GAO Report shows need to change US Food Safety Systems

Full Report – https://www.marlerblog.com/files/2025/02/gao-25-107606.pdf

Although the U.S. food supply is generally considered safe, tens of millions of Americans get sick from foodborne illness every year, and some die, according to estimates from the Department of Health and Human Services’ (HHS) Centers for Disease Control and Prevention (CDC). In addition, according to CDC data, over 9,000 foodborne illness outbreaks were reported between 2011 and 2022 across all 50 states. Foodborne illness has widespread economic consequences, costing Americans an estimated $75 billion (in 2023 dollars) annually in medical care, lost productivity, and premature deaths, including those associated with secondary chronic illnesses and conditions that develop after the initial illness, according to a study by researchers from U.S. Department of Agriculture’s (USDA) Economic Research Service and collaborators.

At least 30 federal laws govern the safety and quality of the U.S. food supply, both domestic and imported. Collectively, 15 federal agencies administer these laws, including CDC, USDA’s Food Safety and Inspection Service (FSIS), and HHS’s Food and Drug Administration (FDA). The federal food safety oversight system is supplemented by states, localities, Tribes, and territories, which may have their own laws and agencies to address the safety and quality of food. Foodborne pathogens can be transmitted through multiple types of food and, therefore, can affect both FDA- and FSIS-regulated foods. For example, in 2024, two Salmonella outbreaks—one attributed to cucumbers, an FDA-regulated food, and one attributed to charcuterie meats, an FSIS-regulated food—collectively caused 650 confirmed illnesses and about 180 hospitalizations. We have long reported that the fragmented nature of the federal food safety oversight system causes inconsistent oversight, ineffective coordination, and inefficient use of resources.

Since 2007, we have identified federal oversight of food safety as a high-risk issue and made several recommendations and matters for congressional consideration. In 2017, we called for the Executive Office of the President to develop and implement a national strategy for overseeing food safety. As of January 2025, there were no plans to create a national strategy, according to officials from the Office of Management and Budget. We prepared this report at the initiative of the Comptroller General to assist Congress with its oversight of CDC, FDA, and FSIS’s roles in reducing foodborne illness. This report describes foodborne illness and how foods get contaminated, what is known about the magnitude of foodborne illness and associated foods, and federal goals associated with identifying and reducing foodborne illness.

• Foodborne illness in the U.S. is a serious and continuing problem. A forthcoming 2025 CDC study estimates that six pathogens—including Salmonella, Listeria monocytogenes, Campylobacter, Clostridium perfringens, Shiga toxin-producing Escherichia coli (STEC), and norovirus — cause about 10 million cases of foodborne illnesses annually in the U.S. These illnesses result in about 53,300 hospitalizations and over 900 deaths each year. Prior CDC estimates from 2011, which included a broader range of pathogens, indicate that over 3,000 people die and 128,000 are hospitalized each year due to foodborne illness.

• The precise magnitude of foodborne illness in the U.S. is unknown. According to CDC, only a small proportion of all foodborne illnesses are diagnosed and reported to public health authorities. For example, CDC has estimated that foodborne Salmonella causes 29 illnesses for each case that is detected through laboratory testing. A foodborne illness case may go undiagnosed if, for example, a sick person does not seek medical treatment. Additionally, CDC largely relies on public health authorities across the country to voluntarily report cases of foodborne illness in their jurisdictions, but some possible cases of foodborne illness may not be reported for various reasons. For example, according to CDC officials, some cases of foodborne illness may not be investigated or reported because of resource limitations at the state or local level.

• CDC, FDA, and FSIS have taken some steps to develop agency-specific and joint goals related to reducing foodborne illness. However, the most recently available data show that FDA and FSIS have not met their goals to reduce foodborne illness—in one case, by a wide margin. In addition, the Healthy People 2030 initiative sets joint-agency performance metrics to reduce foodborne illness through a working group that includes CDC, FDA, and FSIS officials. However, the working group has reported limited progress towards meeting these performance measures. For example, six metrics aimed at reducing foodborne illness outbreaks are still under development and do not have defined baseline data to identify targets and measure progress about 5 years into the 10-year Healthy People cycle.

• We previously reported on the need for a national strategy to guide federal efforts to address ongoing fragmentation and improve the federal food safety oversight system. This strategy could address our other previous matters for congressional consideration about government-wide performance plan and sustained leadership for federal food safety. We maintain that such a strategy could create an opportunity to further strengthen federal oversight of the nation’s food supply and reduce the economic and public health effects of foodborne illness.

Republished with permission from Bill Marler and Marler Clark. Copyright (c) Marler Clark LLP, PS. All rights reserved.