Wednesday, December 1, 2010 @ 12:12 PM
posted by Rudi

After the Senate vote on the Food Safety Bill, the House was expected to vote quickly – pro-forma.

It appears that Section 107 of the Senate bill contains a revenue-raising (i.e., taxing) provision which appears unconstitutional according to Article I, Section 7, of the Constitution: “All bills for raising Revenue shall originate in the House of Representatives.”  Because of the Senate violation, the House has implemented a procedure known as “blue slipping” to keep the bill out of consideration and send it back to the Senate to clean it up.

The only possible “quick fix” would be a unanimous consent agreement in the Senate to strike that revenue-raising provision from the bill—and, after speaking with staff in  Sen. Tom Coburn’s office, there are efforts to oppose this so that a unanimous consent will be impossible.

Stay tuned – what will be done with the Bill – spend more time in a a Lame Duck Congress, opening everything up for controversy again, or do nothing and allow the bill to die.

If this happens and the bill dies, a new bill would be introduced next year with a much better opportunity to craft something that really works for all of us in the health and wellness industry. This stall is what is needed. Stay Tuned.

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