The Federal Food Safety System: A Primer (CRS Report for Congress)
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| Release Date |
Revised Dec. 16, 2016 |
| Report Number |
RS22600 |
| Report Type |
Report |
| Authors |
Renée Johnson |
| Source Agency |
Congressional Research Service |
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Summary:
Numerous federal, state, and local agencies share responsibilities for regulating the safety of the
U.S. food supply. Federal responsibility for food safety rests primarily with the Food and Drug
Administration (FDA) and the U.S. Department of Agriculture (USDA). FDA, an agency of the
Department of Health and Human Services, is responsible for ensuring the safety of all domestic
and imported food products (except for most meats and poultry). FDA also has oversight of all
seafood, fish, and shellfish products. USDA’s Food Safety and Inspection Service (FSIS)
regulates most meat and poultry and some egg products. The Government Accountability Office
(GAO) has identified as many as 15 federal agencies, including FDA and FSIS, as collectively
administering at least 30 laws related to food safety. State and local food safety authorities
collaborate with federal agencies for inspection and other food safety functions, and they regulate
retail food establishments.
The combined efforts of the food industry and government regulatory agencies often are credited
with making the U.S. food supply among the safest in the world. However, critics view this
system as lacking the organization, regulatory tools, and resources to adequately combat
foodborne illness—as evidenced by a series of widely publicized food safety problems, including
concerns about adulterated food and food ingredient imports, and illnesses linked to various types
of fresh produce, to peanut products, and to some meat and poultry products. Some critics also
note that the organizational complexity of the U.S. food safety system as well as trends in U.S.
food markets—for example, increasing imports as a share of U.S. food consumptions and
increasing consumption of fresh, often unprocessed, foods—pose ongoing challenges to ensuring
food safety.
Over the years, GAO has published a series of reports highlighting how food safety oversight in
the United States is fragmented and recommending broad restructuring of the nation’s food safety
system. Similar observations are noted in a series of food safety studies by the National Research
Council (NRC) and the Institute of Medicine (IOM) that recommend that the core federal food
safety responsibilities should reside within a single entity/agency, with a unified administrative
structure, a clear mandate, a dedicated budget, and full responsibility for oversight of the entire
U.S. food supply.
The 111th Congress passed comprehensive food safety legislation with the FDA Food Safety
Modernization Act (FSMA, P.L. 111-353). FSMA is the largest expansion of FDA’s food safety
authorities since the 1930s. Although numerous agencies share responsibility for regulating food
safety, FSMA focused on foods regulated by FDA, amended FDA’s existing structure and
authorities, and did not directly address meat and poultry products under USDA’s jurisdiction.
Beyond these changes, some in Congress continue to push for additional policy reforms to
address other perceived concerns about the safety of the U.S. food supply
