for people that own multiple facilities.
Introduced on June 2, 2009
Food Safety Enhancement Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to set forth provisions governing food safety.
Requires each food facility to:
(1) conduct a hazard analysis;
(2) implement preventive controls; and
(3) implement a food safety plan.
Requires the Secretary of Health and Human Services to:
(1) issue science-based performance standards to minimize the hazards from foodborne contaminants;
(2) establish science-based standards for raw agricultural commodities;
(3) inspect facilities at a frequency determined pursuant to a risk-based schedule;
(4) establish a food tracing system;
(5) assess fees relating to food facility reinspection and food recall; and
(6) establish a program for accreditation of laboratories that perform analytical testing of food for import or export.
Authorizes the Secretary to:
(1) order an immediate cessation of distribution, or a recall, of food;
(2) establish an importer verification program; and
(3) quarantine food in any geographic area within the United States.
Defines the term "color additive" to include carbon monoxide that may affect the color of fresh meat, poultry products, or seafood.
Requires country of origin labeling on food and annual registration of importers.
Provides for unique identifiers for food facilities and food importers.
Deems a food to be adulterated if an inspection is delayed or refused.
Requires the Secretary to establish a corps of inspectors dedicated to inspections of foreign food facilities.
Sets forth provisions governing the reorganization of Food and Drug Administration (FDA) field laboratories and district offices.
Gives the Commissioner of Food and Drugs subpoena authority with respect to a food proceeding.
Establishes whistleblower protections.
Bill Co-Sponsors:
Rep. Diana DeGette [D-CO1]
Rep. Frank Pallone [D-NJ6]
Rep. Bart Stupak [D-MI1]
Rep. Betty Sutton [D-OH13]
Rep. Henry Waxman [D-CA30]
Below is an excerpt from the bill for the section requiring annual registration. (See the related links below for the full text of this proposed new bill.
Annual Registration-
(1) DEFINITION OF FACILITY- Paragraph (1) of section 415(b) (21 U.S.C. 350d(b)) is amended to read as follows:
‘(1)(A) The term ‘facility’ means any factory, warehouse, or establishment (including a factory, warehouse, or establishment of an importer) that manufactures, processes, packs, or holds food.
‘(B) Such term does not include farms; private residences of individuals; restaurants; other retail food establishments; nonprofit food establishments in which food is prepared for or served directly to the consumer; or fishing vessels (except such vessels engaged in processing as defined in section 123.3(k) of title 21, Code of Federal Regulations, or any successor regulations).
‘(C)(i) The term ‘retail food establishment’ means an establishment that, as its primary function, sells food products (including those food products that it manufactures, processes, packs, or holds) directly to consumers (including by Internet or mail order).
‘(ii) Such term includes--
‘(I) grocery stores;
‘(II) convenience stores;
‘(III) vending machine locations; and
‘(IV) stores that sell bagged feed, pet food, and feed ingredients or additives over-the-counter directly to consumers and final purchasers for their own personal animals.
‘(iii) A retail food establishment’s primary function is to sell food directly to consumers if the annual monetary value of sales of food products directly to consumers exceeds the annual monetary value of sales of food products to all other buyers.
‘(D)(i) The term ‘farm’ means an operation in one general physical location devoted to the growing and harvesting of crops, the raising of animals (including seafood), or both.
‘(ii) Such term includes--
‘(I) such an operation that packs or holds food, provided that all food used in such activities is grown, raised, or consumed on such farm or another farm under the same ownership;
‘(II) such an operation that manufactures or processes food, provided that all food used in such activities is consumed on such farm or another farm under the same ownership;
‘(III) such an operation that sells food directly to consumers if the annual monetary value of sales of the food products from the farm or by an agent of the farm to consumers exceeds the annual monetary value of sales of the food products to all other buyers;
‘(IV) such an operation that manufactures grains or other feed stuffs that are grown and harvested on such farm or another farm under the same ownership and are distributed directly to 1 or more farms for consumption as food by humans or animals on such farm; and
‘(V) a fishery, including a wild fishery, an aquaculture operation or bed, a fresh water fishery, and a saltwater fishery.
‘(iii) Such term does not include such an operation that receives manufactured feed from another farm as described in clause (ii)(IV) if the receiving farm releases the feed to another farm or facility under different ownership.
‘(iv) The term ‘harvesting’ includes washing, trimming of outer leaves of, and cooling produce.
‘(E) The term ‘consumer’ does not include a business.’.
Pinedale’s Farmers Market has this to say about their position on H.R. 2749 in an e-mail to Farmer’s Market supporters on July 31, 2009:
"A new food safety bill is on the fast track in Congress-HR 2749, the Food Safety Enhancement Act of 2009. The bill needs to be stopped. HR 2749 gives FDA tremendous power while significantly diminishing existing judicial restraints on actions taken by the agency. The bill would impose a one-size-fits-all regulatory scheme on small farms and local artisanal producers, and it would disproportionately impact their operations for the worse. Here is how you can help fight this bill…The bill has passed the house and heads to congress, please contact your congressman/woman." www.PinedaleFarmersMarket.org/
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