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Committee, however, found merit in Florida's position that its standards of identity may provide additional consumer protection (i.e., specific production criteria beyond FDA's standard of good manufacturing practice). Therefore, the Committee suggests that Florida and/or other citrus-producing States consider petitioning FDA to amend the Federal standards of identity for citrus products, and existing State requirements be exempt from preemption until the petition process is complete.


With the exception of dairy products, more States have regulations for honey than for any other single food.10 A review of these requirements reveals that a number of States have established grade standards similar to those established by USDA (7 CFR Part 52), microbiological standards, and adulteration regulations. However, most appear to provide economic protection for local industry.

Conclusions Notwithstanding the above evaluation of State requirements for honey, the fact that 23 States decided to specifically regulate this food suggested to the Committee the potential benefit of some Federal unifying regulatory requirement. The promulgation of a Federal standard of identity and quality under FDCA Section 401 would establish national uniformity through clear preemptive action. If appropriate, concerns over the possible microbiological contamination of honey, especially with Botulinum spores, might be addressed in a standard of quality established not only under the misbranding provisions but also under the adulteration provisions of FDCA. Such an initiative, however, is not viewed as a high priority among the numerous activities associated with implementation of NLEA. State requirements that establish grades or define adulteration are not subject to study.


Ala. Code §2-11-121 and §2-11-122; Ark. Stat. Ann. §20-57-402; Cal. Food & Agric. Code §29401 to §29421, §29448, §29471 to §29474, §29501 to §29504, §29531, §29581 to §29587, §29611 to §29620, §29641 to §29644, §29671 to §29675, §29677; Col. Rev. Stat. §35-25-102 and §35-25-109; Conn. Gen. Stat. §22-181a; Fla. Stat. §582.02, §586.03, §586.051; Ga. Code Ann. §26-2-233; Iowa Code §190.1 and §198.14; Kan. Stat. Ann. §65-681; La. Rev. Stat. §608.1; Minn. Stat. §31.74; Miss. Code Ann. §75-29-601; Nev. Rev. Stat. §583.355; N.H. Rev. Stat. Ann. §429.23; N.M. Stat. Ann. §25-9-263; NJ. Stat. Ann. §205 and §206; N.Y. Agric. & Mktg. Law §206; Ohio Rev. Code Ann. §3715.01, §5715.38; Okla. Stat. Title 78, §81 to 83; Wash. Rev. Code §69.28.020 to 390, §69.28.030, §69.28.400; W.Va. Code §19-20-1 and §19-20-2; Wyo. Stat. §11-8-102.

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