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February 18th, 2009

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U.S. Plans Tougher Inspection Of Imports

 

 

By Renae Merle and Annys Shin


Following recent recalls of Chinese-made tires, toothpaste and toys, the Bush administration yesterday announced a plan to improve the safety of what Americans buy and eat by intervening before imports reach the United States.

The plan is something of a departure for the administration, which has generally opposed increasing regulation. Its import-safety proposal aims to keep hazardous food and products from entering the country through targeted inspections of high-risk products or producers, and increased cooperation with foreign governments and among U.S. agencies.

Although the plan includes some proposals being considered by Congress, such as making it illegal to sell recalled products, it fell short of advocating many of the changes Democratic lawmakers have called for, including consolidating the disjointed system for food safety into a single agency.

Prospects for the administration plan are unclear. Some proposals would require action by the Democratic Congress. And the cost of the plan will not be determined until the administration releases its fiscal 2009 budget next year.

Under the White House plan, the Food and Drug Administration would be given the power to mandate recalls of food. The Consumer Product Safety Commission would be able to levy higher fines, up to $10 million instead of $1.8 million, and it would be illegal to sell recalled products. FDA and CPSC officials would be posted overseas to work with exporters on standards and help train foreign inspectors.

"We need to do more to ensure that American families have confidence in what they find on our store shelves," President Bush said. "They have the right to expect the food they eat, the medicines they take or the toys they buy for their children to be safe."

Also yesterday, the FDA released its safety plan for the domestic food supply. The agency began work on the plan after last year's spinach-borne E. coli outbreak. Under its plan, the FDA would be able to rely on inspection reports from qualified outside inspectors, and it would be able to levy inspection fines on processors that did not follow "good manufacturing practices," said Robert E. Brackett, a top FDA food-safety official.

"We have to do things differently," he said.

The White House plan was prepared by the Interagency Working Group on Import Safety that was established in July, after recalls of Chinese-made products.

In September, the panel acknowledged that the U.S. import-safety system has not kept pace with the increase in imports, which have doubled in value since fiscal 2000 to an estimated $2.2 trillion this year. The value of goods from China, which is the largest exporter to the United States after Canada, is expected to reach $341 billion this year, up almost 25 percent from last year.

Despite the increase, the FDA inspects less than 1 percent of goods under its jurisdiction, while the CPSC has fewer than 100 inspectors and investigators nationwide. The FDA oversees the import of seafood, fruits and vegetables, and the CPSC oversees consumer products.

Cal Dooley, president and chief executive of the Grocery Manufacturers Association, the trade group for the largest food and beverage producers, praised the White House plan for incorporating industry proposals "designed to strengthen America's food-safety net through a stronger private-public partnership."

Some members of Congress and consumer groups were skeptical about the administration proposals.

"Their proposals were so vague it would be hard to put a price tag on them," said Rep. Diana DeGette (D-Colo.). "As an actual road map, it is pretty rudimentary."

More money will be required, though some resources can be reallocated, said Health and Human Services Secretary Mike Leavitt, who was chairman of the import-safety panel. "Now that doesn't mean inspection isn't a very important part of the process," he said. "We have to screen everything and inspect the things that have the most risk."

Consumer advocates criticized the emphasis on risk-based testing over random testing and the reliance on a largely voluntary certification process to weed out suspect importers.

"My big question is, how do you determine risk? How do you decide this one product is riskier than the other?" said Chris Waldrop, director of Food Policy Institute of the Consumer Federation of America.

The White House plan overlaps with two product-safety bills pending in Congress. The House Energy and Commerce Committee yesterday held a hearing on a House bill that would also increase the maximum fine for companies that fail to report safety problems to $10 million.

But lawmakers are looking to make more changes to the nation's product-safety system. The House bill, and a Senate measure sponsored by Sen. Mark Pryor (D-Ark.), would require independent testing and certification of children's products, ban children's products with trace amounts of lead, and make it easier for the Consumer Product Safety Commission to disclose information about product hazards. Both bills would significantly increase funding for the CPSC, including $20 million to update its antiquated testing facility in Gaithersburg.

Edmund Mierzwinski, consumer program director for U.S. PIRG, said the White House's preference for voluntary certification may conflict with Congress's efforts.

"The administration's squishy language on certification suggests it will not back and may even oppose a clear requirement that all imported children's products be certified as meeting truly independent and mandatory third-party safety testing based on law," Mierzwinski said.