Support the Food Allergen Consumer Protection Act

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This bill would require that manufacturers label the main eight food allergens in common language; close the food additive loophole; and require better measures to prevent cross-contamination among other measures. A show of online support is automatically sent to your Senators and Representatives. Please show your support.

Go to [url="http://www.foodallergyinitiative.org"]www.foodallergyinitiative.org[/url] Click on Labeling

On Sep 19, 2003

Sorry clicked the wrong thing.

So, go to [url="http://www.foodallergyinitiative.org"]www.foodallergyinitiative.org[/url] Click on Labeling At the bottom of the screen click Show You Concern. A window opens. Fill your info in and send. They show you a list of your Senators and Reps it's been e-mailed to.

It's a great idea. Saves lives. Please pass it along.

On Sep 19, 2003

sillyfeline, just emailed my reps. and will ask my family and friends to do the same. Thanks for showing us the link.

On Sep 29, 2003

Thanks for the info. I used the site to voice my concern. I hope more people will support the FOOD ALLERGEN CONSUMER PROTECTION ACT. It is so important to our allergic loved ones.

On Sep 30, 2003

I sent my email last night and recieved a call this morning and was patched through to my congressman and asked them to please support the act!! Awesome! I'm asking my friends and family to do the same!

------------------ supermom

On Oct 2, 2003

Sillyfeline...thanks for making us all aware of this...I have spoke with Scott from food allergy initiative the past 3 days....they are Really need people from Texas to write letters as congressman Tom Delay is majority leader and can hold alot of power with this....send them your letter to congressman Tom Delay with a business letter head (this looks more official and shows these are not bogus letters) via Fax at 1-888-891-4142 they are running out of time and would like them by tommorrow!!!

------------------ supermom

[This message has been edited by supermom (edited October 02, 2003).]

On Oct 7, 2003

The Food Allergy Initiative has posted the following Legislative Action Alert at their site.

Legislative Action Alert

Residents of Illinois, South Carolina, Texas, Missouri, and Florida

You can help us deliver a message to House Speaker Denny Hastert (R-IL), U.S. Senator Lindsey Graham (R-SC), Congressman Tom Delay (R-TX), Congressman Roy Blunt (R-MO) and Congress Mike Bilirakis (R-FL) asking them to support the

On Dec 16, 2003

As of December 8th, 2003, the Food Allergen Labeling and Consumer Protection Act (FALCPA) has been reintroduced by Nita Lowey as H.R. 3684.

The companion Senate bill introduced by Judd Gregg is S.741, known as the Minor Use Minor Species Animal Health Act (the FALCPA is a rider on the bill called 'Title II').

Please contact your representative and senators today and ask for their support for this bill.

Jim

On Jan 18, 2004

For those that haven't had a chance to wade through the text of the legislation, I found a review of the legislation by a law firm in Washington DC that was made available to some of the food association groups (e.g. the National Frozen Pizza Institute).

[url="http://www.affi.com/nfpi/pubpol/mtfoodallergen.pdf"]http://www.affi.com/nfpi/pubpol/mtfoodallergen.pdf[/url]

Looks like a pretty good recap to me.

I'd post it, but it's got footnotes and the like, so it would a bit difficult to make it readable here. Here's one of the times where I wish we had the ability to store attachments at PA.com [img]http://uumor.pair.com/nutalle2/peanutallergy/frown.gif[/img]

Anyway, check it out. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

On Feb 6, 2004

The email notification is a great way to get them to see numbers. Here

On Feb 8, 2004

Lauren,

Unfortunately, you can't do attachments here at PA.com.

However, I saw the post for this over at POFAK and it's a pretty cool idea.

Here's another suggestion for your consideration. Could you possibly speak to Jana R. and see if you could post the stuff on the Seattle FEAST website?

Then you could share the link here, so those interested in pursuing could have access to all the info over at the Seattle FEAST site.

On Feb 9, 2004

I have temporarily made a webpage to include this file. I was hoping to build a free page that was simple to view but it's a Yahoogroup so you'll have to join this group before accessing it but I set it so I don't have to approve anyone joining. Just send e-mail to [email]foodconcerns2-subscribe@yahoogroups.com[/email] or go to [url="http://health.groups.yahoo.com/group/foodconcerns2/"]http://health.groups.yahoo.com/group/foodconcerns2/[/url] and click on "join this group" and I think you'll automatically be able to view the "files" section (left sidebar).

------------------ Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

On Feb 11, 2004

Just another reminder if you haven

On Feb 12, 2004

I wanted to share the link to the report aired last night at our local TV station

On Feb 20, 2004

Linking to the earlier thread started on Food Allergen Labeling and Consumer Protection Act.

