The snow sirens have been cranked for a storm that may top6 inches before it is over.
Looks like the people living in the northern mountains of western North Carolina are gonna get a taste of winter. The rest of us will likely get a pretty view of snow falling. Keep an eye on the forecast via your favorite local radio or television station, or via the Internet at the GSP Office of the National Weather Service. The forecast changed on me while I was writing this piece. It began as a minor 1 to 3 inch forecast and changed to 3 to 6 inches before I could complete it. Snow forecasts are notoriously difficult for our area, so be sure you double check the forecast before you hit the road. [**6.37am** The Storm Total Map has not yet been updated with the new forecast...and I'll the new map here when it becomes available. --TP
Another resource you can use is the NC DOT's Traveler Information System. Be aware that during a quickly evolving winter weather event, it may not be up to date with the latest information available. The NCDOT is also on twitter. A webpage with all the twitter accounts is available.
You can also crowd-source your weather reports, perhaps even getting information on road conditions from people who have first hand knowledge of them, or from tweeters who are listening to scanners. Helpful hashtags are #WNCwx, #AVLwx, or you can use twitter search to data-mine for more specific info. Here is an example using the keywords snow and Asheville. Use the word AND (must be capitalized) to find tweets that use both words from people who don't use hashtags. An appalling number of people don't use hahtags at all...making their info harder to find for people who don't follow them. If all elese fails, just ask a question about road conditions where you are planning to travel and perhaps someone helpful will answer.
Here is the Urgent Message from the National Weather Service for the northern counties of western North Carolina:
Winter Weather Advisory URGENT - WINTER WEATHER MESSAGE NATIONAL WEATHER SERVICE BLACKSBURG VA 453 AM EST SUN DEC 5 2010
...BLUSTERY AND COLD THROUGH MID WEEK...
.VERY COLD AIR WILL POUR INTO THE CENTRAL APPALACHIANS THE NEXT SEVERAL DAYS FROM CANADA. THIS WILL RESULT IN A PROLONGED PERIOD OF MOUNTAIN SNOW SNOW SHOWERS...STRONG WINDS...AND LOW WIND CHILLS.
NCZ001-002-018-VAZ007-009>011-015-019-020-WVZ042>044-051800- /O.NEW.KRNK.WW.Y.0021.101205T1700Z-101208T0000Z/ ASHE-ALLEGHANY NC-WATAUGA-TAZEWELL-SMYTH-BLAND-GILES-GRAYSON- ALLEGHANY VA-BATH-MERCER-SUMMERS-MONROE- INCLUDING THE CITIES OF...WEST JEFFERSON...SPARTA...BOONE... TAZEWELL...MARION...BLAND...INDEPENDENCE...WHITETOP...TROUTDALE... VOLNEY...HOT SPRINGS...BLUEFIELD...HINTON...HIX...UNION 453 AM EST SUN DEC 5 2010
...WINTER WEATHER ADVISORY IN EFFECT FROM NOON TODAY TO 7 PM EST TUESDAY...
THE NATIONAL WEATHER SERVICE IN BLACKSBURG HAS ISSUED A WINTER WEATHER ADVISORY FOR A COMBINATION OF WINTER WEATHER CONDITIONS...INCLUDING ACCUMULATING MOUNTAIN SNOW SHOWERS...BLOWING AND DRIFTING SNOW...AND LOW WIND CHILL VALUES WHICH IS IN EFFECT FROM NOON TODAY TO 7 PM EST TUESDAY.
* ACCUMULATION...OF 2 TO 6 INCHES OF SNOW.
* TIMING...SNOW SHOWERS WILL BECOME NUMEROUS THIS AFTERNOON AND CONTINUE THROUGH TUESDAY.
* IMPACTS...BLOWING SNOW LIKELY TO DRIFT ACROSS ROADS...ESPECIALLY IN THE HIGHER ELEVATIONS.
* WINDS...GUSTING TO BETWEEN 30 AND 40 MPH WILL BE COMMON. THE HIGHEST ELEVATIONS MAY EXPERIENCE GUSTS TO NEAR 50 MPH.
