Give FDA power to order recalls, panel says

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Associated Press / November 6, 2007

WASHINGTON - An advisory commission created in response to concerns about recalls of dangerous toothpaste, dog food, and toys will recommend to President Bush that the Food and Drug Administration be empowered to order mandatory recalls of products deemed a risk to consumers, an administration official said yesterday.

The panel also will urge increasing the presence of US inspectors from Customs, the Border Patrol, the Consumer Product Safety Commission, and other agencies in countries that are major exporters to the United States.

If the recommendations are adopted, the official said, the Consumer Product Safety Commission would have greater recall authority, including the ability to stop products from entering the commerce stream - before unsafe or unreliable products end up on the shelves.

He did not elaborate.

A third recommendation calls for establishing a certification program - likened to a seal of approval - for firms with a proven track record for meeting safety standards.

The administration sees that as a powerful tool because it presumably would make certified suppliers more attractive to big retailers.

In addition, regulators would be able to concentrate on countries and companies that don't have a reputation for meeting certification standards.

Another proposal calls for focusing resources on riskier products - tires, for example.

Bush will receive the recommendations today from the advisory commission, established in July to study import safety. The panel was led by the secretary of Health and Human Services, Mike Leavitt.

Details of the commission's recommendations were disclosed by an administration official, speaking on condition of anonymity because the recommendations have not been publicly released.

The Food and Drug Administration, which is part of the Department of Health and Human Services, oversees the regulation of medical devices and more than $1 trillion annually worth of food, drugs, cosmetics, animal feed, and other products, which account for 25 cents of every dollar spent each year by Americans.

Currently, the FDA lacks the authority to order a recall of products when problems arise, but works with producers on voluntary recalls.

Often, the government gets a product recalled by warning the company that it could face bad publicity if it does not withdraw the item.

The new proposal would give the agency the authority to mandate a recall - giving it far more clout.

Congress would have to approve such a step.

The CPSC, which oversees the safety of consumer products, has come under fire in recent months amid a string of recalls involving lead in toys made in China.

Consumer groups and members of Congress have criticized the agency and its head, Nancy Nord, for not acting more quickly to get the items off store shelves.

Like the FDA, the CPSC works with industry to arrange voluntary recalls of hazardous products.

Leavitt has likened the finding of unsafe imports to finding the proverbial needle in a haystack.

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