The Issues
Nov. 20, 2009 Re: Senate Bill S-510
There still appears to be an alarming loophole in Senate Bill (S-510) in spite of the newly inserted “protective” language that connects it to the Organic Food Act. Specifically, irradiation and pasteurization can still be used on organic produce, fruits, nuts, and herbs as these processes can be considered “organic” methods because the processes use forms of light energy (Co, C’s or electron beams or eV) and heat and/or water. Tricky!
In the Organic Food Act Section 2113 [7 U.S.C. 6512], it is stated that if a practice is not prohibited, then it is permitted. The FDA still provides a framework for irradiation without disclosure, therefore, we want clear language inserted that protects us.
We are proposing two more powerful amendments for the floor of the Senate and the Conference Committee if this fails. These are called “The POP Amendment” and “The CODEX Amendment”. Let’s step up NOW.
The POP Amendment:
“In the case of farming, production, processing and the sale of organic (produce, fruit, nuts, herbs), no form of irradiation or pasteurization shall be required or used.”
Secondly, clear language exists in S 510 to “harmonize with CODEX” and be consistent with the World Trade Organization policies. Nothing grown, produced, and consumed within the “good old US of A” boundaries should be subject to anything CODEX requires or the WTO is concerned about. These are ONLY trade related regulatory bodies and rules. It is essential they be contained and stay this way, if at all. US laws stand alone, without being trumped by the international CODEX food rules or the WTO agendas pertaining to organics.
The CODEX Amendment:
“Organic produce, fruits, herbs, and nuts, grown and consumed within the United States, shall be exempt from CODEX harmonization. “
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Nov. 10, 2009: Senate Bill S 510 is scheduled for mark-up November 18th 2009
This is the Senate version of the Health Safety Bill that passed the House of Representatives. It is scheduled for a mark-up session before the Senate Health Committee (Health, Education, Labor and Pensions) on November 18 2009– it expected to be a one or two day session. Here is a link to the full version of the Senate Bill 510 as it appears to day before mark-up in committee.
http://www.govtrack.us/congress/billtext.xpd?bill=s111-510
Primary Concerns about S510 Health Safety (and its companion HR 2749)
These bills, especially S 510 heading for committee markup on November 18, is alarming because new standards are being put into place that do not protect the integrity of organic produce, fruits, nuts and herbs and do not protect our rights to grow, buy, sell and consume these products the way we currently can within the borders of the US. This is all done in the name and under the guise of “Food Safety”. From the Organic perspective, we would just like to see the bill killed – its not going to happen. But we can have impact in this 11th hour.
In general, the Bill looses site of the safety issue and directs its focus on the processing of produce and fruit of every farm and production facility, claiming that this is where certain microbial pathogens contaminate the end product for consumers. They are attempting a “one size fits all” approach to the solution. In fact, outbreaks of most food-borne pathogens are of animal origin – usually occurring at huge factory settings or through the contamination of water because of cattle feces leaking into water supplies. Below are a few major concerns:
• These are “enabling legislation” where the FDA is given new powers to create new standards over organic produce and fruit and with no coordination with USDA’s National Organic Program which already establishes standards for certified organic producers – this is working, don’t break it. (Although currently 30 safety related laws are administered by 15 agencies –phew –step at a time.)
• If no language exists to clearly instruct the FDA what to do or not to do, such as pay attention to organic and raw consumers, the FDA can do anything after its token hearings around the county, held at a later time. At this time, there is no interest in considering the nutritional aspects of vegetables and fruit when making new regulations.
• This Bill sets up a situation where ALL produce and fruits coming into the US will be irradiated, pasteurized, or undergo some other form of “decontamination” – goodbye winter produce from Canada or South America or Mexico.
• The Bill established the same “preventative” standards for all products grown in the US and allows room for inter-state commerce controls using the same “decontamination” methods as used for imports.
. There is a huge concern over the definition of facilities and changes where percentages of a farm’s produce or fruit is sold directly to consumers – we are leaving this one alone at this time although we would support small farmers and their positions –feel free to do so. (There is a provision of traceability in the Senate bill that only applies to produce, though, with no exceptions for farms selling directly to consumers – good luck intracing this at farmer’s markets.)
. Facilities would be charged a fee – $500 – and succumb to very strict reporting, and traceability requirements (huge bookkeeping concern for everyone along the chain).
• In general, the most farms have produced vegetables and fruits under what is called GAP – Good Agricultural Practices – these will become mandatory under the Bills.
One major concern with the House Bill – HR 2749, there is a line in the bill that instructs the FDA to “harmonize with CODEX Alimentarius”. A huge red flag. We would like this countered I the Senate Bill to say that organic produce and fruits are exempt.
S 510: 3/3/2009 Introduced- (aka) The Food Safety Bill:
FDA Food Safety Modernization Act – Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the authority of the Secretary of Health and Human Services (the Secretary) to regulate food, including by authorizing the Secretary to suspend the registration of a food facility. Requires each food facility to evaluate hazards and implement preventive controls. Directs the Secretary to assess and collect fees related to: (1) food facility reinspection; (2) food recalls; and (3) the voluntary qualified importer program. Requires the Secretary and the Secretary of Agriculture to prepare the National Agriculture and Food Defense Strategy. Requires the Secretary to: (1) identify preventive programs and practices to promote the safety and security of food; (2) promulgate regulations on sanitary food transportation practices; (3) develop a policy to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs; (4) allocate inspection resources based on the risk profile of food facilities or food; (5) recognize bodies that accredit food testing laboratories; and (6) improve the capacity of the Secretary to track and trace raw agricultural commodities. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems. Authorizes the Secretary to order an immediate cessation of distribution, or a recall, of food. Requires the Administrator of the Environmental Protection Agency (EPA) to assist state, local, and tribal governments in preparing for, assessing, decontaminating, and recovering from an agriculture or food emergency. Provides for: (1) foreign supplier verification activities; (2) a voluntary qualified importer program; and (3) the inspection of foreign facilities registered to import food.
