National Uniformity for Food Act of 2005

NATIONAL UNIFORMITY FOR FOOD ACT OF 2005 -- (House of Representatives - March 08, 2006)

Ms. SCHAKOWSKY. Mr. Chairman, I rise in strong opposition to H.R. 4167, the National Uniformity for Food Act. H.R. 4167 is intended to provide uniform food safety warnings and notifications. As written, however, it would hinder my state of Illinois' ability to protect the food supply and to respond quickly to local food safety concerns.

The National Uniformity for Food Act would weaken Illinois' ability to protect its residents from contaminated food by adding a layer of bureaucracy before such food could be removed from the shelves. Eighty percent of the country's food safety inspections are completed at the state and local levels. The bill preempts state food safety rules, which are often more stringent than federal standards and threatens the states' capacity to respond without delay to food safety issues.

For example, in 2002, 40 Illinois school children became sick after eating what appeared to be ammonia-contaminated chicken. Our Department of Public Health issued the necessary embargoes and the product was immediately removed from schools so no other children became ill. H.R. 4167 would prevent our state health department from taking immediate action in a similar situation.

In addition, H.R. 4167 would erect a number of legal hurdles. The bill would force state standards and procedures to be made identical to federal standards and procedures. H.R. 4167 would therefore prevent Illinois from taking action to keep any contaminated product regulated under the Illinois Food, Drug and Cosmetic Act out of the marketplace. For example, the bill would: remove Illinois' ability to take emergency action to keep contaminated food from reaching the public; prohibit Illinois from providing state-level consumer food warnings, including the mercury contamination in fish, the content of fats and oils in food, and the use of pesticides on fruits and vegetables; remove the state's ability to ensure the safety of food and color additives; and preempt state laws that require stores selling alcoholic beverages to post warning signs about the risks of drinking alcohol during pregnancy.

Every year, 76 million Americans suffer from food poisoning resulting in approximately 5,000 deaths. The stakes are only growing now that mad cow disease has been discovered in the United States. In addition, we must remain aware that our food supply is a potential target of terrorism. Now is the time to strengthen, and not dilute, our efforts to detect unsafe food products before they reach grocery store shelves.

I have received nearly 500 letters of opposition to H.R. 4167 from my constituents, in addition to letters of opposition from Illinois Attorney General Lisa Madigan, the Illinois Public Interest Research Group, and Illinois Governor Rod Blagojevich. Governor Blagojevich writes: "Regulating and protecting the food supply is a responsibility shared by local, state and federal governments. In fact, approximately 80 percent of food safety inspections in the United States are completed at state and local levels. Therefore, passage of House Resolution 4167, preempting state rules on food supply that may be stronger than federal law, could put Illinois' residents and visitors at risk." I cannot support legislation which would hinder Illinois' ability to respond quickly to local food safety concerns. I encourage my colleagues to join me in opposing this legislation.

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