Office of U.S.

Senator Mark Begich, Alaska

December 2010

Food Safety Modernization Act — Protecting Alaskans

Recent outbreaks of food-borne illness, tragic deaths and nationwide recalls of contaminated foods
highlight the need to modernize and strengthen our nation’s food safety system. Through S. 510,
the Senate has updated food safety standards for the first time in seven decades.

The bill passed on Nov. 30, 2010, with a strong bipartisan majority of 73-25. Senator Begich voted
YES. Here are the facts about the bill:

S. 510 does NOT outlaw home gardens and family farms.

In fact, the bill explicitly states that produce standards “shall not apply to produce that is produced
by an individual for personal consumption.” The bill also contains an exemption from regulations
for small facilities (like egg and cattle growers) and small farms, which will protect Alaska’s family
businesses and farms. Food sold through farmers’ markets, bake sales, roadside stands, public
events, community supported agriculture, and organizational fundraisers are exempted from most
of the law.

S. 510 does NOT criminalize seed savings or imprison people who sell raw milk.
There are no new rules in regard to the practice of saving seeds for use from year to year. The bill
does not outlaw, criminalize, or require any specific agricultural or growing practice. It does not
establish restrictions on the sale of raw milk. The bill only directs the FDA to review existing
regulatory and preventive control programs in existence.

S. 510 does NOT outlaw traditional organic growing methods.

S.510 explicitly states that new produce safety standards cannot “include any requirements that
conflict with or duplicate the requirements of the national organic program.”

S. 510 does NOT include new recordkeeping or registration for farms.

The bill does not require that farms keep any new food safety-related records. The legislation will
not charge farms or small businesses new registration fees. Farms and restaurants currently
exempt from registering with the FDA will continue to be exempt.

S. 510 DOES improve our capacity to prevent food safety problems.

It requires food companies to develop a food safety plan. It also requires importers to verify the
safety of the food they bring into our country. Otherwise, the importation of food by that importer is
prohibited.

S. 510 DOES improve our capacity to respond to food-borne illness outbreaks.

For the first time, FDA will have authority to recall foods when firms fail to voluntarily recall their
products when a food is adulterated or contains undeclared allergens and will cause sickness or
death to humans or animals. Within three years, S. 510 requires a national trace-back system to
help identify the source of contaminated foods.

For more information, please visit Senator Begich’s website at: http://begich.senate.gov