House Democrats move to resolve a constitutional glitch holding up a food safety reform bill by adding the legislation to a comprehensive appropriations bill.

The appropriations bill, H.R. 3082, passed the House Dec. 8 by a 212-206 vote. It began as a military and veterans affairs spending measure before being amended with provisions for fiscal 2011 funding for other federal agencies and for food safety reform.

The House first passed food safety legislation in July 2009, but the leadership agreed to vote on more limited legislation – S. 510, the FDA Food Safety Modernization Act – the Senate passed Nov. 30. However, S. 510 included a revenue-gathering provision, which under the Constitution must originate in the House (Also see "Constitutional Snag Puts Passage Of Food Safety Bill In Jeopardy" - Pink Sheet, 6 December, 2010.).

The Senate's vote on H.R. 3082 could be held up by Republicans promising to filibuster all legislation until the body approves an extension of tax cuts enacted during George W. Bush's administration. On Dec. 9, the Senate considered compensation for clean-up and excavation workers at the Sept. 11 attack sites and repeal of the "Don't Ask, Don't Tell" military service policy. They met the next day to conduct procedural matters.

Members structured H.R. 3082 as a continuing resolution to fund the government through September 2011. According to an advocacy group, there are reports the Senate is considering an omnibus appropriations bill, but text of that legislation has not circulated.

Should the Senate change the bill and send it back to the House, the lower chamber is back in session the week of Dec. 13 and is scheduled for votes beginning Dec. 14.

FDA Funding Increases With New Authorities

Overall, H.R. 3082 maintains discretionary appropriations at fiscal 2010 levels, $45.9 billion less than President Obama requested, according to an Appropriations Committee release.

The bill allots $3.7 billion to FDA, including direct funding and user fees. Of that total, $856.3 million goes to the Center for Food Safety and Applied Nutrition and $963.3 million to the Center for Drug Evaluation and Research, including from prescription drug user fees.

These allocations, which match President Obama's requests, are all increases over those appropriations subcommittees proposed in July (Also see "FDA Funding Not Set As Chances Grow For Omnibus Or Continuing Resolution" - Pink Sheet, 26 July, 2010.).

In total, the bill appropriates $22.6 billion – $724 million below the fiscal 2010 level – for FDA and other federal agencies and programs within the Agriculture subcommittee's jurisdiction.

However, the Appropriations committee said the bill changes the appropriation levels for some agencies and programs "to respond to changes in law, meet enrollment needs, or to address funding needs." The changes include providing FDA additional resources to pay for food production and handling facility inspections, according to the committee.

"Appropriators heard our message that FDA needs to be an exception to budget-cutting because of its complex and growing responsibilities and years of underfunding," Alliance For A Stronger FDA said in an update to members. "FDA, along with a select list of other agencies and programs, was chosen for separate and better treatment," the alliance added.

Congress previously passed stopgap funding measures to keep the federal government running after last year's appropriations expired Sept. 30. The first expired Dec. 3 and the second will expire Dec. 18 ("Congress extends federal funding temporarily," "The Tan Sheet" Oct. 4, 2010, In Brief).

DeLauro Wants More Reform

Rep. Rosa DeLauro, the outgoing chair of the appropriations subcommittee with FDA oversight, praised passage of food safety reform, but pointed out it is "not as strong" as the legislation the House passed in 2009.

"The FDA Food Safety Modernization Act is a good first step in reforming our food safety system and reducing food-borne illness in this country," the Connecticut Democrat said in a Dec. 8 statement.

DeLauro long has advocated a single food-safety agency to consolidate duties now spread among several agencies.

"This single agency would provide a regulatory structure that can take full advantage of the great work being done by scientists around the country to keep our food disease-free and our families protected. … I believe it is needed to ensure that the food in our supermarkets, restaurants and kitchens is safe," she added.

The food safety language in the appropriations bill is nearly identical to S. 510. It includes only targeted – not general – user fees. The bill also has a provision requiring FDA to issue new dietary ingredient guidance within six months and mandates FDA alert the Drug Enforcement Administration when it receives a new dietary ingredient notification containing an anabolic steroid or analogue (Also see "McCain-Dorgan NDI Guidance, Steroid Provisions In Senate Food Safety Bill" - Pink Sheet, 29 November, 2010.).

The dietary supplement industry supports the Senate language, which exempts the industry from provisions duplicative of good manufacturing practice regulations and adverse event reporting laws (Also see "CRN Goes To The Source Of Senate Food Safety Bill To Push For Passage" - Pink Sheet, 13 September, 2010.).

By Carolyn B. Phenicie

House Adds Food Safety To Appropriations Bill To Resolve Procedural Glitch

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