Slam brakes on bad bill

It's the perfect storm of insider access, big money and bad policy.

The "National Uniformity for Food Act," which quietly and swiftly passed the House of Representatives without a hearing -- has been deceptively marketed by the Grocery Manufacturers of America and allied industry groups as an attempt to standardize food labels.

In reality, it effectively removes the states from the critical role they play in ensuring the safety of the nation's food supply. A similar bill now heads to the U.S. Senate.

The bill would prevent the Florida Department of Agriculture from regulating contaminated food, emergency permits, food additives, animal drugs, poisonous ingredients, and color additives unless those regulations are identical to the Food and Drug Administration.

The states have traditionally taken the lead in protecting consumers from contaminated foods. In fact, 80 percent of pre-retail food inspections are performed at the state level. The state is much more mobile and quicker to act in tackling food adulteration problems than the FDA.

For example, Florida required warnings on raw oyster consumption years before they were mandated by the FDA, and Florida removed the stimulant Ephedra from store shelves before the FDA even recognized it as a problem. Under this bill, Florida could not have taken those consumer protection measures unless the FDA had identical regulations in place.

If Florida has a food safety regulation that is more protective than the FDA's regulation, it would be precluded from taking action to protect our safety without first enduring a lengthy and costly petition process asking permission to act from the FDA.

That's why the bill is opposed by the Florida Department of Agriculture and Consumer Affairs, and 37 state attorneys general. The Congressional Budget Office estimates that the bill would affect more than 200 state laws and cost more than $100 million because of the litigation it would encourage.

Moreover, provisions in the bill preventing states from adopting more stringent safety standards than federal regulations sets a dangerous precedent. What will special interests attack next? More stringent state laws that protect clean air or clean water?

Sens. Bill Nelson and Mel Martinez should oppose the very idea that Florida should be restrained from protecting consumers' food supply unless the FDA approves. It's time that our senators slam the brakes on this industry-backed bill racing through Congress.