GAO examining overlap in U.S. food safety oversight

Food & Drink Weekly, July 12, 2004

The General Accounting Office is reviewing whether the responsibility for ensuring food safety is too fragmented, with jurisdiction over enforcement, rulemakings, and risk assessments split among agencies ranging from the Environmental Protection Agency, the U.S. Department of Agriculture, and the Food and Drug Administration, EPA and GAO officials said. Lawrence J. Dyckman, director of GAO's Natural Resources and Environment Division said that the report will look "at issues of possible duplication and overlap" among those and other agencies in the food safety regulatory arena.

The GAO official said "the main overlap" to be addressed in the report concerns food safety jurisdiction shared by USDA and FDA, although EPA's authority, which includes setting limits on pesticide residues in food, is also part of the review. EPA also has regulatory authority essentially to approve or disapprove pesticides, as well as jurisdiction over some genetically modified plants and substances designed to resist pests. Dyckman said it is unclear how soon the report will be issued. GAO investigations typically take at least several months to complete.

One EPA official said June 29 that the accounting office review is a broad one, focusing on some 30 statutes and nearly a dozen agencies that play at least some role in food safety jurisdiction. The report will likely recommend that Congress consolidate at least some of the responsibilities, said Jim Roelofs, of EPA's Office of Pesticide Programs Field and External Affairs Division.

GAO has already expressed its support for some consolidation to improve accountability and efficiency among food safety agencies. Dyckman said the current "fragmented nature" of the food inspection system "results in divided, and perhaps diluted, responsibility for ensuring a safe food supply and protecting the public health."

Dyckman believes that the food safety responsibilities split between USDA and FDA hinders effective congressional oversight and leads to public confusion. "For example, congressional oversight committees and GAO must review and analyze multiple agencies' programs, policies, and budgets, in order to address questions of overall food safety oversight, rather than focus on food safety inspection programs under one agency's jurisdiction," he said.

Congress could consider changing the framework of food safety laws to consolidate much of the food safety regulatory and enforcement net into a single, independent agency, according to GAO. That independent agency should be given authority over food safety areas ranging from standard setting and inspections to risk assessment, research, and public health surveillance, GAO says. A "single independent agency would offer the most logical approach to resolve long-standing problems, address emerging food safety issues, and better ensure a safe food supply," the GAO said.