House Approves Bill Providing For Uniform Food Safety Notification Requirements

On March 8, the House approved, 283-139, a bill (H.R. 4167) that would prohibit states from establishing food safety labeling requirements that are not identical to federal requirements under the Federal Food, Drug, and Cosmetic Act (P.L. 75-717). A waiver could be granted by the Food and Drug Administration (FDA) if the state requirements protect an important public interest that would otherwise be unprotected, would not cause any food to be in prohibition under federal law, or would not unduly burden interstate commerce. Rep. Mike Rogers (R-MI) sponsored the legislation.

During consideration of the bill, the House approved the following amendments:

• an amendment by Rep. Dennis Cardoza (D-CA) that would require the FDA to expedite a state waiver request if the labeling requirements are related to cancer-causing agents, reproductive effects or birth defects, or if the warning is intended to provide information for parents to better understand, monitor, or limit a child’s exposure to cancer-causing agents or reproductive or developmental toxins, 417-0; and
• an amendment by Rep. Debbie Wasserman Schultz (D-FL) that would exempt state laws or regulations that establish a notification requirement regarding the potential effects of mercury in fish or shellfish, 253-168.The House rejected, 161-259, an amendment offered by Rep. Lois Capps (D-CA) that would have allowed states to establish labeling requirements regarding the risk of cancer, birth defects, reproductive health issues, and allergic reactions associated with sulfiting agents in bulk foods. The amendment also would have allowed states to establish labeling requirements notifying parents of the risks of cancer, reproductive or developmental toxins, and food borne pathogens associated with certain foods.

  Rep. Capps said that the amendment “is fairly straightforward. It would ensure that this bill would not preempt State laws that require proper warning on foods that do contain carcinogens, that do contain chemicals that could cause birth defects or other reproductive defects or could cause allergic reactions with sulfiting agents. The bill as currently written would effectively wipe out important existing State food safety warning laws in these very areas. It is unconscionable that Congress could create a system that essentially conceals from consumers known possible risks to their health. This is especially troubling considering how successful these State laws have been at better informing the public about potential problems in their foods. Perhaps more importantly, some of these State laws would be wiped out by H.R. 4167.”

  In response, Rep. Nathan Deal (R-GA) stated, “Warnings on food should apply in all 50 states. If a warning is justified, consumers in all States should get the information. If food is not safe in 49 States, then it should also not be safe in the other, or vice versa. If a warning is not justified, then consumers should not be confused by different warnings in different States.” He added, “If a State has reliable scientific information that demonstrates that a warning is needed for a particular food, then in the interest of public health, it should share that information with the FDA and petition for a new national standard…The petition process will ensure that States collaborate with the FDA and will help foster greater food safety throughout the country.”