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C
Letter of Request Sent to State and Local Regulators and Consumer Groups by the Committee on State Food Labeling

Dear [State Food Regulator]:

On behalf of the Institute of Medicine's Committee on State Food Labeling, I would like to take this opportunity to thank you for sending the materials that you and your staff provided on your State laws and regulations that are relevant to our study.

As you know, the Committee on State Food Labeling is charged with evaluating the adequacy of Federal regulations addressing six sections related to misbranding in the Food, Drug, and Cosmetic Act (FDCA) as required by the Nutrition Labeling and Education Act of 1990 (NLEA). The Committee is engaged in a six-month study to:

  1. assemble a list of all relevant State and local statutes dealing with six misbranding sections of FDCA that will be preempted under NLEA;

  2. describe the provisions of each State and local statute which pertains to the sections under study and the basis upon which the provisions were developed;

  3. assess the extent to which each of the six sections of FDCA are being implemented under current and proposed regulations and evaluate existing data on the impact to public health and nutrition, consumer protection and economics; and



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OCR for page 169
Food Labeling: Toward National Uniformity C Letter of Request Sent to State and Local Regulators and Consumer Groups by the Committee on State Food Labeling Dear [State Food Regulator]: On behalf of the Institute of Medicine's Committee on State Food Labeling, I would like to take this opportunity to thank you for sending the materials that you and your staff provided on your State laws and regulations that are relevant to our study. As you know, the Committee on State Food Labeling is charged with evaluating the adequacy of Federal regulations addressing six sections related to misbranding in the Food, Drug, and Cosmetic Act (FDCA) as required by the Nutrition Labeling and Education Act of 1990 (NLEA). The Committee is engaged in a six-month study to: assemble a list of all relevant State and local statutes dealing with six misbranding sections of FDCA that will be preempted under NLEA; describe the provisions of each State and local statute which pertains to the sections under study and the basis upon which the provisions were developed; assess the extent to which each of the six sections of FDCA are being implemented under current and proposed regulations and evaluate existing data on the impact to public health and nutrition, consumer protection and economics; and

OCR for page 169
Food Labeling: Toward National Uniformity make recommendations to FDA on the adequacy of Federal regulations in addressing the six sections of FDCA and identify those State/local statutes that should be considered for Federal adoption. The Committee on State Food Labeling is seeking to obtain comments on State and local statutes, and their impact and rationale in relationship to the adequacy of Federal regulations for the six sections of the law under study. Those misbranding provisions being examined include: food under the name of another food [Sec. 403(b)] container fill and deceptive packaging [Sec. 403(d)] placement of required information [Sec. 403(f)] standard of quality and fill [Sec. 403(h)] common or usual name [Sec. 403(i)(1)] labeling of artificial flavors, colors, or chemical preservatives [Sec.403(k)] In addition to the materials you have sent, the Committee would like to have your comments on the following questions in order to complete our information gathering. What is your State's perspective on the adequacy of Federal regulations in the six areas that the Committee must address? What impact do you anticipate preemption of these sections will have on relevant statutes in your State/locality? Is it important for consumer protection and public health that your State regulation be maintained or adopted as a Federal regulation? Are there ''of the type'' statutes in your State of which the Committee should be aware (either in your agency or another state agency charged with administering such statutes)? Is there case law in your State concerned with any of the six issues that are to be addressed in this study that the Committee should consider? Are there any other issues that you believe should be brought to the Committee's attention as it deliberates on recommendations to FDA concerning preemption of your State statutes? The Committee on State Food Labeling would appreciate your answers to any of these questions that are relevant to your State. We need your answers as soon as possible, but no later than July 15, 1991. Please mail your responses to:

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Food Labeling: Toward National Uniformity Donna V. Porter, Ph.D. National Academy of Sciences IOM-FNB 2137-308 2101 Constitution Ave, N.W. Washington, DC 20418 If you have further questions, please contact the Project Director, Donna Porter [...] please leave a message on the answering machine, if she is not available. The Committee's Vice Chair, Mary Heslin joins me in thanking you in advance for your assistance in answering these questions. Sincerely yours, J. Paul Hile Chair, Committee on State Food Labeling cc:  State Governor Donna V. Porter, Project Director NOTE: These questions were modified slightly depending upon the recipient of the letter (e.g., state and local regulators, or consumer groups).

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