* VISIBILITIES...BLOWING SNOW MAY REDUCE VISIBILITIES TO LESS THAN A MILE IN THE MOUNTAINS.
* TEMPERATURES...ARE EXPECTED TO REMAIN BELOW FREEZING.
* WIND CHILL...VALUES NEAR ZERO TONIGHT AND ZERO TO 10 BELOW ZERO MONDAY NIGHT.
PRECAUTIONARY/PREPAREDNESS ACTIONS...
THIS WINTER WEATHER ADVISORY MEANS THAT PERIODS OF SNOW...COLD WIND CHILLS...BLOWING AND DRIFTING SNOW WILL CAUSE TRAVEL DIFFICULTIES. BE PREPARED FOR SLIPPERY ROADS AND LIMITED VISIBILITIES...AND USE CAUTION WHILE DRIVING.
This is the full video of the special meeting of the Macon County Commissioners with the Macon County Planning Board that took place in Franklin, NC on December 2, 2010. [Note: I am aware that certain speakers have been misidentified during my haste to get the video out...and will correct that in a future edition of the video. --Bobby Coggins]
Before the meeting convened, the Commissioners Board Room was packed wall to wall with standing room only for the special meeting of the Macon County Commissioners. Chairman of the Macon County Commissioners, Ronnie Beale, opened the meeting and gave a very brief overview of why this meeting had been called and announced that due to the size of the crowd, the meeting would again go into recess and reconvene one floor up in the large courtroom of the Macon County Courthouse. [Info on why this meeting was called]
It took about 15 minutes for everyone to move up the single set of stairs to the next floor and get settled in the large courtroom on the 4th floor. Members of the Macon County Planning Baord were seated in the 1st row.
The commissioners sat in the front of the courtroom and each spoke in turn, addressing their part in the events of November 22, 2010 that precipitated this meeting at the request of Lewis Penland, the chairman of the Macon County Planning Board, who objected to the appointment of Jimmy Goodman to the Board and the removal of Al Slagle by the County Commissioners.
Ronnie Beale, Chairman of the Macon County Commissioners, said that what happened last Monday night was not the way the business of the county is conducted in Macon County. During the meeting, he said that "When emotion takes over, good judgement can escape us all." He said that no one who wished to stay on an advisory board had ever been taken off, that Al Slagle was the first time this had happened. He offered a suggestion to the incoming board (members will be sworn in on the morning of December 6th and meet later that night) on a possible way to resolve this problem. He wants them to add two new seats to the Macon County Planning Board, and give one of them to Al Slagle. He said that this board could not do that because a public hearing is required to change the ordinance that establishes the structure and terms of the Planning Board.
Macon County Commissioner Bob Simpson said that in 2007, "Jimmy Goodman was pulled off the board politically. I was involved in it and I made a mistake that night I've regretted ever since. I've prided myself for not doing anything politically during my eight years, but I did do that.
"I righted a wrong. Mr Goodman needs to be put on that board. His way of thinking, his ideology of the community represents a tremendous amount of people in this county. They cannot be ignored, regardless. Jimmy's just one man among eight or nine."
During the meeting, Macon County Commissioner Brian McClellan said, "In my whole time on this board, there's only been one person that's ever been removed from a board that wanted to remain on the board, only one time, ever, until Monday night, and that was Jimmy Goodman. Two wrongs don't make a right. Again, we could have handled it much better. It was not anything having to do with (getting) Al off the board and I'm one hundred percent for getting him back on the board."
Vice Chairman of the Macon County commissioners, Jim Davis, said that he apologizes to everyone involved, including the people of Macon County County, for the way the vote last Monday was handled. He further stated, Three years ago "Jimmy Goodman was taken off the board, and the way it was done, it was not right. But the way we did it Monday night was not right either, and I apologize for that. It's not the way I wanted to end my career as a county commissioner for Macon County." He joined the other commissioners in praising Ronnie Beale's efforts to find a solution to the problem.
