Providing For Further Consideration Of H.R. 4167, National Uniformity For Food Act Of 2005
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the bill before us addresses a fictional problem. Simply put, the Nation's largest food companies think that States are giving consumers too much information about the…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the bill before us addresses a fictional problem. Simply put, the Nation's largest food companies think that States are giving consumers too much information about the food they use to feed their families.
Along with the corporate lobbyists who wrote this bill, and we all know who they were because the paper printed them this week, these companies think it is wrong that States tell people when the bottled water on their supermarket shelves has high levels of arsenic.
They think it is wrong to inform a pregnant woman that eating mercury-laden fish could do serious damage to a fetus. And what about letting people know that their ground beef was treated with carbon monoxide? That apparently is wrong too. And I want to elaborate on that for just a moment. Many stores now buy their meat from common suppliers instead of having their own butchers at hand. In order to keep it looking fresh and looking better for a longer time, they treat it with carbon monoxide. You know, if you die from carbon monoxide poisoning, you turn a nice, bright, pink-red, which is what their meat does, and then they can keep it even for months. I saw a picture of one from November that it looked like it had just been butchered yesterday.
That is apparently wrong too. Do you want to eat that?
They want us to buy more and think less about health and safety and that alone is the motivation behind this bill. Supporters of the bill claim all they want to do is to make consumer protections the same for all Americans. But that is not what this bill will do. Most States already give their citizens much more information about the food than the Food and Drug Administration even requires. In fact, 80 percent of the food safety work performed in the United States is done by State and local officials. They are the ones with the expertise, the on-the- ground experience, and are needed to keep consumers safe, and they have been doing a good job. But this law will allow the FDA to invalidate State labeling laws and apply their own lower standards nationwide.
Listen, mothers, this is important. The consequences of this bill are going to be drastic. Within a matter of months, 200 State food safety laws will be wiped off the books. Will they be the ones that protect your child from an asthma attack or from dyes that would hurt them?
The experienced State health officials who want their regulations back are going to have to come, hat in hand, to the FDA and ask for permission to give their States more information than the Federal Government requires, which is paltry. They will have to plead with the FDA bureaucrats to keep the food safety laws in place, laws that their own legislatures and citizens have already established. In other words, they would have to seek approval from an agency that does not keep us safe anymore, an agency that cannot meet its current workload, and that, as we all know, has been in the business of approving drugs that turned out to be killing people and had to be removed from the market.
Now, I grew up believing that the FDA took care of me. And that was a lot like believing in the Tooth Fairy and Santa Claus, because if I have learned one thing in the last 5 years, it is the FDA cannot do that. But suddenly the party of States' rights and small government wants to forget about both. Instead, it wants to send quality State regulations that are protecting Americans into a bureaucratic black hole.
Mr. Speaker, the people and organizations most concerned about the safety of our Nation's food stand in strong opposition to this bill. Attorneys General and public health and safety officials from all over the United States, in fact most of them, if not all of them, have come out against it and begged us not to pass it. In fact, the Association of Food and Drug Officials recently wrote a letter to the Representative who sponsored this bill, asking him to reconsider his own legislation.
He said, ``Members of the AFDO are State and local governments with no profit motive.'' That is the key here. These people have no profit motive, merely a public health concern, who feel strongly that the legislation will gravely impair State and local authorities' ability to protect their constituents.
Mr. Speaker, that letter is as follows:
The National Association of State Departments of
Agriculture,
Washington, DC, February 27, 2006.
Dear Members of Congress: The National Association of State
Departments of Agriculture (NASDA) is writing to reiterate
our concern and strong opposition to H.R. 4167, the National
Uniformity for Foods Act. NASDA represents the commissioners,
secretaries and directors of the state departments of
agriculture in the fifty states and four territories.
