Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 702 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from California…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 702 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from California (Ms. Matsui), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
(Mr. GINGREY asked and was given permission to revise and extend his remarks.)
Mr. Speaker, House Resolution 702 is a general debate rule that provides 1 hour of debate equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce. It waives all points of order against consideration of the bill, and it provides that after general debate, the Committee of the Whole shall rise without motion and no further consideration of the bill shall be in order except by a subsequent order of the House.
Mr. Speaker, I rise in support of House Resolution 702 and the underlying bill, H.R. 4167, the National Food for Uniformity Act of 2005.
H.R. 4166 was introduced by the gentleman from Michigan (Mr. Rogers) and reported out of the House Energy and Commerce Committee on 15 December 2005 by a vote of 30-18. This is a good bill, and I would like to thank Chairman Barton and Representative Rogers for their work in bringing this bill to the floor.
Mr. Speaker, currently food regulation is composed of a variety of different and sometimes inconsistent State requirements. These different State standards hamper the free flow of interstate commerce. They also result in increased costs to manufacturers and distributors that are then, of course, passed on to consumers. The greatest burden falls on our citizens and resident immigrants who are at the lowest end of the economic scale, who are struggling to pay for even basic staples.
So, Mr. Speaker, these differing standards and their effects are very similar to problems plaguing the health insurance industry, which also drive up the cost to consumers and lock the door to many low-income individuals and families who simply cannot afford basic health care coverage because of all the required, expensive and often unnecessary extra screenings, tests and procedures mandated by 50 different State legislatures.
From State to State, we have a patchwork quilt of health and insurance regulations and mandates that would create bureaucracy upon bureaucracy, driving up the costs and driving away coverage for those who need it most. These regulatory inconsistencies in both the insurance health care industry and in the food industry impose unnecessary costs and jeopardize the well-being of American consumers nationwide.
However, Mr. Speaker, the National Uniformity for Food Act would establish national standards to ensure consistency in food labeling regulation. The bill will amend the Federal Food, Drug and Cosmetic Act to establish a nationwide system of food safety standards and warning requirements for food labels instead of just a hodgepodge of different and, yes, even contradictory warnings among the various and sundry States.
Mr. Speaker, establishing nationwide, uniform standards is by no means unprecedented. We already have national standards in the areas of meat and poultry products regulated by the United States Department of Agriculture. We have national standards for nutrition labeling, health claims, standards of identity, pesticide residue tolerance, medical devices and drugs regulated by the United States Food and Drug Administration.
Mr. Speaker, for those who fear an important warning might fall through the cracks, I want to emphasize that this bill does allow States whose requirements differ from the Federal requirements the opportunity to petition the FDA to adopt the requirement as a national requirement or to exempt it from the requirement of uniformity for
their particular locality. If it is worthwhile to the State of California, as an example, I trust that the FDA would hold that it is worthwhile for the 49 other States, including my State of Georgia. This petition process will allow States to have notification requirements that address food safety issues unique to their States, bottom line.
H.R. 4167 also, Mr. Speaker, includes a provision that allows the State to exercise imminent hazard authority to prevent the sale of dangerous food by applying a State requirement that would otherwise be preempted. They can do it in that emergency situation.
With the passage of this rule, the House of Representatives will move forward today with general debate to discuss the overall merits of the bill, and we will resume consideration next week on a multitude of proposed amendments. This additional time will help to ensure an open and fair process so that we ultimately arrive at consensus legislation based on sound policy.
So I urge my colleagues to support both the rule and, ultimately, the underlying legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
In response to the gentleman from California, first of all, Mr. Speaker, I have got a document here of 119 groups supporting H.R. 4167, the National Uniformity for Food Act of 2005, which I will submit for the Record at this point.
Groups Supporting H.R. 4167--The National Uniformity for Food Act of
2005
Ahold; Albertson's; Altria Group, Inc.; American Bakers
Association; American Beverage Association; American Feed
Industry Association; American Frozen Food Institute;
American Plastics Council; American Meat Institute; American
Spice Trade Association; Animal Health Institute; Apple
Products Research and Education Council Association for
Dressings and Sauces; Biscuit and Cracker Manufacturers
Association; Bush Brothers & Company; Business Roundtable.