Macon County Commissioner Bobby Kuppers was the last of the commissioners to speak during the opening segment of the meeting, saying "Al, [addressing Al Slagle] what this county, this board put you through is unnacceptable. You have my apology for it, because it should never have happened. This is Macon County, North Carolina and we don't treat people that way.
"I can't go as far back in history as the people to my right. I can only speak to the two years I've been here. It has been my greatest honor in the two years I've served on this board to be a liaison to that group that is sitting on the front row, and if you think that we don't have diversity on our planning board, I would invite you to come to the next meeting. I would invite you to listen to them go at it. Then, I would like you to see them shake hands and walk out the door friends, all political agendas laid aside."
Lewis Penland, Chairman of the Macon County Planning Board, addressed the commissioners and among his remarks he said, "I respectfully request that you remove Mr Goodman from the Planning Board, and appoint Al Slagle in his place. I also request, that in the future, as has been the tradition of the planning board [sic] be consulted on any appointments to the board and their appointments be based on qualifications, not political affiliations."
After Lewis Penalnd spoke, Ronnie Beale added, "The planning board came to us...you need to know this...you've heard about a wrong being done right. The planning board came to us and asked that he step down. He was [not constructive?] to the board. That's the reason he was not put back on the board. It wasn't a political agenda at all. That was the reason."
Lewis Penland then introduced the members of the Planning Board to the crowd, including Al Slagle, although he technically isn't on the board, to sustained applause.
I'll be posting short videos of each speaker individually to You Tube over the next couple of days and will link to them from here...as well as replacing the above video with a version that correctly identifies the speakers. I apologize for those errors I made in my haste to get the video online.
**8.14pm** I've just returned from the meeting and report that was nothing decided tonight. Long story short is that Chairman Ronnie Beale has suggested that the next Board of Commissioners add two extra seats to the Planning Board and give one of them to Al Slagle.
I will work on getting the videos of the meeting processed as soon as I can.
**12-03-2010** See the video and notes from this meeting. [link]
This is from the official notice of the meeting:
The Macon County Board of Commissioners will hold a special meeting on Thursday, December 2, 2010, at 6pm in the Commissioners Board Room on the third floor of the Macon County Courthouse. The purpose of the meeting is to meet jointly with the Macon County Planning Board to discuss items of mutual interest and possible action concerning appointments to the Planning Board.
Here is a video of the appointment that has caused such an uproar:
Watch the 1st two minutes of the above video where the appointment takes place. I'm thinking that there will be an attempt to either remove Jimmy Goodman or pack the Planning Board by adding an extra seat and appointing Al Slagle to it...we'll have to see what develops tonight.
The Macon County News and Shopping Guide has a story on the incident, but they do not mention that the same method was used three years ago to remove Jimmy Goodman from the Planning Board as was used to get Al Slagle off this time. In fact, Brian McClellan voiced the same concerns then as Chairman Ronnie Beale has. It's funny how the wheel turns in these things, isn't it?
Here is an excerpt of the minutes from the meeting where Al Slagle was chosen to replace Jimmy Goodman without advance notice:
APPOINTMENTS: Board of Adjustments - Upon motion by Commissioner McClellan, seconded by Commissioner Davis the Board unanimously voted to appoint Gary Drake to fill the vacant unexpired term on the Board of Adjustments. Term will expire April 23, 2009.
Planning Board – Commissioner Beale, Planning Board liaison, presented Al Slagle’s resume and made a motion to appoint him to fill the vacancy on the Planning Board. The motion was seconded by Chairman Leatherman. The motion passed three to two with Commissioners Davis and McClellan opposing. Commissioner Davis stated he had been previously contacted by Jimmy Goodman whose term is expiring and had committed his support to him. Commissioner McClellan stated since he had been on the Board they have never failed to reappoint someone who was eligible and willing to continue serving. Mr. Slagle’s term will expire November 1, 2010.
You may read the entire minutes from that meeting by clicking here.
I'll be covering this special meeting live via Twitter and using the hashtag #MaconGov
Here is the twitter widget you can follow the meeting on if you don't have a twitter client:
In short, what has happened is that Jimmy Goodman has been re-appointed to the board in the same manner that Al Slagle was two years ago.
