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Celiac.com 06/02/2002 Prepared by Laura Yick - There are currently two bills in congress regarding food labeling that affect people with celiac disease. Both HR 1356 and HR 4704 were introduced by Representative Nita M. Lowey (D-NY) in the House of Representatives. S 2499 is the same as HR 4704 and was introduced by Senator Edward M. Kennedy (D-MA) in the Senate. It appears that HR 1356 is somewhat conflicting with HR 4704 and is a weaker version with less detail. HR 4704/S 2499 bill looks to be more beneficial for us (we all know the frustrations of having to verify the gluten status of foods, even if they are labeled gluten-free!), as it contains a section that deals with cross-contamination (see p.9 lines 13-25, p.10, and p.11 lines 1-2). HR 4704/S 2499 is under the control of the Secretary of Health and Human Services, however, the enforcement of cross-contamination labeling is not clear. You can compare them for yourself by going to the US Congress websites listed below. Here is a summary of each bill and a listing of the committee and subcommittee members who have control over the fate of the bills: House Bill H.R.1356 Sponsor: Rep Lowey, Nita M.(introduced 4/3/2001) Title: To amend the Federal Food, Drug, and Cosmetic Act to require that foods containing spices, flavoring, or coloring derived from meat, poultry, other animal products (including insects), or known allergens bear labeling stating that fact and their names. SUMMARY AS OF: 4/3/2001--Introduced. Food Ingredient Right to Know Act Amends the Federal Food, Drug, and Cosmetic Act to provide that a food shall be deemed to be misbranded if it contains any spice, flavoring, or coloring derived from meat, poultry, any other animal product (including insects), or a known food allergen unless its labeling bears a statement with appropriate prominence on the information panel providing that fact and the name of the meat, poultry, other animal product, or known food allergen. STATUS: 4/3/2001: Referred to the House Committee on Energy and Commerce (see below for list of committee members). 4/25/2001: Referred to the Subcommittee on Health (see below for list of subcommittee members). 07/29/2002: The food Allergen Bill S.2499 has been rescheduled for discussion after the August recess. House Bill H.R.4704 Sponsor: Rep Lowey, Nita M.(introduced 5/9/2002) Title: To amend the Federal Food, Drug, and Cosmetic Act to establish labeling requirements regarding allergenic substances in food, and for other purposes. STATUS: (color indicates Senate actions) 5/9/2002: Referred to the House Committee on Energy and Commerce. 5/17/2002: Referred to the Subcommittee on Health. Senate Bill S.2499 Sponsor: Sen. Kennedy, Edward M.(introduced 5/9/2002) Title: A Bill to amend the Federal Food, Drug, and Cosmetic Act to establish labeling requirements regarding allergenic substances in food, and for other purposes. STATUS: 5/9/2002: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. The current laws of the United States can be found at: http://law2.house.gov/download.htm Note that HR 4704 and S 2499 have exactly the same wording except for the sponsors. Bills in committees or subcommittees have three fates: (1) Tabled (i.e., they are essentially postponed, possibly forever), (2) Releasing it for a full House or Senate vote with a recommendation to pass it, (3) Revised and then released as in (2). Bills in committees also may be referred to subcommittees within the committee. It is possible that the Senate Committee on Health, Education, Labor, and Pensions may refer S 2499 to the Subcommittee on Public Health. The bill needs to pass with a simple majority (218 of 435 in the House, 26 of 50 in the Senate). The bill then goes to the other congressional body where the process begins again. Once both the House and Senate pass the bill, any differences between the House version and Senate version must be worked out by a conference committee of both House and Senate members. Then the bill must finally be approved by both the House and Senate. Because HR 4704 and S 2499 are concurrent, the entire process may be faster than if only one body of Congress were working on it. Finally, the President needs to approve it; otherwise, the bill goes back to the House and Senate and must pass by a 2/3 majority in both. If your representative or senator is listed below on a committee and/or subcommittee that is reviewing a bill, it is important that you request them to speed the committee recommendation of the bill to the full House or Senate vote and to ensure that it is not weakened. If your representative or senator is not on one of the committees or subcommittees, you could still urge them to support the speedy passage of