by Tanya Smith

Created on: December 16, 2010   Last Updated: December 17, 2010

The Food Safety and Modernization Act is being hotly debated by critics who claim the Act may go beyond simple oversight.  The Act was introduced by Sen. Richard Durbin, and was primarily intended to prevent many risks associated with our food supply.   The Secretary of Health and Human Services (HHS) now has an expanded role in records inspection and requirements for businesses in the industry to have permits inspected when there is a reasonable doubt that foods may cause illness or death.  As a result of these inspections, facilities may face the suspension of their licenses.

Under the Act, food facilities are required to evaluate food quality hazards, perform identification and monitoring of preventive controls, including keeping flawless records of all monitoring.  HHS has the power to review health information which may point to potential food contaminants and to issue specific guidance on actions and regulations required by food facilities. The provisions are meant to improve food safety by establishing scientifically-proven standards in fruits, vegetables and other harvested commodities. 

New fees also played a role in the Act.  Facilities requiring re-inspection, recalls, imports and importer re-inspection were the primary areas affected. Will these fees impede food facilities from getting business done?  Many claim that extra fees can hurt businesses, while others feel the cost to protect our food is well worth it. 

One area which has caused some concern over individual rights is the food safety programs for schools and early childhood education centers.  Some feel they do not want government telling parents what to do about children with severe food allergies.  However, others feel the Act may be the route to helping people understand the risks of food allergies better, especially in schools and daycare centers.    

The Act is said to improve the resources available for inspection of food facilities and foods imported into the United States by increasing the frequency of inspections and report these to Congress.  But could this lead to over-regulation?  Improving the safety of food imported to the United States is of primary importance.  It is unquestionable that foreign suppliers should be required to comply with the new food safety standards imposed, as the Act suggests.   It is also a boon to have foreign governments play a role in the inspection of food before it leaves their country bound for the United States.  This can reduce the incidence and costs of outbreaks to the United States taxpayer.  The Act may also help prevent food smuggling into the country.  Smuggling can be a source of health risks to Americans that is harder to pin down and regulation of illegal activities is truly in the best interests of everyone.  

Does the Act go too far in regulating the food industry? The jury is still out, but all in all, this legislation seems to put in place many checks and balances that will help safeguard our food supply in a world where security gets harder and harder to achieve.

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