News & Observer | newsobserver.com | Feds would rule on food labels

Published: Jun 08, 2006 12:00 AM
Modified: Jun 08, 2006 05:30 AM

Feds would rule on food labels

Burr touts simplicity; opponents see danger

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NATIONAL UNIFORMITY FOR FOOD ACT OF 2006

WHAT IT DOES: It would wipe out some state laws regarding food labeling and food safety.

WHAT IT LEAVES: Federal guidelines would prevail. In some cases, if there are no federal guidelines, there might be no regulation.

WHAT COULD STATES DO? Individual states could petition the Food and Drug Administration to leave their state rules in place.

WHAT DO BACKERS SAY? Supporters say it sets the same level of protection for consumers nationwide and sets uniform standards for labels. Some say consumers could see lower prices if manufacturers don't have to meet state-by-state rules.

WHAT DO OPPONENTS SAY? Detractors, including 39 state attorneys general, say the bill would gut consumer protections. A 1986 California law, for instance, has forced manufacturers nationally to remove lead and arsenic from products such as candy and bottled water.

HOW MUCH WILL IT COST? The Congressional Budget Office estimates a cost of $100 million over five years to the federal government. The cost to states is unknown. There are no expected costs for the food industry.

WHAT ABOUT NORTH CAROLINA? Opponents say state laws governing milk safety, shellfish safety and food inspections would be wiped out. Supporters say that isn't true. Attorney General Roy Cooper has taken no position.

WHAT'S NEXT? A House bill passed this spring. Sen. Richard Burr has introduced the bill in the Senate. Opponents are pushing for hearings.

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WASHINGTON - There's a proposal in Congress that some people say could affect the safety of hush puppies, oysters, bean sprouts and other foods served in North Carolina and across the nation.

Others say it would simplify food regulation without compromising safety.

The bill, pushed for years by Sen. Richard Burr, a Winston-Salem Republican, would make food labels and regulations uniform nationwide, eliminating the patchwork of state-by-state rules in favor of federal law.

It is aimed at rules in some states that require warning labels on foods with harmful ingredients.

What the bill would mean for state food inspections is unclear. And that's a concern for state officials, because more than 80 percent of food safety inspections are done at state and local levels.

"What we don't want is this legislation to remove our right to develop laws to ensure safety," said Joe Reardon, director of food and drug protection for the N.C. Department of Agriculture and Consumer Services.

Across the nation, 39 states' attorneys general, along with the national associations of agriculture departments and food inspectors, oppose the bill. Its language is too broad and vague, they say.

North Carolina has taken no position. Attorney General Roy Cooper hasn't reviewed the bill, a spokeswoman said.

The bill says federal law would pre-empt state regulations. States that want to keep their own rules would have to petition the Food and Drug Administration for approval.

The Congressional Budget Office has called the scope of the legislation "ambiguous." It estimates the bill would cost the FDA $100 million over the next five years, including $400,000 a pop to sort through an estimated 240 state petitions.

Burr, the bill's chief sponsor in the Senate, says the legislation makes for good policy and would protect consumers and food companies from scattershot rules.

"I'm a businessperson," Burr said in an interview Tuesday. "And that will never change."

Striding across his Senate office to a closet, Burr pulled out a package of crackers from Lance, the Charlotte snack maker.

"It makes absolutely no sense," he said, "to suggest to any business that in the future they may have to market their product in 50 different configurations in 50 different states."

Burr said the bill would not prevent states from inspecting food.

Assumed safety

The issue can be baffling to consumers who just want to get groceries.

When Samantha Struckmann of Raleigh shops for food, she isn't thinking about whether the bagged salad has E. coli or the shellfish once swam in coliform bacteria. She's focused on her grocery list and keeping two small boys in check.

"I just assume everything's safe," said Struckmann, a stay-at-home mom whose sons are 3 months and 3 years old.

Most consumers do, said Charlie Ingram of the National Association of State Departments of Agriculture.

"The average consumer probably doesn't know the amount of safety checks that are done," he said. "This legislation prevents our state and local people from carrying out their duties."

North Carolina inspects foods including bakery goods, frozen treats, dairy products, seafood, candy, ready-to-eat fruits and vegetables, meat, salads and sandwiches, Reardon said.

The state uses its own criteria, without federal guidance. It conducts more than 22,600 bacterial tests a year, looking for such microbial pests as E. coli and Staphylococcus aureus.

The shellfish oversight program does follow federal guidelines. But in many cases North Carolina's rules are stricter, said Wayne Mobley, who oversees shellfish safety for the state.


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Washington correspondent Barbara Barrett can be reached at (202) 383-0012 or bbarrett@mcclatchydc.com.

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