Revamping Federal Oversight of Food Safety

Why It's High Risk

While our nation’s food supply is generally considered to be safe, we reported

• The fragmented federal oversight of food safety has caused inconsistent oversight, ineffective coordination, and inefficient use of resources.
• Three major trends also create food safety challenges: a substantial and increasing portion of the U.S. food supply is imported, consumers are eating more raw and minimally processed foods, and growing segments of the population are increasingly susceptible to food-borne illnesses.

In addition

• New food safety legislation that was signed into law in January 2011 strengthens a major part of the food safety system, but does not apply to the federal food safety system as a whole.

^ Back to topWhat We Found

Positively, the President established the Food Safety Working Group in 2009 coordinate federal efforts and develop goals to make food safer.

• Through the working group, federal agencies have taken steps designed to increase collaboration in some areas that cross regulatory jurisdictions—in particular, improving produce safety, reducing Salmonella contamination, and developing food safety performance measures.
• However, the agencies have not developed a governmentwide performance plan for food safety that includes results-oriented goals and performance measures, and information about resources.

Food safety oversight remains fragmented in several areas.

• The two primary food safety agencies are the U.S. Department of Agriculture (USDA), which is responsible for the safety of meat, poultry, processed egg products, and catfish, and the Food and Drug Administration (FDA), which is responsible for virtually all other food, including shell eggs and seafood.
• Since we first added food safety to the High Risk list, federal oversight of food safety has become even more fragmented, because the 2008 Farm Bill assigned USDA oversight responsibility for catfish, thus splitting up the seafood oversight.

GAO has also reported that food safety oversight is fragmented in the following areas.

• Customs and Border Protection (CBP), FDA, and USDA oversee the safety of imported food, which makes up a growing portion of food sold in the United States. In September 2009, GAO found gaps in enforcement and collaboration, such as the agencies’ computer systems not sharing key information, which may increase the risk that unsafe food might enter U.S. commerce.
• CBP, FDA, and the National Marine Fisheries Service share responsibility for detecting and preventing seafood fraud, which includes mislabeling species for financial gain. In February 2009, GAO found that the agencies have not identified similar and sometimes overlapping activities, such as operating laboratories for determining seafood species.
• FDA and the Federal Trade Commission (FTC) have jurisdiction over health- and nutrient-related claims made by food manufacturers. In January 2011 GAO reported that FDA had difficulty taking action against companies with potentially false or misleading claims on food labels. Unlike FTC, FDA does not have express legal authority to compel companies to provide information supporting their claims and must develop the evidence needed to support an enforcement action.

^ Back to topWhat Needs to Be Done

• The executive branch should develop a governmentwide performance plan that includes results-oriented goals and performance measures, and a discussion of strategies and resources in order to guide corrective actions and monitor progress.
• While the new food safety law expands FDA’s oversight authority, Congress should also consider enacting comprehensive, uniform, and risk-based food safety legislation.
• Congress should also consider commissioning a detailed analysis of alternative organizational structures for food safety.

^ Back to topKey Reports

Seafood Fraud

Food Safety

Food Safety

Food Labeling

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