FDA Food Safety Modernization Act Passes U.S. Senate

On November 30, 2010, the U.S. Senate passed the FDA Food Safety Modernization Act, the goal of which is to keep unsafe foods from reaching American consumers. The bill will significantly expand the regulatory powers of the U.S. Food and Drug Administration (FDA). However, the bill's successful passage into law is not yet assured.

A significant problem with the Senate's version of the bill is that it grants the FDA the power to collect fines from food producers and importers that do not comply with recalls or do not pass inspections. The U.S. Constitution, however, states that such revenue-raising measures must originate in the House.

In 2009, the House of Representatives passed its more stringent version of the legislation. The Senate's version, for example, also includes an amendment exempting small farmers and those who sell food at farm stands and farmers' markets.