Page 76 - Spring2015

Legislative Updates

ONE FEDERAL AGENCY?
By Judith McGeary, Esq.

For almost two decades, officials have made public attention and discussion of the issue.
proposals to combine all federal food safety Combining food safety responsibilities into
regulation into a single agency. Currently, a one agency separate from FDA does have poten-
total of fifteen federal agencies have some hand tial benefits. The single biggest potential advan-
in implementing a patchwork of thirty different tage would be a reduction in the complexity of
laws addressing food safety. food regulation, creating a “one-stop shop” rather
The USDA and the FDA are the two primary than the current complex maze. Unfortunately
agencies, but figuring out even their respective that advantage may never be realized. A single
responsibilities is enough to make one’s head agency is certainly capable of creating enough
spin. The example that is often used to illustrate regulatory mazes of its own to keep farmers and
the byzantine nature of the current federal food food manufacturers confused.
regulatory system is that FDA regulates cheese
pizza, but USDA is involved in regulating pep- INDUSTRY CAPTURE
peroni pizza. FDA regulates all fish, except for Even if the new agency did provide some
catfish, which are overseen by USDA. benefits, none of the proposals address one of the
This illogical division of duties has serious most serious problems with federal food safety
real-world repercussions for food safety. As just regulation: industry capture of the agency. The
one example, USDA egg graders saw the filthy revolving door through which agency officials
Judith McGeary conditions at a factory egg farm in 2010, but come from and return to lucrative private in-
is the Austin, Texas they did nothing about it because the food safety dustry jobs would remain unchanged. Without
chapter leader, an
attorney and aspects were FDA’s responsibility—USDA of- serious reform of the role Big Business plays in
small farmer in ficials were there only to grade the eggs for size setting the agenda for the government, shifting
Austin, and the and appearance. Ultimately, more than three from multiple agencies to a single one is highly
executive director of hundred million eggs were recalled from the unlikely to result in any substantive changes.
the Farm and Ranch operation because of Salmonella, in an outbreak The current “food safety czar” at the FDA,
Freedom Alliance. that sickened nearly a thousand people across the Michael Taylor, exemplifies this problem. For the
She has a B.S. in country. last thirty years, he has gone from private law
biology from
Stanford University The “Safe Food Act of 2015,” which would practice with Monsanto as a client, to the FDA,
and a J.D. from the combine all food safety responsibilities into one to the USDA, back to private law practice, then
University of Texas agency, is the fifth such bill filed by Rep. Rosa a four-year stint as president of public policy for
at Austin. She and DeLauro (D-CT) and Sen. Dick Durbin (D-IL). Monsanto, and now back to the FDA. In his ear-
her husband Historically, the idea has had no momentum. lier stint with FDA, he co-authored the agency’s
run a small But the dynamics may be changing. President position that genetically engineered foods are
grass-based farm Obama’s budget includes a restructuring of food “substantially similar” to non-GMO foods
with sheep, cattle, safety responsibilities into a single new agency and thus no labeling is required; in his current
horses, and poultry. position, he is overseeing the new Food Safety
For more within the U.S. Department of Health and Hu-
information go to man Services (HHS). Given the makeup of this Modernization Act regulations, which show a
farmandranch- Congress, the fact that the President supports the very clear bias in favor of chemical and GMO
freedom.org or idea makes it less likely it will pass and become agriculture. Simply moving people like Taylor
call (254) 697-2661. law. On the other hand, it guarantees greater from FDA to a new agency will not change what
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