Mr. Chairman, I would like to clarify the scope of preemption under H.R. 4167, because some confusing and misleading things have been said on this subject. While I have great respect for the Association of Food and Drug Officials,…
Mr. Chairman, I would like to clarify the scope of preemption under H.R. 4167, because some confusing and misleading things have been said on this subject. While I have great respect for the Association of Food and Drug Officials, especially for the work its members do at the state level, I would specifically like to clarify some mistaken points the group made in a letter dated January 16th of this year. This letter stated that H.R. 4167 would preempt state laws on food sanitation, including milk sanitation statutes on the books in Minnesota and most other states. This is not the case. The bill we're considering today would not preempt state food sanitation standards.
H.R. 4167 only provides for federal preemption of certain requirements of the Federal Food, Drug, and Cosmetic Act, or FFDCA, and these are specified in the legislation. If a requirement of the FFDCA is not specified in H.R. 4167, then it will not be preempted by H.R. 4167, and states can establish or maintain requirements that are different from federal ones. This is the case when it comes to sanitation. Again, Mr. Chairman, states would still be free to enact state sanitation standards that are not identical to federal sanitation standards.
Even if H.R. 4167 did preempt state laws on food sanitation, which it again does not, it would still not preempt state milk sanitation laws. Through this bill, for preemption to be found in general, there must be a conflict between a state law and a federal requirement of the FFDCA or certain other federal laws and regulations. But in the case of milk sanitation, there is no federal law or regulation for a state law to conflict with. There are only the FDA definitions of ``pasteurized'' and ``ultra-pasteurized'' milk, which are agreed upon by agencies at all levels of government and the entire dairy industry, and the general manufacturing practice regulations applicable to all foods. Along these lines, Mr. Chairman, I ask that the dairy industry's letter of support for H.R. 4167 be included in the Record following my remarks.
These were conscious decisions made by the authors of H.R. 4167, decisions that, I think it is safe to say, are certainly agreed upon by the over 225 cosponsors of this bill, including myself. We recognize that states have often been at the forefront of regulating food sanitation, and for this reason, one of our legislative intents through this bill was that food sanitation standards should not and would not be preempted.
February 28, 2006.
Members of the House of Representatives,
Washington, D.C.
Dear Representatives: America's dairy producers and
processors urge you to vote for H.R. 4167, the ``National
Uniformity for Food Act of 2005.''
The International Dairy Foods Association (IDFA) and the
National Milk Producers Federation (NMPF) support H.R. 4167,
a bill to amend the Federal Food, Drug and Cosmetic Act in
the areas of food safety tolerance setting and warning
labeling because it takes a measured, science based approach,
to achieve labeling uniformity. The bill contains a method
for the orderly review and harmonization of existing state
food safety adulteration laws and warnings as they relate to
Federal law. No existing state labeling law would be
preempted without this review and state requirements under
petition would stay in effect during that review.
H.R. 4167 recognizes that it makes no sense to have a ``patchwork quilt'' of different states adopting different regulatory requirements on identical food product labeling. National uniformity in food laws is actually the norm, not the exception. All meat and poultry regulated by the U.S. Department of Agriculture (USDA) have national uniformity under the Federal Meat Inspection Act and the Poultry Products Inspection Act. The Nutrition Labeling and Education Act (NLEA) of 1990 established uniform nutrition labeling requirements on manufactured foods. In addition, the Food Quality Protection Act (FQPA) of 1996 included a uniformity provision for pesticide tolerance standards in food products. H.R. 4167 completes the job by establishing national uniformity for food additives and warning labels.
H.R. 4167 enjoys the support of 227 bipartisan co-sponsors and was reported by a bipartisan vote from the Energy and Commerce Committee on December 15,2005. America's dairy industry believes consumers deserve a single standard when it comes to food safety, and this bill will allow states and the Food and Drug Administration to work collaboratively in establishing sound food safety labeling policies that benefit, not confuse consumers. We urge your vote for H.R. 4167.
Sincerely,
Connie Tipton,
President and CEO, International Dairy Foods Association.
Jerry Kozak,
President and CEO, National Milk Producers Federation.