Senate Finally Passes Food Safety Bill

Almost a year and a half after the House of Representatives approved a sweeping food safety measure, the U.S. Senate has given its approval.

The measure now goes to a conference committee, where the different versions will be reconciled.

Despite the delays, the final vote in the Senate wasn't even close. With bi-partisan support, the Food Safety and Modernization Act passed 73-25. The measure would give greater authority to the Food and Drug Administration (FDA), which under current law doesn't even have the power to order a recall of contaminated food.

The measure would also give FDA more resources to inspect and regulate the food supply, so that unsafe foods can be weeded out before they make it to the market place.

"Today's vote will finally give the FDA the tools it needs to help ensure that the food on dinner tables and store shelves is safe," said Sen. Richard Durbin (D-IL), one of the original sponsors of the bill. "This bill will have a dramatic impact on the way the FDA operates - providing it with more resources for inspection, mandatory recall authority, and the technology to trace an outbreak back to its source. I am proud of the work we have done, but our vigilance must continue."

Recalls in the news

Unsafe food products and their high-profile recalls have been a major impetus behind the legislation. Recalls of salmonella-tainted peanut butter, eggs and spinach prompted lawmakers of both parties to reach agreement.

A number of consumer and food safety groups applauded the long-awaited vote, though many prefer the provisions contained in the House version.

"Repeated disease outbreaks from contaminated foods, including eggs, lettuce, spinach, cookie dough, peanut products and so many other foods illustrate how serious foodborne disease problems continue to harm consumers and the food industry's bottom line, said Erik Olson, director of the Pew Health Group food programs. "This legislation will guarantee stronger rules regarding the safety of imported foods, strengthen safety standards for food facilities and provide the FDA with the power to issue a mandatory recall of contaminated food, among other authorities. This is crucial because the FDA is responsible for the safety of 80 percent of the nation's food supply.

Both the House and Senate versions grant the FDA new powers to recall tainted food, increase inspections,  hold food companies more accountable, and oversee farm operations. But in a minor disappointment to consumer groups, neither version consolidates overlapping food safety functions of the Department of Agriculture and other federal agencies.

BPA ban dropped

The bill also does not contain a ban on the controversial substance bisphenol A (BPA), a chemical used in plastic food and beverage containers. Part of the delay in the Senate vote was due to Sen. Diane Feinstein's (D-CA) amendment to ban BPA in baby bottles and sippy cups. Amid stiff opposition from the chemical industry, the amendment was dropped, clearing the way for passage.

About the only thing left that could derail the bill from becoming law is if the clock runs out on the current lame duck Congress. A conference committee must reconcile the House and Senate versions of the bill. To speed the process, House Democrats Tuesday raised the possibility of the House voting on the Senate version of the measure, to ensure the legislation makes it to President Obama's desk in time.