Here is an excerpt of a letter sent out by the POA (I don't have permission to run the whole thing, so I can only excerpt part of it: [link to POA website]
Here is an excerpt from a letter sent out by the Property Owners Association regarding this situation:
As usual, there are all kinds of rumors going around and a healthy dose of “misinformation”. So, we at the POA did some research using the minutes from the past Commission meetings and thought we’d do a little historical educating before this thing really takes another ugly turn for the worse. Be sure to note comments made by McCellan and Davis when they supported Goodman below. Consider:
NOVEMBER 3, 2003 MINUTES MACON COUNTY BOARD OF COMMISSIONERS Goodman appointed to Planning Board Upon a motion by Commissioner Leatherman and seconded by Commissioner Shepherd Jimmy Goodman was appointed for a one year term.
DECEMBER 6, 2004 MINUTES MACON COUNTY BOARD OF COMMISSIONERS Goodman - Reappointed Planning Board – Commissioner Leatherman made a motion to reappoint Jimmy Goodman to the Planning Board. The motion was seconded by Commissioner Davis and all favored. Term will expire November 1, 2007.
NOVEMBER 13, 2007 MINUTES MACON COUNTY BOARD OF COMMISSIONERS Slagle put on Planning Board – Goodman voted off… Planning Board – Commissioner Beale, Planning Board liaison, presented Al Slagle’s resume and made a motion to appoint him to fill the vacancy on the Planning Board. The motion was seconded by Chairman Leatherman. The motion passed three to two with Commissioners Davis and McClellan opposing. Commissioner Davis stated he had been previously contacted by Jimmy Goodman whose term is expiring and had committed his support to him. Commissioner McClellan stated since he had been on the Board they have never failed to reappoint someone who was eligible and willing to continue serving. Mr. Slagle’s term will expire November 1, 2010.
We find it amusing that 3 years ago (11/13/07) Goodman was voted off the Planning Board and Slagle was put on all at the same meeting and with no outcry at all. Now the EXACT same thing happens again but this time in reverse - Slagle off, Goodman on. OMG!!! You’d think that the dean’s and teachers had been locked in the bathroom, the school yard has turned into a free-for-all, spit-balls are flying and the Franklin Press is writing HUGE stories making all but a mockery of the entire process not to mention our Commissioners.
This is the full video and supporting documents for the November 22, 2010 meeting of the Macon County Commissioners. Some people have reported playback issues with the Blip TV video, so I have started uploading the videos to You Tube as well.
Hat Tip: The Conservative Shepherd Note: The full text of the legislation is at the end of this post. It is 242 pages long. Download it and read it. Don't take my word for it.
The passage of this bill has so upset me, in particular Senator Burr's role in it, that I have decided to pledge myself to his defeat in 2016. I would prefer to do it in the primary, but will do what is necessary to ensure he loses in the general election if we can't defeat him in the primary. In my opinion, Senator Burr crossed a line with his support and vote for this bill that cannot be uncrossed...save one measure...a successful effort on his part to have S510 repealed in it's entirety.
If you are interested in joining this effort, please send me a DM to my twitter account @ThunderPig. If you don't have a Twitter Account...get one because you'll be no use to our effort (and always out of the loop) if you don't have one. We will have to build a grassroots army by 2016 to take out a sitting US Senator with millions of dollars in his war chest.
From the congressional record...
FDA Food Safety Modernization Act: By 73 yeas to 25 nays (Vote No. 257), Senate passed S. 510, to amend the Federal Food, Drug, and Cosmetic Act with respect to the safety of the food supply, after taking action on the following amendment and motions proposed thereto:
During consideration of this measure today, Senate also took the following action: By 39 yeas to 56 nays (Vote No. 255), two-thirds of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to suspend Rule XXII, of the Standing Rules of the Senate, for the purposes of proposing and considering Coburn Amendment No. 4697.
By 36 yeas to 62 nays (Vote No. 256), two-thirds of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to suspend Rule XXII, of the Standing Rules of the Senate, for the purposes of proposing and considering Coburn Amendment No. 4696.