Cadbury Schweppes plc; California Farm Bureau Federation;
California Grocers Association; California League of Food
Processors; California Manufacturers & Technology
Association; Calorie Control Council; Campbell Soup Company;
Cargill, Incorporated; Chocolate Manufacturers Association;
The Coca-Cola Company; Coca-Cola Enterprises Inc.; ConAgra
Foods, Inc.; Council for Citizens Against Government Waste;
Dean Foods Company; Del Monte Foods.
Diamond Foods, Inc. Flavor & Extract Manufacturers
Association; Flowers Foods, Inc.; Food Marketing Institute;
Food Products Association; Frito-Lay; Frozen Potato Products
Institute; General Mills, Inc.; Gerber Products Company;
Glass Packaging Institute; Godiva Chocolatier Inc.; Grain
Foods Foundation; Grocery Manufacturers Association; H.J.
Heinz Company; The Hershey Company.
Hoffmann-La Roche Inc.; Hormel Foods Corporation;
Independent Bakers Association; Institute of Shortening and
Edible Oils; International Association of Color
Manufacturers; International Bottled Water Association;
International Dairy Foods Association; International Food
Additives Council; International Foodservice Distributors
Association; International Formula Council; International Ice
Cream Association; International Jelly and Preserves
Association; The J.M. Smucker Company; Jewel-Osco; Kellogg
Company.
Kraft Foods Inc.; Land O' Lakes, Inc.; Maine Potato Board;
Masterfoods USA; McCormick & Company, Inc.; McKee Foods
Corporation; Milk Industry Foundation; The Minute Maid
Company; National Association of Convenience Stores; National
Association of Manufacturers; National Association of
Margarine Manufacturers; National Association of Wheat
Growers; National Association of Wholesaler-Distributors;
National Cattlemen's Beef Association; National Cheese
Institute.
National Chicken Council; National Coffee Association of
USA; National Confectioners Association; National Fisheries
Institute; National Frozen Pizza Institute; National Grape
Cooperative Association; National Grocers Association;
National Institute of Oilseed Products; National Milk
Producers Federation; National Pasta Association; National
Pecan Shellers Association; National Pork Producers Council;
National Potato Council; National Restaurant Association;
National Turkey Federation.
Nestle USA; North American Millers' Association; Osco Drug;
O-I; Peanut and Tree Nut Processors Association; Pepperidge
Farm Incorporated; PepsiCo, Inc.; Pickle Packers'
International; The Procter & Gamble Company; Quaker Oats;
Rich Products Corporation; Rich SeaPak Corporation; Safeway;
Sara Lee Corporation; Say-on Drugs.
The Schwan Food Company; Snack Food Association; Society of
Glass and Ceramics Decorators Supervalu Inc.; Target
Corporation; Tortilla Industry Association; Tropicana;
Unilever; United Fresh Fruit and Vegetable Association; U.S.
Chamber of Commerce; Vinegar Institute; Welch Foods, Inc.;
Winn-Dixie; Wm. Wrigley Jr. Company; Yoplait.
To my friend from California, I want to point out that among these 119 just happens to be the California Farm Bureau Federation, that is in support; the California Grocers Association, which is in support; the California League of Food Processors, which is in support; the California Manufacturers and Technology Association, which is in support. I do not guess this is a California company, but interesting to note that also the H.J. Heinz Company is in support.
I think that reminds me of the past Presidential election and maybe one of the candidates from the other side of the aisle.
In regard to the preempting States, I want to remind my friends and all of our colleagues that we are dealing here with interstate commerce, and we are
not talking really about preemption, even with that, of State law, because these 200 State laws that the gentleman from California (Mr. Waxman) was talking about in the various and sundry States, this is part of the problem. But all of those laws, each and every one of those laws, could be incorporated, Mr. Speaker, and possibly will be, into the FDA guidelines.
