Produce Marketing Association now opposes Senate food safety bill

Text of the PMA statement to its members:

“PMA has long and energetically been engaged in efforts to modernize food safety laws to protect public health and enhance consumer confidence. As directed by our Board of Directors, our guiding principle is that food safety efforts, including laws and regulations, must be based on risk and science. We communicated this regularly to Congress, dating back to meetings with Sen. Dick Durbin’s (D-Ill.) staff in the last session of Congress as he was first drafting the bill that is now being considered by the Senate.

Unfortunately, we must now oppose S. 510, the Food Safety Modernization Act, because recent changes to the bill are not in keeping with our fundamental position of risk- and science-based food safety efforts. An amendment that was added to the bill by Sen. John Tester (D-Mont.) on the eve of the now-ongoing Senate debate exempts processors or farmers who meet certain criteria unrelated to risk. For example, it would exempt a food facility or farm if it has sales of $500,000 or less, or sells half of its food to retailers, restaurants, or consumers in the same state or within 275 miles. If this were enacted, federal regulation would apply based on where the food is sold and how much it earns – neither of which are risk factors.

Because it would require Food and Drug Administration (FDA) to regulate based on miles traveled or other factors irrelevant to safety, PMA must oppose the bill. I recently wrote in the Washington, D.C., publication The Hill that food safety is not a large or small producer issue. The sad irony is that the amendment that exempts these small facilities will hurt small growers and processors – in the end causing them to lose market opportunities. What retailer or restaurant will buy unregulated food when regulated products are readily available?

In addition, this amendment weakens consumer protection because many products will not be subject to the new safety rules. Consumer confidence is essential to our industry, and having national safety standards for all is critical to building that confidence.

PMA’s volunteer member leadership and staff believe everyone needs to be covered so there aren’t any holes in the food safety net. Pathogens don’t discriminate based on region, crop, farm size, market distance, or anything else. As you know PMA represents companies of all sizes, including some of you who would be exempted under the amendment’s provisions. While we oppose those exemptions, we strongly support efforts to provide technical assistance, training, extended transition timeframes for compliance, and financial support as ways to help small businesses with food safety. Substantial resources are already available to small producers – including PMA’s local grower food safety workshops, land grant university trainings and other sources – and efforts are already under way through USDA grants in several states to help smaller producers develop stronger food safety programs.

I also want to recognize the critical efforts our members have made to enhance food safety in their operations. You have not waited for legislation or regulation to improve your own food safety programs. PMA is committed to helping you with information, resources, funding for the Center for Produce Safety, food safety and traceability symposia, small grower training programs, and more.

We strongly urge the Senate to strip this provision from the bill or, failing that, to reject the bill. Should it pass, it is essential that this be dealt with in a conference with the House of Representatives, which passed a different bill more than a year ago.

Public health and consumer confidence hinge on a strong food safety system that includes federal legislation and regulation in addition to industry’s impressive efforts. We’ll continue to advocate for smart governance that provides practical, effective solutions that will help our members succeed in the marketplace and build consumer confidence and demand for our products.”