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Federal Food Safety Act Could Pre-empt States' Individual Rights
Epoch Times ^ | Mar 13, 2006 | Irene Chitwood

Posted on 03/18/2006 7:38:52 PM PST by hedgetrimmer

The debate over the National Uniformity for Food Act is heating up following hearings in Washington, D.C., last week.

Congress debated the pros and cons of H.R. 4167, which proponents claim will eliminate differences in food safety laws between states, simplify requirements for manufacturers, and help facilitate intrastate commerce.

The bill was introduced in October of 2005, but due to the controversial nature of its contents, has not received universal support.

Opponents see the bill as hindering states' abilities as first responders and pre-empting state laws like California's Prop. 65, which requires food warning labels to notify consumers of toxic contents in consumer products.

This includes warnings regarding mercury in fish, arsenic in water, and lead content in candy imported from Mexico.

According to a statement in a press release from Rep. Anna Eshoo (D-CA), "Under this bill (H.R. 4167), the FDA [Food and Drug Administration] will have to approve any food safety law that is at variance with federal policy."

Eshoo has also voiced concern over funding needed to implement such an extensive undertaking, saying it would cost the FDA $100 million over the next 5 years to process petitions from states seeking to retain their laws.

Approval of H.R. 4167 seems elusive since support is divided along partisan lines. Republicans, who usually support state's rights over big government, are generally in favor of adding more FDA regulation and giving the federal government more control. Democrats, who usually support federal regulations, are generally opposing the bill and supporting states' rights to determine their own laws.

The bill also raises serious questions about public safety and national security regarding food tampering and terrorism. Both sides argue that their position would help protect the U.S. from foreign or domestic tampering and provide the best response to terrorism.


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: California
KEYWORDS: 109th; fda; foodsafety; hr4167
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Here it comes. The federal government "harmonizes" state's food rules before "harmonizing" under various treaties with globalist institutions. Another loss of sovereignty is underway.
1 posted on 03/18/2006 7:38:58 PM PST by hedgetrimmer
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To: hedgetrimmer
lets get some opinions on the "Epoch Times," while we're at it.

Left-leaning and notoriously anti-Administration, the time I glanced at it over a bagel and coffee.

Distributed by the Falun Gong, who, whether good or bad, probably oughtn't be considered "objective."

2 posted on 03/18/2006 7:41:39 PM PST by the invisib1e hand (...a capitalist.)
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To: freepatriot32

ping for states rights


3 posted on 03/18/2006 7:42:47 PM PST by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: the invisib1e hand

And where do you see the bias in the article? Would you mind pointing it out to us?


4 posted on 03/18/2006 7:45:13 PM PST by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: hedgetrimmer
oy...

I know enough about the source to question the article.

5 posted on 03/18/2006 7:49:05 PM PST by the invisib1e hand (...a capitalist.)
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To: hedgetrimmer
And where do you see the bias in the article?

where do you see that I see bias in the article, incidentally? what was my post about?

6 posted on 03/18/2006 7:49:52 PM PST by the invisib1e hand (...a capitalist.)
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To: the invisib1e hand

"where do you see that I see bias in the article"

Can't imagine where.

"lets get some opinions on the "Epoch Times," while we're at it.....Left-leaning and notoriously anti-Administration...."


7 posted on 03/18/2006 7:52:12 PM PST by NapkinUser
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To: hedgetrimmer
There it went, why should we have each state writing different laws re: food safety? That is definitely a interstate commerce issue and belongs to the feds.
HAVING EACH STATE GET INTO THIS WILL RAISE THE COST OF FOOD AND FOR SURE ISN`T GOING TO CUT STATE GOVERNMENT COSTS.
Even if we put the states in charge, the Feds wouldn`t go away.
8 posted on 03/18/2006 7:53:23 PM PST by bybybill (If the Rats win, we loss)
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To: bybybill

Look at gas prices as an example of states exercising their rights to set local standards hence forcing the creation of different types of gas which increases costs.