I wanted to make sure that they understand that.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
I appreciate what the gentlewoman from California (Ms. Matsui) just mentioned. And certainly as a physician, and we have health care providers on both sides of the aisle, we may be hearing from a physician Member, a friend and colleague on their side of the aisle in just a few minutes in regard to similar issues, so I do, I do understand, Mr. Speaker, that there are concerns about consumption of fish; the concern for Ms. Matsui's daughter and her granddaughter. And I am in the same category. She certainly looks a lot younger than I do and a lot prettier, Mr. Speaker, but I have grandchildren as well.
Those are legitimate concerns. However, I will point out that fish is an excellent source of nutrition for mothers, expectant mothers, pregnant mothers, and young children. It is a wonderful source of protein and polyunsaturated fats. Those of us who have had little heart problems in the past understand that it is much more healthy to consume fish than red meat, not that an occasional steak should be denied anybody, Mr. Speaker.
But it is true, as the gentlewoman says, that the mercury content is a concern, and I have done some reading on this issue. I talked just last night, Mr. Speaker, I had an opportunity to discuss this issue with the pediatrician who took care of my children, my adult children, and who now, this same pediatrician, Dr. Larry Clements in Marietta, Georgia, of Kenmar Pediatrics, is taking care of my grandchildren, and I asked about this issue. And certainly there is a concern about mercury levels in certain fish, but also in my reading and in talking with Dr. Clements found out what the American Academy of Pediatrics says about it, found out what the EPA says about it, and found out what the FDA says about it.
The FDA has guidance and guidelines right now that says to these women that four-tenths of a microgram per kilogram per day is a safe consumption level. And so this idea of the FDA being oblivious to the concerns about mercury, organic mercury, that the fish consume and then it gets into the blood stream of the mother; that it actually crosses the blood brain barrier, the placental fetal barrier and gets into the blood stream of a child and can adversely affect their neurological system, the FDA is certainly not oblivious to that.
The gentlewoman from Florida (Ms. Wasserman Schultz) has an amendment that we will discuss thoroughly, thoroughly, and give careful consideration to her amendment and other similar amendments that Mrs. Matsui is talking about when we do this next week. And that is one of the reasons we wanted to divide up the general debate and the debate on those important amendments because of what the gentlewoman just said.
So it is very possible that the California guidelines in regard to this concern or the Florida guidelines about mercury levels will very likely be incorporated into the national standards. Because, for goodness sake, what is good and safe for her grandchildren, I know my good friend would want the same safety standards for my grandchildren in Georgia, for example. So I think she makes a good point, and I don't object to that at all; but I feel like this national standard will take care of that.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
I want to point out to the gentleman who just spoke that of course one of the major provisions of H.R. 4167 is that it does allow a State to petition for an exemption or to establish a national standard. I think even better, as I said earlier in my response to Ms. Matsui, is to establish a national standard regarding any requirement under FFDCA or the Fair Packaging and Labeling Act related to food regulation.
It allows the Secretary of Health and Human Services to provide such an exemption if the requirement protects an important public interest that would otherwise be unprotected. I think that is a hugely important provision of H.R. 4167.
Again, we are dealing with interstate commerce, and I have a very strong feeling and affinity for States' rights. We all do in Georgia. But, Mr. Speaker, in my opening comments about this bill, I made an analogy of health insurance mandates, that the 50 States are not the same. It would be far easier if they were the same, but 50 States have different mandates that State legislatures pass to put in a so-called basic health insurance policy that you cannot sell in the State without including provisions.
I remember very clearly when I was a State senator, before becoming a Member of this august body, that, unfortunately, one of our colleagues' mother-in-law was dying of ovarian cancer. She and he made the strong case for a screening test, a blood test to purportedly determine who is going to get or likely to get or in the earliest stages of ovarian cancer should be made part of every health insurance policy. In other words, every woman in the State of Georgia on a yearly basis could be provided with this blood test called CA-125. But, Mr. Speaker, gynecologic oncologists, medical cancer specialists, would tell you almost to a person that this is a very poor test for screening for that particular disease.
Yet in the State of Georgia, that is mandated. And that drives up the cost of health insurance, and it also drives up the number of people in Georgia who cannot afford a basic policy of health care. That is really what we are talking about here. We are not talking about taking away the States' rights. And after all, the FDA scientific body, they study these issues very carefully. All of these State mandates will be looked at extremely carefully, and those that need to be in the national guidelines will be there. Those that are not, the States can petition to have them included.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I yield myself 45 seconds.
