Number: RL34167
Title: The FDA's Authority to Recall Products
Authors: Vanessa K. Burrows, American Law Division 
Abstract: The 110th Congress has shown significant interest in the issue of food safety. Congress passed H.R. 3580, P.L. 110-85, the FDA Amendments Act of 2007 (FDAAA), which contains provisions addressing communications and information postings during a food recall similar to those the Senate previously approved, by a vote of 94-0, in Senator Durbin's amendment to the FDA Revitalization Act (S. 1082/H.R. 2900). Several bills would grant the FDA the ability to order recalls of food and other products. The Food and Drug Import Safety Act of 2007, H.R. 3610, would grant the Secretary of Health and Human Services (HHS) the authority to require food recalls. Representative Dingell's draft of the Food and Drug Administration Globalization Act of 2008 - posted for comment on the House Energy and Commerce Committee website - would also grant the Secretary the authority to require food recalls and, in addition, would grant the Secretary the same authority for recalling drugs as the Secretary has for recalling devices. The Family Smoking Prevention and Tobacco Control Act, S. 625/H.R. 1108, would provide the Secretary with the authority to require recalls of tobacco products. Other bills that would provide the FDA with recall authority include the FDA Food Safety Modernization Act, S. 3385; the Human and Pet Food Safety Act of 2007, S. 1274/H.R. 2108; the Safe Food Act of 2007, S. 654/H.R. 1148; the Protect Consumers Act of 2007, H.R. 2099; the Safe And Fair Enforcement and Recall for (SAFER) Meat, Poultry, and Food Act of 2007, H.R. 3484; the Food and Product Responsibility Act of 2007, S. 2081; the Consumer Food Safety Act of 2007, H.R. 3624; and the Food Import Safety Act of 2007, H.R. 3937.
Pages: 20
Date: September 16, 2008