Mr. HARKIN. Mr. President, today with the passage of the Food Safety Modernization Act by this overwhelming vote of 73 to 25, we have taken momentous steps to help strengthen food safety in America. The Food Safety Modernization Act will bring America's food safety system into the 21st century.
This bill gives the FDA the authority the agency needs to help protect America from foodborne illnesses. While this bill is a historic step forward in ensuring that our food supply is safe and protecting Americans from foodborne illnesses, we have to now ensure that the FDA has adequate resources to fulfill their profound responsibilities.
I look forward to working with my colleagues on the Appropriations Committee and the entire Senate to ensure that they have the necessary resources to fulfill the provisions of this legislation.
As the primary cosponsors of the bill, Senators Durbin and Gregg deserve a great deal of thanks for their outstanding leadership. I asked Senator Durbin when he started working on this bill. He said back in the House 18 years ago. So sometimes it takes a long time to get these things done. But this is the first time in 70 years we have ever had a major revision of our food safety laws. Senator Gregg has also worked at least a dozen years,
that I know of, on this bill in his time in the Senate. I would also like to thank my colleagues, SenatorEnzi, the ranking member of the committee, former chairman and ranking member of the committee, for his help and also SenatorBurrfor working hard on the legislation and getting it where it is today.
Finally, I thank my friend, Senator Dodd, for his tireless efforts. The Senate will certainly miss his leadership on this and so many other important issues. Additionally, I thank members of our staffs who helped to make this possible, and let me just--I am going to read their names, but let me say at the outset, while many of us were perhaps not around during Thanksgiving week or perhaps even the week after the elections, I can tell you the staffs were hard at work day after day, sometimes late in the evenings, sometimes on weekends, to help get this bill together. These staff people deserve so many thanks from not only me but from everyone involved with this legislation.
From Senator Durbin's staff: Albert Sanders, Anne Wall, and Dena Morris; from Senator Enzi's staff: Chuck Clapton, Keith Flanagan, Travis Jordan, Frank Macchiarola, and Amy Muhlberg; Senator Dodd's staff: Anna Staton and Tamar Haro; Senator Gregg's staff has worked on this bill from the beginning: Elizabeth Wroe; Senator Burr's staff: Anna Abram and Margaret Brooks; Senator Reed's staff: Carolyn Gluck and Kasey Gillette; and from my staff: Kathleen Laird, Tom Kraus, Bill McConagha, Mark Halverson, Jenelle Krishnamoorthy, Pam Smith, and Dan Smith. All of them are heroes and heroines in my book. They really put forth supreme effort to get this bill to us today so we could have this overwhelming vote of approval.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arizona.
Here are the votes by position, Yea, Nay or Not Voting:
S.510 Title:FDA Food Safety Modernization Act Sponsor: Sen Durbin, Richard[IL] (introduced 3/3/2009) Cosponsors(21) Related Bills:H.R.1332 Latest Major Action: 11/30/2010 Passed/agreed to in Senate. Status: Passed Senate with an amendment by Yea-Nay Vote. 73 - 25. Record Vote Number: 257. SUMMARY AS OF: 12/18/2009--Reported to Senate amended. (There is 1other summary)
FDA Food Safety Modernization Act - Title I: Improving Capacity to Prevent Food Safety Problems - (Sec. 101) Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the authority of the Secretary of Health and Human Services (HHS) to inspect records related to food, including to: (1) allow the inspection of records of food that the Secretary reasonably believes is likely to be affected in a similar manner as an adulterated food; and (2) require that each person (excluding farms and restaurants) who manufactures, processes, packs, distributes, receives, holds, or imports an article of food permit inspection of his or her records if the Secretary believes that there is a reasonable probability that the use of or exposure to such food will cause serious adverse health consequences or death.
(Sec. 102) Authorizes the Secretary to suspend the registration of a food facility if the food manufactured, processed, packed, or held by a facility has a reasonable probability of causing serious adverse health consequences or death to humans or animals.