I just want to say to the gentleman from Colorado (Mr. Udall), that in addition to the provision that I just quoted, there is this other provision that would address his concerns, and obviously it is a legitimate concern. It is very clear in the language of the bill, Mr. Speaker. It says this: it allows a State to establish a requirement that would otherwise violate an FFDCA act, or FDA provisions relating to national uniform nutritional labeling of this act if the requirement is needed to address an eminent hazard to health, like Mr. Udall mentioned, that is likely to result in serious adverse health consequences and if other requirements are met.
Mr. Speaker, I will continue to reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
I just want to respond to the gentleman from Washington. I think he asked about how many of the supporters, 119 that we have submitted for the record, were K Street folks. Well, I do not know. I will ask him. The State of Washington is an apple-producing State. I will just mention one. Apple Products Research and Education Council, Association for Dressings and Sauces, Frozen Potato Products Institute. I guess that is mainly Idaho. We mentioned earlier the H.J. Heinz company. Maybe we will ask the gentleman on the other side of the Capitol how they came to the conclusion to support this bill. The National Cattlemen's Beef Association, the National Fisheries Institute, Nestle USA, Quaker Oats, Sarah Lee Corporation, United Fresh Fruit and Vegetable Association. That has got to be very important in the State of Washington.
So I say to the gentleman, I do not know about K Street. I do not know that I have ever been there. But I know that these are hardworking people, businesses, small business in many instances, that produce these consumer food products that are engaged in interstate commerce, and if we do not have national standards, the price of their products goes up tremendously. And who does it put the greatest burden on? Those at the least economic level of our society, our poorest citizens and our immigrant population. So this is a good bill.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time for the purpose of closing.
Mr. Speaker, I continue to reserve the balance of my time for the purpose of closing.
Mr. Speaker, I yield myself such time as I may consume.
Getting back to the subject at hand, H.R. 4167, I will draw this debate to a close so that we can move forward with consideration of H.R. 4167. Without question, this is a common-sense bill that will ensure not only economic savings for consumers, but it will also provide additional safeguards for their health. We have heard a lot of discussion about that this morning in this hour.
Mr. Speaker, all consumers should have the same access to safety precautions and lifesaving information regardless of the State in which they live. And, again, whether it is California or Georgia or your own State of Arkansas, there is no excuse to allow regulatory inconsistency to drive up costs and keep some consumers in the dark on matters that will affect their health.
As a physician, I am convinced that the FDA has the scientific knowledge and professional expertise to provide for these safeguards, Mr. Speaker. But as an ardent supporter of States' rights, I am personally reassured by the bill's provisions allowing States the ability to petition the Food and Drug Administration for either an exemption to the uniformity or application of their State's requirements on a national level.
I want to encourage my colleagues to support this rule, to move forward with the general debate today so that we can come back next week to further discuss the underlying bill and potential amendments.
Finally, Mr. Speaker, let me remind all of my colleagues that the minority wants to offer an amendment that would otherwise be ruled out of order as nongermane. So the vote is without substance. The previous question vote itself is simply a procedural motion to close this debate on the rule and proceed to a vote on its adoption. The vote has no substantive policy implications whatsoever.
Mr. Speaker, at this point in the Record I insert an explanation of the previous question.
The Previous Question Vote: What Does It Mean?
House Rule XIX (``Previous Question'') provides in part
that:
There shall be a motion for the previous question, which,
being ordered, shall have the effect of cutting off all
debate and bringing the House to a direct vote on the
immediate question or questions on which it has been ordered.
In the case of a special rule or order of business
resolution reported from the House Rules Committee, providing
for the consideration of a specified legislative measure, the
previous question is moved following the 1 hour of debate
allowed for under House Rules.
The vote on the previous question is simply a procedural
vote on whether to proceed to an immediate vote on adopting
the resolution that sets the ground rules for debate and
amendment on the legislation it would make in order.
Therefore, the previous question has no substantive
legislative or policy implications whatsoever.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.