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The Food Safety Bill S510 has bounced around so much that people have had trouble keeping up with its current status. But the real question about the bill is not where it is now -- (in the Senate attached to an appropriations bill) but why certain groups hail it while others abhor it. (To keep track of the bill and for more information on its evolution, go here.)

On the one hand, the bill's supporters argue that the bill is a once-in-a-lifetime chance to reign in the food giants, while on the other side, people fear that their gardens and seeds will be outlawed, and their raw food suppliers raided and shut down by Homeland Security. Grist reported that a recent FDA pathogen hunting raid on cheese producers came up empty handed.

On the pro-bill side, House Democrats, and a whole host of organizations, like Consumer's Union, General Mills, Kraft Foods and others, have lined up in favor of it. To urge passage of the Tester Amendment, which holds the hope of exempting very small growers and producers, even writers, Michael Pollan and Eric Schlosser gave the bill their tepid last minute support. For more detail on that, read my earlier blog here.

Meanwhile, the bill's opponents critique its across-the-board application of costly bureaucratic reporting procedures (backed by new criminal enforcement provisions) which were designed to nudge huge agribusinesses (that cause most of the existing safety hazards) into compliance. Groups such as the Farm and Ranch Freedom Alliance argue that adhering to these procedures will wipe out the burgeoning small industry of organic and sustainable food growers -- thus removing the safe food upon which many health-conscious people rely. The Tester Amendment shelters those who gross less than $500,000 a year -- but many medium sized suppliers are omitted from that exemption.

In its underlying presumptions and philosophy, I contend that the bill mirrors the different emphases of conventional and integrative medicine. While conventional medicine's strength is offering powerful treatments after disease manifests, the integrative approach aims to build health, and thereby prevent disease before it happens by addressing the causes of disease. In the same way, organic growing practices emphasize the health of the soil, plant, and food, while agribusiness relies upon heavy pesticide use, radiation, and other harsher interventions to kill germs in food grown in assembly line fashion. While the industrial food supply is a reality, the debate over the bill stems from a fundamental disagreement about whether industrial values and methods should predominate in determining safety. Forbes' Gregory Conko is among those who question that the bill will be effective in producing safer food. He writes that,

"More frequent inspections may seem superficially appealing because current law only requires facilities to be inspected at least once every 10 years. But the new law would merely require inspections for most facilities every five years, and once every three years for identified "high-risk" facilities.

Doubling the rate of inspections of the tens of thousands of food production facilities in the U.S. would account for most of the bill's $1.4 billion four-year cost. But does anyone really believe that a single inspection every three to five years would do much to catch unsafe producers? Even if they occurred more often, the usefulness of inspections is limited by a practical inability to detect microbial pathogens (visually)."

"The bigger the supplier, the proportionately fewer the inspections, according to the way the FDA inspects now and will continue to inspect," says James Turner of Citizens for Health.

As interpretations over the dense and evolving legal language of the bill baffle easy answers, one thing is clear, much of the language is vague, leaving key decisions to the discretion of the FDA Secretary. While people can rest assured that the bill contains no current language that outlaws home gardens, certain provisions leave open how the bill could be interpreted to apply to dietary supplements, organics and other mainstays of integrative health, says Turner.

Further, the integrative health community has had past experience with how the FDA operates, as drugs like Avandia remained on the market for years despite troubling safety records. So apart from the bill's wording, a cause for concern is the latitude of interpretation by those enforcing the bill. The FDA Food Czar, Michael Taylor, comes from Monsanto and played a role in instituting rGBH, a hormone used in conventional milk.

Should the bill pass, the integrative health, raw food, and other interested communities that have failed to take action to defeat this bill, may be forced to face up to the relationship between nutritional and health advice, and activist health oriented social policy. I'm nearing completion on a book about this, and I encourage anyone interested in this type of insight to sign up for action ezines at www.healthjournalistblog.com

To take action on S510, go here:

 

Follow Alison Rose Levy on Twitter: www.twitter.com/AlisonRoseLevy

The Food Safety Bill S510 has bounced around so much that people have had trouble keeping up with its current status. But the real question about the bill is not where it is now -- (in the Senate atta...
The Food Safety Bill S510 has bounced around so much that people have had trouble keeping up with its current status. But the real question about the bill is not where it is now -- (in the Senate atta...
 
 
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10:48 PM on 12/19/2010
Great article; and it is a real concern for those who want to grow their own food. Scary if people are no longer allowed to feed themselves.

