Food Safety Modernization Act

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S. 510: FDA Food Safety Modernization Act (2009-2010):


As an amendment of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399), this act and section empowers the secretary to undertake thorough examinations, investigations and inspections on any food related activity for the safety of all. Again, the Act demands that there be training to the standards on the Secretary who is to undertake the above measurements on food including the retail food establishments. The state is to build the food safety capacity especially of the laboratories of such eligible entity and this would include the detection of the zoonotic diseases. As well, the Act demands for building of the infrastructure and the capacity of the food safety program so as to meet the standards that are outlined in the grant application, and lastly, the Act is to take actions so as to protect the public health especially when responding to notifications for planning and a recall of the food as per the Act.

According to, this Act means a lot for the business, and the businesses are segregated based on whether they are large or small. It is noted that the small business would heavily pay in adhering to this Act to the letter and more so, to the small farmers, notes that it just effectively criminalizes the organic farming even when it does not use the word organic. However, this means different to the large traders who can even pay the fees for registration as required, and this edges out the small people in the land. However, most of these were noted to be exaggerated claims, as it does not entirely edge out the small food operators. A clear example is found on where, FDA asked a judge to order close down of a juice-making firm (Hank J. Hagen and Milton S. Reid). This is an effect the law has brought to the American business, and even though it is good, it hits more the small and medium corporations, which would perhaps take some time adhering to it.

However, when taking the concept of business as the lending institutions in the United States, then, it means well for the business. The lending institutions are appropriate to see more of the general food companies seek for help to make it possible for them to meet the requirements. With the tag of war being between the large and the small corporations or firms, the small ones would be seeking to extend their base so that they can make to grow and extend to be able to meet the requirements. This is serious for those companies that their main area of business is to fund, and with the FDA, showing its teeth out, it is better for the companies fully to comply with the regulations. Therefore, how can the implementation of the Act lender the lending institutions in the United States in positions to advance their lending generosity to the small companies? The fact is that these institutions are at a position to let the small food companies seek for help and this would give them an upper hand in business.

As an eligible entity, the business as defined by this Act can be the non-profit food safety that is supposed to collaborate with the institutions of higher learning. As well, these laws apply to both the large and small companies that deal with matters regarding good and drug manufacturing and distribution. To this end, it can be noted that to some extent, the Act could be driving the small business that could not afford to sustain themselves on these registrations as required by the law, and this is bad for competition. In addition, this is why the lending institutions such as the banks could come up in aid for the small businesses that are trying to make ends meet for themselves. Now that the Act has already been signed into law, it would only work well if they are given some aids. The U.S Chamber of Commerce has given a nod to this law, and this only means that there is no out to barring the implementation of this law. With the contention between the large and small business, the issue that comes to the fore is the ethical compliance of this law, and it raises more questions as to why the large corporations are for the law while small businesses are against it.

The society on the other hand is the target audience and not only as the group that is vulnerable to lack of implementation of this law, but also, have they taken part in the implementation. In our case, the society here is the organizations that get to lend their hand to the less fortunate in the society such as the disabled persons. These organizations represent the persons who are vulnerable to low implementation of the law, and in case they do not comply fully with the law, it means that it puts the persons who cannot defend themselves at risk. However, complying with the law means that they seek the FDA interventions whenever they note some anomalies in the implementation, especially in the importation of food for their persons. Therefore, if in case there is low complying with the law, the vulnerable are put at risk of contamination but when there is full compliance then, their clients are safe from these.

With this act giving FDA the mandate to pursue some system that is based on science and addresses the hazardous effects of drug and food, then, the people are at the foremost-targeted people especially on their safety and healthy living. The societies in general as may be defined by the law are the American people while our concentration is on the groups that take care of the disabled persons. If there are healthy foods that are distributed in the market as well as drug, then, it means that the population is always healthy, and that is the good thing for general development. The system is to handle all related food issues especially on issuance of licenses and registration of the companies that deal with this matter.

All across the globe, the outcry is that food is contaminated and therefore there are many calls to have regulations in terms of food transportation, handling, processing and production. Therefore, the expectations are that the society or the general population is likely to respond positively to this law because they are the target people in the application of the law. FDA aims at protecting the people since the general population does not have the necessary machinery to act against the companies that contravene the ethics of food production and distribution. However, FDA as a large and recognized group has a bigger bargaining power and at a position to ensure that, the law is implemented to the letter.

With the governing authority being the administration of the United States or FDA, then it becomes the manufacturer of the law, then the business and the society, and in all these three, there is a kind of link where, FDA is the owner of the law or the enforcer, the businesses are the implementers of the law while the society is the target group in the implementation. Therefore, what would happen to the society if businesses do not implement the food and drug regulation act enforced by the FDA? In a bid to summarize the implementation or application of this law, the kind of analytical model that can be used is the Manufacture, Retail, Consumer model. All the three stages are represented by the FDA, the business and the society respectively. According to the FDA is at the fore to come up with ways of doing this in a most effective way so that negatives are minimized. However, it expects a direct compliance by the organizations or the business, and as we identified earlier, the help of the lending institutions would play a crucial role in this. The consumers here are the target audience where both the manufacturer and the retailer are targeting.

The use of the above analytical model has helped in showing the relationship that exists between the FDA and the society, the business and the society and finally the FDA and the business. If any of these quits from the chain, then, everything becomes irrelevant because the FDA does not have the necessary capacities to implement direct, and neither can the society do without the businesses. The cause effect relationship here is seen when one of the group in the link misses, and what is seen is a large gap that is not easy to close. Therefore, having the three is quite beneficial while if any of them misses means a missing link in the implementation of the law.



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