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House Votes to Outlaw State Food Safety Laws

Food Industry's Bill Now Goes to the Senate

March 9, 2006

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The House last night voted 283-139 to wipe out more than 200 state food safety laws, bowing to heavy food industry pressure for passage of the "National Uniformity of Food Labeling Act." The heavily-lobbied bill now goes to the Senate.

The House eagerly bowed to industry pressure, disregarding warnings from 37 state attorneys general, state health officials and consumer organizations.

Everything from state warning labels about carcinogens in baked goods, arsenic in bottled water, and toxins in shellfish would disappear under the measure's provisions.

The food warnings required by various states are an annoyance to the food industry, which portrays them as an outrageous, costly and unfair burden.

"This hodgepodge not only inhibits interstate commerce but it also drives up the cost for consumers. ... Business simply can not absorb these costs," argued Rep. Phil Gingrey (R-Ga.), one of the many co-sponsors of the measure.

Consumer and environmental advocates vehemently opposed the bill, as did officials from state agencies regulating agriculture, food and drugs. But the measure advanced to the House floor without benefit of public hearings after the food industry assembled more than half of the members of the House as co-sponsors.

"You have to ask yourself, why is this going on? What are they hiding from us? Why don't they want this bill to be held up to public scrutiny in hearings?" asked Rep. Henry Waxman (D-Calif.).

"States would be forbidden from adopting their own policies, even if the federal government has not acted on a particular area or adopted a particular warning," said the Association of Food and Drug Officials (AFDO) and the National Association of State Departments of Agriculture in opposing the bill.

The bill blatantly prohibits states from protecting their citizens against adulterated food, the groups said.

"State and local food safety officials are outraged by the pressure on Congress from multinational food conglomerates to cut back state powers in the food safety field," said Marion Aller, AFDO President.

"We are the first responders against food terrorism threats -- why handcuff the first responders who deal with food safety issues every day?" Aller asked.

AFDO said the legislation will virtually stop state and locals throughout the United States from taking any action concerning food adulteration until or unless first approved by FDA.

"So, when an Anthrax or other food attack occurs in the future, the first line of defense - state and local food safety teams - will be held back by the new mandate for federal control," Aller said.

The bill was softened slightly with amendments preserving states' rights to issue warnings about dietary supplements and mercury in fish.

Food Fight

Feelings were running high as lobbyists, food industry representatives and their Congressional proxies clashed with state officials and consumer representatives.

At a news conference, California Attorney General Bill Lockyer referred to Rep. Mike Rogers (R-Mich.) as a "dumbass." He later apologized.

"I was mad," Lockyer said. "I wish I hadn’t said that and I did apologize to him."

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