Press Release
http://www.thenhf.com
November 20, 2009

PRESS RELEASE

 S.510 FOOD SAFETY – PARTIAL BUT IMPORTANT VICTORY

OFFERS SOME PROTECTION AGAINST CODEX

November 20, 2009

         The Senate HELP Committee unanimously approved an amended version of S.510, the FDA Food Safety Modernization legislation.  On the Codex issue, a partial but important victory was achieved.  NHF member's concerns, and the concerns of others in the health-freedom community, were heard, as the statutory language on Codex harmonization was changed to direct the Food and Drug Administration to report to Congress on "whether and how to harmonize requirements under the Codex Alimentarius" on the issue of foreign conventional food processing standards.

         This is an important but partial victory.  There are a few organizations along with the NHF that have been seriously committed to actually lobbying and petitioning the Senate concerning the FDA's involvement with Codex, and we are all grateful to those Senators active in eliminating the harmonization wording.  An additional, related issue, though, concerns the FDA’s failure to comply with existing Federal law and issue a regulation to exempt dietary supplements from any international harmonization standards (i.e., Codex).

         The NHF is still opposed to H.R.2749 and S.510.  We supported eliminating any reference to the use of Codex harmonization standards for foods in the bill because of, among other things, the FDA's historical abuse when applying food standards to supplements.  The modified statutory language takes a step in this direction, but does not fully close the door.  This is important because if it is enacted into final law, then the FDA will still be required to report to Congress on how it intends to implement a national food-safety plan and will have to explain its use of Codex harmonization standards for conventional foods only (but not as to supplement products).  If the FDA decides to apply international harmonization standards to U.S. supplements, it will have to explain what U.S. law gives them the authority to do so.

         Both Senators Orrin Hatch and Tom Harkin (the Committee Chairman) in opening statements, spent several minutes stating that Codex did not apply to DSHEA.  Specifically, Senator Harkin said, "Codex has no jurisdiction over the regulation of the manufacture and sale of supplements in the United States."

         As equally important as the statutory language is the yet-to-be-filed Bill Report language, which will amplify these statements on this provision of the bill.  Bill Reports state Congressional intent on the meaning of the statutory language in enacted laws.  The next steps in the process are for the Senate to pass the "Chairman's Mark," the new S.510, followed by a joint House-Senate Conference Committee to resolve differences with the Waxman/Dingell bill, H.R.2749.

         In a related issue, the NHF is jointly lobbying Congress with the National Health Freedom Coalition, Sunshine Health Freedom Foundation, and a few other groups with Washington lobbyists, all of whom are continuing to work with Senate staff to insert our FDA Codex regulatory-fix language into the Senate Bill report for S.510.  Our language supports the statutory language in the Senate bill on the FDA and reference to Codex standards not applying to DSHEA already in the bill.  The fix language would force the FDA to report to Congressional Committees on why, for over 10 years, the FDA has refused to issue a regulation, as was instructed in the FDA Modernization Act of 1997, to exempt dietary supplements from international harmonization standards.

         The modified bill language – with clear statements of Congressional intent on the non-application of Codex standards to supplements – is an important step forward.  The Bill Report should provide further protection against the FDA's continued Codex dietary supplement interpretive freelancing, especially with inclusion of the FDA/Codex regulatory-fix language.

         A copy of the Chairman's Mark, the new S.510, can be downloaded from the NHF webpage at: www.thenhf.com/government_affairs/federal/S510ChairmansMark.pdf.

         The Federation appreciates the continued active participation of members to influence this decision.  The ongoing Congressional assault upon Americans’ freedoms as well as the Congressional drive to expand control of the FDA and more government control over health matters continue.

********************

 

For further information on Codex, please visit the NHF website (Codex): http://www.thenhf.com/codex.html

NHF Codex Book   -

NHF Codex Overview (May be used as an article or printed as a handout to educate on Codex) -

NHF-UK Codex Overview (May be used as an article or printed as a handout to educate on Codex) -

 

********************

As the oldest and best-respected health-freedom group on Capitol Hill, the NHF continues to be the credible source of objective assessment of, and proactive actions on, Congressional legislation and FDA matters that have material impact upon our freedom-of-health choices and access to dietary supplements and nutritional foods.

********************

Click here for the permanent link to this press release, use this link to inform others.