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US House Approves Measures Aimed at Preventing Food Poisoning

California food poisoning lawyers and consumer safety advocates who have long called for stronger food safety laws and greater oversight have reason to cheer. The House on Thursday approved the Food Safety and Enhancement Act of 2009.

The statistics in favor of a bill like this are startling. Every two hours, an American dies from an illness related to foods. Every year, at least one in three Americans suffers food poisoning.  Out of these, 325,000 are sick enough to require hospitalization. It’s these kinds of statistics that have long galvanized public safety organizations as well as food poisoning attorneys to place combined pressure on lawmakers.

This year, a number of Americans have either died or fallen sick from contracting food-borne illnesses like Salmonellosis and E. coli infections. The year began with a salmonellosis epidemic that left hundreds of people sickened, and several dead. That was followed by another salmonellosis scare, involving contaminated pistachio nuts. Since then, the Food and Drug Administration has announced a series of recalls of products, all linked to salmonella contamination. Last month, an outbreak of E. coli poisoning was traced to a contaminated batch of Nestle refrigerated and pre-packaged cookie dough. At least one food poisoning lawsuit has already resulted from that food crisis.

Now, the House has passed the Food Safety Enhancement Act of 2009, with some of the strongest provisions that we have seen in decades.  The Act was approved by 283 to 142, and encompasses a range of provisions directing the FDA to regulate food supply, conduct inspections of processing plants more often, and mandate companies to enhance their record keeping, so the agency can trace food poisoning outbreaks. The measures are expected to cost $3.5 billion, and will be financed partly by a $500 fee on food producers, to be levied annually.

Under the act, the Food and Drug Administration would conduct inspection of facilities at least once a year in case of high-risk facilities, and at least once in three years for low-risk facilities. Currently, FDA inspections are conducted once in ten years.

Food processing facilities, including importers and other food handlers, will be required to register themselves annually with the FDA. These facilities will also have to pay a yearly fee of $500 for each facility.

Most importantly, the FDA can, under the act, mandate recalls of contaminated foods on its own. The agency currently relies on manufacturers to recall their products on their own.

The FDA can also set food safety standards for production of food on farms. The agency can also require food product manufacturers to meet established safety standards.

The act also responds to concerns about tainted imported foods.  Facilities that import food into the United States will also be subject to the same standards that domestic food manufacturers are.

The Secretary of Health and Human Services will identify technologies that can be used by food producers, manufacturers and distributors to trace the origin of food products, and identify the source of an infection faster.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of food poisoning. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

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