ExpertINSIGHTS Interview – Richard S. Silverman
ExpertINSIGHTS Interview
Food safety and securing the nation’s food supply are often hot topics as the number of food product recalls continues to grow. The GAO recently demanded changes in the food safety system, particularly as it relates to the federal school lunch program. Additionally, the FDA appointed Michael Taylor as deputy commissioner for foods, a position which will play a role in new food safety legislation. As the FDA continues to make changes, recall standards and recall procedures are likely to be impacted. It is critical that you are prepared for a recall.
We spoke with Richard S. Silverman about what we can expect from the Food and Drug Administration (FDA) and how the food industry can prepare for the food safety reform that may be looming in the future. Rick is a partner in the Washington, DC office of the international law firm of Hogan & Hartson, LLP. Mr. Silverman deals with trade regulation issues with an emphasis on food and drug law. Rick has authored or edited numerous articles and books on food regulation. He frequently lectures on food industry issues before numerous food industry trade associations and before the Association of Food and Drug Officials and it’s regional affiliates.
ExpertRECALL: What can we expect from the FDA in 2010?
Rick Silverman: We can expect the FDA to increase the number of inspections of food production and storage facilities. Such inspections will have increased intensity and result in aggressive enforcement of regulatory standards and enhanced border surveillance of foreign goods entering the United States. Finally, we predict resurgence in interest in the food label and nutrition issues.
ExpertRECALL: What impact will proposed food safety reform measures have on the industry?
Rick Silverman: First and foremost, we can expect increased attention to be paid to food safety plans. In fact, the FDA is likely to address food safety in similar ways to the United States Department of Agriculture. Second, there will be a “new day” of FDA inspections based on review of records rather than inspector observations. Finally, there will be an increased focus on food companies auditing their suppliers, including foreign businesses.
ExpertRECALL: What advice do you have for the food industry when it comes to recalls?
Rick Silverman: Prepare. Prepare. Prepare. Manufacturers and retailers in the food industry should not only have recall plans in place, they should conduct unannounced ”mock” recalls to test those plans. Following these drills, manufacturers should conduct post-mortems to understand what worked well, what can be approved upon, and what changes should be made.
As you prepare, be sure to factor in public relations and product liability considerations. As members of the food industry, you should know your legal rights and obligations.
ExpertRECALL: What position do the food industry trade associations take toward food safety reform?
Rick Silverman: The food industry is generally supportive of food safety legislation, so long as it is risk based, science based, and allows industry flexibility to adopt food safety programs applicable to their line of products.
[...] The Obama administration has just appointed Michael R. (Mike) Taylor to a newly created position as Deputy Commissioner for Foods at the Food and Drug Administration (FDA). In his new job, Taylor will be responsible for guiding the FDA’s Office of Foods, a new office created last August to provide leadership, guidance, and support to meet the agency’s public health goals for food and feed safety, nutrition and related activities. Without a doubt, Taylor and his newly formed branch of the FDA will bring renewed attention to recall regulation and liability. [...]