House of Representatives Passes Food Labeling Bill

On March 9, the U.S. House of Representatives approved the National Uniformity for Food Act of 2005 (HR 4167) with a 283-139 vote.

The act, which now moves to the Senate for consideration, would amend the Food Drug and Cosmetic Act to provide the FDA with sole jurisdiction over safety labeling on foods.

The proposed act would harmonize food product warning label requirements, which vary by state, thus simplifying food labeling compliance for food manufacturers and retailers.

The legislation addresses only food safety tolerances and warning label requirements and does not relate to other state labeling requirements.

The bill would prohibit states from requiring food warning labels that go beyond federal requirements. However, states could petition the FDA to add extra warnings under the bill. In particular, the bill would pre-empt California’s Proposition 65, a 1986 law that requires consumer notification about contaminants.