The final Enrolled Senate (ES) version of S-510 (the Food Safety Modernization Act) has now been released by the Government Printing Office. Readers are referred to our previous post on the constitutional violation contained in the ES version of S-510. This drafting error has probably precluded the passage of Food Safety legislation in the 11th Congress.

With the days counting down to Recess, it now looks increasingly unlikely that the 111th Congress will complete work on a Food Safety Bill. In that case, the legislation will likely be introduced again in the 112th Congress which will be sworn-in on January 4 or 5 of 2011. With major changes in the composition of Congress after the 2010 elections, it is likely that future legislation will not provide the same level of authority for USFDA as has been proposed in S-510 and HR-2749 (the Food Safety Enhancement Act). It is also likely that additional protections for small-businesses and farms (such as the proposed Tester Amendment) will be included in future legislation.

Readers are reminded than an enrolled bill is the final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate House and Senate officials, and submitted to the President for signature.

The version posted below is the Enrolled Senate version as passed by the Senate on November 30. Students of the legislative process will find this document useful for insight into current thinking in the Senate. Detailed study for compliance purposes is not warranted at this time since it is quite unlikely that this will be the final text of any future enrolled bill that may be produced by the 112th Congress.