By TIM ALEXANDER
Illinois Correspondent

WASHINGTON, D.C. — Shortly after U.S. Sen. Dick Durbin (D-Ill.) and other lawmakers introduced their FDA (Food and Drug Administration) Food Safety Modernization Act (S.510) in 2009, organic producers, roadside farm market vendors and small farmers denounced some aspects of the bill as too intrusive and costly.

The groups cited a new government registration process, increased inspections, expanded record-keeping requirements and exorbitant penalties for failing to maintain adequate records as unfair to their industries. Many in the farm market business worried the bill’s vague reference to new regulations for “food facilities” would subject small operations such as roadside markets or community supported agriculture (CSA) to increased government scrutiny and higher operating costs.

On Aug. 12, the Senate Health, Education, Labor and Pensions (HELP) Committee issued a 225-page “manager’s package” negotiated by six Senate leaders, which revises segments of the Act to address those concerns. The package, according to Durbin aid Max Gleischman, is “an addition agreed on by the managers of the bill and the committee of jurisdiction, which in this case is the Senate HELP Committee.

“(The bill’s principals) agreed to a series of changes that would be offered as part of the bill when it comes to the Senate floor, which address concerns voiced by small farmers.”

The manager’s package – which may be viewed in its entirety at http://help.senate.gov/imo/media/doc/WHI10337.pdf  appears to offer the FDA more flexibility in deciding whether to enforce some aspects of the Act’s requirements.

Following the announcement of the manager’s package, the HELP Committee and the bill’s sponsors issued the following joint statement: “Any 100-year-old-plus structure – like our nation’s food safety system – needs improvements. With this announcement today, we aim to not just patch and mend our fragmented food safety system, we hope to reinforce the infrastructure, close the gaps and create a systematic, risk-based and balanced approach to food safety in the United States.”

The Act seeks to increase the frequency of inspections at all food facilities and requires annual inspections of high-risk facilities, according to information posted on Durbin’s website.

It also requires the food industry to develop plans that identify hazards and implement the right preventive measures, as well as enabling the FDA to more effectively respond to an outbreak by giving the agency new authority over recalls, shutdowns and access to records.

The HELP Committee hopes to introduce its revised Act for debate on the Senate floor later this month.