RESOLUTION

WHEREAS, the food safety system in the United States is the shared responsibility of local, state, and federal partners; and

WHEREAS, approximately 80 percent of food safety inspections in the nation are completed at state and local levels; and

WHEREAS, consumers are well served by being able to come to their local or state governments to have food safety complaints and issues addressed; and

WHEREAS, federal agencies frequently turn to state authorities to deal with imminent health hazards; and

WHEREAS, it is imperative that states have the right to act quickly to address local and statewide public health concerns that cannot be anticipated or are not adequately addressed nationally; and

WHEREAS, the existing food safety system forms the first line of defense against the threat of a terrorist attack on our nation’s food supply; and

WHEREAS, the passage of House Resolution 4167, the "National Uniformity for Foods Act of 2005", is meant to provide uniform food safety warnings and notification, but, instead, may have the adverse effect of undermining proven consumer protection efforts by pre-empting state and local laws governing food safety, the labeling of food products, and the issuance of warning notifications; and

WHEREAS, the National Association of State Departments of Agriculture that represents the directors of the state departments of agriculture in the fifty states and four territories, the Association of Food and Drug Officials, and the Association of American Feed Control Control Officials, have voiced strong opposition to House Resolution 4167; and

WHEREAS, the Attorney General of the State of Hawaii has expressed concern that House Resolution 4167 could impact Hawaii’s milk distribution, food additive laws, and restaurant safety laws, and has joined with thirty-five other states' attorneys general in opposition to House Resolution 4167; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that the United States Congress is urged to oppose House Resolution 4167, thereby recognizing and leaving intact state and local government control over food safety issues; and

BE IT FURTHER RESOLVED that the Legislature respectfully requests that the United States Congress encourage the National Association of State Departments of Agriculture and the Association of Food and Drug Officials to continue discussions with food industry representatives to address the concerns enumerated in this measure and to retain state and local government control over food safety issues; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the United States Senate, Speaker of the United States House of Representatives, and members of Hawaii's Congressional delegation.

Report Title:

Food Safety