Recently introduced to U.S. Congress by Representative Deborah Ross (D-North Carolina), the Federal and State Food Safety Information Sharing Act aims to grant the U.S. Food and Drug Administration (FDA) the authority to share crucial food safety information with state and local regulatory agencies to improve foodborne illness outbreak response and investigations—an authority FDA is currently lacking, as relevant information is considered proprietary.

The bill was inspired by the 2023 lead chromate contamination incident linked to cinnamon applesauce pouches, which sickened hundreds of children nationwide and revealed major shortcomings in the U.S. food recall system, including the existing information-sharing gaps among federal, state, and local agencies. The food recall vulnerabilities exposed by this national public health event are discussed at length in the cover story from the August/September 2024 issue of Food Safety Magazine, which can be read here. FDA was first alerted to the multistate lead poisoning outbreak by the North Carolina Department of Health and Human Services (NCDHHS), and the outbreak may have gone unsolved if not for the quick investigation launched by NCDHHS and its prompt communication with FDA.

“In my home state of North Carolina, we saw how effective information-sharing between federal and state agencies during a food safety crisis led to a food recall that saved lives in states across the country,” said Rep. Ross. “We must empower FDA to share information with the state and local agencies that are not only responsible for conducting the majority of food safety inspections nationwide but also with keeping Americans safe during times of crisis."

Specifically, the proposed Federal and State Food Safety Information Sharing Act would grant FDA the statutory authority to immediately share with state, local, tribal, and territorial public health agencies:

• Foodborne illness surveillance data
• Laboratory sampling testing information
• Inspectional information and results
• Distribution lists for recalls and outbreaks
• Consumer complaints
• Any other information that may assist in protecting public health.

State agencies conduct approximately 60 percent of inspections at food processing facilities on behalf of FDA. If passed, the proposed legislation would enable FDA to share information with the entities that are conducting a majority of food inspections across the country.