This week has been a busy one for people following S.510, the Food Safety Modernization Act. But despite the historic nature of voting it through, or not, there are plenty of people who have no idea what this bill is about or what it could mean for our food system. So we’re going to provide a basic overview of S.510, the Tester Amendment, and how this might affect us as local and/or organic food supporters.

The Food Safety Modernization Act, sponsored by Sen. Dick Durbin (D-IL), is being called “the most aggressive overhaul of food safety laws in 72 years,” states Peter Smith at GOOD. It’s overall aim is to improve food safety by giving power to the Food and Drug Administration (FDA) to implement mandatory recalls of contaminated food and will require food producers and processors to improve their planning and record-keeping practices. The bill covers producers of domestic and imported food products, including seafood and some egg products, but not covering meat and poultry.

As part of the preventative control/HACCP (Hazard Analysis in Critical Control Point) provisions the following key points are the primary issues being addressed in the bill:

• FDA Recall Power: The FDA will have the authority to recall foods suspected of being tainted, as opposed to relying on individual producers to implement a voluntary recall. To get information about the measures the agency can currently take, listen to this podcast by CNN Radio's Jim Roope. An article by Mary Rothschild in Food Safety News outlines how the FDA will be able to respond to a foodborne illness outbreak given the passing of S.510.
• Food Safety Plans: Food producers will be required to develop comprehensive food safety plans, which can be accessed by the government in case of emergency.
• Food Tracing: The Secretary of Health and Human Services will be required to develop a food tracing system that streamlines how contamination sources are tracked if an outbreak occurs. This will be accomplished through extensive record-keeping practices imposed on the producer.
• Food Testing Lab Standards: 3rd party lab accreditation bodies will be required to meet high-quality standards, and in some instances, these labs will have to report to the FDA.
• Food Importing: Imported foods will be held to the same standard of inspection as are held for domestic food in accordance with U.S. food safety guidelines. The FDA will be able to require certification for high-risk foods, and if necessary, deny entry on foods that are non-certified and/or are coming from a foreign facility that has denied access to U.S. inspectors.

The Tester Amendment

Some Key Points

• They must be a “very small business” as defined by the FDA in rulemaking, which means the FDA would have to conduct a study to help develop the definition of what it means to be a “very small” facility.
• They make less than $500,000 a year (over 3 years).
• That food is sold directly to consumers, restaurants or grocery stores (as opposed to 3rd party brokers).
• That food is sold in the same state as the facility, or is sold within 275 miles.

Where We Stand Today

• Some question whether or not the House will want to let go of the tighter regulations outlined in HR.2749.
• There are concerns about where the estimated $1.6 billion to fund the bill will come from.
• More importantly, as of December 1st, the House may block the bill using a procedure called “blue slipping,” due to the fact that Democrats violated a constitutional provision directing tax provisions to originate in the House. You can read more about this issue in the recent Roll Call article by John Stanton.

Additionally, key differences between the House and the Senate bill include:

• Inspections: House version calls for annual inspection of high-risk facilities. Senate version calls for one inspection in the first five years (after law goes in to effect) and then once every three years thereafter.
• Annual Facility Fee: House version calls for an annual facility fee of $500. Senate version requires no fee.
• Harmful Product Recall: House version allows the government to order a recall of harmful products before an informal hearing. Senate version allows the government to cease distribution and recall products after a hearing.

But time is running out for legislation to be approved before the new Congress takes over. If the blue slip is imposed a couple things might happen. It could mean that the next session of Congress will have to start from scratch, leaving time for Senate Majority Leader Harry Reid (D-Nev.) to tackle other issues. Or, if the House passes a new version of the bill, it could result in Reid pressing the issue in the Senate, only if there were a unanimous consent agreement to limit debate, which is unlikely based on Sen. Tom Coburn’s (R-Okla.) strict opposition to the bill.

Either way, we’re soon to find out the direction our food system is about to take, and given the current state we’re in we should certainly be paying attention.

Finally, it is important to note that there are a number of myths about the bill, driven by sensational media, and often based on blatant untruths, that are worth dispelling. THIS BILL WILL NOT:

• Make seed saving illegal
• Make home gardens, community gardens and family farms illegal
• Make it illegal to share, trade or sell homegrown food
• Outlaw traditional organic growing methods

For current updates on what’s happening with S.510 and other news about national food and agriculture policy:
CNN Eatocracy
Change.org - Sustainable Food
Food Safety News
GOOD (the Food page)
Grist - Food Fight Series
National Sustainable Agriculture Coalition blog
NPR