(Sec. 103) Requires each owner, operator, or agent in charge of a food facility to: (1) evaluate the hazards that could affect food; (2) identify and implement preventive controls; (3) monitor the performance of those controls; and (4) maintain records of such monitoring. Deems facilities required to comply with certain food-specific standards to be in compliance with this section. Requires the Secretary to promulgate regulations to establish science-based minimum standards for conducting a hazard analysis, documenting hazards, implementing preventive controls, and documenting such implementation.
Prohibits the operation of a facility that manufactures, processes, packs, or holds food for sale in the United States if the owner, operator, or agent in charge of such facility is not in compliance with this section.
Delays implementation of this section for small businesses.
(Sec. 104) Directs the Secretary to: (1) review and evaluate relevant health data and other information to determine the most significant foodborne contaminants; and (2) issue contaminant-specific and science-based guidance documents, action levels, or regulations.
(Sec. 105) Sets forth provisions related to produce safety, including to require the Secretary to: (1) establish science-based minimum standards for the safe production and harvesting of those types of fruits and vegetables that are raw agricultural commodities to minimize the risk of serious adverse health consequences or death; and (2) publish updated good agricultural practices and guidance for the safe production and harvesting of specific types of fresh produce.
(Sec. 106) Requires the Secretary to promulgate regulations to protect against the intentional adulteration of food.
(Sec. 107) Directs the Secretary to assess and collect fees related to: (1) food facility reinspection; (2) food recalls; (3) the voluntary qualified importer program; and (4) importer reinspection.
Applies export certification provisions to food.
(Sec. 108) Requires the Secretary and the Secretary of Agriculture to prepare and submit to the relevant congressional committees and make public the National Agriculture and Food Defense Strategy, which shall include: (1) an implementation plan; (2) a coordinated research agenda; and (3) a process to achieve, and evaluate progress towards, goals.
(Sec. 109) Directs the Secretary of Homeland Security (DHS) to report annually on the activities of the Food and Agriculture Government Coordinating Council and the Food and Agriculture Sector Coordinating Council.
(Sec. 110) Requires the HHS Secretary to submit to Congress: (1) a comprehensive report that identifies programs and practices that are intended to promote the safety and supply chain security of food and to prevent outbreaks of foodborne illness and other food-related hazards that can be addressed through preventive activities; and (2) biennial reports on food safety programs and practices following the submission of the comprehensive report.
Requires the HHS Secretary and the Secretary of Agriculture to submit to Congress, biennially, a joint food safety and food defense research plan.
(Sec. 111) Requires the HHS Secretary to promulgate regulations on sanitary transportation practices for the transportation of food.
(Sec. 112) Requires the Secretary to develop and make available to local educational agencies, schools, early childhood education programs, and interested entities and individuals guidelines for developing plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs, to be implemented on a voluntary basis. Sets forth issues for such guidelines to address, including: (1) parental obligation to provide documentation of their child's food allergy; (2) the creation of an individual plan for food allergy management; (3) communication strategies between schools or childhood education programs and providers of emergency medical services; and (4) strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school or early childhood education program areas, such as cafeterias.
Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines.
Title II: Improving Capacity to Detect and Respond to Food Safety Problems - (Sec. 201) Requires the Secretary to: (1) allocate resources to inspect facilities and articles of food imported into the United States based on their risk profiles; (2) increase the frequency of inspection of all facilities; and (3) report to the appropriate congressional committees annually on food facility and food import inspections.
(Sec. 202) Requires the Secretary to: (1) recognize bodies that accredit laboratories with a demonstrated capability to conduct analytical testing of food products; (2) establish a publicly available registry of accreditation bodies; (3) develop model standards that an accreditation body shall require laboratories to meet; and (4) periodically reevaluate accreditation bodies and revoke recognition of any not in compliance with this section.
Sets forth requirements for mandatory testing, including that: (1) testing be conducted by federal laboratories or accredited nonfederal laboratories; and (2) results of such testing be sent directly to the Food and Drug Administration (FDA). Requires the Secretary to review results from any sampling and testing that lead to a state or locality issuing a food recall to evaluate the need for a national recall or other compliance and enforcement activities.
