Antiquated food safety laws showcase a need for reform

Webster’s Dictionary defines the word “antique” as something “made in, or typical of, earlier times; an item which is at least 50 to 100 years old.” By that standard, our nation’s food safety laws, written at the turn of the last century, are certainly antiques. And frankly, they are starting to show their age.

We have learned more in the past 50 years about disease and infection than in the previous 500 years, yet very little of that newfound knowledge is evident in our food safety laws. These statutes also fail to reflect 100 years of changes in food production, processing, and marketing. These gaps have led to a string of high-profile food recalls and nationwide foodborne illness outbreaks. 

Nearly 76 million Americans are affected by foodborne illnesses each year, hospitalizing 325,000 and killing 5,000.

Last year, the FDA announced the voluntary recall of salmonella-tainted peanut products, which was one of the largest food recalls in the nation’s history.

That outbreak killed nine people and sickened more than 650 in 46 states.

And in 2008, more than 1,300 people nationwide became infected with an unusual strain of salmonella that was traced back to Serrano peppers from a farm in Mexico. 

The growing trend of outbreaks and our outdated laws need to change.

Two years ago, I worked with a bipartisan group of Senators in introducing legislation that will modernize and dramatically strengthen our food safety laws.  The FDA Food Safety Modernization Act S. 510 is a comprehensive plan that gives the Food and Drug Administration (FDA), the agency responsible for the safety of 80 percent of our food supply, the new tools and resources it needs to prevent foodborne illnesses and better detect and respond to outbreaks when they occur. HELP Committee Chairman Tom Harkin and Ranking Member Mike Enzi have played critical roles preparing this bill for the floor.

The bill also creates a national strategy to protect our food supply from terrorist threats and ensures food from other countries is safe.

Two of the biggest problems preventing the FDA from effectively protecting our food are lax inspections and no mandatory recall authority. Our bill fixes both.

Because the FDA lacks the resources to inspect food facilities, most only see an inspector about once a decade, if ever. Our bill would increase the frequency of inspection at all food facilities ­– including annual inspections of high-risk facilities – and expand the agency’s access to records and testing results. And on the international level, this bill requires importers to verify the safety of imported food and empowers the agency to deny entry of those goods that lack certification or adequate inspection by U.S. inspectors.

For the first time ever, our bill gives the FDA the power to recall dangerous food products if the producer fails to do so. This means making sure unsafe products don’t stay on our shelves long after companies begin their voluntary recalls.

Food safety experts note that some of these provisions would have drastically reduced the scope of recent outbreaks and improved the FDA’s response time, had they been in place.

President Barack Obama also recognizes the need to quickly address how we secure our food chain. He has created a working group to help review current food safety laws and coordinate reform across government. Our nation needs a cohesive and unified effort to deliver the necessary oversight and accountability to ensure real and lasting reform of the food safety system.

Our bipartisan legislation can serve as a starting point to bring our food safety laws into the 21st century. It is the first step towards a food safety system that is transparent, risk and science-based, accountable to consumers, and dedicated to the public health goal of preventing foodborne illnesses.

Americans spend more than $1 trillion on food each year. These outbreaks have seriously compromised the public’s faith in the ability of companies or the government to make sure their food is safe. Time is of the essence. Congress must act quickly to make real improvements so that families, businesses, and communities have confidence in what they sell and what they eat.

Durbin is the Senate Majority Whip.