The U.S. House last week passed a misguided measure that could strip Colorado and other states of their ability to ensure food safety and stop them from reacting swiftly to problems in livestock feed.
The sweeping National Uniformity for Foods Act, which never had any hearings, would turn food safety upside down. Rather than have the Food and Drug Administration act in the public interest, it orders the FDA to consider “interstate commerce.” A similar bill is expected to be introduced in the Senate.
HR 4167 is aimed at California’s law requiring labels on foods linked to cancer or birth defects – but the bill would override all state food laws that are tougher than federal ones. In Colorado, HR 4167 would override laws governing safety of milk, shellfish, food in restaurants and that let the state adopt rules for food and color additives that better protect human health than the feds. To take tougher action, states would have to petition the notoriously lethargic FDA, a process the Congressional Budget Office estimates could cost the FDA $100 million.
The Association of Food and Drug Officials warned HR 4167 even erodes the states’ ability to get contaminated food off the market. Just in 2001, states acted in more than 45,000 separate instances to embargo or remove adulterated foods from the marketplace, the group said. The association, the National Conference of State Legislatures and 39 state attorneys general oppose the bill.
“States could not respond quickly to extreme public health risks like avian flu, mad cow disease or chronic wasting disease without first seeking the guidance of the federal government,” said U.S. Rep. Mark Udall, R-Colo., who opposed the bill. “It is shocking in the wake of Hurricane Katrina that we would further hamstring our state and local officials from being able to respond to threats quickly.”
U.S. Rep. Diana DeGette, D-Colo., also opposed the bill because it would harm consumers.
Colorado Agriculture Commissioner Don Ament wrote our congressional delegation: “Under this bill, a state would no longer be able to formulate laws and rules concerning the labeling of foods, animal feeds, feed additives and new animal drugs. Pre-empting state regulatory agencies from having autonomy to address food and animal feed safety concerns compromises public and animal health. Each state must have the latitude to act quickly to enact laws and rules that address local or statewide health concerns.”
Still, Colorado Republicans Bob Beauprez, Joel Hefley, Marylin Musgrave and Tom Tancredo voted for the bill. Democrat John Salazar didn’t vote but was a co-sponsor. It’s disappointing that they, especially Beauprez, who’s running for governor, didn’t take their state’s interest to heart.
