RE: AB 2297 (Vargas) OPPOSE

Dear Assembly Member Cohn:

On behalf of the Grocery Manufacturers of America, I am writing to express our opposition to Assembly Bill 2297 (Vargas), scheduled for hearing in the Committee on Health on Tuesday, April 20.

Grocery Manufacturers of America is the world’s largest association of food, beverage and consumer product companies. Led by a board of 46 Chief Executive Officers, GMA applies legal, scientific and political expertise from its more than 140 member companies to vital public policy issues affecting its membership. With U.S. sales of more than $500 billion, GMA members employ more than 2.5 million workers in all 50 states, including more than 290 facilities employing more than 73,000 California residents.

The U.S. Food and Drug Administration (FDA) is addressing the issue of lead in imported candy and has recently taken action to alert manufacturers, importers, distributors and consumers. On March 25, 2004, FDA released a letter to manufacturers, importers and distributors of imported candy regarding action FDA intends to take to “reduce further the potential exposure of children to lead from candy products.” In the letter, FDA references candy products imported into the U.S which may be a source of avoidable lead exposure including those containing the ingredients chili powder and tamarind. FDA intends to release a guidance document that will reduce the guidance level from the current 0.5 parts per million. FDA can take regulatory action against candy with lead levels that exceed the guidance level.

In addition, on April 9, FDA released a statement advising parents and care providers “that it would be prudent to not allow children to eat [Mexican candy products] at this time.”

The recent action taken by FDA, and regulations implementing the Federal Bioterrorism Act (the Public Health Security and Bioterrorism Preparedness and Response Act of 2002), are evidence the federal government is focused on this issue.

As required by the Bioterrorism Act, beginning December 12, 2003, all foreign and domestic facilities that manufacture, process, pack, or hold food for consumption in the United States are required to register with FDA. FDA will maintain a listing of all registered food facilities. Beginning December 12, 2003, all importers of food are required to give FDA prior notice of every article of food they intend to import into the United States. Prior notice must be received and confirmed electronically by FDA no more than five days before arrival and, as specified by the mode of transportation below, no fewer than:
1. 2 hours before arrival by land by road
2. 4 hours before arrival by air or by land by rail
3. 8 hours before arrival by water
4. The time consistent with the timeframe established for the mode of transportation for an article of food carried by or otherwise accompanying an individual if it is subject to prior notice (The food must also be accompanied by the FDA confirmation.)

Prior notice must be received and confirmed electronically by FDA before food is mailed by international mail. (The parcel must be accompanied by confirmation of FDA receipt of prior notice.) FDA will use the prior notice to determine whether to inspect a shipment of imported food at the port of entry.

With the implementation of the Bioterrorism Act, FDA will be able to act on any reports of adulterated food imports. FDA will have the ability to track the shipment to the manufacturing facility and demand correction of the problem. If a facility is unable or unwilling to correct the problem, FDA could issue an Import Alert to prevent importation of that item. Additionally, FDA will be able to flag shipments at the border or port of entry using the Prior Notice system and conduct inspections as necessary.

GMA and its member companies share the author’s concern about adulterated candy. GMA believes recent actions undertaken by the U.S. Food and Drug Administration (FDA) to alert manufacturers, importers, distributors and consumers of imported candy are a more effective and efficient way to identify and remove adulterated candy from distribution and therefore request your NO vote on the measure.

Sincerely,

* * *

[back to top]