Food Safety Preemption Bill

What is the Issue?

Feb. 9, 2006 - The National Uniformity for Food Act of 2005, otherwise known as H.R. 4167, is being considered in the U.S. House of Representatives. If passed, it would nullify state-level protections against the many food safety threats the federal government has ignored. States cannot water down federal laws and regulations, but our tradition of federal government has always upheld states' rights to adopt more protective laws and create rules where no federal rules exist. But now, the factory farm and food industry lobbyists in Washington, D.C are on the verge of taking away our right to protect ourselves at the state level through H.R. 4167.

To see the bill's current status and/or track it, go to www.govtrack.us/congress/bill.xpd?bill=h109-4167. You can also obtain the full text of the bill, or you can simply click one of the links below to get the bill's language from our site:

H.R. 4167 text (Microsoft Word document)
H.R. 4167 text (PDF / Acrobat version)

To see an earlier, similar bill in 2004 that was rejected by both Democrats and Republicans, click here (PDF format only).

Click here to view a news release from the Center for Science in the Public Interest expressing its opposition to the food safety preemption legislation (PDF format only).

Examples of State Food Safety and Food Labeling Laws and Regulations
That Could Be Nullified by H.R. 4167

Revised December 2005

 

Alabama

 

Statutory provision prohibiting terra alba, barytes, talc, chrome yellow, or burnt umber in confectioneries.  (Code of Alabama, '20-1-23).

Statutory provision setting minimum nutritional requirements for cornmeal or grits.  (Code of Alabama, '20-1-73).

Statutory provision authorizing tolerances for infested, moldy, or decayed pecans and other nuts.  (Code of Alabama, '20-1-90).

 

Alaska

 

Statutory provision requiring labeling of farm-raised salmon, halibut, or sablefish products.  (Alaska Food, Drug and Cosmetic Act, '17.20.040 (12)).

Statutory provision requiring labeling of genetically modified fish or fish products. (SB 25; signed by Governor May 21, 2005)

 

Arkansas

 

Statutory provision authorizing regulations governing the safety of salvaged food.  (Arkansas Code, '20-57-102).

Statutory provision requiring a label on egg containers that states, "Keep refrigerated at or below 45 degrees Fahrenheit."  (Arkansas Code, '20-58-210).

Statutory provision requiring any catfish product to be labeled as "farm-raised," "river or lake," "imported," or "ocean."  (Arkansas Code, '20-61-206).

 

California

 

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.  (Sherman Food, Drug, and Cosmetic Law, ''110085 and 110090).

Statutory provisions requiring that consumers be notified of contaminants that are known to the state to cause cancer or reproductive toxicity.  (Proposition 65) (Cal. Health & Safety Code, ''25249.5 et seq.).

Statutory provisions on shellfish safety. (Cal. Health & Safety Code ''112210 et seq.) and regulatory provision regarding warning on risks of eating raw oysters (17 California Code of Regulations 13675).

Statutory provision requiring label to disclose if food contains more than 2 of one percent alcohol.  (Sherman Food, Drug, and Cosmetic Law, '110695).

Statutory provision requiring label to disclose if food is perishable when not refrigerated.  (Sherman Food, Drug, and Cosmetic Law, '110700).

Statutory provisions pertaining to the adulteration of wine.  (Sherman Food, Drug, and Cosmetic Law, '110597).

 

Colorado

 

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.  (Colorado Food and Drug Act, '25-5-413(2)).

 

Connecticut

 

Statutory provision prohibiting the use of "honey" on the label of a food that does not contain honey.  (General Statutes of Connecticut, Chapter 417, '21a-23).

Statutory provision prohibiting the sale of cider vinegar unless made wholly from apple juice.  (General Statutes of Connecticut, Chapter 417, '21a-25).

Statutory provision requiring a warning about a possible allergic reaction when any sulfiting agent is present in any bulk food.  (General Statutes of Connecticut, Chapter 47, '21a-104a).

