Lawmakers introduced 88 bills during the 2022 legislature regarding the retail sale of food, food facilities and restaurants. Bills have been passed in Illinois, Georgia, Mississippi, Ohio, Pennsylvania, Virginia and Wisconsin. The FDA`s Food Safety Modernization Act (FSMA) is transforming the nation`s food safety system from responding to foodborne illnesses to preventing them. The Congress adopted the FSMA in response to dramatic changes in the global food system and in our understanding of foodborne illness and its consequences, including recognizing that preventable foodborne illness is both a significant public health problem and a threat to the economic well-being of the food system. Foodborne outbreaks are becoming more widespread and complicated. Years ago, a foodborne illness outbreak was confined to a local community, usually caused by meat at a reception or potluck. Our food system has evolved from a local system with isolated food security incidents to a global system where food safety incidents can affect people around the world. Changes in the transportation, preparation, storage and consumption of food mean that foodborne illness outbreaks affect a wide range of people living across the country. In addition, these cases of illness occur over longer periods of time. The safety of imported food is an additional concern (more information is available in the Biosafety Reading Room). Foodborne disease outbreaks, some of which are high-profile incidents, have sparked a public outcry for stricter measures to secure food supplies.
Strengthening sectoral policies for better food security and nutrition outcomes Before the 20th century, the regulation of food security was a matter of national and local policy. As the food system industrialized and supply chains began to develop across the country, public support for federal food safety laws increased as muckrakers (like Upton Sinclair) discovered dangers in the food industry. In the 1980s, as consumers became increasingly concerned about the health effects of food and food additives, the federal government strengthened its powers to intervene in interstate and national food trade. Food Additives Amendment (1958): In response to concerns about synthetic food additives, pesticides and cancer, the Food Additives Amendment to the FDCA was enacted in 1958, requiring manufacturers of new food additives to demonstrate their safety. The amendment aims to improve the safety of ingredients in processed foods as well as drug residues in meat and poultry products. Specific rules apply to additives in processed foods. Additives generally consist of substances which are intended or reasonably expected to form part of a food or to alter a property of a food. Under the Food Additive Amendment of 1958, an additive must generally be reviewed by the FDA before a food product containing it is placed on the market. The FDA will review whether the additive is safe for consumption under the specific circumstances after reviewing the safety data of the company that plans to use the additive. In Georgia, the legislature enacted SB 396 (Law 600), which renames the State Nutrition Assistance Program (SNAP) to the Georgia Grown Farm to Food Bank (F2FB) program. This bill requires that food purchased under SNAP be grown in Georgia, that an annual report be prepared to identify and list Georgian-grown farmers who have provided food, and that individuals who provide services to SNAP or the Department of Agriculture receive food from the program if they qualify as beneficiaries.
While this overview focuses on federal food safety regulations, it is important to note that state regulators also play an important role in food safety regulation, particularly law enforcement. Government regulators, in particular, are primarily responsible for food hygiene and safe food handling by grocery retailers, food service providers and grocery retailers. Of the 348 food security bills introduced during the 2021-2022 legislatures, 69 were passed. The range of enforcement tools available to the FDA and FSIS includes warning letters, unwanted advertising, injunctions, product restrictions, seizures, lawsuits, and recalls. These sanctions are not mutually exclusive and can be mutually supportive. The FDA and FSIS rely on state and local government agencies to help them fulfill their food law enforcement duties. There is considerable overlap within the Food Enforcement Agency between the states and the FDA and FSIS. Perspectives and guidelines on food law, with a new model of food law, FAO legislative study 87 The regulatory driver of food safety standards for FSIS and FDA has been a collective group of regulations called “Good Manufacturing Practices” (GMP). GMPs are standards that were adopted as food processing and handling regulations after consultation with industry, experts, the public and other interested parties, as well as strict notice and comment periods. GMPs are preventive guidelines for plant operations and are an integral part of HCCPS plans. With the FSMA signing in 2011, the FDA solicited public input and updated GMPs to current Good Manufacturing Practices to help create binding HARPC food safety plans. GMPs provide the foundation for a sound food safety plan.
In short, the history of food safety laws is a story of how the public, consumer advocates, and government leaders have responded to cases of food adulteration that have caused either widespread death, disgust and fear, or revelations of corporate corruption.