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Technicality Puts Food-Safety Measure on Ice

By BILL TOMSON - December 2, 2010

http://online.wsj.com/article/SB10001424052748704594804575649312054803920.html?mod=WSJ_article_LatestHeadlines

A procedural mistake has at least temporarily delayed a food-safety bill approved Tuesday by the Senate that was expected to sail through the House and be signed into law.

Democrats are looking at several options to get the bill turned into law, aides said, but the House can't approve it "as is" because the legislation contains provisions that allow the government to collect fees.

Those fees are technically considered tax provisions because they raise revenue for the federal government, an aide said, and House rules say tax provisions must originate in the House version of any bill.

A House leadership aide said the food-safety bill would likely have to be wrapped into another measure being considered by the House, then sent to the Senate.

The bill was first approved by the House in July 2009. The Senate passed its version with a provision excluding small farms and food processors with annual sales under $500,000 from new Food and Drug Administration regulations, if they sell their products directly to consumers or restaurants no more than 275 miles from the production site.

"We are confident that we can work with our House colleagues to find a path forward and get this bill to the president before the end of the year," said a spokeswoman for the Senate Health, Education, Labor and Pensions Committee.

The bill would give the FDA power to mandate food recalls; keep better track of fruit and vegetable shipments so contaminated commodities can be found more quickly; and set new standards for food manufacturers.

Meat safety would remain the responsibility of the U.S. Department of Agriculture.

Write to Bill Tomson at [e-mail]