Omnibus provision rules out FDA consolidation

A provision in the omnibus funding bill awaiting President Bush's signature would bar the Food and Drug Administration from moving forward with its controversial plan to consolidate field offices and laboratories.

FDA had proposed closing seven of its 13 labs and five regional offices as part of a reorganization. The move was met with intense resistance from lawmakers, consumer health advocates and the National Treasury Employees Union, which represents FDA employees.

The consolidation was suspended in August pending the recommendations of the Interagency Working Group on Import Safety, which is made up of senior administration officials. But the group stayed mum on the issue.

The amendment, originally part of the Agriculture Department appropriations bill, was authored by Rep. Bart Stupak, D-Mich., chairman of the House Energy and Commerce Subcommittee on Oversight and Investigations. It prohibits FDA from using appropriated funds to close or consolidate any of its 13 laboratories or to reorganize its Office of Regulatory Affairs.

"The FDA's ill-conceived reorganization plan puts the public health in jeopardy at a time when American consumers are increasingly concerned about the safety of their food supply," Stupak said. "Despite a thorough investigation by the oversight and investigations subcommittee, which I chair, FDA has yet to justify the proposal from either a cost or safety standpoint."

NTEU President Colleen Kelley applauded the provision, calling it "a good decision for FDA employees and for American consumers." The union represents approximately 5,200 FDA employees.

Kelley said she is ready to work with FDA to develop a plan to strengthen the agency and its ability to protect the nation's food and drug supply. Lawmakers also are working to improve the agency in the wake of the failed consolidation effort.

Stupak joined Reps. John Dingell, D-Mich., and Frank Pallone, D-N.J., to introduce comprehensive food safety legislation in September. In addition to requiring that FDA detail any plans to close labs or field offices to Congress and the Government Accountability Office, the legislation would facilitate food screening and give FDA the authority to recall contaminated food.

The Food and Drug Import Safety Act (H.R.3610) would require food, drugs and medical devices to have country of origin labels, limit the ports of entry that are allowed to import food and permit FDA to assess and collect inspection fees on imported food.

"This legislation would ensure that the companies that profit by importing food to the U.S. market should carry the costs of having that food inspected," Stupak said. "Money collected through these inspection fees will help ensure that food is safe from the moment it is cleared to be imported into the country all the way to when it reaches the consumer's table."

Spokesman Nick Choate said Stupak is committed to working with Dingell to move the legislation to committee next year.

FDA did not respond to requests for comment on the omnibus provision.