More to worry about - spread the word - hidden in the FDA Globalization Act 2009 HR 759

From the Farm Stand to the Farmers Market - if you make food or cosmetics, the FDA wants to change your way of life

I've been putting these mini updates on Twitter and Facebook to the neglect of my blog. I'm going to start posting them here, too. Spread the word, and look for a more in-depth post in a few days.

1. The way the FDAGA2009 is written - it reads like there are no fees now, but they can set fees in a year or two. At their discretion.

2. The FDAGA2009 revised - allows an exemption for foodie small businesses (to be given special consideration because they are a small business) but NO exemption for cosmetic small businesses! Big trouble looming. More later.

3. T
he FDAGA09 will allow the FDA to force registration of farm kitchen goods for sale. Up til now, it was the USDA. TWO Federal agencies in your kitchen?

All artisan, craft and indie associations we can find will be contacted about this. If you can spread the word to foodies - breadmakers, chocolatiers, folks with farm kitchens that sell locally, farmers markets, etc.

There is a lot of concern that folks have been lulled into a sense of security falsely - there is still a great threat to small business folk who make cosmetics (all body care products) and food items.


  1. Hey Anya!

    I hope this post finds you doing well. Maybe I am missing something but I do not see where the FDA will set fees at their discretion in a year or two. What is the page and section number where this can be found in the HR759?

    I am still trying to grasp the fear of some cosmetic companies as to why registering their company and products is a bad thing. The information provided to the Voluntary Cosmetic Registration Program (VCRP) is no different than what is found on their product label.

    Help me understand why you feel there is still a great threat to the small cosmetic business because I am obviously missing what you are reading.

    Have a great day!

    Lisa M. Rodgers
    Cactus & Ivy

  2. Hi Lisa
    Thanks for commenting. We'll be releasing more details soon, but I'm not sure if we'll provide the level of detail you're asking for, not even in the letter to the committee. It's part of our working document at this time. I'm sure there are folks you know who are reviewing the newly-issued 166-page revision of the bill and they're finding the same stuff.

    We'll also address the objections to registration and GMP adherence - the big stumbling block being if you don't comply to one aspect, your entire line can be deemed "adulterated."

    The paperwork and testing requirement will be impossible for most small businesses to meet.

    The fact that farm kitchens, under the USDA right now will also be required to answer to the FDA is a huge bureaucratic burden on a previously All American way of life.

    The foodies must have gotten to the committee since they have an "out" - they'll be allowed discretionary treatment as a small business - the cosmetics people have no such "out" - so we're working on the wording of that in our letter.


  3. Hi Lisa:

    We're pulling out bits of the GMP right now, and we'll get to the fee issue within a week and provide the link, but in the meantime, here's a good reason for the one-person artisan or indie business to be concerned that they may have to shut down:

    I'll blog a bit more later today.


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