9 posted on 03/18/2006 7:57:24 PM PST by misterrob (Islam is a hate crime)
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To: bybybill; misterrob
There it went, why should we have each state writing different laws

Because the states are not the federal government, they are closer to the people than the federal government therefore the people have a more direct voice with the state.

If you want the federal government to run everything, you do not want the constitutional republic that was set forth by our forefathers.

In fact, when you look at the supporters of this bill you will see it is just another exercise of the corporatist fascist state that is burgeoning under the "free trade" system established by Bill Clinton.
10 posted on 03/18/2006 8:01:29 PM PST by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: bybybill
HAVING EACH STATE GET INTO THIS

They are already into it. Having each state get out of it diminishes individual sovereignty for American citizens.
11 posted on 03/18/2006 8:02:29 PM PST by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: B4Ranch

FYI


12 posted on 03/18/2006 8:03:01 PM PST by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: hedgetrimmer

Where do you get off making the assumption that I want the federal government to run everything? And this "corporate fascist" state crap plays real well with the rest of the "No Blood For Oil" crowd. Try it with them.

Might even impress someone.....


13 posted on 03/18/2006 8:05:36 PM PST by misterrob (Islam is a hate crime)
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To: hedgetrimmer

HUH, do you really think we would be better off with 50 different sets of rules for food safety? Do you think that would make the food safer (how) or more affordable(how)?


14 posted on 03/18/2006 8:05:47 PM PST by bybybill (If the Rats win, we loss)
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To: hedgetrimmer

That's nonsense, this is a proper federal issue. This definately deals with interstate commerce and the feds can regulate. It will lead to lower prices. If California and Utah have different labeling standards, then it costs more for the consumer because it costs more for the company to implement both labeling/safety requirements. If your position is that the feds should not be involved, then you also think that feds should not have a say in the labeling of drugs, OTC or otherwise. That is an insane position to hold.


15 posted on 03/18/2006 8:06:12 PM PST by jf55510
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To: the invisib1e hand

On second thought, why don't you debate the merits of this "haromonization" if you believe there are any. The source isn't really that important.

Is this article more to your liking? I sense bias leaning toward the House Frozen Food Caucus.

National Uniformity for Food Act passes in the House

Andrea Lyn Van Benschoten
Manufacturing.Net
March 13, 2006


The U.S. House of Representatives has passed HR 4167, The National Uniformity for Food Act, which amends the Federal Food, Drug and Cosmetic Act. The legislation passed by 238-129 votes and included 100% support of the House Frozen Food Caucus.



The Act would require the U.S. FDA to provide national food safety standards and warning requirements. According to documents released by the Congressional Budget Office, implementation of H.R. 4167 would cost less than $500,000 in 2006 and approximately $100 million over the 2006-2011 period. Those costs would be incurred by the FDA.

The Act would preempt certain state laws governing food safety, the labeling of food products, and the issuance of warning notifications.


16 posted on 03/18/2006 8:07:31 PM PST by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: misterrob

I have a degree in Poly Sci, but " Corporate Fascist" is a new one...What in the h#ll does that mean? (maybe one drink to many)


17 posted on 03/18/2006 8:09:11 PM PST by bybybill (If the Rats win, we loss)
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To: hedgetrimmer
I think there should be consistency regarding food safety. I also think the consumer should be allowed to know what they are eating and where it came from.

We already know the ill effects from mercury and lead.

18 posted on 03/18/2006 8:15:11 PM PST by Netizen
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To: jf55510
That's nonsense, this is a proper federal issue.

No it isn't.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

What you are defending is Bill Clintons federal food safety stragic plan, and you know what a statist he is.
19 posted on 03/18/2006 8:20:17 PM PST by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: misterrob; hedgetrimmer
Look at gas prices as an example of states exercising their rights to set local standards hence forcing the creation of different types of gas which increases costs.

Are you saying that the states should defer to Federal standards whenever it would be cheaper?

So, how does "cheap" Federal flood insurance look to the people of Loosiana now?

20 posted on 03/18/2006 8:20:57 PM PST by Carry_Okie (There are people in power who are truly evil.)
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