Several months ago in this column I mentioned that President Joe Biden had put forth the name of Dr. Robert Califf to be the next Food and Drug Administration (FDA) commissioner. I wrote that with Califf’s strong credentials, it should be clear sailing for the appointment to move through the U.S. Senate. Wrong! The Biden administration had more of a fight on its hands than anticipated during recent Senate confirmation hearings after members of the president’s own party started to balk at Califf’s strong pharmaceutical industry connections. Then Republicans raised questions about Califf’s stand on abortion issues. But perseverance paid off as just weeks ago the U.S. Senate finally voted to return Califf to the role of FDA commissioner. For policy wonks, Califf had served as FDA top gun at the end of the Obama administration and was then succeeded as commissioner by Dr. Scott Gottlieb who is now a regular on the Sunday talk show circuit. The new commissioner, by the way, received his MD at Duke University Medical School and served as a professor of cardiology. So, how will the new commissioner’s agenda shape up? Read on.
FDA’s Critical Tasks
Our food industry is overseen primarily by the U.S. Department of Agriculture (USDA) and the FDA. There are and have always been lots of overlapping of laws, rules and regulations and many turf wars often have taken place between the two agencies. So, like it or not, we must often walk a thin line to stay on solid ground with those regulators who control our destiny because, again, both agencies’ work impacts food retailers, manufacturers, and distributors one way or another.
While Dr. Califf will surely continue to face challenges brought about by the COVID-19 pandemic and the opioid epidemic, there are other issues he will need to address such as keeping problematic chemicals out of the food channels. Consumers continue to be extremely concerned about this issue. Then there are the various trade associations that will want the new commissioner’s attention. Think, for example, of the trade groups that are active in the dietary supplement field. On their plate will be efforts to increase funding to the Office of Dietary Supplement Programs at FDA, recognizing that this office must keep pace with the growing dietary supplement industry. It goes without saying that Food Marketing Institute (FMI) and National Grocers Association (NGA), two mega food industry associations, will want time with the new commissioner, too.
Moving Forward In 2022
Last month I highlighted USDA’s plans for 2022. Here is a brief update on FDA’s goals for the new year and additional tasks that the new commissioner will have to focus on:
The FDA will continue to work toward finalizing the proposed Food Traceability Rule to enhance the many steps of tracing food to its source. Then there will be continued activities on food safety and nutrition issues including more efforts to reduce sodium intake and protect youngsters from toxic elements in the foods they consume. Also, FDA has already said it will hold public meetings on the proposed revised agricultural water standards. And Food Safety News reported recently that FDA will be exploring the best uses of artificial intelligence and considering the most effective ways to unleash the power of data, which is so critical to advancing food safety. That’s a lot on one’s plate. But wait, there is more to come!
FDA Scales Back Inspections
Food Safety News has also reported that the FDA has extended the previously announced temporary changes to its inspectional activities to ensure the safety of its employees and those of the firms it regulates. Their report said that FDA will also continue to scale back inspections for foreign food through March. But don’t get complacent, as the agency will continue, however, to conduct both foreign and domestic mission-critical food safety inspections, as well as provide oversight of foods, drugs, medical products, and tobacco products which is their calling. The FDA’s goal is to return to a regular rate of foreign and domestic surveillance inspections come April. Keep in mind that state food local safety inspections under FDA contracts and related cooperative agreements still have the discretion to make inspection decisions based on their local information. If you get a break, it is only temporary.
Farm Bill Update
At the recent National Association of State Departments of Agriculture (NASDA) winter conference, discussions were held to draft a formal wish list of items to be focused on in the next farm bill. At the conclusion of its conference talks, the organization ended up with 10 policy areas that NASDA specifically wants addressed. In alphabetical order, NASDA outlined the following critical policy issues for the 2023 farm bill: agriculture research, animal disease, conservation and climate resiliency, cyber security, food safety, hemp, invasive species, local food systems, specialty crop block grants, and trade promotion issues.
In addition, the association said that the 2023 bill should include additional funding for the Food Safety Modernization Act (FSMA) and FSMA’s produce safety rule, animal food preventive controls rule, food safety outreach program, and the produce safety alliance.
The 2018 farm bill, which was written for a five-year period, expires at the end of 2023. The House of Representatives’ agriculture conservation subcommittee met early last month and started to lay the groundwork for what will be in the next bill. The meeting functioned as a review of current farm bill programs and what needs to be changed as the reauthorization process begins. We will continue to monitor the all-important-to-our food industry farm bill throughout the multitude of subcommittee and committee hearings that will take place in the coming year.
Update On Product Of USA Label
USDA’s Food Safety and Inspection Service (FSIS) has announced that the agency is planning to evaluate consumer awareness and comprehension of the exact meaning of “Product of USA” label claims specifically on beef and pork products using a new web-based survey. FSIS also intends to collect information on consumer understanding of other USDA labeling such as the “USDA Choice” label and the USDA’s “Mark of Inspection,” according to an item that crossed my desk from the publication Meatingplace.
FSIS is inviting public comments on its plans to conduct the “Product of USA” survey and study. Comments are due by April 4, 2022. More information is available at the Federal Register website at www.Federalregister.gov.
USDA Invests $1.4 Billion To Support Local Businesses
USDA Secretary Tom Vilsack has announced this his department is investing $1.4 billion to help specifically rural America keep resources and wealth in communities through job training, business expansion and technical assistance initiatives. The programs these investments will be made through are projected to help create or save more than 50,000 jobs through investments made in U.S. business communities. The goal is to help companies hire more workers and reach new customers as well as open more doors to new economic opportunities for those who historically have lacked access to critical resources and financing. USDA awards and grants are being made in Food World and Food Trade News coverage states along the Eastern Seaboard. For more information, visit www.rd.usda.gov.
If you have been seriously impacted by the pandemic, you may also want to contact your state’s economic development department. The federal government has made funds available to states for disbursement to businesses. Just last month Maryland Governor Larry Hogan announced the launch of a new $50 million economic development initiative with the goal of spurring economic development, stimulating private-sector investments and creating new jobs. Both the federal and state programs are worth checking out as no one likes to leave money on the table, yet you would be surprised to learn how often it does happen long after federal and state authorities announce new grant programs.
Barry Scher is associated with the public policy firm of Policy Solutions LLC and may be reached at [email protected].