By TIM ALEXANDER
Illinois Correspondent

BLOOMINGTON, Ill. — When the U.S. Senate passed Sen. Dick Durbin’s (D-Ill.) S.510, the FDA Food Safety Modernization Act, last week, the move gained the instant approval of the Illinois Soybean Assoc. (ISA) and other Illinois agricultural commodity groups.

The bill would give the U.S. Food and Drug Administration (FDA) the authority to issue mandatory food recalls and grant it authority over fruit and vegetable production, focusing attention and resources on that poses a high risk of foodborne illness. According to Mike Levin, director of issues management and analysis for the ISA, the Senate’s version of the food safety bill carries provisions designed to protect farmers and small direct-to-consumer producers, along with roadside markets.

“S.510 exempts farms and restaurants from the registration and record-keeping requirements of the FDA for all food producers,” Levin said in a prepared statement issued last week.

He was referring to new inspection powers granted to the FDA by the bill, that require food producers to register with the agency and pay fees to help recoup the costs associated with the anticipated increase in facility inspections.

“S.510 has bipartisan support and is considered a much better piece of legislation that HR 2749, which passed the House last summer,” said Levin, adding that neither the House nor the Senate’s food safety bills impact grain farms, dairies or livestock facilities.

“Small entities that produce food for their own consumption or market the majority of their food directly to consumers are not subject to registration or new record-keeping requirements under S.510. This includes food sold through farmers’ markets, bake sales, public events and organizational fundraisers.”

Entities excluded from registering under the Bioterrorism Act of 2002 will not need to register with the FDA under S.510, and the secretary of Health and Human Services can exempt small food processing companies from any of the new requirements based on the volume of their production, company size and the perceived risk.

“In coordination with the USDA, FDA will develop science-based standards for the safe production and harvesting of fruits and vegetables. Priority is given to specific fruits and vegetables with the highest risk of foodborne illness outbreaks. Education, training and technical assistance will be provided to growers and small processors,” according to Levin.

“The bill’s provisions call for substantial rulemaking through notice and comment. For that reason, it is nearly impossible to say how the bill would impact any one producer. However, farms and small businesses that are not currently regulated, as food facilities are not expected to create new records for traceback. Limitations are also included for restaurants, commingled agricultural commodities, direct-to-consumer sales and products carrying an identity preserved label,” Levin added.

He cautioned that there is no guarantee the Senate and House bills can be reconciled before the end of the year.