BIOTERRORISM

Food Safety & Security

Following the terrorist attacks of September 11th

& the subsequent anthrax attacks in the United States

There was a call for new government powers to address

potential threatsBiological & Chemical weapons:

Bioterrorism

Food was/is concerned as a potential vector for terrorist

attack

Food Security Redefined

• In FAO parlance food security refers to the capability of populations to feed themselves

• Post-September 11, food security refers to a food supply protected from intentional adulteration or contamination

Is Food a Possible Vector?

• The government asked the industry• The industry asked the government• How?

– Where is the food supply vulnerable?

• What?– What agents could be successfully introduced into

food?

• Goal?– Would the objective be death, illness, or economic

disruption?

We don’t have answers yet

• Biological weapons in the traditional sense (anthrax, for example) receiving less focus

• Traditional food safety issues such as salmonella, E.coli, or Listeria as intential tools of terrorism receiving more focus

When you can’t identify the problem but need a solution

• Go to the closet of old ideas

• Use the new context to bring them back to life

• “Throw them against the wall and see what sticks”

The Bioterrorism Bill

•The U.S. House of Representatives passed H.R.3448 on December 11,

2001

•The U.S. Senate passed S.1715 on December 20, 2001

Both Bills are very similar

Differences are currently being negotiated, expect them to be finally passed by Congress and signed into

law this month

Food

• Dramatically expanded authorities for the Food and Drug Administration

• Secretary of Health and Human Services has repeatedly stated that imported food presents the most serious bioterrorism threat– It is unclear what, if any, empirical evidence

supports this claim

Nonetheless, the focus of FDA’s new powers is on food imports

Emergency Detention Authority

• FDA can detain food for up to 30 days that it believes presents a threat of serious adverse health conditions or death

• FDA must develop expedited procedures for perishable food items

Debarment

• FDA can debar individuals from importing food for up to 5 years if such individuals:– House: repeatedly import adulterated food– Senate: engage in a pattern of importing

adulterated food

Records Access

• FDA has dramatically expanded access to confidential and proprietary records of companies

Registration

• All food handlers must register with the FDA

• Restaurants, Farms, and Fishing Vessels are exempt

• Registration is NOT and authorization

• Foreign facilities must register via U.S. agent

Prior Notice

• Importers must provide prior notice to the FDA of an imported food shipment– House: 24-72 hours in advance– Senate: at least 4 hours in advance

Refused Entry Marking

• Products that present a serious threat of adverse health consequences or death and are therefore denied entry into the United States will be labeled as:

• “REFUSED ENTRY: UNITED STATES”– Container level vs. Packaging level

Time Frame

• Will become law this month

• Provisions will enter into force via FDA regulations over the course of 2002, earlt 2003

• FDA regulations will clarify (for better or for worse) the details