Bush Administration Proposes New Import Safety Rules

Nov 06, 08:30 PM

Current Headlines: WASHINGTON _ The Bush administration Tuesday proposed new import safety rules that it said would give consumers new confidence and regulators new muscle in the face of a nearly $2 trillion annual flood of imports and a spate of troubling recalls involving tainted food and defective products.

The rules were announced even as the administration's top product safety regulator defended her agency's actions _ and her own controversial travel record _ before a congressional committee.

Devised by a presidential Cabinet-level working group on import safety, the rules will give agencies like the Food and Drug Administration new authority to order product recalls if manufacturers refuse.

They will also give the FDA and the Consumer Product Safety Commission (CPSC) the ability to police product safety at the point of production, such as in foreign manufacturing plants and at farms, rather than trying to catch bad products at 300 U.S. ports of entry, or recall them after consumer complaints, illnesses or injuries.

"While we have strong food and product safety standards, we need to do more to ensure that American families have confidence in what they find on our store shelves," President Bush said Tuesday as he released the working group's recommendations. "They have the right to expect the food they eat, or the medicines they take, or the toys they buy for their children to be safe."

Nancy Nord, acting chairwoman of the CPSC, told the House Committee on Energy and Commerce that she agrees with the proposed changes, as well as with many of those proposed by Democrats in Congress.

During her appearance, Nord defended her acceptance of airfare and accommodations from companies that make the products that the commission regulates. She said that the commission's travel budget is limited and that she endeavors to get to know as many of the manufacturers that come before the commission as possible.

Some of the administration's harshest product safety critics responded favorably to Bush's new recommendations, many of which are already contained in proposed legislation.

"I'm happy the White House has decided to join those of us in Congress who, for years, have been advocating many of the policies proposed today," said Sen. Dick Durbin, D-Ill. "The recommendations in this report, if acted upon, will help remove many of the hurdles that have prevented meaningful reform of our food and product safety systems.

"Providing the FDA with mandatory recall authority is a critical tool that most modern food safety agencies around the world have utilized for years," he said.

The working group's proposals are divided into three categories _ prevention, intervention and response. Until now, administration officials said, the emphasis was on response, which usually meant asking importers to issue product recalls to limit injury or illness.

"We have traditionally focused a great deal on our ability to detect food outbreaks and to intervene," said FDA Commissioner Andrew von Eschenbach. "Now we recognize the importance of prevention, emphasis on being able to assure quality right from the very beginning."

Some of the proposed rules are already being adopted, von Eschenbach said, while others could require more funding next year. He declined to discuss the costs of the new proposals.

The FDA on Tuesday also unveiled its own Food Protection Program that expands the agency's regulation of both domestic and imported food. That plan, parts of which the agency is now implementing, will require more frequent inspections of imports.

Specifically, the import safety proposals would require manufacturers to "certify" that their products and food imports meet U.S. product safety standards, examine food safety controls of foreign countries or prevent contamination issues in the U.S. The new rules would also give the FDA authority to seize the assets "of bad actors" in criminal offenses involving food importing and exporting.

The proposals also seek to strengthen the government's product recall authority, making it illegal to "knowingly and willfully" sell goods that have been recalled.

Some administration critics said the new measures were not strong enough.

"The administration's working group on import safety leaves consumers in the dark and continues the hodgepodge of federal oversight," said Sen. Charles Schumer, D-N.Y. "Of course we need tougher penalties, more inspections and better information sharing when it comes to the food and toys coming into our country."

But without more funding, Schumer said, the new proposals will prove ineffective.

During her congressional appearance, CPSC's Nord said she supported additional money and authority for the agency, often criticized for being underfunded and poorly staffed.

Though Nord did not wholly endorse a bipartisan House bill that would strengthen the agency, she called it "a win for consumers" and represented it as a "significant positive step forward."

Among other things, the bill would strengthen the existing ban on any children's product containing lead, a key issue in toy imports from China, and require third-party testing of domestic and imported products for children 6 years and younger.

But from Congress' standpoint, perhaps the biggest provision is an increase in funds for the agency. It would authorize an additional $80 million for fiscal 2009, $90 million for 2010, and $100 million for 2011. Also an additional $20 million would be set aside for renovating the commission's test laboratory.

Rep. Bobby Rush, D-Ill., chairman of the panel, said that "after decades of neglect, this bill restores the CPSC to its rightful place of prominence and gives it the necessary tools to grapple with the global marketplace and protect American consumers, particularly children, from dangerous and defective products."

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