Given my experience working and consulting with a broad spectrum of companies within the food industry, I believe the impact of the 2010 Food Safety Modernization Act will be largely negligible.
The reason is that the vast majority of food processors are highly committed to food safety, and have already adopted robust food safety systems. Moreover, most notable enhancements to food safety in recent years have been driven (and in my view will continue to be driven) by stringent customer requirements rather than by new legislation.
One of the most talked-about changes in the bill is the expansion of the FDA's enforcement powers to mandate recalls. Under current laws, all recalls are voluntary (even if strongly "urged" by FDA or USDA). Even this proposed change, however, will likely have minimal effect on industry.
The overwhelming majority of companies respond rapidly and responsibly in the event of a potential problem and thus, forcing a recall is rarely necessary in the first instance. My own sense is that, notwithstanding the new law, FDA will continue to "urge" recalls before they "mandate" them. This way, the agency can strongly recommend products be recalled without taking absolute responsibility for decisions regarding the specific products or scope in the event a mistake is made. The biggest potential pitfalls for companies lie in the risk that FDA defines recall parameters that are overly-broad in scope or, worse, compels a recall without solid epidemiologic evidence to support it.
With all that said, I am excited about the proposed improvements in national food-borne illness surveillance and traceability. These efforts will increase our ability to quickly detect potential problems and find quick solutions. Better surveillance and traceability will also, from a litigation standpoint, significantly enhance our confidence in outbreak investigations and our ability to respond appropriately to both meritorious and meritless foodborne illness claims.