Requires the Secretary to report to the relevant congressional committees on the progress in implementing a national food emergency response laboratory network.
(Sec. 203) Directs the DHS Secretary to maintain an agreement through which relevant laboratory network members will: (1) agree on common laboratory methods in order to facilitate the sharing of knowledge and information; (2) identify means by which each member could work cooperatively to optimize national laboratory preparedness and provide surge capacity during emergencies; and (3) engage in ongoing dialogue and build relationships that will support a more effective and integrated response during emergencies. Sets forth reporting requirements.
(Sec. 204) Requires the HHS Secretary to: (1) improve tracking and tracing of fruits and vegetables that are raw agricultural commodities in the event of a foodborne illness outbreak; and (2) establish standards for the type of information, format, and timeframe for persons to submit records to aid the Secretary in such tracking and tracing.
(Sec. 205) Requires the Secretary to establish a pilot project to explore and evaluate methods for rapidly and effectively tracking and tracing processed food so that the Secretary may quickly identify the source of an outbreak involving such a processed food and the recipients of the contaminated food.
(Sec. 206) Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses.
Requires the Secretary to: (1) develop and implement strategies to leverage and enhance the food safety and defense capacities of state and local agencies to achieve specified goals, including improving foodborne illness outbreak response and containment; and (2) complete a review of state and local capacities and needs for enhancement not later than one year after enactment of this Act.
Reauthorizes appropriations for grants to states and Indian tribes to expand participation in networks to enhance federal, state, and local food safety efforts, including meeting the costs of establishing and maintaining the food safety surveillance, technical, and laboratory capacity needed for such participation.
(Sec. 207) Authorizes the Secretary to: (1) provide a responsible party with an opportunity to cease distribution and recall an adulterated or misbranded article of food if the use of or exposure to such article will cause serious adverse health consequences or death to humans or animals; (2) order a responsible party to immediately cease distribution and provide notice to relevant persons if the responsible party does not voluntarily cease distribution of or recall such article of food; and (3) order a recall if the Secretary determines that removal of the article from commerce is necessary, but only after providing an opportunity for a hearing.
(Sec. 208) Revises the standard for the administrative detention of food to allow such a detention if the FDA has reason to believe that such article is adulterated or misbranded.
(Sec. 209) Requires the Administration of the Environmental Protection Agency (EPA) to provide support for, and technical assistance to, state, local, and tribal governments in preparing for, assessing, decontaminating, and recovering from an agriculture or food emergency.
(Sec. 210) Requires the Secretary to set standards and administer training and education programs for the employees of state, local, territorial, and tribal food safety officials relating to the regulatory responsibilities and policies established by this Act.
Authorizes and encourages the Secretary to conduct examinations, testing, and investigations for the purposes of determining compliance with the food safety provisions of this Act through the officers and employees of such state, local, territorial, or tribal agency.
(Sec. 211) Expands the program for grants to states, territories, and Indian tribes for inspections to include grants to: (1) train to HHS standards for the examination, inspection, and investigation of food manufacturing, processing, packing, holding, distribution, and importation; (2) build the capacity of the laboratories for food safety; (3) build the infrastructure and capacity of the food safety programs; and (4) take appropriate action to protect the public health in response to a recall of food under the FFDCA.
Title III: Improving the Safety of Imported Food - (Sec. 301) Requires U.S. importers to perform risk-based foreign supplier verification activities to verify that imported food is produced in compliance with applicable requirements related to hazard analysis and standards for produce safety and is not adulterated or misbranded. Requires the Secretary to issue guidance to assist U.S. importers in developing foreign supplier verification programs.
(Sec. 302) Requires the Secretary to: (1) establish a program to provide for the expedited review and importation of food offered for importation by U.S. importers who have voluntarily agreed to participate in such program; and (2) issue a guidance document related to participation and compliance with such program.
(Sec. 303) Requires imported food that fails to meet requirements for a certification or other assurance that the food meets applicable FFDCA requirements to be refused admission.
