FDA has reportedly opened the first of several overseas offices in Beijing, China, where eight U.S. officials described as “inspectors and senior technical experts in foods, medicines and medical devices” will work with Chinese regulators to improve export safety. FDA plans to launch two additional branches in Shanghai and Guangzhou, as well as expand its presence in India and Latin America. The agency will also train and certify third-party inspectors to ensure the safety of products bound for the U.S. market.

FDA has lately come under fire for failing to “[keep] pace with the growing number of food firms,” according to the U.S. Government Accountability Office, which said federal regulators have “little assurance that companies comply with food-labeling laws and regulations.” Furthermore, China’s reputation has suffered both domestically and abroad as reports of melamine-tainted infant formula and agricultural products continue to surface. “We’re opening up a new era, not just new offices,” stated Health and Human Services Secretary Michael Leavitt, announcing “a permanent FDA presence in China.” See The New York Times, November 19, 2008.

In a related development, Chinese authorities have reportedly announced they will rework the entire dairy industry by October 2011. The new plan will apparently include product tracking from source to sale, imposition of production standards and closure of businesses failing to comply, and the adoption of tools at the local level to examine dairy products for safety. The initiative follows a melamine contamination scandal that is known to have killed four infants and sickened tens of thousands of children who developed kidney stones after consuming tainted milk products and baby formula. The chemical was also found in a range of products, including beverages and candy, exported
to 13 countries in Asia and Europe, as well as Australia and the United States. See Product Liability Law 360, November 20, 2008.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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