Obama to sign food safety bill today, but funding still in doubt

The legislation passed through Congress late last year, after coming up against a number of obstacles, including being stalled in the Senate for a year, a filibuster attempt, a technical glitch and fierce debate over certain amendments. But even though the President has indicated that he will sign the bill, some have expressed concern that there is still no provision to meet its $1.4bn cost over the next four years, as estimated by Congressional Budget Office.

In a conference call with journalists on Monday, Food and Drug Administration (FDA) Commissioner Margaret Hamburg said that she was optimistic that the funding would be provided but did not say how much of the new legislation could be implemented without additional funding.

“There's a lot that we can do both quickly and meaningfully,”​ Hamburg said. “…Some of the key elements of this bill need to be adopted no matter what.”​

The $1.4bn cost includes that of hiring about 2,000 new FDA inspectors to increase the frequency of inspections for high-risk facilities to once every five years initially, and then once every three. It is estimated that US food facilities are currently inspected about once a decade on average.

Director of food and consumer safety programs at the Pew Health Group Erik Olson, who was also on the call, said: “​This is money extremely well spent to save money over the long run. We will vigorously be making that case to Congress."​

An earlier version of the bill that passed the House in July 2009 included $500 fees for food manufacturers to help pay for inspections, but that language was cut from the final version, leaving the government to meet the full cost.

Recalls, legal expenses and lost sales resulting from foodborne pathogens cost food manufacturers billions of dollars each year. In addition, foodborne illness is estimated to cost the country about $152bn a year in medical costs and lost productivity.

About one in six Americans becomes sick as a result of foodborne illness each year, according to figures from the Centers for Disease Control and Prevention (CDC), and 3,000 die.

The bill will give the FDA the authority to order product recalls (currently it must negotiate recalls with manufacturers), will require that food manufacturers have detailed food safety plans, and give the FDA better access to company records. It also contains a provision to protect employees who flag up food safety concerns.