-Caveat Lector-

Industry-backed bill would nullify state food-warning laws

By PHILIP BRASHER, Associated Press

WASHINGTON (October 27, 2000 11:13 a.m. EDT
http://www.nandotimes.com) - The food industry wants to use a must-pass
spending bill to nullify state laws that mandate warnings on food products
and dietary supplements and impose other regulations on processors.

The food-regulation measure was on a list of items Thursday that
Republican Senate leaders planned to attach to the last appropriations bill
that Congress is expected to pass before going home for the elections.

The measure, opposed by state regulatory agencies and the Clinton
administration, would bar states from imposing labeling and food safety
standards that are more stringent than the Food and Drug Administration's.
States would have to petition FDA for exemptions from the law.

"This legislation is needed so that we have a unified, common-sense
system of labeling in the United States and not a patchwork quilt of states
trying to usurp the authority of the FDA," said Gene Grabowski, a
spokesman for the Grocery Manufacturers of America.

The legislation is sponsored by at least three dozen senators, many from
farm states, including Democratic leader Tom Daschle of South Dakota.

Opponents of the legislation say it would effectively block state efforts to act
in areas where FDA has been ineffective or to goad the agency to regulate
products it has not.

The food industry has been trying for 12 years to get out from under a
California law, known as Proposition 65, that requires a warning label on all
products that contain cancer-causing agents or substances that are toxic to
the reproductive system.

Manufacturers typically remove or alter products rather than face the
negative publicity from a warning label. Because California is such a large
market, whatever companies do there they are likely to do nationwide. The
state used the measure to force manufacturers to reduce lead levels in
calcium supplements.

"The Republicans are going against the wishes of California voters with
this anti-environmental rider," said Sen. Barbara Boxer, D-Calif.

She and other Democrats opposed to the industry-backed legislation sent
a letter to the White House urging President Clinton to veto any bill to which
it was attached.

The legislation "sends a strong signal to our states that the federal
government is not interested in learning from new, innovative state ideas,"
the letter said.

In addition to Proposition 65, the legislation also would nullify laws in at
least 17 states, including California, Florida, Illinois and Texas, that allow
them to set tolerances for food additives that are more stringent than FDA
standards, according to the Center for Science in the Public Interest, an
advocacy group opposed to the bill.

The Senate Agriculture Committee approved the legislation in June without
a hearing.

The National Uniformity for Food Act is S. 1155.

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