According to Congress Daily reporter Anna Edney, "The Food and Drug Administration will not meet the September deadline that Congress imposed last year to have a registry up and running to help the agency track food contamination and better understand where to focus its limited resources." The deadline was set in a bill passed last September that aimed to reform FDA's drug safety regime but also contained provisions to enhance food safety.

Congress mandated creation of the registry, because FDA spent much of 2007 chasing food contamination crises instead of heading them off at the pass (spinach, peanut butter, and pet food to name a few). Lawmakers hope the registry will help prevent similar problems in the future.

The Department of Agriculture regulates meat, poultry, and eggs, and FDA regulates pretty much everything else — a big job to be certain. While USDA is required by law to inspect all meat and poultry destined for commerce, FDA-regulated foods do not require inspection before making their way onto grocery store shelves.

Because FDA is not required to inspect all the food under its jurisdiction, and because doing so would be too tall an order, the agency will use a risk-based approach. Put simply, FDA will try to figure out which foods are most susceptible to contamination and where in the supply chain contamination may occur. The agency will then use the information to target its inspection resources. Call it educated guessing.

Both Congress and FDA believe the registry is step one in the risk-based method, according to the Congress Daily article:

FDA has talked about using risk-based inspection methods because funding has not kept pace quickly enough for the agency to inspect food facilities at regular intervals. Lawmakers felt a comprehensive registry would produce data necessary to maximize a risk-based approach.

Of course, FDA will then need to use the information collected in the registry, which will be provided by both companies and local government officials, to police the food industry. Too often FDA has failed to take action on behalf of the public, even when it is aware of food safety problems.

In March, The Washington Post reported, "Since 2001, nearly half of all federal inspections of facilities that package fresh spinach revealed serious sanitary problems, but the Food and Drug Administration did not take 'meaningful' enforcement action" In April 2007, the Post reported, "In the peanut butter case, an agency report shows that FDA inspectors checked into complaints about salmonella contamination in a ConAgra Foods factory in Georgia in 2005. But when company managers refused to provide documents the inspectors requested, the inspectors left and did not follow up."

Speaking yesterday to the National Retail Federation, Nancy Nord, head of the Consumer Product Safety Commission, said a new federal standard limiting lead in children's products "might prove to be overly broad," according to BNA news service (subscription).

The limit on lead is contained in a product safety bill currently being considered by Congress. The bill would require CPSC to set a standard limiting lead in children's products to trace amounts (100 parts per million for the content and 90 parts per million for paint or coatings).

Americans need a strict federal standard on lead in children's products for two reasons. First, as we have known for decades, lead is dangerous. Children and fetuses are particularly susceptible to the effects of lead. Even at low levels, lead exposure can lead to reduced IQs, learning disabilities, or behavioral problems.

Second, American consumers have recently been facing big problems with lead contaminated products and are increasingly concerned. In 2007, CPSC announced 106 recalls of lead-contaminated children's products totaling 17,126,810 individual items — a 500 percent increase from 2006.

Considering the gravity of the situation, one would think Nord would want strong federal action — perhaps even preferring to err on the side of over-protection. Sadly, Nord, an appointee of President Bush and former lobbyist for corporate interests, does not seem interested in seeing that her agency fulfills its mission of protecting the public.

On a related note: What the heck happened to the CPSC reform bill, which includes the lead standard and other important provisions? The House bill (H.R. 4040) passed in December and the Senate bill (S. 2663) passed in early March.

Despite overwhelming support in both chambers, the conferencing process, where the differences between the two bills will be reconciled, is in its infancy. Leadership from both parties only got around to naming conferees in early May.

Democratic leaders had hoped to finalize the bill before last Christmas. But at the rate Congress is going, they'll be lucky to finish it by this Christmas. Meanwhile, CPSC continues to announce recalls of lead-contaminated children's products (here and here, for recent examples).

Yet Congressional leadership continues to leave consumers without a strong product safety regulator. Truly disappointing.