Farm Bill Proposal Threatens Local, State Food Laws

A new provision introduced with little fanfare into the proposed 2007 U.S. Farm Bill could wipe out numerous state and local regulations aimed at ensuring food safety or restricting genetically modified food products, according to a letter of objection sent to the House Agriculture Committee by more than 40 consumer, food-safety, environmental and other groups.

The brief provision, Section 123 of Title I, would prohibit states or local governments from banning any foods already inspected and passed by the Secretary of Agriculture, as well as any foods that the secretary has designated as "non-regulated."

If approved, that language would effectively kill existing state and local laws such as California's ban on genetically engineered fish in its waters, Arizona's voter-approved requirement to treat farm animals humanely and Chicago's prohibition on foie gras.

"At a time when we have seen repeated food safety failures at F.D.A. and U.S.D.A., we need more food safety protection, not less," said Jean Halloran, director of Food Policy Initiatives at Consumers Union, which publishes Consumer Reports. "This clause would tie the hands of states on meat, poultry and genetically engineered food."

Recent incidents that have raised public awareness of food safety regulations including outbreaks of E. coli in spinach and ground beef, and melamine-tainted pet food linked to the deaths of numerous cats and dogs in the U.S.

State and local animal protection laws would also be threatened, according to Wayne Pacelle, president and CEO of the Humane Society of the United States.

"Section 123 will subvert the principles of federalism and states' rights," Pacelle said. "If this appalling and outrageous measure is approved, agribusiness will accomplish what it could not achieve in state legislatures: the evisceration of state laws to protect horses from slaughter and a raft of other democratically approved animal welfare reforms."