If big ag is for it; then it is bad.
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
12:52 PM on 12/15/2010
This recent Wikileak connects the dots between biotech agriculture and biofuel consumption: http://www.foe.co.uk/news_events/wikileaks_biofuels_26469.html Some may be interested to note the spread of this technology to Africa, which according to this article has been a key part of Michael Taylor's activities prior to his recent FDA appointment. http://www.organicconsumers.org/articles/article_18866.cfm
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onionboy
Blessed are the Cheese Makers
12:48 PM on 12/15/2010
Any additional oversight into the supplement business IMO, and it is BIG business, is good. Plenty of these corporations make higher profits than comparably sized pharma companies; but with much fewer requirements to prove their health claims, prove bioavailability of their product, prove their products are consistently and accurately represented by what and how much they say on the label, or demonstrate the safety of their product by at least establishing upper limits on dosing.
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
01:40 PM on 12/15/2010
Okay, so please, for starters, let us know which supplement companies are comparable in size with the five top pharmaceutical companies-- Novartis, Pfizer, Bayer, GlaxoSmithKline, and Johnson and Johnson-- and then we can do the comparison.

Many thanks!
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onionboy
Blessed are the Cheese Makers
03:14 PM on 12/15/2010
That's why I said comparable. Clearly, there are no stand-alone supplement companies as large as GSK, but give it time.

Also, many pharma companies own the companies that make supplements. Which makes sense, they have the manufacturing know-how and know there's money to be made.

Take what you like, but if supplement companies aren't interested in maximizing profits, they're the first companies in history to do so. It only gets out of hand when we don't hold them to some standard of business...same with any company.
02:37 PM on 12/15/2010
Oversight to make sure we get what's claimed on the label would actually be value added on the part of the government. Now you have to subscribe to consumer labs if you want to know. Any further regulation would be government overreach. Many may work and many may not, but I have the right to do my own research, and I have the right to be wrong. Regulating whether we can consume natural products, food extracts, or manufactured food products is a losing proposition. After all, most of what you can buy in the grocery store is manufactured food product. As far as regulating natural products, look at the resounding success of our marijuana laws.
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onionboy
Blessed are the Cheese Makers
03:09 PM on 12/15/2010
If they would simply be considered food, and advertise themselves as such, I wouldn't have a problem.
11:50 PM on 12/14/2010
The real disease is corporate capitalism, but that disease cannot be removed from the body politic because so many people worship it as a god. It cannot even be regulated though many symbolic gestures claim to do so.

If I were a Christian I would suggest this is God's way of wiping out our degenerate culture. But being non-partisan spiritually I suppose it is just our way of self-destructing while pretending to do otherwise.

Congress loves to rubber stamp our pretensions and denials and self-deceptions, so the bill will probably pass to much fanfare and life will go on until it stops.
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myth buster
02:45 PM on 12/14/2010
Ultimately, it's controversial because people don't trust the government anymore, and with good reason.
-swift
Can you put your country before your party?
01:42 PM on 12/14/2010
I think a simpler bill would be that CEOs of food companies have to eat a random sample of their product every day.
12:18 PM on 12/14/2010
Interestingly "The FDA Food Czar, Michael Taylor, comes from Monsanto and played a role in instituting rGBH, a hormone used in conventional milk." For years the FDA has maintained no significant differences in milk produced without the hormone but as here reported here http://www.grist.org/article/food-2010-10-06-court-rules-on-rbgh-free-milk the Sixth Circuit Court of Appeals recently ruled that from the Grist piece * Increased levels of the cancer-causing hormone IGF-1 [more about that in this report from the watchdog group Consumer Union]
* Lower nutritional quality when produced at certain points in the cow's lactation cycle; and
* Increased somatic cell counts (i.e. more pus in the milk)

The court's decision notes that those higher somatic cell counts "make the milk turn sour more quickly and is another indicator of poor milk quality."

While the "compositional difference" debate may seem to be semantic wrangling (although that "pus" mention sure is eye-catching!), the appeals court's determination suddenly and unexpectedly undercuts the FDA's entire rationale for allowing the sale of unlabeled rBST milk for human consumption."
11:57 AM on 12/14/2010
Fresh locally grow foods are stating to make a dent. Many prefer them and believe they hold heath benefits. They have grow to start to make a dent and the big producers simply do not like it. This is really about killing this trend off early. The result will be less nutritious dirtier food. Bad bill .
10:50 PM on 12/19/2010
Agreed!
07:33 AM on 12/14/2010
Thank you for the article. I have been kind of torn about this bill for awhile. I support it with the tester amendment though.
06:39 AM on 12/14/2010
After all, We are from the Government and we are here to help you... :)
http://indyfromaz.wordpress.com/2010/12/13/a-salt-fattery/
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stape45
Spin this!
05:19 AM on 12/14/2010
Healthy people are low-maintenance, which is good for their own wallets.
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stape45
Spin this!
05:12 AM on 12/14/2010
Because healthier people leave fewer dollars at pharmacies and medical facilities. Not everyone is in favor of that.
11:25 PM on 12/13/2010
Most of the food safety talk seems to be about protecting us from pathogens, but does the bill do anything to protect us from pesticides, microbicides, GMOs,etc? Those tend to be low level but cumulative. That worries me more than food poisoning.
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
11:56 PM on 12/13/2010
You bring up a good point. Modern medicine has focused its concern on microbes, while underestimating the harmful cumulative impacts posed by the products you mention, as well as toxic metals and chemicals, radiation and other inputs. As a result, we seek to kill and sanitize to avoid the one perceived harm while failing to study the other categories. Some microbial species are more or less virulent, some even have beneficial effects, while some toxic or endocrine disrupting synthetic chemicals can have harmful effects even at low doses. The sense that all bacteria are bad, and to be feared and avoided contradicts the reality that our bodies are made up of bacteria.
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myth buster
02:47 PM on 12/14/2010
Radiation is not an input any more than cooking is an input. They don't put Co-60 into the food- they just the food in the path of the gamma beam to cold cook the food and kill whatever microbes and parasites are in it.
09:37 PM on 12/13/2010
Good article, Alison! Thanks for bringing the thornier sides of this bill, regarding how it could impact organic farming & integrative health, to public attention!
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
11:26 PM on 12/13/2010
Thanks, Mojo!
08:38 PM on 12/13/2010
Just a few points. First of all, you're comment that the recent FDA pathogen hunt came up empty-handed is far from the truth. Testing for listeria mono at cheese facilities both large and small found positive samples at 24% of facilities. The majority were small facilities. You can read more in the NYTimes: http://www.nytimes.com/2010/11/20/business/20artisan.html?pagewanted=1&_r=1&sq=estrella&st=cse&scp=1

