Toll Free: 1-877-998-7299 / International: 001+561-575-7600

Track Your Shipment

FSMA delay spawns lawsuit, criticism for both political parties in an election year

Despite months of harsh industry criticism, and even a lawsuit directed at the Food and Drug Administration and the Office of Management and Budget, both sides of the aisle are ignoring the elephant in the room….food safety.

Approved in January, the Food Safety Modernization Act has been gestating in the womb of the OMB’s Office of Regulatory Affairs for the past nine months. Unfortunately, the delay has borne nothing but problems for the left. Now, in the midst of an election year, the Obama administration finds itself on the receiving end of a lawsuit.

The Center for Food Safety and the Center for Environmental Health filed suit for a delay of FSMA implementation. If successful, the FDA would be required to meet court ordered deadlines for implementation, preventing further review by the OMB.

Previously shunned by the Republican Party during their 2012 national convention last week, this week, the Democrats followed suit, completely omitting any overt reference to the topic in their 56 page platform, entitled “Moving America Forward.” N

owhere, amidst the accomplishments the document attributes to the Commander in Chief, is there any mention of the FSMA regulations, leading some to speculate that the act will never be implemented.In fact, aside from the occasional tangential, and wholly unrelated references to “food-security,” the only section of the document dedicated to a more in depth discussion of the matter, ignores the actual domestic food safety issue, in favor of America’s responsibility the world at large: “Ensuring Food Security. The President and the Democratic Party believe that true development requires much more than delivering aid—it requires building the capacity of governments and peoples so that assistance is no longer needed. That is why the administration through its Feed the Future initiative has, with the G-8 and other countries, mobilized more than $22 billion for a global food security effort aimed at building the capacity of nations to feed themselves. This year, the President launched the next phase of this global effort—a major new food security partnership to reduce hunger and lift tens of millions of people from poverty across Africa. These efforts partner with African countries to improve nutrition for children, mitigate risks from volatile food prices, increase private capital investments, expand access to technologies and information required to boost food production, and provide greater assistance to countries that implement agricultural reforms.”

Most damning however, is the evidence, (somewhat inadvertently presented within the confines of the document), explaining the continued delay of implementation of the FSMA: “President Obama proposed a simpler, smarter, and more cost-effective approach to regulation, rather than one riddled with special rules written by lobbyists. Efficient and effective regulations enforce common sense safeguards to protect the American people. That’s what we’ve done in this country for more than a century. It’s why our food is safe to eat, our water is safe to drink, and our air is safe to breathe. It’s why we put in place consumer protections against hidden fees and penalties by credit card companies and new rules to prevent another financial crisis. That’s why the administration launched the Internet Privacy Bill of Rights and encouraged innovative solutions such as a Do Not Track option for consumers. But there’s no question that some regulations are outdated, unnecessary, or too costly. That’s why President Obama asked all federal agencies to review and streamline outdated regulations, an effort that will save at least $10 billion over five years, and will eliminate tens of millions of hours in annual paperwork burdens. That’s why he has approved fewer regulations in the first three years of his presidency than his Republican predecessor did in his. At the same time, those regulations have more than 25 times the net benefits of the previous administration’s regulations.”

Originally, the platform stated the President’s desire to reorganize financial agencies within the federal government. According to the OMB, food safety agencies are up next.