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May 27

Written by: Marc Ullman
5/27/2009 4:48 PM 

The working draft (116 pages) includes user fees of $1,000 per facility (no sliding scale for size), mandatory registration for food facilities; mandatory recall authority (if order is objected to, "informal" hearing); authority for stop shipment orders where there is a reason to believe food is adulterated or misbranded (no requirement that there be a health hazard); fees to cover FDA recall related costs; and user fees where reinspection.

While parties that are ordered to undertake recalls do have the right to an "informal" hearing, the working draft does not provide any mechanism for recourse where the Order is wrongfully issued.

The Committee press release, bill summary and working draft can be found here: 

http://energycommerce.house.gov/index.php?option=com_content&view=article&id=1631:waxman-dingell-and-pallone-release-food-safety-enhancement-act-of-2009-draft&catid=122:media-advisories&Itemid=55

There is a lot going on here.  Industry members would do well to review this document and give input to their trade associations.

 

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