TRENTON
– Attorney General Zulima V. Farber
announced today that New Jersey has joined
with 36 other states and the District of
Columbia in formally opposing the National
Uniformity for Food Act of 2005, a federal
food-labeling standardization bill that
the states contend will interfere with their
ability to protect consumers.
The National Uniformity for Food Act (H.R.
4167), which was introduced in October 2005,
would result in significant changes to the
nation’s food safety regulation system
by imposing uniform standards on the labeling
of foods and food packaging.
In a letter dated March 1, 2006, the participating
states urge Congress to oppose the legislation
on grounds that, among other things, it
would eliminate consumer-protection-related
food labeling required by state and local
authorities unless that labeling was identical
to that required by the federal Food and
Drug Administration.
“We
are opposing this legislation because we
are committed to ensuring, through strong
regulation and oversight, that New Jersey
consumers can continue to buy their food
products with confidence,” said Attorney
General Farber. “Under this bill,
states would not be able to adopt their
own policies regarding food labeling --
even if the federal government had not yet
enacted a particular warning relative to
certain food products. Important state-required
consumer warnings, such as those pertaining
to mercury in fish, or lead in cans, could
conceivably be diluted or eliminated entirely.”
In their letter, the participating states
assert that, “Food safety has been
largely a matter of state law and oversight
for well more than a century. State and
local agencies perform more than 80 percent
of food safety work, with federal agencies
often seeking their assistance.”
“There
is nothing in the public record showing
that federal uniformity in this area provides
a greater level of protection to consumers
or is in the public interest,” the
states’ letter notes.
The letter goes on to point out that, although
the National Uniformity for Food Act “would
radically change the traditional allocation
of power between the states and the federal
government, it has never been the subject
of public hearings.”
There is a provision in the proposed bill
that, in special circumstances, would enable
states to petition the federal government
for permission to take action. However,
the states observe in their letter that,
“the petition process is slow, expensive
and uncertain, and certainly is no substitute
for allowing states their traditional role
of taking action on their own to protect
consumers.”
The states’ letter also notes that
the Association of Food and Drug Officials,
an organization of state regulators with
responsibility for ensuring food safety
since 1896, strongly opposes the bill.
In its own letter to Congress, the Association
of Food and Drug Officials criticizes the
National Uniformity for Food Act as containing
“broad, vague and sweeping”
provisions that “will likely dismantle”
the authority of state and local entities
afforded by food laws, dairy laws, animal
feed laws, laws pertaining to other agricultural
commodities, anti-product-tampering laws,
and anti-terrorism laws.
“It
is New Jersey’s position that, in
terms of consumer protection, this federal
legislation is bad public policy,”
said Attorney General Farber. “States
often serve as the first line of defense
in protecting their citizens from food products
or packaging that may present a hazard to
health or safety. This legislation will
seriously infringe on our ability to do
our jobs.”
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