As the FDA launches its pilot program related to tracking high-risk foods, we are once again reminded of the ongoing difficulties FDA experiences when it comes to choosing between acting quickly and acting thoughtfully.  Think back to 2011’s food safety crises involving salmonella and E. coli. On numerous occasions, FDA was last to comment, often because they didn’t want to speak out of turn and provide inaccurate information.  At other times, however, they were simply scooped by the world’s mass media who, with … READ MORE

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In our August 11 blog post, we alerted our readers to new fees that FDA will begin extracting from food importers and foreign food manufacturers at $224 per hour ($335/hour for foreign travel). FDA will charge the new fees whenever FDA “re-examines” imported food it previously examined and found to be violative for some food-safety related reason. We explained how these fees will significantly increase the cost of importing food, which in turn will result in higher food costs for consumers. Under the FSMA, however, FDA was directed to consider the impact re-inspection fees will have on small businesses. … READ MORE

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In an executive order signed last week, President Obama ordered all government agencies to conduct a cost-benefit analysis before issuing a new regulation and to develop any future regulations in the least-burdensome manner possible and with specific performance goals. Obama also instructed federal agencies to seek and assess all available alternatives to direct regulation before issuing a new rule.

In an opinion piece published in The Wall Street Journal, Obama singled out the FDA as an example of an agency whose regulations have caused confusion.

Cost benefit analysis must benefit the government too, you know.  Obama is not saying “Be nice … READ MORE

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