Opponents Of Federal Food Safety Bill Say It Would Override Stricter State Standards On Warning Labels For Products Causing Birth Defects

Main Category: Nutrition / Diet
Also Included In: Pregnancy / Obstetrics
Article Date: 24 Apr 2006 - 0:00 PDT

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Opponents of a House-approved national food safety bill (HR 4167), including Sens. Barbara Boxer (D-Calif.) and Dianne Feinstein (D-Calif.), say the bill would override stricter state laws, such as one in California requiring warning labels for products that can cause birth defects or cancer, the Contra Costa Times reports (Hannah, Contra Costa Times, 4/20). The bill, which the House approved in a 283-169 vote last month, would prohibit states from enforcing food safety label laws stricter than those approved by FDA (San Francisco Chronicle, 4/19). A state would be allowed to petition FDA to have its laws applied nationally, and the state's laws could remain in effect until the agency rules on the petition (Fischer, Oakland Tribune, 4/20). According to Congressional Budget Office projections, the petition process under the legislation could take more than two years and cost up to $400,000 per petition. CBO also estimated the bill would cost FDA $100 million over five years.

Support, Opposition
A coalition of more than 140 groups that include businesses and food industry organizations support the measure, and 39 state attorneys general opposed it, The Hill reports (Sheffield/Schor, The Hill, 4/19). Supporters of the bill say it would create national health and safety standards for food labels and prevent businesses from having to customize products to meet differing state standards. However, Boxer and Feinstein at a news conference on Tuesday said they oppose the bill because it would override much of California's 1986 food safety law (Contra Costa Times, 4/20). Proposition 65 in California requires businesses to provide a "clear and reasonable" warning on any product that could cause reproductive harm or cancer (Kaiser Daily Women's Health Policy Report, 8/23/05). California Gov. Arnold Schwarzenegger (R) in a letter to Feinstein dated April 18 said he also opposes the bill. Schwarzenegger wrote that California citizens "fought hard to provide warning labels on products that knowingly expose individuals to any substance that may cause cancer, birth defects or other reproductive harm," adding that FDA "has limited activity concerning food contaminants that cause cancer or reproductive effects" (Feinstein release, 4/18). However, Cal Dooley, a former member of Congress and head of the Food Products Association, said, "California would have the opportunity to present the science-based evidence to the FDA," which, if "compelling, ... could become the national standard" (Oakland Tribune, 4/20).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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