GAO Audit Report Prompts Legislative Action on Recalls
01-19-2010
By Willie Bryant
In an earlier blog in September, we discussed the Government Accountability Office (GAO) conducting a review and analysis of food recalls in two areas: beef and beef products sold to or through the USDA’s commodity products program to school districts across the nation, and canned vegetable products sold directly to school districts for the school lunch program by wholesale food distributors.
As a result of the GAO report, one bill has been introduced and a second companion bill is on the way. The bills aim to charge the federal agencies overseeing the food industry with overhauling their recall processes and procedures, enhancing recall standards and ensuring recall compliance – particularly as it pertains to school lunch programs.
The system currently in place for recall notification, auditing, and reimbursement of USDA commodity products has generally been in place ten years – ever since the reinvention of its National Commodity Nutrition Assistance Program in 2000. Following several food recall events in 2009, it has been concluded that the program is not doing the job it was designed to do. A number of areas fail the school programs currently, including recall notification(s), recall returns and disposition, and recalled product reimbursement. Specifically, the GAO found that:
- USDA procedures to notify states and their respective school districts of food recall events were often untimely and inefficient;
- The ability to use commodity holds for products of companies under investigation could have been expanded and prevented the use of suspect products in the school systems; and
- The auditing by USDA of the recall effectiveness at schools did not happen due to a misunderstanding of agency jurisdiction and responsibility.
GAO has subsequently made several recommendations to the Secretary of Agriculture which call for the department to develop timeframes and guidelines regarding “administrative holds”; expediting and improving the school notification process, whether directly from USDA or through State agencies; to improve guidance to states on product disposition and reimbursement; and to resolve the jurisdiction issue and conduct effective checks as appropriate at secondary processors, distributors, and schools. The GAO has recommended additional auditing functions be put in place by FDA to assure the effectiveness of recalls in schools and to document any necessary additional measures taken following the audits.
Although this report was issued on August 20, 2009, according to the GAO website, the recommendations are “in process”. GAO usually gives six months before checking back with the agencies to determine their progress in implementing its recommendations. One bill already introduced by Senator Kirsten Gillibrand (D-NY), the Safe Food for Schools Act of 2009, requires the Secretary of Agriculture to essentially implement the GAO recommendations. Meanwhile, U.S. Representative Joseph Sestak (D-Penn.) plans to introduce a companion bill on food-recall notification in the House of Representatives.
The impact of these revised procedures to the public is to improve food safety through rapid dissemination of vital recall information. This will in turn help eliminate potential harm from unnecessary use of recalled product. Processors and distributors of foods sold directly to schools or through USDA programs should expect expanded coverage of their recall or sub-recall procedures through effectiveness checks (in the case of USDA) or audit checks (in the case of FDA). These processors and distributors would be doing due diligence by putting a recall plan in place and testing recall procedures to assure their capability to rapidly notify all consignees and conduct a timely and effective recall.
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