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Congress Set to Scrap State Food Safety Laws

March 6, 2006

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Legislation that would nullify many food safety laws and prevent states from issuing warnings about groceries is poised for passage through the U.S. House of Representatives this week despite concern that it could endanger human health.

A number of state attorneys general and consumer groups are mounting a last-ditch effort to block passage of HR 4167.

So far, 39 attorneys general, environmental groups, state officials, and consumer advocates have called upon House leaders to reject the proposal, which effectively eliminates the ability of states to govern food safety. The state officials have called the bill a threat to food safety and state's rights.

National Uniformity for Food Act of 2005 would amend the Federal Food, Drug, and Cosmetic Act (FFDCA) to "prohibit any state or political subdivision from establishing or continuing in effect for any food in interstate commerce:

(1) any requirement that is not identical to specified FFDCA provisions (that would result in materially different requirements), including those related to adulterated foods, unsafe food additives, and new animal drugs; or

(2) any notification requirement that provides for a warning concerning the food's safety that is not identical to FFDCA provisions."

The House is currently scheduled to vote on Wednesday to pass HR 4167 and send it to the Senate for final action. The Congressional Budget Office estimates that the measure would cost taxpayers more than $100 million, but notes that bill is so vaguely written that its costs and effects are difficult to predict.

"The scope of the state and local regulations that would be affected by the legislation is ambiguous," the CBO report declares. "For example, it is unclear whether certain provisions of the legislation would preempt only state and local requirements dealing with food labeling or whether the preemption would apply more broadly to other food safety requirements."

Among the organizations lobbying against the measure are the Natural Resources Defense Council, National Environmental Trust, Center for Science in the Public Interest, and Consumer's Union. However, passage in the House is all but assured, as the measure has 227 cosponsors.

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