Senators Introduce Legislation to Bolster Food Safety, Humane Slaughter Practices; Restrict Food and Beverage Advertising to Kids
U.S. Senator Debbie Stabenow (D-Mich.) has reportedly introduced the Growing Safe Food Act (S. 2758) to “help educate and train farmers and food processors in food safety.” Similar to the FDA Food Safety Modernization Act (S. 510) now stalled in the U.S. House of Representatives, the Growing Safety Food Act would create “a national food safety training, education, extension, outreach and technical
assistance program for agricultural producers,” including small and mid-sized farms, food processors and wholesalers. The bill also requests $50 million to administer a competitive grant program, which would assist small and mid-sized businesses in “the areas of handling practices, manufacturing, produce safety standards, risk analysis, sanitation standards, safe packaging, storage, traceability, record-keeping, and food safety audits,” according to a November 10, 2009, press released issued by Stabenow, who penned the legislation after small farmers expressed concern that the Food Safety Modernization Act would impose prohibitive inspection fees and other costly requirements.
“With all the recent scares over contaminated food, this legislation will help restore consumer trust in the safety of our food supply,” stated Stabenow. “Providing training to farmers and processors on things like handling practices and safe packaging will go a long way toward restoring this confidence.” See U.S. Agricultural & Food Law and Policy Blog, November 11, 2009; Law360.com, November 12, 2009.
In a related development, U.S. Senator Dianne Feinstein (D-Calif.) has indicated in a letter to U.S. Department of Agriculture (USDA) Secretary Tom Vilsack that she intends to propose legislation establishing an Office of Humane Slaughter within USDA’s Food Safety and Inspection Service. The senator apparently announced the impending bill after the Humane Society of the United States released videotape
of allegedly inhumane treatment of veal calves at a Vermont-based meat packing company. According to Feinstein, the new bill would also (i) “Close the loophole that allows for the slaughter of downed calves, and direct the Department to develop standards for the treatment and transport of calves to be sold as bob veal”; and (ii) “Authorize new funding to hire additional full-time humane slaughter inspectors.”
Meanwhile, U.S. Representatives James Moran (D-Va.) and Bill Pascrell (D-N.J.) have authored the Healthy Kids Act (H.R. 4053), which aims to establish an Office of Childhood Overweight and Obesity Prevention and Treatment within the Department of Health and Human Services’ (HSS) Office of Public Health and Science. Intending to address the “public health crisis” of childhood obesity, the act would also empower HHS, the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) to further restrict the advertising of foods and beverages “of low nutritional value” to children. The legislation would require FTC to promulgate rules “specifying categories of foods and beverages for or about which any advertisement, promotion, or marketing directed at children and youth shall be an abusive, unfair, or deceptive act or practice in or affecting commerce.” In addition, the Healthy Kids Act would call on HHS to devise advertising guidelines that take into account “the emotional vulnerability of children and adolescents and their cognitive ability to distinguish between commercial and non-commercial content… and society’s interest in protecting the health and well-being of its children and the long-term health of its population.”
“We didn’t know this was coming,” one lobbyist for the Association of National Advertisers told The Wall Street Journal. “I see a lot of First Amendment challenges in the bill’s future.” See The Wall Street Journal, November 13, 2009.