 

Delaware

 

Statutory provision requiring carbonated beverages containing artificial sweetners to be labeled as "dietetic."  (Delaware Code, Title 16, '4312).

 

Florida

 

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.  (Florida Food Safety Act, '500.13(2)).

Regulatory provisions requiring warnings on shellfish.  (Florida Admin. Code Ann. '5K-4.010).

Numerous statutory provisions concerning labeling of citrus fruit, canned citrus juices, and frozen citrus juices.  (Florida Agriculture, Horticulture, and Animal Industry, Citrus Code ''601.99 et seq.).

 

Georgia

 

Statutory provision permitting ingredients of a carbonated beverage to be disclosed through an affidavit to the Commissioner rather than on the label.   (Georgia Statutes, '26-2-28(9)(c)).

Statutory provision regulating when a food can have the label "honey."  (Georgia Statutes, '26-2-32(a)).

 

Hawaii

 

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.  (Hawaii FDCA, '328-13(b)).

 

Illinois

 

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.  (Illinois FDCA, '13(b)).

Statutory provision deeming egg products adulterated if processed in a manner that increases the risk of microbial contamination.  (Ill. FDCA, '10(f); Ill. Egg and Egg Products Act, '3.1(1)).

 

Indiana

 

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.  (Indiana FDCA, '16-42-2-5(b)).   

 

Iowa

 

Statutory provision regulating when a food can have the label "honey."  (Iowa Code, Title V, '189.14(2)).

Statutory provision regulating when a food can have the label "sorghum."  (Iowa Code, Title V, '189.14(3)).

 

Kansas

 

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.  (Kansas FDCA, '65-667(b)).

 

Louisiana

 

Regulatory provision requiring warnings on shellfish.  (Louisiana Public Health-Sanitary Code 51.319.D).

Statutory provision requiring any catfish product to be labeled as farm-raised or naturally produced.  (Revised Statutes 56:578.11).

Statutory provision requiring a vendor of food, dietary supplements, or homeopathic remedies to provide certain information to a consumer if the vendor provides information for a fee (Act No. 334; signed by Governor June 30, 2005)

 

Maine

 

Statutory provision requiring disclosure of whether fresh produce has had a post-harvest treatment.  (Maine Revised Statutes, Title 22, '2157.14).

Statutory provision requiring sign stating that eating smoked alewives poses a health risk.  (Maine Revised Statutes, Title 22, '2173).

Statutory provision regulating the sale of apples that have been exposed to "controlled atmosphere."  (Maine Revised Statutes, Title 7, '539).

 

Maryland

 

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.  (Maryland FDCA, '21-239(c)).

Statutory provision requiring label to disclose if "fresh" food was previously frozen and thus should not be refrozen.  (Maryland FDCA, '21-210(b)(11)).               

Statutory provision prohibiting the sale of frozen food that has been previously thawed from a prior freezing.  (Maryland FDCA, '21-207(b)(8)).

 

Massachusetts

 

Statutory provision barring "halibut" on a food label if the food is not either hippoglossus hippoglosus or hippoglossus stenolepsis.  (General Laws of Massachusetts, Title XV, Chapter 94, '194B).

 

Michigan

 

Regulations on smoked fish.  (Michigan Admin. Code r. 285.569).

Statutory provision requiring a warning about a possible allergic reaction when any sulfiting agent is present in any bulk food.  (Michigan Food Law of 2000, Chapter 289, '289.8103).

 

Minnesota

 

Statutory provision regulating when a food may be sold as "honey."  (Minnesota Statutes, '31.74).

Statutory provision requiring labeling of various types of wild rice.  (Minnesota Statutes, '30.49).

Statutory provision prohibiting the sale of a confection containing alcohol to a person under the age of 21 and requiring labels on such confections.  (Minnesota Statutes, '31.76).

 

Mississippi

 

Statutory provision requiring any catfish product to be labeled as farm-raised, river or lake, or ocean.  (Mississippi Code, '69-7-607).

 

Montana

 

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.  (Montana FDCA, '50-31-108).