the bills. Speedy passage is essential because there is a clause that gives a four year grace period. Politically, it may be especially effective for you to write your congress people regarding these bills if they are up for re-election, or if they are seeking higher office in an upcoming election, but any e-mail to your representatives will be helpful. To see who your representative is: http://www.house.gov/house/MemberWWW.html To write your representative: http://www.house.gov/writerep/ To see who your senators are: http://www.senate.gov/senators/senator_by_state.cfm To write your senators: http://www.senate.gov/contacting/index.cfm Tips from the GIG on writing your letters or e-mails: Address the Congressman as Honorable. Keep the letter to one page. Stay on the message - The passage of Representative Lowey and Senator Kennedy Bill, the Food Allergen Consumer Protection Act is important to the health and safety of thousands of persons suffering from allergies and intolerances. Use the language used in the Bill ...gluten and allergens, not celiac disease. Tell them what you want -- for them to support passage of this Bill. Sharing a bad experience and how passage of this bill would have made a difference can be helpful...but keep it brief. Remind them you follow their votes and that you appreciate their support. Sign your name, provide your full address, and phone number. The names of Subcommittee and Committee Members who control the fate of these bills. We can make a difference with our letters and e-mail to them: The current House Committee on Energy and Commerce: W. J. Billy Tauzin, Chairman Michael Bilirakis, Florida Joe Barton, Texas Fred Upton, Michigan Cliff Stearns, Florida Paul E. Gillmor, Ohio James C. Greenwood, Pennsylvania Christopher Cox, California Nathan Deal, Georgia Richard Burr, North Carolina, Vice Chairman Ed Whitfield, Kentucky Greg Ganske, Iowa Charlie Norwood, Georgia Barbara Cubin, Wyoming John Shimkus, Illinois Heather Wilson, New Mexico John B. Shadegg, Arizona Charles Chip Pickering, Mississippi Vito Fossella, New York Roy Blunt, Missouri Thomas Davis, Virginia Ed Bryant, Tennessee Robert Ehrlich, Maryland Steve Buyer, Indiana George Radanovich, California Charles F. Bass, New Hampshire Joseph Pitts, Pennsylvania Mary Bono, California Greg Walden, Oregon Lee Terry, Nebraska Ernie Fletcher, Kentucky John D. Dingell, Michigan, Ranking Member Henry A. Waxman, California Edward J. Markey, Massachusetts Ralph M. Hall, Texas Rick Boucher, Virginia Edolphus Towns, New York Frank Pallone Jr., New Jersey Sherrod Brown, Ohio Bart Gordon, Tennessee Peter Deutsch, Florida Bobby L. Rush, Illinois Anna G. Eshoo, California Bart Stupak, Michigan Eliot L. Engel, New York Tom Sawyer, Ohio Albert R. Wynn, Maryland Gene Green, Texas Karen McCarthy, Missouri Ted Strickland, Ohio Diana DeGette, Colorado Tom Barrett, Wisconsin Bill Luther, Minnesota Lois Capps, California Mike Doyle, Pennsylvania Chris John, Louisiana Jane Harman, California House Committee on Energy and Commerce Subcommittee on Health: Michael Bilirakis, Florida, Chairman Joe Barton, Texas Fred Upton, Michigan James C. Greenwood, Pennsylvania Nathan Deal, Georgia Richard Burr, North Carolina Ed Whitfield, Kentucky Greg Ganske, Iowa Charlie Norwood, Georgia, Vice Chairman Barbara Cubin, Wyoming Heather Wilson, New Mexico John B. Shadegg, Arizona Charles W. Chip Pickering, Mississippi Ed Bryant, Tennessee Robert L. Ehrlich, Jr., Maryland Steve Buyer, Indiana Joseph R. Pitts, Pennsylvania W.J. Billy Tauzin, Louisiana Sherrod Brown, Ohio, Ranking Member Henry A. Waxman, California Ted Strickland, Ohio Tom Barrett, Wisconsin Lois Capps, California Ralph M. Hall, Texas Edolphus Towns, New York Frank Pallone, Jr., New Jersey Peter Deutsch, Florida Anna G. Eshoo, California Bart Stupak, Michigan Eliot L. Engel, New York Albert R. Wynn, Maryland Gene Green, Texas John D. Dingell, Michigan Senate Committee on Health, Education, Labor, and Pensions: Edward M. Kennedy, MA, Chairman Christopher Dodd, CT Tom Harkin, IA Barbara Mikulski, MD James Jeffords, VT Jeff Bingaman, NM Paul Wellstone, MN Patty Murray, WA Jack Reed, RI John Edwards, NC Hillary Clinton, NY Judd Gregg, NH, Ranking Member Bill Frist, TN Mike Enzi, WY Tim Hutchinson, AR John Warner, VA Christopher Bond, MO Pat Roberts, KS Susan Collins, ME Jeff Sessions, AL Mike DeWine, OH Senate Committee on Health, Education, Labor, and Pensions Subcommittee on Public Health: Edward M. Kennedy, MA, Chairman Tom Harkin, IA Barbara Mikulski, MD James Jeffords, VT Jeff Bingaman, NM Paul Wellstone, MN Jack Reed, RI John Edwards, NC Hillary Clinton, NY Judd Gregg, NH, Bill Frist, TN Michael Enzi, WY Tim Hutchinson, AR Christopher Bond, MO Pat Roberts, KS Susan Collins, ME Jeff Sessions, AL