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Nov. 14, 2013 by Michael Patoka

Benefits of food safety rules much greater than even the FDA suggests

CPR Member Scholars Rena Steinzor Lisa Heinzerling, Tom McGarity, Sidney Shapiro, and I submitted comments to the FDA on two food safety rules—one on raw produce, and one on preventive controls for human food (which applies to food manufacturers and processors).

In separate blogs posted today, we address issues of regulatory design and how the costs of both these rules would be significantly smaller than suggested in the FDA’s economic analyses. Here, we explain why these rules offer much greater benefits than those presented in the agency’s analyses. (The analyses for both rules essentially rely on the same benefits methodology.) 

The FDA estimates that the produce rule would prevent about 1.75 million foodborne illnesses, representing an annual benefit to society of $1.04 billion. For the preventive controls rule, the FDA calculates the annual burden of illnesses attributed to processed foods—nearly one million illnesses, which cost society about $2 billion—without estimating how effective the rule would be in reducing them (presumably because it is difficult to predict how each facility would design and implement its own unique food safety plan).

As we explain in our comments, the Food Safety Modernization Act (FSMA) does not …

Oct. 25, 2013 by Michael Patoka
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Last Friday, the FDA posted the revisions the White House Office of Information and Regulatory Affairs (OIRA) made to two food safety rules drafted by the agency two years ago. The proposed rules were issued under the Food Safety and Modernization Act, which Congress passed in the wake of widespread food safety disasters.

As we’ve mentioned in this space before, OIRA is the regulatory review body within the White House that frequently holds onto agency rules for longer than the 120-day limit set by Executive Order 12866, often mangling and weakening the protections developed by agencies at the behest of regulated industries. For one of these rules, on the Foreign Supplier Verification Program (FSVP), OIRA didn’t loosen its grip for a year and eight months, giving it plenty of time to tinker around with the FDA’s proposal behind closed doors.

According to a memo …

Aug. 27, 2013 by Michael Patoka
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In January of this year, the Food & Drug Administration proposed a rule on produce safety, as required by the 2011 Food Safety Modernization Act (FSMA). The rule would establish comprehensive standards designed to prevent foodborne illnesses linked to fruits, vegetables, and nuts—like the ongoing Cyclospora outbreak that has sickened 630 people so far, or the 159 cases of Hepatitis A caused by imported pomegranate seeds.

Sofie Miller and Cassidy West, two analysts from the George Washington University Regulatory Studies Center (RSC) recently filed a comment on the FDA’s proposal, recommending a number of changes that would leave gaping holes in the rule’s protections. (A little background: the RSC was founded in 2009 with an initial grant from the right-leaning, anti-regulation Searle Freedom Trust, although that fact is no longer disclosed on their website, nor do the commenters explain which—if any—stakeholders they …

July 24, 2013 by Michael Patoka
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Three years after the EPA proposed a rule to protect communities from coal ash—a byproduct of coal-power generation that’s filled with toxic chemicals like arsenic, lead, and mercury—a final rule is still nowhere in sight. Meanwhile, power plants are dumping an additional 94 million tons of it every year into wet-ash ponds and dry landfills that are already filled to capacity.

Seemingly untouched by this sense of looming disaster, the Obama Administration continues to dawdle in the face of resistance from the coal industry and perennial attempts from House Republicans to deprive the EPA of its authority over the issue. As the EPA fiddles with new power-plant data and reassesses the rule ad nauseam, the next coal ash catastrophe is waiting to happen. As we examine the wreckage, we’ll have to remember how this rule gathered dust on the Administration’s desk.

A …

June 21, 2013 by Michael Patoka
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About 15 percent of all foods we consume are imported. Looking at some particular categories, the numbers are far more striking: imports make up 91 percent of our seafood, 60 percent of our fruits and vegetables, and 61 percent of our honey. Most of these imports come from developing countries that lack any effective health and safety regulation—like China, which has had a seemingly endless run of food safety scandals and yet supplies 50 percent of our apple juice, 80 percent of our tilapia, and 31 percent of our garlic.

