The U.S. Department of Health and Human Services (HHS) has reportedly commissioned a study showing that one-quarter of food facilities contacted by federal health investigators were unaware of laws requiring them to trace their suppliers. Authored by HHS Inspector General Daniel Levinson, the report also found that despite federal regulations, most food manufacturers and distributors were unable to identify the suppliers or recipients of their products. Levinson has apparently recommended that the Food and Drug Administration (FDA) seek greater authority from Congress to require and ensure that food facilities maintain adequate records. According to The New York Times, which obtained a copy of the report expected to be released at a congressional hearing next Thursday, the department’s findings may help explain why many small food makers continue to issue peanut-related recalls more than two months after the Peanut Corp. of America was implicated in a Salmonella outbreak linked to nine deaths and 691 cases of illness. See The New York Times, March 26, 2009.

In a related development, a report published by the Trust for America’s Health (TFAH) and the Robert Wood Johnson Foundation (RWJF) has urged the Obama administration to appoint a senior food safety official within FDA as a first step toward safeguarding the U.S. food supply. “It costs us about $44 billion annually in medical care and lost productivity, so the stakes are really high,” stated an RWJF spokesperson who noted that approximately 76 million people get sick from foodborne illnesses each year. See Yahoo News, March 25, 2009.

Meanwhile, the Grocery Manufacturers Association (GMA) is reportedly leading the fight against proposals to charge annual inspection fees regarding food safety. While GMA apparently supports President Barack Obama’s new Food Safety Working Group, the association “would support sensible user fees that help to improve food safety while also providing our industry with some benefits. FDA’s food safety mission should be funded primarily by Congress through appropriate funds,” according to a GMA representative. See Foodnavigator-usa.com, March 25, 2009.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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