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National Conference of State Legislatures
The Forum for America's Ideas


 

 


 


March 8, 2006

The Honorable Phil Gingrey
119 Cannon House Office Building
U.S. House of Representatives
Washington, D.C. 20515

 


 

 





The Honorable Louise Slaughter
2469 Rayburn House Office Building
U.S. House of Representatives
Washington, D.C. 20515

Steven Rauschenberger
Assistant Senate Republican Leader
Illinois 
President, NCSL

Susan Clarke Schaar
Clerk of the Senate
Virginia
Staff Chair, NCSL

William T. Pound
Executive Director

Dear Representative Gingrey and Representative Slaughter:

Today you are scheduled to manage consideration of H.R. 4167, The National Uniformity for Foods Act of 2005. This legislation, while well-intentioned, preempts important state and local food safety laws and compromises the ability of state officials to adequately protect their constituents. We are pleased that the House Rules Committee
approved the consideration of amendments that would improve the legislation by reasserting state authority in some instances. The adoption of some of these amendments would certainly improve the bill.

Unfortunately, the amendments that will be considered today are firmly rooted in the present and in the past. What about issues not yet identified? The amendments address cancer, birth defects, reproductive effects and issues affecting children and pregnant women. These are important issues and states should be permitted to act. But even if these amendments were adopted, states would be precluded from acting if the product causes other serious injury or disorders beyond cancer and products that might endanger a child’s parent, but perhaps not the child. As you know, state and local governments are often the first to observe adverse events and are often the first to develop an effective response. Just yesterday, the House of Representatives enacted a provision rooted in state legislation to address the growing problem of illegal production and sale of methamphetamines. We believe the federal government should continue to embrace and support this important function of state and local government.

It is our hope that should H.R. 4167 pass the House of Representatives today,additional consideration will be given to additional changes that will allow the legislation to take a prospective approach to this most important issue. We would welcome the opportunity to participate in a dialogue with you and others interested in this legislation to  find a compromise that will address the concerns of the food industry, but that will continue to permit states to provide their citizens with the protections that they expect and deserve.


Sincerely,

Carl Tubbesing
Deputy Executive Director


cc: Speaker Dennis Hastert
     Minority Leader Nancy Pelosi
     Representative Joe Barton
     Representative John Dingell

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