DENVER—As
the Senate now takes up consideration for its own version of the
National Uniformity for Food Act (H.R. 4167), which would preempt more
than 200 food safety and right-to-know laws, CoPIRG released a new
report today documenting the importance of state food safety laws.
"Colorado’s Food Safety Net: Ensuring Safe Food from Production to Consumption"
highlights local laws such as Colorado’s milk safety standards that lay
out the guidelines for classifying milk products as “unsanitary” and
therefore prohibited from sale.
“Colorado
and local municipalities have passed important innovative food safety
laws and implemented standards to protect the health, safety, and
consumer choice of Coloradans,” Rep. Alice Madden, Majority Leader for
the Colorado House of Representatives. “Any power grab by Congress
could shred this safety net, leaving us vulnerable and with less
information.”
Here in Colorado, innovative laws that would be preempted include:
• Milk safety laws that lay out the guidelines for classifying milk
products as “unsanitary” and therefore prohibited from sale;
• Restaurant safety laws that regulate both restaurants and other food establishments; and
• Statutory provisions allowing the state to adopt tolerances for food
additives and color additives that are more protective of human health
than the applicable federal tolerances.
Municipalities
play an important role if food safety. Under local authority the Denver
Department of Environmental Health conducted over 8,000 inspections in
retail food establishments and levied 167 civil penalties for
noncompliance last year.
Denver
citizens are well served by allowing the citizens to bring their
complaints, public health and emergent issues to State and local
governments and expect their issues be addressed in a streamlined and
timely manner.
Adoption
of H.R. 4167 will bar state and local governments, including Denver,
from food safety, labeling, and warning standards that are not
identical to Federal standards. The bill will preempt more than 200
state laws that deal with food safety and the public’s right-to-know
about toxic chemicals.
“There
was no public hearing on H.R. 4167 and thus no opportunity to debate
and resolve issues of concern,” said Karol Holcomb, Director of Public
Health Inspection Division in the Denver Department of Environmental
Health.
“We
oppose any attempts to weaken food safety systems that work
effectively, have been responsive and are in tune with local
circumstances and opportunities,” Holcomb continued.
According
to a letter sent to the House of Representatives from 39 state
Attorneys General opposing the bill in March, 2006, state and local
agencies execute more than 80% of the regulatory work required to
implement these laws, and the federal government often asks for their
assistance.
This
bill would establish a system where states would be required to
petition the U.S. Food and Drug Administration (FDA) for permission to
continue to enforce their own laws. The FDA has faced a reduced
capacity in recent years, and the numbers of staff employed by the
agency has fallen.
“When
it comes to the safety of America’s food supply, consumers deserve
better than the lowest common denominator,” said Rex Wilmouth, Director
of CoPIRG. “Senators Allard and Salazar should pledge to oppose this
bill, and work to make sure this cynical piece of legislation moves no
farther.”
CoPIRG
applauded the leadership of Representatives DeGette and Udall for
voting against H.R. 4167 in the House. Unfortunately, CoPIRG expressed
disappointment that Rep. Beauprez, Musgrave, Heflley, and Tancredo
voted for its passage. (Note: Rep. Salazar did not vote on the bill.)
With
public debate around important issues often dominated by private
special interests pursuing their own narrow agenda, the Colorado Public
Interest Research Group (CoPIRG) offers an independent, articulate
voice on behalf of the public interest. CoPIRG works to promote
consumer protection and good government in the state of Colorado. We
investigate problems, craft solutions, educate the public and offer
citizens meaningful opportunities for civic participation.
