Expert Recall

By Willie Bryant 

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.

Taylor brings a wealth of legal and regulatory experience to the new position.  He has served in FDA’s Office of General Counsel, Office of Policy, and Center for Foods. In addition, he brings valuable experience as an administrator, having served as the Administrator of the United States Department of Agriculture’s Food Safety and Inspection Service.  The creation of the Office of Foods and Taylor’s position are viewed as alternative to congressional interest in creating an entirely new and separate food agency that would combine FDA and USDA responsibilities.  Current plans call for the FDA’s Foods Program to continue implementation of current food-related authorities and a number of ongoing initiatives to improve the program. 

After reviewing the list of initiatives outlined by the Foods Program, it is apparent that there is little new in FDA’s food safety goals. But there are indications that the FDA will considerably enhance funding and put increased emphasis on certain critical areas. In a recent interview, Taylor reportedly said that his biggest task will be to ready the FDA to handle the new powers that Congress will soon grant the agency. 

Specifically, legislation has been introduced that will give the FDA and USDA authority to order recalls.  Keep in mind these agencies rarely encounter a situation in which a recall order would be necessary. The food industry usually undertakes voluntary recalls without a federal agency formally requesting them to do so. The industry understands that failure to remove contaminated or otherwise harmful products from the market is potentially damaging to companies, brands, and reputations. It can also subject them to expensive litigation.

The food industry faces increased regulation as the FDA adopts a risk-based approach to inspectional activities. While that will continue, long-term goals of the Office of Foods appear to include tighter sanitation controls in all food areas, including family farms.  Food processors and distributors should not only exercise maximum safety controls but should also have in place a detailed, well-tested recall plan to recover product down to the consumer level should a recall ever be necessary.

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