More than 60 food industry trade associations write HHS and OMB to oppose FSMA-related user fees.

• Since the enactment of the FDA Food Safety Modernization Act (FSMA) in 2011, many stakeholders have questioned how FDA will get the additional funding its needs to implement the law’s significant new obligations.  The option of industry-paid user fees continues to be a topic of discussion, even though Congress repeatedly has declined to authorize such fees in the past.
• A coalition of more than 60 food industry trade associations has sent a letter to the Department of Health and Human Services (HHS) and the Office of Management and Budget (OMB), requesting that the administration seek all additional funding required for FSMA implementation through the Congressional budget and appropriations process, rather than asking Congress to authorize user fees.  The letter indicates that the creation of “new food taxes or regulatory fees” necessarily will increase the costs of food production and drive up retail prices for consumers.
• Although Congress repeatedly has declined to authorize FSMA-related user fees, FDA continues to face annual funding shortfalls that leave the Agency unable to meet all its goals under FSMA.  As the food industry prepares for the imminent release of significant FSMA rules, the issue of Agency funding and FDA’s ability to implement new FSMA requirements is likely to remain an active topic of discussion and debate.