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  1. make recommendations to FDA on the adequacy of Federal regulations in addressing the six sections of FDCA and identify those State/local statutes that should be considered for Federal adoption.

The Committee on State Food Labeling is seeking to obtain comments on State and local statutes, and their impact and rationale in relationship to the adequacy of Federal regulations for the six sections of the law under study. Those misbranding provisions being examined include:

  1. food under the name of another food [Sec. 403(b)]

  2. container fill and deceptive packaging [Sec. 403(d)]

  3. placement of required information [Sec. 403(f)]

  4. standard of quality and fill [Sec. 403(h)]

  5. common or usual name [Sec. 403(i)(1)]

  6. labeling of artificial flavors, colors, or chemical preservatives [Sec.403(k)]

In addition to the materials you have sent, the Committee would like to have your comments on the following questions in order to complete our information gathering.

  1. What is your State's perspective on the adequacy of Federal regulations in the six areas that the Committee must address?

  2. What impact do you anticipate preemption of these sections will have on relevant statutes in your State/locality?

  3. Is it important for consumer protection and public health that your State regulation be maintained or adopted as a Federal regulation?

  4. Are there ''of the type'' statutes in your State of which the Committee should be aware (either in your agency or another state agency charged with administering such statutes)?

  5. Is there case law in your State concerned with any of the six issues that are to be addressed in this study that the Committee should consider?

  6. Are there any other issues that you believe should be brought to the Committee's attention as it deliberates on recommendations to FDA concerning preemption of your State statutes?

The Committee on State Food Labeling would appreciate your answers to any of these questions that are relevant to your State. We need your answers as soon as possible, but no later than July 15, 1991. Please mail your responses to:

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