September 27, 2004
Members of the House Energy and Commerce Committee
Dear Member of Congress:
The National Association of State Departments of Agriculture (NASDA) reiterates its strong opposition to the National Uniformity for the Food Act of 2003 (H.R. 2699). NASDA represents the commissioners, secretaries and directors of the state departments of agriculture in the fifty states and four territories.
We understand the Energy and Commerce Committee may mark-up the legislation this week. The state departments of agriculture are very concerned that this bill goes far beyond its stated purpose of providing uniform food safety warning notification requirements and expands federal preemption under the Food, Drug, and Cosmetics Act. Specifically, we believe the bill threatens existing state food safety programs and jeopardizes existing state/federal food safety cooperative programs such as those relating to Grade A milk, retail food protection and shellfish sanitation.
As you know, the current food safety regulatory system in the United States is the shared responsibility of local, state and federal partners. Keep in mind that approximately 80% of food safety inspections in the nation are completed at state and local levels. Therefore, it is imperative that states have the right to act quickly to enact laws that address local and statewide public health concerns that cannot be anticipated or are not adequately addressed nationally.
NASDA believes that the existing food safety system forms the first line of defense against the growing threat of a terrorist attack against our nation’s food supply. The preemption of state and local food safety programs would leave a critical gap in the safety net that protects consumers. It is inconceivable that the Committee would consider radically altering the existing food safety system at a time when many experts agree our food supply is vulnerable. At a minimum, the Committee should hold hearings to discuss these criticial issues and seek full input from state and local partners in the food safety system.
Our affiliate organization, the Association of Food and Drug Officials (AFDO) has proposed substitute language to address our stated concerns with H.R. 2699, and the state departments of agriculture strongly supports this proposal.
Again, we urge you to oppose H.R. 2699 as currently written.
Sincerely,
Gene Hugoson
President, NASDA
Commissioner, Minnesota Department of Agriculture
Nathan Rudgers
President-elect, NASDA
Commissioner, New York Department of Agriculture & Markets