The Ugly, Angering Reality of Obama's New Food Safety Regulations

President Obama's sweeping Food Safety Modernization Act ("FSMA") regulations are likely destined to be the No Child Left Behind Act of 2013. Both... 

• Were conceived to address draconian public problems;
• Are voluminous, with over 1,000 pages of rules and guidance;
• Require massive government oversight and enforcement efforts

And both face(d) radically inadequate funding by the federal government, to disastrous public detriment.  Underfunding which will undoubtedly weaken the "enforcement teeth" of FSMA, just as it undercut the effectiveness and precast the failure of NCLB.  

Here's brief background of the Food Safety Modernization Act, to refresh your mind:

• Introduced in Congress in March 2009, and passed by both Houses in late 2010.
• Signed into law on January 4, 2011 by President Obama.
• Actual FSMA rules, requirements, mandates were rolled out by the Obama administration on January 4, 2013, an astonishing two-year delay presumably caused by fear of pre-election political fallout over more government regulations.  (And fear of losing Big Ag political donors?)
• For more, read Obama Burying Food Safety Rules for Political Gain?

The purpose of the FSMA is to stem the shocking level of foodborne illnesses in the United States. Explained the Center for Food Safety in 2012:

"FSMA is the first major piece of federal legislation to overhaul food safety since 1938. Continuous high profile outbreaks related to various foods, ranging from spinach to peanut products to eggs, underscored the need for serious legislative and regulatory reform.

"The Centers for Disease Control and Prevention estimates that every year, as a result of foodborne diseases, 48 million people (1 in 6 Americans) get sick, 128,000 are hospitalized, and 3,000 die.

"... FSMA enables FDA to better protect public health by strengthening its ability to regulate and granting the agency enhanced preventative and mandate authority. The law also provides FDA with new enforcement capacity, such as mandatory recall authority, and the ability to require that imported foods comply with U.S. inspection and preventive safety standards."

Where FSMA Stands in 2013 - The Ugly, Angering Reality
About 1,200 pages of farm-to-table food safety regulations were rolled out by the FDA amid self-congratulatory hoopla and a plethora of admiring press.  

"'It’s a big leap forward in applying modern, preventive measures across the whole food supply. It’s important to see these rules as setting the standards for food safety,” cooed Michael R. Taylor, an FDA deputy commissioner in a Washington Post article, FDA Begins Implementing Sweeping Food-Safety Law.   

Except that it's not. Not being implementing, I mean.  

The FDA's rollout of massively elaborate FSMA regs seemed semi-misleading, and the press stupidly swallowed the public-pleasing bait. 

The ugly reality of where implementation of the Food Safety Modernization Act stands in 2013 is this: 

 Merely proposals, issued for public comment - FSMA regs rollled out by the FDA on January 4, 2013 are merely proposals, issued for public comment, and won't be in effect for several more years, at best.

Innumerable exceptions have already been granted to FSMA, exceptions that are  estimated to exempt nearly 80% of all growers and producers.  Included among the exempt are producers with annual sales of $500,000 or less, and producers growing "products that are rarely consumed raw."

Obama Eliminates Life-Saving Produce Inspection Program

I fully agree with Food Safety News that the most egregious food safety story of 2012 was the killing of the USDA's Microbiological Data Program ("MDP") that performed "80 percent of federal testing for foodborne pathogens of fresh fruit and vegetables," including:

• E. coli 0157:H7 - A bacterium that can produce a deadly toxin and causes approximately 73,000 cases of foodborne illness each year in the U.S.
• Salmonella - Most common bacterial cause of diarrhea in the United States, and the most common cause of foodborne deaths. Responsible for 1.4 million cases of foodborne illness a year. 
• Norovirus - The leading viral cause of diarrhea in the United States. Poor hygiene causes Norovirus to be easily passed from person to person and from infected individuals to food items.
• Shigella - Causes an estimated 448,000 cases of diarrhea illnesses per year. Poor hygiene causes Shigella to be easily passed from person to person and from infected individuals to food items. 

Death by Produce

"CDC estimates that each year roughly 1 in 6 Americans (or 48 million people) gets sick, 128,000 are hospitalized, and 3,000 die of foodborne diseases." (Source: Center for Disease Control website)

In 2010 the National Institutes of Health acknowledged "fresh fruits and vegetables as major vehicles of foodborne illness." 

"MDP was killed because the produce lobby wanted it killed."
"The program’s demise likely means there will be more illnesses and deaths in 2013 from foodborne pathogens associated with fresh fruits and vegetables," per Food Safety News. 

"MDP was killed because the produce lobby wanted it killed. The Obama Administration went along by not asking Congress to renew MDP’s funding of about $5 million a year, and lawmakers were content to let it expire."  (Source - Food Safety News) 

A highly effective $5 million dollar federal program killed for political expediency. A $5 million program that annually can save thousands of American lives. 

$5 million is an microscopic portion of the $3.8 trillion 2013 United States federal budget. A tiny fraction of the Defense Department's $600 billion annual budget. 

$5 million is expendable pocket-change compared to the $20 billion in annual farm subsidies (i.e. government handouts) paid by the federal government to certain certain farmers and agribusinesses.... the very growers of fruits and veggies that will no longer be inspected under MDP auspices for dangerous foodborne contaminations.

What Can You Do? 
1. Complain loudly and clearly to your elected representatives in Congress. Now. Restoring one $5 million public safety program should be an easy task. 

2. Be very, very careful about where you buy your fruits and veggies. My advice is to either buy directly from local, reputable, certified organic sources, or from the largest grocery chains that presumably have in place quality control procedures. 

Please note that organic produce is not immune from foodborne contamination. However, organic certification does denote a very high-bar for quality control of a grower's produce. 

3. Grow your own.