Food safety: expanded role for USDA?

One of the provisions of the farm bill passed by the House Agriculture Committee is under Sec. 10106. The language from the House Agriculture Committee Web site reads like this:

SEC. 10106. IMPLEMENTATION OF FOOD SAFETY PROGRAMS UNDER MARKETING ORDERS.

Section 8c(6) of the Agricultural Adjustment Act (7 13 U.S.C. 608c(6)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following:‘‘(K) In the case of an order related to a specialty crop (as such term is defined in section 3(1) of the Specialty Crops Competitiveness Act of 2004 (Public Law 108-465; 118 Stat. 3883)), authorizing the implementation of quality-related food safety programs designed to enhance the safety of the specialty crop and products derived from specialty crops.’’.

TK: This language allows traditional marketing orders to delve into food safety programs "designed to enhance the safety" of specialty crops. Questions: 1) How many specialty crop marketing orders will be motivated to use this authority? 2) Could the use of this authority be considered a trade barrier by exporters from other countries? 3) Does this language open the door for a nationwide food safety marketing order for leafy greens? 4) Does the USDA have the staff and capabilities to audit for Good Agricultural Practices/Good Handling Practices?

One Washington lobbyist said the farm bill's marketing order language applies to marketing orders voted on by the growers community. Apart from that is the issue of a national food-safety oriented marketing agreement/order that would be voted on by handlers.

The USDA is apparently preparing notice of advance rulemaking for a national leafy greens marketing agreement/order. The lobbyist I visited with this morning said there is general discussion of having a national leafy greens marketing order that would allow handlers - through a referendum - consider something like what the leafy greens marketing agreement has done in California. That might require additional legislative language to authorize, however - beyond the Sec. 10106 language in the House farm bill.

The USDA AMS could use the cash flow from performing GAP/GHP inspections. For growers, determining how an expanded marketing order role for USDA in food safety inspections relates to the potential for stepped-up FDA authority and oversight at the farm level remains a pivotal question.