Give the FDA recall power, a panel is expected to urge

WASHINGTON â€”  An advisory commission created in response to concerns about recalls of dangerous toothpaste, dog food and toys will recommend to President Bush that the Food and Drug Administration be empowered to order mandatory recalls of products deemed a risk to consumers, an administration official said Monday.

Currently, the FDA lacks the authority to order recalls but works with producers on voluntary recalls. The proposal would give the agency far more clout.

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 Consumer Product Safety Commission would have greater recall authority, including the ability to stop products from entering the commerce stream before unsafe or unreliable products ended up on the shelves. He did not elaborate.

Another recommendation calls for establishing a certification program -- likened to a seal of approval -- for firms with a 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 don’t have a reputation for meeting certification standards.

Another proposal calls for focusing resources on riskier products -- tires, for example.

Bush will receive the recommendations today 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 who spoke on condition of anonymity because the recommendations had not been publicly released.

The Food and Drug Administration oversees the regulation of medical devices and more than $1 trillion annually worth of food, drugs, cosmetics, animal feed and other products. These account for 25 cents of every dollar spent each year by Americans.

Currently, the government generally effects a recall by warning the company that it could face bad publicity if it does not withdraw the item.

Congress would have to approve the proposal to give the agency the authority to mandate a recall.

The Consumer Product Safety Commission 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 items off store shelves. Like the FDA, the CPSC works with industry to arrange voluntary recalls of products.

Leavitt has likened finding unsafe imports to finding the proverbial needle in a haystack.