dr. tom moore and his colleagues. >> i think the public has an expectation, i think a reasonable expectation, that when they come to the hospital, that the food that's given to them is safe. >> reporter: they had been sickened by contaminated blue bell ice cream. porter survived the infection, ettiger did not. >> did our food safety system fail richard porter and tina ettiger? >> i believe it did. >> reporter: fda record show blue bell's own testing found listeria in its oklahoma plant as far back as 2013. the laws at the time did not require blue bell to share that information with regulators. michael taylor is the fda deputy commissioner for foods. do the current laws do enough to protect the most vulnerable americans. >> we don't think they do enough to protect all americans. that's why we have the 3,000 deaths annually from a wide range of pathogens. >> reporter: taylor says that will change with the implay men taegs of the food safety modernization act, the first overall of u.s. food safety laws in more than 70 years. the kind of practices we saw in the facility are what the new food sa

dr. tom moore and his colleagues. >> i think the public has an expectation, i think a reasonable expectation, that when they come to the hospital, that the food that's given to them is safe. >> reporter: they had been sickened by contaminated blue bell ice cream. porter survived the infection, ettiger did not. >> did our food safety system fail richard porter and tina ettiger? >> i believe it did. >> reporter: fda record show blue bell's own testing found listeria in its oklahoma plant as far back as 2013. the laws at the time did not require blue bell to share that information with regulators. michael taylor is the fda deputy commissioner for foods. do the current laws do enough to protect the most vulnerable americans. >> we don' think they do enough to protect all americans. that's why we have the 3,000 deaths annually from a wide range of pathogens. >> reporter: taylor says that will change with the implay men taegs of the food safety modernization act, the first overall of u.s. food safety laws in more than 70 years. the kind of practices we saw in the facility are what the new food saf

dr. tom moore and his colleagues. >> i think the public has an expectation, i think a reasonable expectation, that when they come to the hospital, that the food that's given to them is safe. >> reporter: they had been sickened by contaminated blue bell ice cream. porter survived the infection. ettiger did not. did our food safety system fail richard and tina? >> i believe it did. >> reporter: blue bell's own testing found wisteria in its oklahoma plant as far back as 20 20 -- 2000. the laws at the time did not require them to report what they found. >> do current laws do enough to protect americans? >> we don't think they do enough to protect all americans. that's why we have the 3,000 deaths annually from a wide range of path -- pathogens. >> reporter: taylor says that will change with the implementation of the food safety act. the first overhaul in food safety laws in more than 70 years. >> the kind of practices that we saw is what this law is intended to prevent. >> you're going from reactivity to prevention. >> exactly. that's the paradigm shift. >> reporter: that shift started this fall