The House is scheduled to vote on H.R. 4167 this week and
we urge you to oppose this legislation. The state departments
of agriculture are very concerned that this bill goes far
beyond its stated purpose of providing uniform food safety
warning notification requirements and greatly expands federal
preemption under the Food, Drug and Cosmetics Act. Such
additional preemptions would seriously compromise our ability
to enact laws and issue rules in numerous areas of food
safety. Specifically, we believe the bill as currently
written threatens existing state food safety programs and
jeopardizes state/
federal food safety cooperative programs such as those
related to Grade A milk, retail food protection and shellfish
sanitation.
As you know, the current food safety regulatory system in
the United States is the shared responsibility of local,
state and federal partners. Approximately 80% of food safety
inspections in the nation are completed at state and local
levels. It is imperative that states have the right to act
quickly to address local and statewide public health concerns
that cannot be anticipated or are not adequately addressed
nationally. In addition, our existing food safety system
forms the first line of defense against the threat of a
terrorist attack against our nation's food supply. Passage of
this legislation will undermine the authority of state laws
and programs that address adulterated foods, including animal
feed, commodity laws and other food defense programs.
NASDA firmly believes the preemption of state and local
food safety programs would leave a critical gap in the safety
net that protects consumers. We call on Congress to hold
hearings to discuss these critical issues and seek full input
from state and local partners in the food safety system.
NASDA would welcome the opportunity to discuss ways the bill
could be amended to achieve its intent while limiting the
impact on critical food safety regulatory programs at the
local and state levels.
Now is not the time to pass H.R. 4167 and we urge you to
oppose this legislation until these important issues are
addressed.
Sincerely,
J. Carlton Courter III,
President.
As is often the case, the bill before us does more than provide just another example of how private interests trumped the public good in today's Congress. It also shows us how broken and undemocratic our political system has become. No hearings were held on this legislation. No State and no local public health officials were called to testify about it, even though they offered.
Both the National Association of State Departments of Agriculture and the Association of Food and Drug Officials expressed their willingness to talk to Congress about the issue, but they were turned away. These dedicated public servants were ignored because this legislation could never have withstood proper scrutiny. It was written with special interests in mind, not the public interests, pure and simple.
Last year the majority pledged honest and immediate reform of the way Congress wrote its bills, because when the public caught on to what was going on here, there was a great outcry. And yet here we are, in a new year, doing the very same thing: handing over the public interests to private corporations.
I wish we had an open and democratic process in this House. We need to stop passing bills that hold the public interest in contempt, and we need to start today. I urge my colleagues to oppose this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentleman from Tennessee (Mr. Cooper).
Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from Michigan (Mr. Stupak).
Mr. Speaker, I yield myself 30 seconds to say to my friend that there is a far cry between lemon juice, as Mr. Stupak said, and carbon monoxide. Let me tell you, if you believe the FDA, ask the people who took Vioxx. They do not have a very good record over there.
But the idea of putting carbon monoxide on there is to hide the fact that the meat is on the verge of spoilage. I do not want to feed it to my family, nor should you want to feed it to yours.
His list of people who support it have the profit motive that the attorneys general and the State consumer representatives all told us was the difference between them and his supporters.
Mr. Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. Hoyer).
(Mr. HOYER asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I am pleased to yield 3\1/2\ minutes to the gentleman from California (Mr. Waxman).
Mr. Speaker, I yield 30 seconds to the gentleman from California (Mr. Waxman).
Mr. Speaker, I yield 2 minutes to the gentleman from New York (Mr. Hinchey).
Mr. Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I am pleased to yield 3 minutes to the gentlewoman from Pennsylvania (Ms. Schwartz).
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from California (Mr. Waxman).
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I will be asking for a ``no'' vote on the previous question, so that I can amend the rule to give the House an opportunity to vote today, up or down, to block the President's plan to turn over our Nation's ports to a government run by the country of Dubai.
Mr. Speaker, I ask unanimous consent to insert the text of the amendment and extraneous materials immediately prior to the vote on the previous question.
Mr. Speaker, my amendment provides that immediately after the House adopts this rule, it will bring up legislation that stops the President from moving forward with his deal to transfer operations at a number of our Nation's busiest ports to a company owned by the United Arab Emirates.
