Panel Urges President Bush to Grant Recall Authority to FDA

WASHINGTON – An advisory commission created in response to concerns about recalls of dangerous toothpaste, dog food and toys will recommend to President George W. Bush that the U.S. government be allowed to order mandatory recalls of products deemed a risk to American consumers, an administration official said Monday.

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

The official said the CPSC would have greater recall authority, including the ability to stop products from entering the commerce stream, before unsafe or unreliable products end up on store shelves. He did not elaborate.

A third recommendation would establish 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 lack reputations for meeting certification standards.

Another proposal calls for focusing resources on riskier products, such as tires.

Bush will receive the recommendations Tuesday from the advisory commission established in July to study import safety. The panel was led by Health and Human Services Secretary 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 released.

The Food and Drug Administration, which is part of the Health and Human Services Department, 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 one-fourth of the money 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 it could face bad publicity if it should refuse teo withdraw the food. The new proposal would give the agency the authority to mandate a recall, and with it far more power. 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.