House Energy and Commerce Subcommittee Approves New Version of Food Safety Bill

(H.R. 2749 was introduced on June 8, 2009. According to Committee sources, H.R. 2479 is the same (with the exception of a few technical changes) as the "discussion draft" which was posted to the Committee Web site and on which a June 3, 2009 hearing was held. The discussion draft included provisions for importer and customs broker/filer registries and fee, country of origin labeling, civil and criminal penalties, improved food traceability, increased inspections, etc.)

Subcommittee Adopts Amendment in Nature of a Substitute

During the markup of H.R. 2479, the Health Subcommittee adopted the Subcommittee Chairman's amendment in the nature of a substitute and favorably referred the amended bill to the full House Energy and Commerce Committee.

(An amendment in the nature of a substitute is an amendment that would strike out the entire text of a bill or other measure and insert a different full text.)

Other Amendments Expected to be Considered as Bill Moves to Full Committee Mark Up

At the June 10, 2009 mark up, several Health Subcommittee members offered a total of seven amendments to the Chairman's amendment in the nature of a substitute, but withdrew those amendments after the Subcommittee Chairman stated that the issues raised in the amendments would be considered as the bill moves to the next level (i.e., full Energy and Commerce Committee mark up).

The amendments offered and subsequently withdrawn involved issues such as civil penalties, aquaculture, tobacco, U.S. Department of Agriculture vs. Food and Drug Administration authority, recordkeeping, etc.

Committee Chairman Plans Full Committee Mark Up on June 17th

In his statement at the mark up, Committee Chairman Waxman stated that he plans to have a full Committee markup of H.R. 2749 on June 17, 2009.

Amendment in the nature of a substitute to H.R. 2749 available at http://energycommerce.house.gov/index.php?option=com_content&view=article&id=1657:energy-and-commerce-subcommittee-markup-on-hr-2749-the-food-safety-enhancement-act-of-2009&catid=137:subcommittee-on-health&Itemid=77.

Text of seven withdrawn amendments available at http://energycommerce.house.gov/index.php?option=com_content&view=article&id=1657:energy-and-commerce-subcommittee-markup-on-hr-2749-the-food-safety-enhancement-act-of-2009&catid=137:subcommittee-on-health&Itemid=77.

June 3, 2009 hearing witness statements, and link to hearing webcast, available at http://energycommerce.house.gov/index.php?option=com_content&view=article&id=1640:energy-and-commerce-subcommittee-hearing-on-food-safety-enhancement-act-of-2009&catid=132:subcommittee-on-health&Itemid=72.

BP Note on June 3, 2009 Hearing

At the June 3, 2009 hearing, the FDA Commissioner and various industry representatives testified on the discussion draft.

In her written hearing statement, FDA Commissioner Hamburg, expressed concern about draft bill's FDA inspection requirements. According to Hamburg, it would be difficult, if not impossible, for FDA to hire and train thousands of additional staff quickly enough to achieve the bill's inspection goals. As a result, Hamburg stated that FDA would support modification of the inspection provisions to take into account the operational challenges involved, such as changing the bill's inspection frequencies.

Hamburg also testified that the FDA would support flexibility to modify the inspection requirements of the bill based on the best available data on risk. She further noted that FDA would like the flexibility to explore the use of a third party accreditation system and audit the performance of accredited third parties.