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403(i)(1) (common or usual name], and 403(k) [labeling of artificial flavorings, colorings, or chemical preservatives). The IOM established the Committee on State Food Labeling under the auspices of the Food and Nutrition Board to advise the agency on whether those six provisions of the law were being adequately implemented and recommend any State requirements that should be considered for Federal adoption. The charge to the Committee was to

  • assemble a listing of all relevant State and local laws and regulations dealing with six misbranding sections of FDCA specified for study in NLEA;

  • describe the provisions of each of the relevant State and local statutes that pertain to the sections under study and the basis on which those provisions were developed; and

  • assess the extent to which each of the six sections of FDCA is being implemented under current and proposed regulations and evaluate existing data on the impact of such implementation on public health and nutrition.

This report is the product of the Committee's research, analysis, and deliberations; the findings and conclusions presented are based on materials received from FDA. State and local food officials, industry trade associations and companies, and consumer groups; presentations to the Committee; correspondence; and searches of legal data bases. The Committee's assignment turned out to be a good deal more complex than it initially appeared and entailed the deciphering of Federal requirements, discovery and classification of State requirements, translation of Congress's somewhat delphic language about adequacy and implementation, and determined pursuit of an understanding of the purpose and impact of State requirements. The Committee developed well-defined working principles and criteria for analysis and viewed its jurisdiction rather broadly in its efforts to untangle many of these complexities.

As a consequence of the lack of clear lines separating some of the six study provisions, the Committee had to classify and review State food labeling requirements based upon the exercise of its best judgment. Based on the legislative history and text of the NLEA, the Committee excluded from its deliberations issues related to food safety, grading, kosher, organic, natural, origin, and open date labeling; which were not preempted under the Act. The Committee also excluded an analysis of emerging State and local regulatory issues such as environmental ''green'' labeling, although it believes these issues deserve consideration by FDA in the future.



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