By Mark Huffman
ConsumerAffairs.com
May 4, 2010
The Food Safety Modernization Act, which is headed for a Senate vote this week, enjoys bipartisan support, in part because of the recent rash of foodborne illness events over the last few years.
But a recent amendment to the bill, outlawing the chemical BPA in plastic food containers, has drawn opposition from the food industry, which has generally been supportive of the bill.
The amendment was offered by Sen. Diane Feinstein (D-CA), a long-time BPA foe. Feinstein says the National Toxicology Program in the Department of Health and Human Services has citied "some concern" that BPA may affect neural development in fetuses, infants and children at current human exposures. She says dozens of additional peer-reviewed scientific papers have also found evidence of adverse health effects such as increases in breast and prostate cancer risk, heart disease, liver abnormalities and diabetes.
The Food and Drug Administration's official stand, at least for the moment, is the amount of BPA found in food and beverage containers does not pose a threat to human health.
BPA is used in a wide variety of consumer products, including food containers, water bottles and baby bottles, although many retailers, including Wal-Mart, have dropped children's products containing the chemical.
Amends Federal Food, Drug and Cosmetic Act
The Act, which gained traction following several high profile Salmonella and E. coli outbreaks over the last three years, amends the Federal Food, Drug, and Cosmetic Act to expand the authority of the Secretary of Health and Human Services to regulate food, including by authorizing the Secretary to suspend the registration of a food facility.
It would also require each food facility to evaluate hazards and implement preventive controls on a regular basis. Food manufacturers would be assessed new fees to pay for recalls and facility re-inspections.
The House of Representatives passed its version of the bill last July, gaining bipartisan support in a 283-142 vote. Under the terms of the legislation, the FDA's proposed powers include creating a registry of food producers and importers that would be updated regularly, the ability to quarantine potentially unsafe food products from entering particular geographic areas, and levying a fee of $500 on food facilities to fund the new oversight and investigation procedures.
