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comparison to the Federal requirements. Based on the above review, the Committee's final report was to make recommendations to FDA on the six provisions of FDCA Section 403 under study that it determined were not adequately implemented by current or proposed regulations, and State or local regulations that should be considered for Federal adoption.


Specifically, the Committee on State Food Labeling was charged 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.

To meet its charge, the Committee held a public meeting on May 30, 1991 (FDA, 1991). At that meeting, eight individuals representing State and local governments, the food industry, and consumer groups presented testimony regarding the adequacy of Federal implementation (Appendix B); they also provided supporting information about State/local food labeling statutes and regulations concerned with the six provisions of the FDCA Section 403 under study following the meeting. To obtain further information on the six pertinent sections beyond that supplied through the public hearing process, the Committee convened several panels which included individuals knowledgeable about the Congressional intent underlying the NLEA provision for the study and the concerns of consumers, industry, and State and local regulators about the impact of Federal preemption.

The developments that have occurred in food marketing, public health, and food regulation over the last century, but particularly since passage of FDCA, have been significant in terms of the changes currently sought in Federal regulatory policy. The contextual factors that have influenced this study are reviewed in Chapter 3.

As further indication of whether Federal implementation of the six provisions of FDCA Section 403 has been adequate, the Committee requested that FDA provide all relevant materials about the issues under

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