Just a point of clarification: the legislation will not go to the House to be voted on, it will go to a joint House-Senate 'conference committee' which will try to reconcile the differences between the version the House passed last year, and the version the Senate passed today. 

Apparantly the sponsors of the House bill have indicated that they may be willing to simply accept the Senate version in order to assure swift passage during a lame duck session in which they plan to deal with a number of other legislative issues. If the conference committee cannot reconcile the differences and send it to the President to sign before the new congress is seated, the bill will 'die', meaning it would need to be reintroduced and passed again by both chambers in the new congress.

Quoting "Morrone, Vicki" <[log in to unmask]>:

> Dear Colleagues,
> This email is 2 days old but it has the details of the passing of the 
> SB 510 and the  amendments that are included with it. Tomorrow, Wed, 
> . It should go to the house for voting. I am including info from 
> Comfood list serve and the Sustainable AG Coalition network listserv.
> Com Food listserv:
> On Tue, Nov 30, 2010 at 10:57 AM, Steve Gilman 
> <[log in to unmask]<mailto:[log in to unmask]> > wrote:
> S.510 PASSED the Senate73 to 25 with Tester intact.
> It's not over, however....
> Next: the House has indicated it will accept the senate version of 
> the legislation -- IF SO -- then to the President for signature...
> THEN: the Rulemaking phase where the legislation gets translated into 
> FDA regs. This is a critical stage to make sure the provisions we 
> have won make it into the on-the-ground regulations. There will be a 
> public comment phase....
> best,
> Steve
> Sustainable Ag Coalition Listserv:
>  Senate Bill 510..
> Food Safety Action Alert
> November 29, 2010
> Call Your Senators Today
> To Defend Family Farm Value Added - Processing and Local and Regional 
> Food Systems
> Debate and voting on The Food Safety Modernization Act (S. 510) is 
> set to begin on the Senate floor TODAY!   The bill takes important 
> steps to improve food safety rules that affect large food 
> corporations.  NSAC has fought hard to ensure that as we ramp up food 
> safety protections we don’t inadvertently do harm to  family farm 
> value- added processing and the growing investments in local and 
> regional food systems by imposing expensive, one-size-fits- all rules.
> As a result of grassroots mobilization and much negotiation this bill 
> now provides scale-appropriate food safety rules for small farms and 
> mid-sized farms and local processors that sell to restaurants, food 
> coops, groceries, wholesalers and at farm stands and farmers markets. 
>   All of these negotiated amendments are now part of what is called 
> the "Manager's amendment" that will be voted on tonight.
> Please call your Senators and ask them to Vote for the Manager’s Amendment
> It’s easy to call:  Go to 
><> and type in your zip code.  Click on your Senator’s name, and then on the contact tab for their phone number.  You can also call the Capitol Switchboard and ask to be directly connected to your Senator’s office: 
> 202-224-3121.
> The message is simple:   “I am a constituent of Senator___________ 
> and I am calling to ask him/her to vote for the Manager’s Amendment 
> to the Food Safety Modernization Act.  We need a food safety bill 
> that cracks down on corporate bad actors without erecting new 
> barriers to more local and regional food sourcing.  Size and practice 
> appropriate food safety regulation for small and mid-sized farms and 
> processors is vital to economic recovery, public health, and 
> nutritional wellbeing. “
> Background:
> Read our latest report:  A Sustainable Agriculture Perspective on 
> Food Safety. 
> <>
> What’s in the Manager’s Amendment?
> The Manager’s Amendment incorporates a wide variety of changes to the 
> bill that have been added since the measure was approved by the 
> Senate Health, Education, Labor and Pensions Committee late last 
> year.  All of these changes have been approved by both the Democratic 
> and Republican sponsors of the bill.  Among the changes are a number 
> of very important items for farmers, including the Tester-Hagan 
> amendment that would improve food safety outcomes by creating 
> size-appropriate requirements and less costly compliance 
> alternatives.  The Manager's Amendment will:
> (1)  Clarify existing law which says that farmers who direct market 
> more than 50% of their product to the consumer at the farm or at a 
> retail location off the farm such as a farm stand or farmer’s market 
> need not register with FDA.  This clarification is especially 
> important for off-farm retail locations such as farmers markets.
> (2)  Provides a size appropriate and less costly alternative to 
> Hazard Analysis and Critical Control Plans (HACCP) for farmers who:
>   *   Direct market more than 50% of their products directly to 
> consumers, stores or restaurants, and
>   *   Have gross sales (direct and non-direct combined) of less than 
> $500,000, and
>   *   Sell to consumers, stores, or restaurants that are in-state or 
> within 400 miles.
> Farmers who qualify must provide documentation that the farm is in 
> compliance with state regulations.   Documentation may include 
> licenses, inspection reports, or other evidence that the farm is in 
> compliance with State, local, county, or other applicable non-Federal 
> food safety law.  The farm must also prominently and conspicuously 
> display the name and address of farm/facility on its label.  For 
> foods without a label then by poster, sign, or placard, at the point 
> of purchase or, in the case of Internet sales, in an electronic 
> notice, or in the case of sales to stores and restaurants, on the 
> invoice.
> If there are no state regulations or if the farmer prefers a 
> different option, the farmer must provide FDA with documentation that 
> potential hazards have been identified and that preventive controls 
> have been implemented and are being monitored for effectiveness.
