The FDA Food Safety Modernization Act (FSMA), enacted in January  2011, gives FDA new authorities to improve its ability to oversee the  safety of imported foods. According to NMFS officials,  FSIS did not adequately demonstrate that Salmonella was a significant  problem with catfish because data are not available to confirm this  hazard. FSIS’s Proposed Program Mirrors Existing Programs, Introducing Overlap and Inefficiencies

FSIS’s proposed catfish inspection program would further divide  responsibility for overseeing seafood safety and introduce overlap at  considerable cost. In reviewing the proposed catfish program, we identified  four areas that raise concerns about the potential for overlap or inefficient  use of resources if FSIS were to implement the catfish inspection  program: (1) similar HACCP requirements, (2) inspection overlap and  unnecessary frequency of inspection, (3) inconsistent oversight of  imported seafood, and (4) the cost of implementing FSIS’s catfish  inspection program. With the implementation of FSIS’s catfish  inspection program, facilities that process only catfish may be inspected  by FSIS and NMFS, and facilities that process both catfish and other  seafood may be inspected by all three agencies—FSIS, FDA, and NMFS. FDA officials told us FSIS’s continuous monitoring approach is  counter to HACCP-based requirements for seafood and not based on  risk. However, FSMA gives FDA  authority to establish a system to accredit third-party auditors, including  foreign governments, to take responsibility for certifying seafood  processors or seafood meets FDA regulatory requirements. With comparability assessments, FDA can leverage  the work of foreign governments whose food safety systems FDA has  determined provide protections that are comparable to those of the U.S.  food safety system. FSIS estimates that the implementation of its  proposed catfish inspection program would cost the federal government  and industry an additional $14 million annually. Moreover, FSIS would  oversee a small fraction of all seafood imports to the United States— about 3 percent—while FDA, using its enhanced authorities, could  undertake oversight of all imported seafood. Conclusion

To implement the catfish inspection requirement in the Farm Bill, FSIS  has proposed a program that seeks to mitigate the primary food safety  hazard most associated with domestic and imported catfish, which FSIS  identified as Salmonella. With FDA’s new  authority under FSMA, the federal government has an opportunity to  enhance the effectiveness of the food safety system of all imported  seafood, including catfish, and avoid the duplication of effort and costs  that would result from FSIS’s implementation of its proposed catfish  inspection program. Matter for Congressional Consideration

To enhance the effectiveness of the food safety system for catfish and  avoid duplication of effort and cost, Congress should consider repealing  provisions of the Farm Bill that assigned USDA responsibility for  examining and inspecting catfish and for creating a catfish inspection  program. USDA added that it is committed to completing the  rulemaking process on catfish inspection in a manner that is consistent  with the 2008 Farm Bill provisions.
Why GAO Did This Study

Since 2007, federal oversight of food safety has been on GAOs list of highrisk areas, largely because of fragmentation that has caused inconsistent oversight, ineffective coordination, and inefficient use of resources. The Food, Conservation, and Energy Act of 2008 (Farm Bill) further fragmented the food safety system by directing FSIS to issue catfish inspection regulations. FSIS prepared a risk assessment to determine risks associated with catfish and identified Salmonella as the primary food safety hazard in catfish. The Farm Bill split responsibility for seafood safety between FSIS, for catfish inspection, and FDA, for seafood generally; in addition, NMFS provides fee-for-service inspections of seafood-processing facilities. GAO was asked to examine FSISs proposed catfish inspection program.

What GAO Found

Salmonella was a problem with catfish.
With the implementation of FSISs proposed catfish inspection program, responsibility for overseeing seafood safety would be further divided and would duplicate existing federal programs at a cost. Under FSISs proposed program, processers would implement written sanitation and hazard control plans; FSIS would conduct continuous inspections of domestic catfish processing; and for imported catfishwhich equal about 3 percent of all seafood importsforeign countries would need to demonstrate equivalence to U.S. standards. According to FSIS, implementing this program will cost the government and industry about $14 million annually. If FSISs proposed program were implemented, GAO expects it would cause duplication and inefficient use of resources in several key areas. First, the program requires implementation of hazard analysis plans that are essentially the same as FDAs hazard analysis requirements. Second, if the program is implemented, as many as three agenciesFDA, FSIS, and NMFScould inspect facilities that process both catfish and other types of seafood. Both FDA and NMFS officials stated that continuous inspection will not improve catfish safety and is counter to the use of FDAs hazard analysis requirements, in which systems are most efficiently monitored periodically rather than daily. Third, the FDA Food Safety Modernization Act (FSMA) gives FDA authority to establish a system to accredit third party auditors, including foreign governments, to certify imported seafood meets FDA regulatory requirements. FDA officials stated that this new authority complements FDAs existing authority to obtain assurances about the safety of seafood exports from countries with food safety systems FDA determined are comparable to the United States. Under these systems more than catfish could be covered. With FDAs new authority under FSMA, the federal government has an opportunity to enhance the safety of all imported seafoodincluding catfishand avoid the duplication of effort and cost that would result from FSISs implementation of its proposed program.

What GAO Recommends

Congress should consider repealing provisions of the Farm Bill assigning USDA responsibility for catfish inspection. USDA stated it is committed to completing the rulemaking process on catfish inspection consistent with the 2008 Farm Bill provisions.