Tuesday, April 26, 2011

Vol. 1, No. 8: Will the FDA Food Safety Modernization Act Level the Playing Field Between Domestic and Imported Foods?

Will the FDA Food Safety Modernization Act Level the Playing Field Between Domestic and Imported Foods?

Robert A. Hahn, Olsson Frank Weeda Terman Bode Matz PC

Hahn provides a detailed account of the new import regulations created by the Food Safety Modernization Act (FSMA). “The FSMA goes a long way towards leveling the regulatory playing field between domestic and imported foods, but perhaps inevitably establishes different enforcement mechanisms for domestic and imported products.” Concerned about the burdens that FSMA places on FDA and U.S. importers, Hahn suggests spreading the new responsibilities among third party auditors and foreign government agencies as well as U.S. authorities.

The author specifically recommends that FDA should:
·         Leverage inspections by foreign government agencies and audits by accredited third party auditors to extend FDA’s reach overseas.
·         Use the new enforcement tools at FDA’s disposal to exclude problem importers and foreign processors from access to the U.S. market.
·         Avoid placing unrealistic burdens on U.S. importers, such as requiring them to verify upstream suppliers beyond their immediate foreign suppliers.

This article is available for download at http://fdli.org/pubs/policyforum/ now. All issues of FDLI's Food and Drug Policy Forum are free to FDLI members and can be purchased by non-members.

If you have any difficulty posting your comment, please contact Sarah Sansolo at sks@fdli.org.

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