NHF NEWS RELEASE

TWO DANGEROUS SENATE BILLS:
S.3767 AND S.510 AS OF TODAY

September 29, 2010

 

For those wondering about the truth of the threat posed by Senator Leahy’s recently-introduced “Food Safety Accountability Act” (S.3767), especially in conjunction with the already-in-process S.510 bill, here is the National Health Federation’s take and action on this matter:

• S.3767 is a threat to natural and other food products.  If passed, it would mandate fines and up-to-ten-year prison sentences that the FDA could use as a club against natural-food-product producers who make even minor mistakes in labeling and/or food production that result in no harm to anyone.
• But S.3767 has no legs without a House companion bill. To be a real threat, it must be joined with an existing bill, as an amendment, such as S.510.
• S.510, however, exempts dietary supplements from its purview.  Therefore, if S.3767 is joined with S.510 as an amendment, as House Majority Leader Reid attempted to do but failed, it will not be a threat to supplements unless some major change is first made to S.510 in removing the dietary-supplement exemption.
• S.3767, however, remains a possible threat to other natural food products depending largely upon whether or not the House bill (H.R.2749) provision that exempts organic and small farmers survives a Senate-House conference committee and/or partly upon whether Senator Testor’s amendment to exempt small producers (that is under $500,000 in sales) is added to S.510.  We agree with those who say that the proposed Testor amendment is not protection enough for small farmers and other producers.  Thus, S.3767 still remains a potential threat.
• Regardless, S.3767 must be opposed as it adds major penalties and prison terms that are unnecessary and even counter-productive.  Our strong opposition to S.510 continues.

Unfortunately, some trade organizations such as the Council for Responsible Nutrition (CRN) actually support the passage of S.510, because they claim it will bolster the safety of dietary supplements.  (See http://www.nutraingredients-usa.com/Regulation/CRN-backs-Food-Modernization-Act/?c=K/Fh6uqQ66DHgyRzALevrw%3D%3D&utm_source=newsletter_weekly&utm_medium=email&utm_campaign=Newsletter%2BWeekly#.)  Yet, S.510 exempts supplements from its purview, so CRN’s stated reason for support is rather bizarre.  We ask you to contact CRN (which has the ears of some Senators) and tell it exactly how little you think of its misguided approach to protecting the dietary-supplement industry.  CRN can be reached at 1-202-204-7700 or webmaster@crnusa.org.

Fortunately, many others strongly oppose S.510 and, with two exceptions, virtually all of its fly-swarm of legislative attachments.  NHF National Lobbyist Lee Bechtel notes that “NHF has concerns with S.510 and S.3767 as well as the House food-safety bills, not because of some of the blurring line claims being made, but because of the potential confusion with S.3767 and the House bills over these lines and potential impact between these bills and the S.510/H.R.2749 food-safety bills. There is not clear and consistent exemption language in all four bills as regards to supplements and small and organic farmers. These probably will not cause issues, but one can never be sure when unknowing bureaucrats get involved in implementing and enforcing whatever laws emerge at the end of the process.”

As for S.510’s prospects for passage as of this date, The Hill’s Alexander Bolton just reported, “Sen. Tom Harkin (D-Iowa), chairman of the Health, Education, Labor and Pensions Committee, hopes Congress will pass food-safety legislation Reid tried to bring to the floor last week.  Democratic leaders pulled the bill even though they could have had enough votes to stop a Republican filibuster.  Durbin, who has made food safety a high priority, later told reporters that it could have taken nearly a week to jump through the procedural hoops necessary to pass the bill.”  (See http://thehill.com/homenews/senate/121223-dems-stuff-lame-duck.)

And Senator Jim DeMint has threatened to stop any legislation, including S.510, that is not approved by both parties before the Senate adjourns.  Since a hold such as this can only be overridden by a time-consuming procedural vote, this means that S.510 is unlikely to be considered before the pre-election adjournment of Congress.  So, it looks to NHF as if the Democrats will try to pass this legislation during Congress’ lame-duck session after their anticipated major losses in the November elections and before they lose control of at least one house of Congress.

Renew your opposition now to S.510 and signal your opposition to S.3676 by signing NHF’s petition at http://www.thenhf.com/press_releases/s510_petition.htm.  These measures must not pass in any form.

S.510 Managers Amendment – To view the Managers Amendment [click here]

 

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

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.

National Health Federation: Established in 1955, the National Health Federation is a consumer-education, health-freedom organization working to protect individuals’ rights to choose to consume healthy food, take supplements and use alternative therapies without unnecessary government restrictions. The NHF is the only such organization with recognized observer-delegate status at Codex meetings. www.thenhf.com

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

FIND US ON FACEBOOK!

If you would like to be removed from this mailing list, click here.

P.O. Box 688, Monrovia, CA 91017 USA ~ 1 (626) 357-2181 ~ Fax 1 (626) 303-0642

Website: www.thenhf.com E-mail: contact-us@thenhf.com