By TIM ALEXANDER
Illinois Correspondent

WASHINGTON, D.C. — The FDA Food Safety Modernization Act (S.510), which would grant the Food and Drug Administration (FDA) new authorities, tools and resources to comprehensively reform the nation’s food safety systems, recently won approval from the Senate Health, Education, Labor and Pensions (HELP) Committee and will be considered on the Senate floor in 2010.

The bill, which had drawn criticism from organic producers, the sustainable agriculture industry and livestock producers, was unanimously approved by the committee Nov. 18. A similar version of the bill had already been approved by the full House of Representatives earlier this year.

“The legislation has not been scheduled for debate, but it will occur sometime (in 2010),” Max Gleischman, a spokesman for Sen. Richard Durbin (D-Ill.), the bill’s sponsor, told Farm World. “It’s too early to say when, specifically, but we hope the Senate considers it as quickly as possible next year.”

After his bill was approved by the Senate HELP Committee, Durbin issued a statement saying that 325,000 Americans are hospitalized and 5,000 die each year due to an outdated, under-funded and overwhelmed U.S. food safety system.

“Enough is enough. My bipartisan bill will update our food safety laws, improve the FDA’s ability to prevent food-borne illness outbreaks and ensure FDA responds quickly and effectively when outbreaks do occur,” the Illinois senator stated.

While Durbin’s bill enjoys the support of industry and consumer groups along with the FDA and a bipartisan coalition of Senators, few agricultural commodity organizations have expressed support.

Organic producers, livestock groups and other growers’ organizations have denounced the bill as too intrusive and costly, citing a new government registration process, increased inspections, expanded record-keeping responsibilities and exorbitant fines for failure to keep adequate records of all food transactions as deal-killers. Some opponents of the bill – such as those in the farmers’ market industry – are concerned that while the bill makes reference to a number of new regulations for “food facilities,” it doesn’t describe what such a facility is.

New language included in the bill at the behest of Sen. Jeff Merkley (D-Ore.), however, includes provisions to protect small growers from undue regulation, according to Julie Edwards, communications director for the senator. She told news sources that Merkley was among a small group of senators who insisted the bill’s language compels the FDA to be flexible with small farmers and assist them in developing “hazard plans” as defined in the measure. “As long as their business is direct to consumer, they will benefit from that flexibility,” Edwards said.

As part of the original bill, which was introduced in March, food production facilities would have to perform a hazard analysis to address identified hazards in their operations and make that analysis available to the FDA. That requirement will no longer be valid for most restaurants and farms.

Also at Merkley’s request, the legislation will require the FDA to conduct a pilot project to determine the best method for tracing contaminated processed food and report their findings to Congress with their recommendations.

“This is an important step forward in protecting our families from food-borne illnesses while, at the same time, making sure that our small farms and processors are not unnecessarily burdened by layers of regulation,” Merkley said in a prepared statement.