Small Food Producers Question Greater FDA Powers

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What also upsets many small food producers is what Doreen Hannes refers to as "the Big Brother" aspects of the new legislation. For example, the FDA will have authority under the legislation to inspect the business records of food producers at any time, free of the current limitation that requires a reasonable belief that adulterated food is being sold. According to the Farm-to-Consumer Legal Defense Fund, "FDA would now be empowered to go on a 'fishing expedition' and search records without any evidence whatsoever that there has been a violation."

In response, the FDA spokesperson explains: "Routine access to records is a critical element to the shift to a modern preventive controls system. Looking at records is how FDA inspectors will assess compliance with preventive controls requirements. This authority will not be used for 'fishing expeditions'."

For Destandau, the latest federal efforts to crack down on food producers is part of a long-term trend. When he started in business in 2003, he had one inspector to deal with, from the California Food & Agriculture Dept. Now he deals with more frequent and costlier inspections from both the CDFA and the county health department. As Destandau contemplates the addition of FDA inspectors, he considers leaving the U.S. entirely. "Right now, we are seriously looking at moving to Australia," he says.

David Gumpert is a journalist who blogs regularly about the business of health and has written a number of books about small business and entrepreneurship, including "Burn Your Business Plan!" His new book, "The Raw Milk Revolution," is due out in November.

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