Food recalls: US FDA creates new framework in sweeping overhaul

Intended to make US food supply safer, the Act is designed to be preventative rather than reactive, according to FDA Commissioner Scott Gottlieb.

Through the new guidance, the food industry has some details of the new rules as well as parts of the Act that will come into force later giving industry time to prepare, consider changes and address any particular concerns.

There is debate over how long it takes the FDA to order companies to remove contaminated food and supplements from sale. Currently, the FDA makes a public announcement about a recall if there is a serious hazard, but recalls are almost always voluntary and carried out by the food companies themselves.

However, the Food Safety Modernization Act in 2011 gave the FDA authority to issue mandatory recalls, although this is quite a rare occurrence.

“We’ve been working hard to implement the FDA Food Safety Modernization Act (FSMA). The law evolved from widespread concern about outbreaks of foodborne illnesses that kill thousands each year,” says Gottlieb in a statement. “These were true public health emergencies that compelled Congress to make this sweeping statutory reform. FSMA represents a profound and fundamental change in our approach to food safety, shifting from being reactive to preventive.”

“While we’ve been setting in place the public health gains envisioned as part of FSMA by issuing new standards for food safety, we recognize that such a fundamental change in our food safety approach may require adjustments along the way to address issues that had not been previously anticipated.”

The statement goes on to say how the FDA values feedback on the new rules and understand manufacturers, farmers and other stakeholders have faced certain challenges as they work to implement the new rules.

“We’re actively working to pursue permanent fixes to some of these remaining issues through rulemaking or other means, but this will take time,” Gottlieb adds. “That’s why we released guidance outlining key areas where we intend to exercise enforcement discretion in four of the rules that implement aspects of FSMA; to address certain challenges as we work to find long-term solutions.”

“Our aim is to work constructively with farmers and other producers to achieve our shared goals around food safety. These steps are part of our ongoing effort to make sure we take the time to get this new framework right, so it can successfully serve the needs of consumers for the long run.”

The provisions the agency does not intend to enforce relate to aspects of the “farm” definition, requirements related to written assurances from a manufacturer’s customers, requirements for importers of food contact substances, and requirements related to certain human food by-products for use as animal food.

These provisions can be found in the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human and Animal Food Rules; Foreign Supplier Verification Programs Rule; and Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption Rule.

According to the FDA, this action will help reduce the burdens on both industry and government and provide the agency the ability to consider the most effective and efficient way forward.

Has food policy got better or worse under Trump?
During the Obama administration the former Presidents and the then First lady, Michelle Obama, had a very clear vision for food policy, the future of food in the US and promoting healthy eating amongst young people through the Let’s Move campaign to fight childhood obesity.

Under Obama, in 2010 The Healthy, Hunger-Free Kids Act of 2010 centered on cleaning up school food by making school lunches across the US much more nutritious, with targets on providing whole grains, a broader range of fresh fruit and vegetables, cutting salt, reducing full-fat milk and meat.

In contrast, Trump seems to have an anti-regulation agenda and those standards that schools have been working towards over almost eight years are under the spotlight. US Department of Agriculture chief, Sonny Perdue is introducing new steps to give schools flexibility to meet targets and standards as well as get exemptions from having to move to whole-grain products, effectively undoing much of Obama’s former policy.

Another example of Trump’s anti-regulation thinking relates to the on-going issue of the Nutrition Facts labels. In a move hailed by the food industry but decried by lobby groups, the US Food and Drug Administration (FDA) has proposed to delay until January 1, 2020, the deadline for companies to update their Nutrition Facts labels to more prominently display calories and total sugar content and amend serving sizes.

The original date was set for July 2018 and the delay is a blow to health advocates who have been lobbying for better nutritional labels for many years.

These are just two examples that demonstrate the stark contrast towards food policy between the two Administrations.

Watch out for a Special Report on the theme of “Trump: One year one” coming soon to FoodIngredientsFirst.