Senate Letters
(Re: Dietary Supplement Act)
February 12, 2010
_________________, 2010
The Honorable _______________________________:
United States Senate
Washington, DC 20515
Senators McCain and Dorgan have introduced a bill that is BAD for America!
S. 3002, the Dietary Supplement Safety Act of 2010 introduced by Senators McCain and Dorgan will cost jobs, raise the prices of dietary supplements, and restrict my health liberty. S. 3002 is regulatory overkill. As your constituent, I urge you to oppose S. 3002.
The Dietary Supplement Health and Education Act of 19994 as amended was a hard fought victory for Americans. I want you to protect it against this and all attacks. I, like more than 2/3rds of Americans, use supplements; want to keep them affordable; and in the marketplace.
Don’t let dietary supplements be regulated out of existence! The FDA has sufficient authority to regulate dietary supplements. I don’t want their power expanded. This bill will create an unreasonable regulatory burden for responsible manufacturers and distributors of dietary supplements. It would even require truck stops, Seven-11’s and industrious individuals who sell supplements in multi-level marketing programs to register with the FDA, be subject to inspection, annual reporting requirements, and monetary penalties for failure to properly comply with these new proposed regulations.
S. 3002 will do nothing to stop the unlawful activity of a handful of unscrupulous businesses who prey on the athletes who seek performance enhancing products, whom Senator McCain claims he is trying to protect.
- Dietary Supplements by and large are very safe and contribute significantly to improved health status.
- Studies show that the use of dietary supplements in particular in seniors can lower the cost of health care.
- S. 3002 would drive up costs and reduce access to quality products.
- S. 3002 would harm small businesses.
- S. 3002 is regulatory overkill.
- As an American, I don’t want S. 3002. I want DSHEA protected.
The current Administration is aggressively enforcing the current law and needs no further powers or regulatory burdens. S. 3002 would give the FDA unfettered recall authority and set the stage for abuses of power. Please DO NOT Co-Sponsor S. 3002.
Name [Signature] Name [Print]
Address City State Zipcode+4
____________________________________________________________________
(Re: S-510)
December 1, 2009
The Honorable Robert Byrd,
President Pro Tempore
United States Senate
Washington, DC 20510
Dear Senator Byrd:
As we return from the break and head into the end of the year holiday period, we remain mindful of the Thanksgiving gratitude of what we really DO have as Americans – our gift of life and freedom of choice – especially, for so many of us, when it comes to the pure organic food we eat and share with family and friends. We want to keep it this way.
The POP Campaign, Preserve Organic Power, is a growing grassroots movement of individual citizens, health organizations and networks, NGOs and businesses across America who appreciate you addressing food safety, yet, hold deep concerns over keeping organic food and its standards pure and our freedom of choice of organic food in tact. We are still very concerned about two issues in S 510 as it comes to a floor vote.
We applaud Senators Harkin and Enzi for their leadership on the HELP Committee and all of its members in addressing food safety issues. We especially acknowledge and appreciate Senators Merkley, Franken, Bennet, Fergunson, Brown, and Sanders for their efforts to protect our organics produce, fruits, nuts and herbs. We are asking for your support to go one more step to ensure protection of pure organic standards. We ask you to support “The POP Amendment” and “The CODEX Amendment” presented below.
There still appears to be an alarming loophole in S 510 in its intention and language pertaining to organics in relationship to the Organic Food Act of 1990. Specifically, irradiation and pasteurization can still be used on organic produce, fruits, nuts, and herbs grown and consumed locally and within the borders of the US. (Section 2113 [7 U.S.C. 6512]). These post harvest processes may be construed as “organic methods” because the processes use different forms of light energy (Co, Cs electron beams or high eV), heat and/or water. In the Organic Food Act, it is stated that if a practice is not prohibited, then it is permitted. These practices are not mentioned; therefore, permitted. (This is opposite with CODEX, by the way, where what is not specifically permitted is not allowed.) We know that such applications diminish the enzymes, minerals, phytonutrients and powerful life force of organic food. We do not want this. We are asking that clear language be inserted that protects us and will Preserve Organic Power and purity in our organic food and standards. We ask you to support the POP amendment to S 510.
The POP Amendment:
“In the case of farming, production, processing and sale of organic (produce, fruit, nuts, herbs) for consumption exclusively within the US local marketplace, no form of irradiation or pasteurization shall be required or used.”
Secondly, clear language exists in S 510 to “harmonize with CODEX” and to be consistent with the World Trade Organization policies. We understand the current support for CODEX implementation for trade regulation purposes i.e. to regulate imports and exports to be safe. We understand the support for full CODEX employment December 31, 2009. We strongly feel that NOTHING organically grown, produced, and consumed within the “good old US of A” boundaries should be subject to anything trade, CODEX or WTO related. We believe that a “one size fits all” broad approach to policy making on food and safety is not supportive of a healthy sustainable ecology for US consumers, where there is no clear discernment between food that is imported and exported; and food that is grown and consumed domestically. Current technology can easily identify problematic sources and allow swift follow though without sacrificing the potency of organics in an across the board application. We have a choice now to be correct in our decisions. It is essential that these external trade policies be contained and remain at a distance from domestic infringement. US laws stand-alone without risking being trumped by the international CODEX food rules, and any WTO agendas or agreements, especially pertaining to locally grown organic food. We feel that clear wording is essential to protect us.
