Food Safety: National Uniformity for Food Act

Publication Date: January 2007

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Health

Type:

Abstract:

For more than a century, national uniformity of food laws has been a longsought goal of the food industry. While early statutes tried to improve uniformity, state and local requirements established in the 1800s continued in effect throughout the United States. Food traveling in interstate commerce frequently required manufacturers to meet different nutrition labeling and/or safety standards in different states, creating additional expense and confusion.

In 1990, passage of the Nutrition Labeling and Education Act (NLEA) achieved uniformity for nutrition labeling throughout the country. Provisions in the act required that all state and local provisions that were not identical to federal standards be preempted, once a study of all federal, state, and local requirements was completed. The study was conducted to determine which requirements would be preempted and which ones were unique to states/localities and should be allowed to remain in force. The NLEA allowed states to petition FDA for an exemption from preemption, if the requirement would not be in violation of any applicable federal requirement, or unduly burden interstate commerce, and provided it addressed a particular need not met by the requirements of the law. The original bill that became NLEA had contained a provision to preempt state food safety provisions, but it was dropped before passage.

Legislation has been introduced on food safety uniformity in every Congress since the 105th. In the 109th Congress, The National Uniformity for Food Act of 2005 (H.R. 4167) would amend the Food Drug and Cosmetic Act (FDCA) to prohibit any state or other locality from establishing or continuing in effect for food traveling in interstate commerce any requirement not identical to an existing federal provision, including provisions related to adulterated food; raw agricultural commodities containing unsafe pesticides; unapproved irradiated foods; unsafe color or food additives; tolerances for poisonous ingredients; conditions for emergency permit control and their suspension; access for inspection and dietary supplement labeling regulations. The bill would allow a state to petition for an exemption or to establish a national standard related to food regulation. States would be allowed to establish requirements that otherwise would violate a FDCA provision, if the requirement is needed to address an imminent hazard that is likely to result in serious adverse health consequences. H.R. 4167 was passed by the House. The National Uniformity for Food Act of 2006 (S. 3128) was introduced, with several changes from the Housepassed version. A Senate hearing was held, but no final action was taken.

The food industry supports the bill, which it believes would improve interstate commerce by extending national uniformity to most aspects of food adulteration, preventing separate food safety notices by the 50 states and eliminating food safety warnings that are not identical with federal provisions. Opponents include food and drug officials, state attorneys general, national consumer and California groups. They believe the bill would have a serious impact on the nation's regulation of food safety and jeopardize the ability to fight bioterrorism. Opponents are also concerned about the impact of the bill on the cooperative programs for milk safety, shellfish sanitation and retail food protection. This report will be updated as action occurs.