Authorizes the Secretary to require, as a condition of granting admission to an article of food into the United States, that an entity provide a certification or other assurances that the article of food complies with applicable FFDCA requirements.
(Sec. 304) Directs the Secretary to require, prior to importation of an article of food, notice of any country to which such article has been refused entry.
(Sec. 305) Requires the Secretary to determine whether a country can provide reasonable assurances that the food supply of the country meets or exceeds the safety of food manufactured, processed, packed, or held in the United States.
(Sec. 306) Directs the Secretary to develop a comprehensive plan to expand the technical, scientific, and regulatory capacity of foreign governments and food industries from which foods are exported to the United States.
(Sec. 307) Authorizes the Secretary to enter into arrangements and agreements with foreign governments to facilitate the inspection of registered foreign facilities. Requires the Secretary to direct resources to inspections of foreign facilities, supplies, and food types to help ensure the safety and security of the U.S. food supply.
Requires food to be refused admission into the United States if permission to inspect the food facility is denied by the facility owner, operator, or agent or the foreign country.
(Sec. 308) Sets forth provisions governing the establishment of a system to recognize bodies that accredit third-party auditors and audit agents to certify that eligible entities meet applicable FFDCA requirements for importation of food into the United States.
(Sec. 309) Requires the Secretary to establish offices of the Food and Drug Administration (FDA) in foreign countries to provide assistance to the appropriate governmental entities with respect to measures to provide for the safety of articles of food and other products regulated by the FDA that are exported by such countries to the United States.
(Sec. 310) Requires the Secretary to: (1) develop and implement a strategy to better identify sand prevent entry into the United States of smuggled food; and (2) notify the DHS Secretary not later than ten days after identifying a smuggled food that would cause serious adverse health consequences or death to humans or animals. Requires a press release to warn consumers and vendors about a potential threat from smuggled food if certain requirements are met.
Title IV: Miscellaneous Provisions - (Sec. 401) Authorizes appropriations for FY2010-FY2014 for the activities of the Center for Food Safety and Applied Nutrition, the Center for Veterinary Medicine, and related field activities in the Office of Regulatory Affairs of the FDA. Directs the HHS Secretary to increase the field staff of such Centers and Office.
(Sec. 402) Establishes whistleblower protections for employees of entities involved in the manufacturing, processing, packing, transporting, distribution, reception, holding, or importation of food who provide information relating to any violation of the FFDCA.
(Sec. 404) Declares that nothing in this Act shall be construed in a manner inconsistent with the agreement establishing the World Trade Organization or any other treaty or international agreement to which the United States is a party.
(Sec. 405) Requires the Secretary to update the Fish and Fisheries Products Hazards and Control Guidance to take into account advances in technology.
(Sec. 406) Requires the Secretary, acting through the Commissioner of Food and Drugs, to study the transportation of food for consumption in the United States, including an examination of the unique needs of rural and frontier areas with regard to the delivery of safe food.
Some words of wisdom from Ronald Reagan on political compromise:
When I began entering into the give and take of legislative bargaining in Sacramento, a lot of the most radical conservatives who had supported me during the election didn't like it.
"Compromise" was a dirty word to them and they wouldn't face the fact that we couldn't get all of what we wanted today. They wanted all or nothing and they wanted it all at once. If you don't get it all, some said, don't take anything.
I'd learned while negotiating union contracts that you seldom got everything you asked for. And I agreed with FDR, who said in 1933: 'I have no expectations of making a hit every time I come to bat. What I seek is the highest possible batting average.'
If you got seventy-five or eighty percent of what you were asking for, I say, you take it and fight for the rest later, and that's what I told these radical conservatives who never got used to it.
I am posting these words as a direct refutation to some of the supporters of Timothy Johnson for the position of NCGOP Chair since the announcement that Tom Fetzer will be stepping down on January 15, 2011.
Some of them have threatened to leave the Republican party [alternate link since Yelton deleted his comment from Facebook] and form a third party. I wish that they would, so that they might leave room for the adults to get something constructive done while they are at the Children's Table.
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