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2000
Food Uniformity Bill Amended and Still Pending in Congress.
S1155 [text/pdf] was amended and reported out on October 22, 2000. The bill would provide that
"no State or political subdivision of a State may, directly or indirectly, establish or continue in effect under any authority any notification requirement for a food that provides for a warning concerning the safety of the food, or any component or package of the food, unless such a notification requirement has been prescribed under the authority of this Act and the State or political subdivision notification requirement is identical to the notification requirement prescribed under the authority of this Act."In an apparent attempt to give no room for courts to find that Prop 65 is not preempted (under the reasoning of such cases as CSMA v. Allenby and People v. Cotter & Company), the bill contains an expansive determination of "notification requirement":
"the term `notification requirement' includes any mandatory disclosure requirement relating to the dissemination of information about a food by a manufacturer or distributor of a food in any manner, such as through a label, labeling, poster, public notice, advertising, or any other means of communication . . . ."
Exempt from the bill would be state laws relating to "(1) freshness dating, open date labeling, grade labeling, a State inspection stamp, religious dietary labeling, organic or natural designation, returnable bottle labeling, unit pricing, or a statement of geographic origin; or (2) a consumer advisory relating to food sanitation . . . ."
According to Senate Report 504 [text/pdf] the bill is needed because:
"The United States has a national food supply. Food grown or processed in one part of the country is rapidly transported for marketing throughout the nation. Consumers deserve the same high level of protection against unsafe food regardless of where they may live. National uniformity in food regulation legislation will coordinate and harmonize federal, state, and local food safety requirements and enforcement efforts, and thus will enhance consumer protection throughout the country. "
This page last updated November 19, 2001
