http://environmentalcommons.org/federal-preemption-2007.html
Environmental Commons: Legislation Tracker Follows State Food Bills

US House may prevent states from protecting food supply

by Britt Bailey
Monday May 28th, 2007 9:03 AM

The United States House of Representatives Committee on Agriculture 
has begun the process of writing the 2007 Farm Bill. Of grave concern 
is language added and approved by the Subcommittee on Livestock, 
Dairy and Poultry that preempts state restrictions of foods or 
agricultural products deregulated by the USDA.

House Subcommittee Approves Language Preempting State & Local 
Restriction of Genetically Modified Organisms (GMOs) and Other 
Questionable Foods

The United States House of Representatives Committee on Agriculture 
has begun the process of writing the 2007 Farm Bill. Of grave concern 
is language added and approved by the Subcommittee on Livestock, 
Dairy and Poultry that preempts state restrictions of foods or 
agricultural products deregulated by the USDA. The added language 
reads,

"no State or locality shall make any law prohibiting the use in 
commerce of an article that the Secretary of Agriculture has 
inspected and passed; or determined to be of non-regulated status."

The preemption language has been traced to Iowa Representative and 
Subcommittee Chair, Leonard Boswell. His intention is to prohibit 
state and local policies banning the sale of products approved by 
USDA and other regulatory agencies. The broad scope of the language 
would affect state and local prohibitions on the cultivation of 
genetically modified crops, bans on the sale of rBGH milk, and the 
outlawing of foie gras for starters.

At a time of pervasive food contamination and consumer displeasure 
with the social, ethical, and environmental aspects of food processes 
and production, the addition of a few lines tucked into an immense 
bill could weaken carefully adopted consumer protections.

If the preemption language is adopted into the final Farm Bill, some 
of the state laws that may be affected include:

Genetically Modified Foods:
California and Arkansas are currently debating prohibitions on the 
growing GMO rice. The major rice growing states are concerned after 
the 2006 announcement that several un-approved varieties of 
engineered rice contaminated rice crops resulting in major financial 
losses for US farmers.

Four California counties and two cities have adopted prohibitions on 
the growing of genetically modified crops in order to protect their 
organic and conventional foods.

rBGH Milk:
In 2006, Vermont's Agricultural Secretary, Steve Kerr, urged dairy 
farmers to stop using rBGH, or recombinant bovine growth hormone, in 
dairy cows. In addition, New York City is in the process of 
considering a ban on the sale of rBGH milk.

Foie Gras:
On grounds of inhumane treatment, the City of Chicago banned the sale 
of foie gras in restaurants. California has banned the force-feeding 
of birds to produce the product, ending the practice by 2012.

The preemption language raises concerns that states would be barred 
from taking action when a food safety threats arise. For example, 
states could be barred from calling for recalls or prohibiting the 
sale of tainted meats, peanut butter, or other foods that have passed 
USDA inspection. Advocates favoring the preemption language include 
United Egg Producers, National Pork Producers, National Milk 
Producers Federation, and the National Cattleman's Beef Association.

The Farm Bill will be voted on by the House Committee on Agriculture 
before going to the House floor and then on to the Senate. To take 
action to oppose this disastrous preemption language, send a letter 
and/or contact:

1. The House Agricultural Committee, agriculture [at] mail.house.gov.
2. Your House Representative, http://www.house.gov/writerep/
3. Your Senator, 
http://www.senate.gov/general/contact_information/senators_cfm.cfm

Stay updated about the 2007 Farm Bill as it moves through the House 
of Representatives, 
http://agriculture.house.gov/inside/2007FarmBill.html

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