The Senate voted to move forward on the bill on Wednesday, voting 74-25 to limit debate to 30 hours and proceed with the bill. But on Thursday Senator Tom Coburn (R-OK) filed an amendment that would ban on all ‘earmark’ spending until 2013, resulting in deadlock.
The Senate voted on Thursday evening to allow another 30-hour period in which to debate and vote on the bill.
The bill has attracted strong support from consumer groups and the food industry alike, although a proposed amendment to exempt small farms has caused controversy. That amendment, proposed by Senator Jon Tester (D-MT), has since been changed to exempt farms and food producers that sell most of their products directly to consumers, restaurants, or retailers within state lines or within 275 miles, rather than the original 400 miles, with annual sales of less than half a million dollars. It would also remove the exemption if a facility is involved in a recall.
The Produce Marketing Association, which has been a supporter of food safety reform, withdrew its support of the bill, saying in a statement that the amendment would mean federal regulation would apply based on where food is sold and how much it earns, “neither of which are risk factors.”
“We strongly urge the Senate to strip this provision from the bill or, failing that, to reject the bill,” the PMA said.
The Food Safety Modernization Act has been awaiting debate in the Senate since it passed unanimously through committee last November. A companion bill, the Food Safety Enhancement Act, was passed by the House in July 2009.
If passed, the Senate bill would give the FDA the authority to order product recalls, give the agency greater access to company food safety records, and mandate food safety planning from all food companies.