LEGISLATIVE LINE

Barry Scher is a government and retail consultant with Policy Solutions LLC. He is a 42-year veteran of Giant/Landover, where he held several key positions, including Vice President of Corporate Public Affairs. He can be reached at [email protected].

At press time, there are about four weeks to go before the midterm elections and we at Policy Solutions still think it will be a nail biter as there are several very tight races anticipated in numerous states. Close races are all but guaranteed in Arizona, Georgia, North Carolina, Ohio, Pennsylvania, and Wisconsin. And, if on election day the weather turns out to be cold and rainy, this could tilt the outcome. We have seen it happen before.

Late last month, the House of Representatives and the Senate returned to work on the Hill with a full plate of legislative activity after a brief summer hiatus. On every politician’s plate are hot topic issues, aside from the upcoming midterm elections, which include same sex marriage, spending bills, election reform, the January 6 committee hearings, abortion, funding for Ukraine, COVID and rising food prices. These issues, in many cases, will determine how the voters cast their ballots. It is interesting though how things can turn on a dime. Just prior to the start of the summer, Republicans thought they had locked up victories in the House and even the Senate to secure a majority in the next Congress. Then the Supreme Court overturned Roe v. Wade and gasoline prices started to fall, and the scale tilted! Suddenly, the Democrats were on the offensive. Now with food prices rising, the Republicans have another issue to throw back at the voters. But from my standpoint, the abortion issue may be the real divide to give a boost to the Democrats as this issue continues to be identified daily as aimed at the single-issue voters. I’ve learned that when it comes to politics, you can be up one day and down the next.

The only critically important message I can convey amidst all this political wrangling is to urge everyone to vote. Midterm elections do not often produce the political “juice” seen every four years, so no matter what side of the aisle you are on, please go vote next month! Again, only about a month to go folks. However, a month in politics can seem like a lifetime!

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Changes On The Way At FDA                                                          

 Several months ago, I commented on the heat the Food and Drug Administration (FDA) was taking from government VIP insiders as well as non-government organizations (NGOs). Everyone was clamoring for FDA to get its house in order including refocusing more so on food safety issues while continuing their oversight of the drug industry! The agency had, at the time, commissioned an in-depth study and review of itself by outsiders which was welcomed by the finger-pointers. The final review and study are not done yet, but a major report of the agency’s actions or lack of them pertaining to the bungled handling of the recall of powdered infant formula presented a grim overview of how antiquated and dysfunctional the FDA food safety policies are and what needs to be done to improve the agency.

According to Food Safety News, FDA’s baby formula evaluation offers a comprehensive look at just how much work FDA and Congress have before them in order to steer the agency’s troubled food programs back on course. The report contains 15 wide-ranging recommendations to improve the agency focusing on making improvements for updating outdated technology to recruiting and training qualified staff. This report, which will eventually be linked to the overall broad report on the agency, will end up before Congressional committees that will hopefully clearly determine where additional resources will be needed to improve on FDA’s mandate. We know Congress will take the FDA needs assessment very seriously, including possibly passing a pending bill reauthorizing user fees to the agency, which, Food Safety News reported, could provide FDA with additional tools to identify and address potential problems areas such as the recent baby formula shortages that plagued the country. The in-depth, final report is expected before the end of the year. One thing is for sure. You can expect some serious operational changes within FDA.

Regional Food Business Centers Created

 Department of Agriculture Secretary Tom Vilsack has announced the availability of approximately $400 million to provide essential local and regional food systems coordination, technical assistance, and capacity building services through USDA’s new Regional Food Business Centers. Those centers will help farmers and other food businesses access new markets and navigate federal, state, and local resources, thereby closing the gaps or barriers to success. For more information, go to [email protected].

Safer Chicken Products

Efforts are under way by some powerful NGOs to urge USDA to find new ways to increase food safety efforts regarding Salmonella in poultry products. Several well-known NGO groups, such as Consumer Reports and STOP Foodborne Illness, have written to Vilsack urging stricter controls in the poultry processing industry from farm to retail. The groups are saying that current regulations are antiquated. They want to see USDA develop new and enforceable standards that are product- based to help protect consumers from dangerous Salmonella-contaminated poultry. Salmonella illness rates in the U.S. have not decreased in the last 20 years, the advocates for change say, and nearly a quarter of foodborne Salmonella illnesses are due to eating chicken or turkey.

The National Chicken Council (NCC) and its member firms spoke out against the letter’s necessity. NCC said they are “concerned about the precedent set by this abrupt shift in longstanding policy, made without supporting data, for a product category that has been associated with only a single outbreak since 2015 and has the potential to shutter processing plants, cost jobs, and take safe food and convenient products off shelves.” Stay tuned for more information.

New Food Traceability Rule

 The strict new FDA food traceability rule that I have previously mentioned in my commentary is set to become official on November 7, 2022. The new rule covers the following foods, including certain “high-risk foods” implicated in food-borne illnesses: cheeses other than hard cheese, crustaceans, fin fish, fresh herbs, fresh-cut fruits and vegetables, leafy greens, melons, mollusks, nut butters, peppers, ready-to-eat deli salads, shell eggs, sprouts, tomatoes and tropical tree fruits.

To make these foods safer, the rule requires a detailed account of food origins and movements throughout production, processing and shipping, even as these foods are transformed into other food products, or as other foods are added to them. FDA wants to know, if necessary, where did a food item come from and how did it get to the dining table? Your food safety folks are hopefully on top of this new rule.

Debate On New Food Labels

The Wall Street Journal published a major story last month about a brewing battle over food labels. I have commented on this issue previously. However, it now appears as if nutrition advocates and food-industry organizations are gearing up for battle over the issue of having more descriptive information on every food can, jar, package or bottle. The issue is also sure to be mentioned in the formal report to be issued from last month’s White House Conference on Hunger, Nutrition, and Health. What is at stake?

FDA already requires detailed nutrition and health information on food packages’ nutritional labels. However, advocates for change and more disclosure want to see additional detailed information on the fronts of containers. Some other countries already provide more informative information on product containers and FDA is monitoring consumer reaction across the pond. So, while this is not a new idea, we anticipate that changes are coming in the U.S. to product labels. Congressional Democrats have introduced legislation that would mandate new front-of-package labeling for food products that already have a nutritional label, but Republicans remain skeptical of the need. Again, stay tuned until the White House Conference report is published. There is more to come.

Stranger Than Fiction

 I periodically end my commentary with weird “stuff.” Well, the following may top the cake: Beyond Meat’s chief operating officer, Doug Ramsey, was arrested in Arkansas last month after allegedly biting a man’s nose and threatening to kill him. The altercation apparently stemmed from a road rage incident at a college football game. The firm’s stock is at an all-time low and employees are being laid off. Guess COO Doug was having a bad day. I cannot make this stuff up!

 

Barry Scher is associated with the public policy firm of Policy Solutions LLC and can be reached at [email protected]