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September 5, 2000

Action Alert!

Stealth Bill in Congress Would Override State Food Labeling & Food Safety Laws

aka "Special Interest Legislation for the Grocery Industry"

About the bill

Who supports it

What you can do/Sample letter

About The National Uniformity for Food Act of 2000, S. 1155

Does your state have standards for irradiated food? Does it restrict the use of chemicals that cause cancer or birth defects in food products? Does it require labeling of foods with genetically modified organisms? Well, maybe it should, because many experts think that our national food safety standards fail to protect consumers. But, a bill that's moving through Congress would severely restrict the ability of state governments to set their own food safety standards.

Under the National Uniformity for Food Act of 2000, S. 1155, states would be allowed to set their own food safety standards for what products and ingredients can and cannot be used only if there is no federal standard in effect. States would not be allowed to institute any of their own requirements for food labeling. States with existing food safety and food labeling standards could petition the federal Food and Drug Administration (FDA) for permission to continue to implement those laws if there is undue burden on interstate commerce, but no new state standards would be allowed.

The Center for Science in the Public Interest has compiled a list of laws and regulations that could be affected by the Senate bill. In addition to California's Proposition 65, they include laws in at least 17 states, including California, Florida, Illinois and Texas, that allow them to set tolerances for food additives that are more stringent than FDA standards.

For example, California's Proposition 65, requires a warning label on all products that contain cancer-causing agents or substances that are toxic to the reproductive system. After the law was imposed, the state used it to force manufacturers to reduce lead levels in calcium supplements.

If S. 1155 becomes law, states could not ban or regulate:

* Food products treated with irradiation--because federal standards allow irradiation.
* Toxic ingredients, such as pesticide residues or chemicals that cause cancer or birth defects.
* "Adulterated" foods. State laws in Illinois and Pennsylvania that regulate processing methods that increase the risk of contaminating eggs would be invalidated.
* Drug use in livestock, even antibiotics also used in humans.
* Food containers that include dangerous substances, such as plastics that are unsafe when they come into contact with food.
* States could not require labeling for GMOs, irradiated foods, foods containing chemicals that cause cancer or birth defects, warnings of dangerous interactions between drugs, etc.
* States could not require labeling of geographic origin (such as country of origin).

Who supports S. 1155

A coalition of industry groups led by the Grocery Manufacturers of America
has been pushing for passage of the legislation for at least a decade. On June 29, 2000, S. 1155 was passed by the Senate Agriculture Committee by a voice vote, with no hearing. Senator Pat Roberts (R-KS), the sponsor of S. 1155, has said that he plans to attempt to attach S. 1155 to a bill that Congress must pass before it adjourns, such as one of the 13 bills that will fund the federal government in fiscal year 2001. If Roberts is successful, S. 1155 could pass into law with no debate, no roll call votes and no input at all from the House of Representatives or the Clinton Administration!

S. 1155 has the following 36 cosponsors:

Abraham, Spencer
Allard, Wayne
Ashcroft, John
Baucus, Max
Brownback, Sam
Bunning, Jim
Burns, Conrad R.
Cleland, Max
Cochran, Thad
Conrad, Kent
Coverdell, Paul
Crapo, Michael D.
Daschle, Thomas A.
Enzi, Michael B.
Fitzgerald, Peter G.
Gorton, Slade
Grams, Rod
Grassley, Charles E.
Gregg, Judd
Harkin, Tom
Helms, Jesse
Hutchinson, Y. Tim
Inhofe, James M.
Johnson, Tim
Kerrey, J. Robert
Lincoln, Blanche
Lugar, Richard G.
McConnell, Mitch
Reid, Harry M.
Roberts, Pat (sponsor)
Robb, Charles S.
Santorum, Rick
Sessions, Jeff
Shelby, Richard C.
Smith, Gordon
Warner, John W.

A similar bill has been introduced in the House, H.R. 2129, sponsored by Representative Richard Burr (R-NC), with 112 cosponsors.

To see a complete list of cosponsors for both bills, go to http://thomas.loc.gov, and search "Bill Summary and Status" for S. 1155 and H.R. 2129.

What you can do/Sample letter

1. Call your state's Congressional delegation and ask them to oppose the
National Uniformity for Food Act of 2000, S. 1155 and H.R. 2129. If they
have cosponsored one of the bills, ask them to remove their name. Any
member of Congress can be reached at the U.S. Capitol Switchboard at
202/224-3121 or find their office phone at House members or Senators.

2. Call Senator Roberts, Senate Majority Leader Trent Lott (R-MS) and Senate
Minority Leader Tom Daschle (D-SD) and tell them that you oppose the
National Uniformity for Food Act, and insist demand a public debate and
Congressional hearings before the bill moves forward.


SAMPLE LETTER

Date

Re: S. 1155 "National Uniformity for Food Act"

Dear Senator X:

As your constituent I ask you to vote AGAINST S.1155. This bill would not permit states to label or regulate foods, despite the wishes of the state legislatures. S. 1155 suppresses states' rights for the convenience of the grocery industry. S. 1155 is an example of federal power at its worst, and a gross insult to Americans.

I want my state to be able to have tougher labeling laws and food regulations than the federal standard. State laws and regulations have led to better consumer protections, because states can respond faster to new science, and to the wishes of the citizens.

Please vote against S.1155. I would like to receive a response in writing.

Yours truly,

Name and address


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