FOOD SECURITY AND SAFETY: THE IMPACT OF HOMELAND SECURITY LEGISLATION ON GRAIN OPERATIONS

摘要

In response to the events of September 11, 2001, Congress passed - and President Bush signed into law on June 12, 2002 - the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Act), requiring the Secretary of Health and Human Services (the Secretary) to take specific steps to protect the public from a threatened or actual terrorist attack on the U.S. food supply. Importantly, Title III of the Act requires that the Secretary propose and implement rules requiring: 1. Domestic and foreign facilities that manufacture, process, pack, or hold food for human consumption or animal consumption register with the U.S. Food and Drug Administration (FDA) by December 12, 2003. 2. Prior notice to be given to FDA in advance of the importation of food into the United States beginning December 12, 2003. 3. Establishment and maintenance, for not longer than two (2) years, of records by persons who manufacture, process, pack, transport, distribute, receive, hold or import foods. 4. Administrative detention of an article of food for which there is credible evidence or information indicating such article presents a threat of serious adverse health consequences or death to humans or animals. These regulations are of interest to the grain, feed and processing industries because FDA defines food to include raw agricultural commodities for use as food or components of food as well as animal feeds and pet foods. The following discussion will explore the above requirements of Title III and discuss their impact on the grain, feed and processing industry.