Further, consistent with the pureness of organic standards and rights, we are requesting that First Nations be exempt from CODEX so as to support the cultural integrity of indigenous food. We ask you to support this CODEX amendment below:
The CODEX Amendment:
“Organic produce, fruits, herbs, and nuts, grown and consumed within the United States, including all First Nations, shall be exempt from CODEX harmonization. “
Over 30% of Americans eat organic regularly or sometimes, according to a Harris poll – this reflects nearly 100 million US citizens. As part of this growing segment, we ask that you preserve our right to continue growing, eating and buying pure organic food within the US.
Thank you for your consideration in supporting these amendments.
Sincerely,
The Pop Campaign
Rudi Leonardi Mikaële Holzer Dr. Brian Clement
______________________________________________________________
(Re: S-510)
November 14, 2009
The Honorable Tom Harkin, Chairman
Senate Committee on Health, Education, Labor and Pensions
United States Senate
Washington, DC 20510
Attention: Bill McConagha
Dear Chairman Harkin:
The POP Campaign, Preserve Organic Power, is a growing movement of individual citizens, health organizations, NGOs and businesses across America who applaud the attention you are giving to the issues of food safety. However, we hold very deep concerns that our inherent American right to grow, sell, buy, and eat the pure quality of organic food is being jeopardized by the unintended intent, language, or lack of clear instruction in S 510 and HR2749. We therefore ask that you consider the following recommendations as you refine S 510 in markup this week.
The POP Campaign’s primary purpose is to keep organic standards pure in their protection of pure organic processes from farm-to-mouth without the use of toxins, pesticides, fertilizers, pasteurization, preservatives, GMO’s or any other post harvest process. Pure organic foods, as you are aware, hold the nutrients, enzymes, vitamins and minerals of life. We wish to Preserve this Power of our Organics and our Choice to live and eat healthy.
We suggest the following recommendations and clear language where the Senate Committee instructs the FDA and limits its scope regarding organics, and makes a strong statement to the American people for an organic exception pertaining to CODEX harmonization within the US.
. • That the FDA develop in its guidelines clear language that protects and preserves consumer rights to grow, sell, buy and eat organic produce, fruits, nuts, seeds, legumes and herbs within the boundaries of the United States without compromising pure organic quality.
. • That the FDA, in its guidelines, insert clear language that exempts organic foods grown and consumed in the United States (produce, fruits, nuts, seeds, legumes and herbs) from the use of toxins, pesticides, preservatives, fertilization, irradiation, artificial ingredients, GMO’s or any other post harvest method that compromises organic quality. Minimally, consistency with the Organic Food Act is a must. (Note: that this exemption implies that special attention be directed to organics that cross state lines also not being subject to these methods.)
• (To go the extra mile.) That the FDA is instructed to exempt from their guidelines
personal gardens, small farms, farmers markets, health institutes, fruit stands, and Indigenous Nations, for growing, selling, buying, and consuming organics within the United States.
. • Pertaining to Section 306: (b) and (c) (5) Building Capacity of Foreign Governments with Respect to Food: “ Recommendations to harmonize requirements under the CODEX Alementarius” .
That clear language be inserted that instructs ALL “consultation” agencies involved in “developing the plan”, (Secretary of State, Treasury, Commerce, Agriculture, etc.) including the FDA to exempt from harmonization in any manner with CODEX all organic produce, fruits, nuts, seeds, legumes, and herbs grown or processed in the United States for purposes of consumption within the United States.
We feel that appropriately applied modern technology and training for growers and processors, as well as clearly directed targeted inspections to specific processing plants or water sources where it is known that contamination originates, all will adequately help protect the American people from food bourn illnesses.
As there appears to be confusing language in HR 2749 and an implied attempt to marry or merge imported food restrictions with domestic, even in the facilities discussions, we also feel that the issue of any restrictions on inter-state shipping of organics be clearly addressed, as recommended above. It does not make sense that the constituents of Senators from Vermont, Colorado, Wyoming or Utah, during the winter, not be able to buy a pure organic orange from Florida without it being subject to pasteurization, irradiation, or any other compromised post harvest measure, or an apple from the State of Washington.
We look forward to working with you to ensure that any economic and environmentally friendly legislation not inadvertently undermine the pureness of organic standards.
Thank you for considering these points and recommendations and for giving serious attention to our concerns.
Respectfully and sincerely,
The POP Campaign