Secondly, while we would all like to see the facilities be inspected more frequently than the bill requires, it is important to note that what the bill requires is more frequently than what is happening now. Once every five years sounds real nice when you compare it to the once every ten years that is the norm without the bill.

Lastly, while regulations will be written by FDA post-passage, there are written provisions in the bill which explicitly protect organic standards. Even though Michael Taylor worked for Monsanto in the 1990s (prior to working for a nonprofit environmental think-tank), he does not have the final say within the FDA. That falls on Dr. Margaret Hamburg who is an experienced public health professional.
08:54 PM on 12/13/2010
It is pretty likely that you are a lobbyist or have a connection in some way..(in psy-ops PR or something) to the food industry. ...Getting paid to spin the world in greed's favor...
10:33 PM on 12/13/2010
You're wrong. I'm actually a graduate student studying food. Nice try, but what I stated was factual. You're going to need to find a better rebuke.
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Alison Rose Levy
Connect the Dots www.healthjournalist.com
11:21 PM on 12/13/2010
Let me address your two main points apart from the cheese.

Yes, visual inspection every five years--- as opposed to every ten years may "sound nice," but as a visual inspection, it's inadequate to either assess food contamination or prevent its causes. That is why applying the same inadequate system more frequently does not match up to the claims that this approach to safety will deliver it.

Second, although Dr. Hamburg is indeed the FDA commissioner, and as you mention has "the final say," she is a medical doctor, internist and public health expert, with no special expertise in food. It is Michael Taylor who serves as newly appointed Deputy Commissioner for Foods, will therefore be the one developing and advising on food policy which Dr. Hamburg will sign off on. The press release details both Taylor's appointment, and his role in the development of the HACCP inspection method critiqued here (http://www.fda.gov/Food/NewsEvents/ConstituentUpdates/ucm197828.htm)

Your comment implies that Taylor had only cursory involvement with Monsanto. But the Washington Post called him "Monsanto's chief lobbyist," and in classic revolving door style he has gone back and forth between FDA and USDA agency appointments and work for Monsanto directly and through their legal advisors, King and Spalding. In the breaks between these employments, Taylor has led initiatives to spread biotech and patented seeds to African agriculture, again serving Monsanto which owns the patents.
11:02 AM on 12/14/2010
As far as inspections, visual inspections would also be applied to records of testing that many companies do themselves or hire a third-party to conduct. Currently, businesses can claim proprietary information and hide test results from FDA. This bill would change that and make a short visit from an inspector that much more effective. Heck, they can even request records via email.

Once again, a visual inspection every 5 years is better than a visual inspection every 10 years. No way around that. They can still spot areas where cross-contamination can occur and point out measures that need to be taken to improve the facility.

As for Taylor, let's not overlook David Dorsey, the FDA's acting deputy commissioner for policy, planning and budget. How about the unnamed staffers who will be doing the grunt work?

The public also gets a say on the regulations. Public comment and FDA town hall meetings are prescribed by the bill.

Aside from the fact that Taylor doesn't operate in a bubble, connecting Monsanto to this bill is pointless. They don't stand to gain from a bill that dictates that new regulations can't contradict organic standards. If you want to consider biotechnology and crop regulation, this bill serves to practically ensure that the FDA will never be able to require that farmers have to use GM seed.
02:47 PM on 12/14/2010
Dr. Hamburg has also taken criticism particularly for her role in the FDA finding last year that mercury filings where safe. A decision that is about to be revisited. the story was here www.huffingtonpost.com/.../the-mercury-mischief-as-o_b_271520.html