> (3)  Provides alternatives to the produce standards for farms that:
>   *   Direct market more than 50% of their products directly to 
> consumers, stores or restaurants, and
>   *   Have gross sales (direct and non-direct combined) of less than 
> $500,000, and
>   *   Sell to consumers, stores, or restaurants that are in-state or 
> within 400 miles.
> The farm must prominently and conspicuously display the name and 
> address of farm/facility on its label.  For foods without a label 
> then by poster, sign, or placard, at the point of purchase or, in the 
> case of Internet sales, in an electronic notice, or in the case of 
> sales to stores and restaurants, on the invoice.
> (4) An amendment sponsored by Senator Debbie Stabenow (D-MI) to 
> provide for a USDA-delivered competitive grants program for food 
> safety training for farmers, small processors and wholesalers.  The 
> training projects will prioritize small and mid-scale farms, 
> beginning and socially disadvantaged farmers, and small food 
> processors and wholesalers.  The grant program will be administered 
> by USDA’s National Institute for Food and Agriculture.
> (5) An amendment sponsored by Senator Michael Bennet (D-CO) to reduce 
> unnecessary paperwork and excess regulation required under the 
> preventative control plan and the produce standards sections of the 
> bill.  FDA is instructed to provide flexibility for small processors 
> including on-farm processing, to minimize the burden of compliance 
> with regulations, and to minimize the number of different standards 
> that apply to separate foods.  FDA will also be prohibited from 
> requiring farms and other food facilities to hire consultants to 
> write food safety plans.   The Bennet amendment applies to all small 
> farms and processors, not just those who direct market within 400 
> miles of their farms.
> (6) An amendment sponsored by Senator Bernie Sanders (I-VT) for farms 
> that engage in value-added processing or that co-mingle product from 
> several farms  gives the Food and Drug Administration (FDA) the 
> authority to either exempt farms engaged in low or no risk processing 
> or co-mingling activities from new regulatory requirements or to 
> modify particular regulatory requirements for such farming operations.
> (7) An amendment championed by Senator Barbara Boxer (D-CA) to strip 
> the bill of wildlife-threatening enforcement against “animal 
> encroachment” of farms is also in the manager’s package.  It will 
> require FDA to apply sound science to any requirements that might 
> impact wildlife and wildlife habitat on farms.
> (8) An amendment proposed by Senator Sherrod Brown (D-OH) will not 
> require small farmers to meet extensive traceability and 
> recordkeeping  if they sell food directly to consumers or to grocery 
> stores and allows labeling that preserves the identity of the farm to 
> satisfy traceability requirements.    The amendment also prevents FDA 
> from requiring any farm from needing to keep records beyond the first 
> point of sale when the product leaves the farm, except in the case of 
> farms that co-mingle product from multiple farms, in which case they 
> must also keep records one step back as well as one step forward.
> What happens next with S.510? (By Steve Gilman- NOFA-IC Policy Coordinator)
> First a Recap:
> After more than a year of negotiations, S.510, The Food Safety 
> Modernization Act finally cleared the Senate on November 30th, in the 
> final days of the lameduck session.
> Since the time is so short before the end of this Congress – the 
> House, who previously passed their own version of the bill (HR2749) 
> in 2009 – either has to accept this Senate version or work to 
> reconcile S.510 with their own version. At this point the process is 
> still unclear on how this will proceed – but it looks like the 
> Democratic leadership (who still hold the majority in this lame duck 
> session) may opt to quickly bring it to the House floor for a vote to 
> pass S.510 intact.
> IF the S.510 version is indeed accepted, (it’s not over until it’s 
> over) then it goes to the President who has said he’ll sign it and it 
> will become law.
> Then comes Rule-Making:
> Then there’s a lengthy rule-making process where the legislative 
> language in the bill is translated into on-the-ground FDA 
> regulations. This process is also heavily scrutinized – with 
> extensive lobbying from all sides. Although the intent of Congress is 
> open to some interpretation – the rules can’t stray too far from the 
> specific empowering language. And the draft rule has to undergo a 
> period of public comment before it is finalized.
> What about Funding?
> S.510 is an Authorization bill – meaning the legislation is 
> authorized but there’s no funding attached. By some estimates the 
> cost of this legislation could amount to some $1.4 billion (that’s 
> with a B) a year for FDA to ramp up the personnel, etc. to implement 
> the inspections of foreign imports and processors, along with 
> everything else they’re empowered to do.
> The funding for what FDA actually receives in any given year will 
> depend on the annual Appropriations process in the House. In this day 
> of pay-as-you-go rules in Congress, any money appropriated for one 
> initiative have to come out of another – although at this point tax 
> cuts (with subsequent loss of income to the US Treasury) don’t seem 
> to enter into this equation.
> The bottom line for small farmers is that in addition to the 
> beneficial protective provisions, including Tester, that the farm 
> coalitions managed to insert into S.510 is that FDA will not have 
> many resources for farm scrutiny – and may have to rely on the S.510 
> amendment by Senator Stabenow (who is slated to become the new chair 
> of the Senate Ag Committee in 2011) to fund training and education 
> for small farmers – a much better approach for achieving food safety 
> in the small farm sector than their one-size-fits-all regulations, 
> any day.
> Steve Gilman
> NOFA-IC Policy Coordinator

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