Unsanitary practices in these countries are well-documented: Vietnamese farmers are known to send shrimp to America in tubs of ice made from bacteria-infested water; and Mexican laborers are often given filthy bathrooms and no place to wash their hands before gathering onions and grape tomatoes for export. Despite the obvious risks of adulteration and contamination, the …

April 9, 2013 by Michael Patoka
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The Department of Agriculture’s (USDA) proposal to “modernize” the poultry inspection system by replacing government inspectors with company employees, and speeding up the processing line to a staggering 175 birds per minute, has been exposed on numerous occasions as a disaster-waiting-to-happen for food and worker safety. In its zeal to save money for poultry corporations, the White House’s Office of Information and Regulatory Affairs (OIRA) failed to conduct its much-vaunted “interagency review” before giving the proposed rule its stamp of approval—it even neglected to invite the Occupational Safety and Health Administration (OSHA) to weigh in on the obvious dangers posed to workers.

As if more evidence were needed that the poultry rule is a horrible idea, it turns out that the rule also poses a number of serious threats to the environment that went unaddressed in the USDA’s analysis, as CPR President Rena …

March 22, 2013 by Michael Patoka
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In late 2011, a little known but surprisingly influential independent federal agency called the Administrative Conference of the United States (ACUS) conducted a research project on “International Regulatory Cooperation” (IRC), culminating in a set of recommendations to U.S. agencies. In a letter sent yesterday (March 21), CPR Member Scholars Rena Steinzor and Thomas McGarity, and I urge ACUS Chairman Paul Verkuil to look back over the project’s many flaws, which reflect—in both process and substance—ACUS’s pervasive bias toward the views of regulated industries.

What exactly is meant by “international regulatory cooperation”? As we write:

The principal objective of IRC is to “harmonize” U.S. regulatory standards with those of other countries or international standard-setting organizations. …. There is always a danger that such harmonization efforts will become a deregulatory “race to the bottom” in which nations, at the urging of business groups, converge …

March 8, 2013 by Michael Patoka
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A report released yesterday by the Southern Poverty Law Center (SPLC) and the Alabama Appleseed Center for Law and Justice offers a devastating glimpse into the world of Alabama poultry workers.  Forced to hang, fold, gut, or slice more than 100 carcasses each minute, these workers suffer injuries at astounding rates:  of the 302 workers interviewed, almost three-quarters have experienced a significant work-related injury or illness, from deep cuts and debilitating hand pain to chemical burns and respiratory problems.  More than anything, these injuries are a result of the punishing line speeds that workers have to keep up with—lines that never slow or stop when a worker is in pain, but only when a piece of chicken becomes lodged in the machinery.

Unsafe at These Speeds: Alabama’s Poultry Industry and Its Disposable Workers is a sobering report, especially since it comes at a time when …

Oct. 18, 2012 by Michael Patoka
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CPR President Rena Steinzor and Member Scholar Thomas McGarity sent a letter this morning to Paul Verkuil, Chairman of the Administrative Conference of the United States (ACUS), taking the independent federal agency to task for its increasingly apparent bias toward the views of industry groups and its troubling alliance with current and former officials at the White House Office of Information and Regulatory Affairs (OIRA).  By repeatedly partnering with groups engaged in destructive battles with the agencies that write protective regulations, ACUS deviates from its stated mission of “providing nonpartisan expert advice and recommendations for improvement of federal agency procedures,” argue Steinzor and McGarity.

After losing its funding in 1995, ACUS was officially revived in 2010 at the urging of a broad spectrum of experts and organizations, including public interest groups, some of which are represented among ACUS’ membership.  As Steinzor and McGarity write:

One reason advanced …

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More on CPR's Work & Scholars.
Nov. 14, 2013

Benefits of food safety rules much greater than even the FDA suggests

Oct. 25, 2013

White House changes to food import rule weaken consumer protections

Aug. 27, 2013

Analysts Mislead in Their Push to Weaken FDA's Produce Rule

July 24, 2013

Ash Time Goes By: Administration Continues Foot-Dragging on Coal Ash Rule as Toxic Landfills and Ash Ponds Grow by 94 Million Tons Each Year

June 21, 2013

Three Food Safety Rules Grow Moldy at OIRA, as Import-Related Outbreaks Continue

April 9, 2013

USDA's Poultry Rule Will Exacerbate Water Pollution, in Addition to Its Negative Impacts on Food and Worker Safety

March 22, 2013

Taking ACUS to Task for Industry Bias in 'International Regulatory Cooperation' Project