Food Safety: National Uniformity for Food Act [Updated January 23, 2007]   [open pdf - 105KB]

"For more than a century, national uniformity of food laws has been a long sought goal of the food industry. While early statutes tried to improve uniformity, state and local requirements established in the 1800s continued in effect throughout the United States. Food traveling in interstate commerce frequently required manufacturers to meet different nutrition labeling and/or safety standards in different states, creating additional expense and confusion. In 1990, passage of the Nutrition Labeling and Education Act (NLEA) achieved uniformity for nutrition labeling throughout the country. Provisions in the act required that all state and local provisions that were not identical to federal standards be preempted, once a study of all federal, state, and local requirements was completed. The study was conducted to determine which requirements would be preempted and which ones were unique to states/localities and should be allowed to remain in force. The NLEA allowed states to petition FDA for an exemption from preemption, if the requirement would not be in violation of any applicable federal requirement, or unduly burden interstate commerce, and provided it addressed a particular need not met by the requirements of the law. The original bill that became NLEA had contained a provision to preempt state food safety provisions, but it was dropped before passage."

Report Number:
CRS Report for Congress, RL33559
Public Domain
Retrieved From:
National Agricultural Law Center http://www.nationalaglawcenter.org/crs/
Media Type:
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