Congress Passes Food Safety Act

This week Congress passed the Food Safety and Modernization Act, representing the first major overhaul of the U.S. food safety system in over 70 years. In addition to various safety considerations, the bill also directs the FDA to “…promulgate regulations to protect against the intentional adulteration of food….” (emphasis added). These regulations will, among other things, “…specify appropriate science-based mitigation strategies or measures to prepare and protect the food supply chain at specific vulnerable points….” The bill will not likely be signed into law until President Obama returns in early January 2011.

H.R. 3082 Extends CFATS Through March 4, 2011

On Tuesday December 31, 2010, Congress passed H.R. 3082, amending the Continuing Resolution passed in September and thereby extending the authority for CFATS until March 4, 2011.

DHS Issues Helpful Tips for Completing a CFATS SSP

On December 10, 2010, DHS issued a new guidance document entitled “Helpful Tips for Completing a Chemical Facility Anti-Terrorism Standards (CFATS) Site Security Plan.” The tips are based on DHS’s experience with reviewing submitted SSPs, conducting pre-authorization inspections, and the general feedback and questions it has received from the regulated community.

The document specifically addresses five areas where DHS believes additional clarity would benefit the development of a SSP:

1. Appropriate Level of Detail
2. Identifying Specific “Assets” and “Systems”
3. Security Measures Appropriate to Specified Risk Levels
4. Facility-Wide v. Asset-Specific Security Measures
5. Year-Round View

DHS notes that it recognizes the SSP process is a considerable undertaking that requires a coordinated effort to develop and accurately complete. It suggests that facilities allocate sufficient resources and time for their “SSP planners, preparers, and submitters to thoroughly evaluate the processes and operations at the facility so that they can adequately answer the SSP questions….”

H.J. Res. 101 Extends CFATS Through December 18, 2010

On December 2, 2010, Congress passed H.J. Res. 101, which will provide discretionary funding for government operations at FY 2010 levels through December 18, 2010. As part of H.J. Res. 1010, the CFATS program is again temporarily extended in its current form until December 18, 2010. It is expected that Congress will pass another—likely longer (e.g., 1 year)—CFATS extension before the new December 18, 2010 expiration date.