Adopted February 3, 2006
HR 4167 is proposed legislation that, on its face, purports to
mandate universal labeling in the food industry. The legislation
contains vague, but nonetheless troublesome language that expands the
focus of the bill far beyond this simple uniform labeling provision.
After a comprehensive legal analysis of this language, done in
cooperation with the Association of Food and Drug Officials (AFDO) and
numerous state and local food protection programs, NEHA became actively
involved in the response to this legislative proposal. Central to our
concern is the threat that H.R. 4167 will impose a federal preemption
of the statutory and regulatory authority of state/local food safety
and protection programs.
In recognition of the fact that this bill could have a fundamental
negative impact on the food protection programs in which thousands of
environmental health professionals work, NEHA has been tracking this
legislation over both this session and the past congressional session.
Through the NEHA Government Affairs program, we have worked with
congressional staff, and other associations to offer both comments and
amendments to the legislation that would address many of these
concerns. The passage of the bill out of its assigned committee in the
US House of Representatives, in its current form, prompted action by
the NEHA Board of Directors. Below is the text of a letter outlining
NEHA’s position on this legislation. This position has been conveyed to
the sponsor of the bill and to many other members of Congress. We
encourage you to review the letter and to contact your congressional
representatives.
Dear Representative _____________
I am writing to express the deep concerns that we have regarding H.R.
4167: "The National Uniformity for Foods Act of 2005". I
present our concerns on behalf of the Board of Directors and the
membership of The National Environmental Health Association (NEHA).
For sixty-nine years, NEHA has been the lead organization to represent
the tens of thousands of environmental health professionals who work in
public health programs throughout our nation. NEHA is a not-for-profit
professional society. We include within our membership
public/environmental health professionals who work at the federal,
state and local levels of government and in industry. A significant
portion of our membership practices environmental health in the area of
food safety and protection. These individuals staff and manage
thousands of food safety/protection programs through out the United
States that enforce and assure compliance with both local and state
food safety codes and regulations. These professionals, more than
any other group in our public health system, are responsible on a daily
basis for protecting our citizens from the illness and even death that
can occur from the consumption of unsafe and/or adulterated food.
For almost a century, our members have successfully managed local food
protection programs. One of the major reasons for our success over the
years owes to the meaningful and extensive collaboration we engage in
with both federal agencies (primarily the FDA, USDA, and CDC) and the
food service and manufacturing industries. These collaborations between
federal, state, and local agencies together with the food industry have
enabled us to develop these programs beyond the simple regulatory model
that they used to be. For example, our members now proactively engage
the food industry. This has led to more of an educational approach to
improved food safety practices within the United States.
These programs have continually evolved and improved largely because
they have had the autonomy to do so. The autonomy that these programs
operate within has also enabled them to adapt to particular local
circumstances that could otherwise impact their success. This autonomy
also affords them the opportunity to balance nationally recognized
standards with the flexibility required in their respective local
jurisdictions. It is the preemption of this local authority,
control and autonomy that is at the heart of our opposition to H.R.4167.
There is no question in our minds that the adoption of this
legislation, in its current form, will destroy the ability of state and
local food protection programs to identify and resolve situations
involving adulterated food products. It will also destroy our ability
to tailor these programs to the particular needs and circumstances of
the communities we serve. We are also deeply concerned that the
proposed legislation would remove the ability of local food safety
programs to appropriately respond to a terrorism event involving food.
In fact, we are concerned that local food safety programs would or
could be decimated by the federal program envisioned in this proposed
legislation.
The bill purports to establish uniform national food labeling
standards. Were that the only aim or effect of the legislation we would
not be taking this position. H.R. 4167 in our view, and in the view of
the Association of Food and Drug Officials (AFDO) as well as numerous
other public health and consumer protection organizations, goes far
beyond this uniform labeling standard. It will impose a federal
preemptive standard that will strip local and state food protection
programs of their statutory authority to remove contaminated foods from
the market place and to regulate food service operations consistent
with the circumstances of particular local communities.
We respectfully suggest that this is bad public health policy. It also
represents an unwarranted, though perhaps unintentional, intrusion into
our local and state food protection programs – which are today
responsible for effectively conducting 80% of the current food safety
work being done nationally. Moreover, these programs are being
implemented successfully! Why would we want to compromise them?
We urge caution before undertaking a congressionally mandated change in
a food safety system that works effectively, is responsive to the
nation’s needs and is in tune with local circumstances and
opportunities.
NEHA would be pleased to work with you and your colleagues in
addressing and correcting the deficiencies in this legislation. We look
forward to hearing from you and we appreciate your consideration of our
concerns.
Sincerely,
Ron Grimes, RS, MPH, DAAS
President, National Environmental Health Association
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