Mr. Speaker, now more than ever, we need to ensure that Congress has a voice in the outcome of this potentially dangerous and secretive deal.
On Monday of this week, Great Britain's highest court refused to consider an objection to the purchase of the British shipping company by Dubai, thus clearing the way for the sale and potential takeover of American ports by this company. Additionally, and many people may not know this, news reports this week have revealed that the contract negotiated by the Bush administration would impact more than just the six ports mentioned in
the initial reports. It would affect at least 22 ports in the United States.
The more we learn about the agreement, the worse it gets, and the clock is ticking on this deal and we must not allow more time to go by without taking any action in this body.
Mr. Speaker, I include for the Record a listing of ports that make up the 22 ports.
Dubai Deal Now Includes 22 Ports
Washington.--The $6.8 billion deal British courts approved
today putting a Dubai-owned company in charge of significant
operations at six U.S. ports, also gives the company a lesser
role in other dockside activities at 16 other American
seaports. By purchasing London-based Peninsular and Oriental
Steam Navigation, DP World bought the publicly traded British
firm's concessions to manage and operate some cargo or
passenger terminal facilities in New York, New Jersey,
Baltimore, New Orleans, Miami and Philadelphia.
The Department of Homeland Security has said DP World would
only operate and manage specific, individual terminals
located within six ports. Homeland Security says DP World
would operate one of Philadelphia's five terminals, not
including the port's single cruise ship terminal.
Last week, DP World formally submitted to an unusual,
broader security examination by the Bush administration over
the ports deal. Among the new cities included in the deal are
Camden, N.J. and Wilmington, Del.
Here is a list of all U.S. ports affected by the pending
sale of London-based Peninsular & Oriental Steam Navigation
Co. to Dubai-owned DP World:
BALTIMORE: Would manage and operate two of the port's 14
terminals.
BATON ROUGE, LA: DP Would run some stevedoring operations
at port's general cargo dock.
BEAMONT, TEXAS: Would run one of about six stevedoring
operations.
BOSTON: Operate Black Falcon Cruise Terminal with
Massachusetts Port Authority; would run stevedoring
operations at the Moran Automobile Terminal.
CAMDEN, N.J: Run some stevedoring operations, part owners
Delaware River Stevedores.
CORPUS CHRISTI, TEXAS: Operate some stevedoring operations,
part of joint venture, Dix-Fairway.
DAVISVILLE, R.I: Run some stevedoring operations.
FREEPORT, TEXAS: Run some stevedoring operations.
GALVESTON, TEXAS: Run stevedoring operations at one
terminal.
GULFPORT, MISS: Would become one of two stevedoring
companies.
HOUSTON: Work with stevedoring contractors at three of
port's 12 terminals.
LAKE CHARLES, LA: Operate some stevedoring operations.
MIAMI: Operate/manage with Eller & Company Inc., one of
three terminals; doesn't include Miami's seven cruise ship
terminals and would operate some stevedoring services.
NEWARK: Operate and manage one of the port's four
terminals.
NEW ORLEANS: Manage and operate two of the port's five
terminals and doesn't include chemical-plant terminals along
the Mississippi River.
NEW YORK: Manage and operate the New York Cruise Terminal.
NORFOLK, VA: Involved with stevedoring activities at all
five port terminals and would not manage any of the
terminals.
PHILADELPHIA: Operate one of five terminals and doesn't
include the port's single cruise ship terminal.
PORT ARTHUR, TEXAS: Operate as one of three stevedoring
companies.
PORTLAND, MAINE: Operate as one of stevedoring companies
serving Portland's terminals and take over crane maintenance
at one terminal.
TAMPA, FLA: Operate/manage terminals under pending contract
negotiated Feb. 21; Port authority says will reconsider deal
if DP World deal is finalized; also provide some stevedoring
services.
WILMINGTON, DEL: Run some stevedoring operations as part
owners Delaware River Stevedores, one of two stevedoring
companies at the port.
Mr. Speaker, I urge all Members to vote ``no'' on the previous question and then we can deal with this matter which has an urgency to everyone in this country.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.