Dear Mr. Admin:
 
Thank you for contacting me regarding food safety issues.  I appreciate your thoughts and concerns on this important issue.
 
Several pieces of legislation on food safety have been introduced in Congress.  The FDA Food Safety Modernization Act (S. 510) was introduced on March 3, 2009.  This measure would require the Secretary of Health and Human Services (HHS) to establish programs that work to prevent food borne illnesses and strengthen consumer manufacturer responses.  This legislation has been referred to the Senate Committee on Health, Education, Labor and Pensions.  Although I am not a member of this committee, please be assured that I will keep your concerns in mind should this legislation come before the Senate.
 
The Food Safety Enhancement Act of 2009 (H.R. 2749) was introduced in the House of Representatives on June 8, 2009, but has not been introduced in the Senate.  This legislation would amend the Federal Food, Drug, and Cosmetic Act in an effort to improve the safety of food in the global market.  I will consider the points you raise if H.R. 2749 is introduced in the Senate, and receives a vote.
 
On the broader point you raise, American consumers deserve to know that all food sold in this country is safe.  Recently, however, we have witnessed a series of incidents involving contaminated food and food products.  Incidents like these pose a risk to the public health and safety of American consumers.  We must treat these incidents as a wake-up call and provide the federal agencies responsible for securing our food supply with the guidance and resources they need to carry out their work.  
 
We have a complex structure at our ports of entry to process imports and monitor compliance with U.S. safety standards.  Customs and Border Protection (CBP), a bureau of the Department of Homeland Security, is the primary border enforcement agency and serves as the starting point for ensuring the safety of all imports.  CBP must coordinate with a host of agencies, including the FDA Center for Food Safety and Applied Nutrition (CFSAN) and Office of Regulatory Affairs (ORA), the U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) and the Consumer Product Safety Commission (CPSC) in order to make sure the products on our shelves are safe to buy.  By restricting food and drug imports from countries with poor quality standards, we can take an important step toward ensuring the security of the American food supply.
 
The U.S. needs more elaborate safeguards against tainted goods.  To that end, I sent a letter to President Bush, along with 22 of my colleagues, requesting a funding increase for the Food and Drug Administration's (FDA) Foods Program in the Fiscal Year 2009 Budget.  This would allow the FDA to hire more inspectors, pursue additional compliance and enforcement actions, and improve its data management systems.  I called on President Bush in May of 2007 to release the FDA's Import Strategic Plan to guard against agents and toxins posing a serious threat to public health, animals, plants, and animal and plant products.  I also sent a letter to the FDA in May of 2007 urging the Commissioner to exercise the rights our country enjoys under the World Trade Organization (WTO) to restrict imports of medicines, food, and food ingredients from countries that have failed to institute an adequate safety regime. 
 
Again, thank you for contacting me.  I hope the information I have provided has been helpful.  My website, http://bayh.senate.gov, can provide additional details about my work in the Senate, including legislation and state projects.  You can also sign up for occasional email updates.  I value your input and hope you will continue to keep me informed of the issues that matter to you.
 
 




Office of Senator Evan Bayh
(202) 224-5623
Russell 131
Washington, D.C. 20510