Statutory provision regulating when a food can have the label "honey."  (Montana FDCA, '50-31-204).

 

Nevada

 

Statutory provision prohibiting the use of "honey" on a food label if the food does not consist solely of honey. (Nevada Revised Statutes, '585.355).

 

New Hampshire

 

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.  (New Hampshire Revised Statutes, Title X, '146:21-II).

Statutory provision prohibiting the sale of cider vinegar unless made solely from apple cider (New Hampshire Revised Statutes, Title X, '146:14).

Statutory provision requiring that maple syrup be made solely from the sap of the maple tree.  (New Hampshire Revised Statutes, Title X, '146:13).

 

New Jersey

 

Statutory provision prohibiting the sale to a person under the legal age of a confection containing more than 1/2 percent alcohol (New Jersey Statutes, 24:5-9.1)

 

New York

 

Statutory provision requiring label to show fats and oils in order of predominance in the food.  (New York Agriculture and Markets Law, '204-b).

Statutory provision requiring label to disclose whether frozen food has previously been offered for sale in unfrozen form.  (New York Agriculture and Markets Law, '214-g).

Regulations regarding processing of smoked fish. (Rules and Regulations of New York, Title I, Part 262, '262.5).

 

North Carolina

 

Regulation requiring that in summer camps only grade A pasturized milk be used and that the milk be served in the individual, original container so that the consumer can see the name of the milk distributor.  (North Carolina Admin Code, Title 15A, Subchapter 18A, Section.1021(a))

 

North Dakota

 

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.  (North Dakota FDCA, '19-02.1-12(2)).

 

Ohio

 

Statutory provision prohibiting the use of "honey" on a food label if the food is not honey (Ohio Revised Code, Title XXX VII, '3715.38).

 

Oregon

 

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.  (Oregon Revised Statutes, '49.616.366).

Statutory provision requiring food that has been "salvaged" to have a label stating that fact.  (Oregon Revised Statutes, '49.616.250(16)).

 

 

Rhode Island

 

Statutory provision permitting ingredients of carbonated beverages to be disclosed in an affidavit to the Director of Health.  (Rhode Island FDCA, '21-31-11(9)(2)).

Statutory provision requiring packaging or labeling to comply with the regulations of the Poison Prevention Packaging Act.  (Rhode Island FDCA, '21-31-11(13)).

Statutory provisions regulating packing of various kinds of fish in casks.  (Rhode Island General Laws, ''21-15-3 et seq.).

Statutory provision regulating labeling of closed packages of apples.  (Rhode Island General Laws, '21-18-2).

Statutory provision requiring disclosure of whether uncooked fish and shellfish have ever been frozen.  (Rhode Island General Laws, '21-31-3(13)).

 

South Carolina

 

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.  (South Carolina Food and Cosmetics Act, '39-25-130(b)).

 

South Dakota

 

Statutory provision deeming confectionaries adulterated if they contact any vinous, malt, or spirituous liquor or compound or narcotic drug.  (South Dakota Codified Laws, '39-4-3(2)).

Statutory provision requiring food label to disclose when food contains chloroform and various narcotics.  (South Dakota Codified Laws, '39-4-10).

 

Texas

 

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.  (Texas FDCA, '431.161(b)).

 

Utah

 

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.  (Utah, '4-5-17(3) - (5)).

 

Virginia

 

Statutory provision allowing the state to adopt tolerances for food additives and color additives that are more protective of human health than the applicable federal tolerances.  (Virginia Food Act, '3.1-398.G.).

Statutory provision prohibiting the removal of a label containing the date by which a food shall be sold (Virginia Food Act, '3.1-388.1)

 

Wisconsin

 

Statutory provision requiring label showing age and type of cheese made in Wisconsin.  (Wisconsin Statutes, '97.177(3)).

Statutory provision prohibiting the sale of a food containing whole fish flour.  (Wisconsin Statutes, '97.13).

Regulations regarding processing of smoked fish and a warning label for smoked fish.  (Wisconsin food processing regulation, ''ATCP 70.21 et seq.).