[url="http://uumor.pair.com/nutalle2/peanutallergy/Forum23/HTML/000123-2.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum23/HTML/000123-2.html[/url]

Suggest we use this one (not the linked thread) going forward. There will be lots to report soon!

[This message has been edited by Nutternomore (edited February 20, 2004).]

On Feb 20, 2004

The HELP Committee has finally issued the official committee report on FALCPA to the full Senate, and it is now waiting to be scheduled for a full vote. [b]Expect this to happen soon![/b]

A member of another food allergy support group has been in communications with a contact in Sen. Gregg's office, and as soon as the date for the vote is known, we'll report it here.

[b]In the meantime, it is vital that you contact your representatives and senators again. If you wish to write, suggest you use the template info provided by Jana R. above.

Do not use the Food Allergy Initiative website template, as it is outdated, and doesn't reflect some of the compromise language changes. If you can call your legislator's office, that's even better![/b]

In the Senate, each Senator is formulating their position so they can vote. Don't let the food industry lobbyists be the only one contacting your Senator. Call their Washington office and ask to speak to the legislative analyst who is responsible for Health legislation.

In the House, the bill continues to sit in the Subcommittee for Health, so the key is to get enough interest so that they will review the legislation and move it out of committee to the full House for consideration.

It has been reported here (as well as at other food allergy support sites) that Rep's and Senator's offices are indicating that very few people have called about this issue!

Democracy works when we voice our concerns to those that we elect to office, and hold them accountable for representing us.

Check the list of co-sponsors of S741 here:

[url="http://thomas.loc.gov/cgi-bin/bdquery/z?d108:S741:@@@L&summ2=m&#cosponsors"]http://thomas.loc.gov/cgi-bin/bdquery/z?d108:S741:@@@L&summ2=m&#cosponsors[/url]

Here is the list of current co-sponsors for HR3684:

[url="http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR3684:@@@L&summ2=m&#cosponsors"]http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR3684:@@@L&summ2=m&#cosponsors[/url]

[i]I urge you to prioritize this and make contact. Time is short, and your voice is important to the process.[/i]

I continue to refer to the quote made a few years ago by Jack Welsh, former CEO at General Electric - [i]Control your destiny...or someone else will.[/i]

Then, tell your kids or other loved ones (and yourself) that you took the time to make a fundamental difference in the lives of those with food allergies.

If you have an update to share re:contact with your legislator, please post it here, and also let Jim know at [email]allergies@shamrockbay.com[/email] , so he can update the list of supporters.

Thanks in advance for your efforts to improve the safety of those with food allergies! [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

On Feb 20, 2004

Here's a link to the HELP Committee report to the full Senate.

[url="http://thomas.loc.gov/cgi-bin/cpquery/T?&report=sr226&dbname=cp108&"]http://thomas.loc.gov/cgi-bin/cpquery/T?&report=sr226&dbname=cp108&[/url]

For those that don't wish to slog through the entire report (remember, only Title 2 of this bill relates to Food Allergen Labeling, whereas in the House, FALCPA is a stand-alone bill), below is the section that articulates the Committee's view re:the need for food allergen legislation.

FFDCA = Federal Food, Drug, & Cosmetics Act

----------- ...... IV. EXPLANATION OF BILL AND COMMITTEE VIEWS

[i]Requirement of plain English labeling of the eight major food allergens[/i]

The legislation amends section 201 of the FFDCA to define the term `major food allergen.' It is defined to mean the eight most significant food allergens--milk, egg, fish (e.g., bass, flounder, or cod), Crustacean shellfish (e.g., crab, lobster, or shrimp), tree nuts (e.g., almonds, pecans, or walnuts), wheat, peanuts, and soybeans--and any food that contains protein derived from one of these eight food allergens (except for highly refined oils, ingredients derived from highly refined oils, and other food ingredients that are exempt under the legislation). Fish, Crustacean shellfish, and tree nuts are collective names that include a variety of different items. For example, the term `tree nuts' refers to a variety of individual nuts, including almonds, Brazil nuts, cashews, chestnuts, filberts/hazelnuts, macadamia nuts, pecans, pine nuts, pistachios, and walnuts. The term `Crustacean shellfish' refers to crabs, crawfish/crayfish, lobster, prawns, and shrimp. The term `fish' refers to a variety of different species of fish.

The committee has provided that food ingredients containing protein derived from milk, eggs, fish, shellfish, peanuts, tree nuts, wheat, or soybeans may nevertheless be excluded from the definition of `major food allergen' under one of three exceptions. First, highly refined oils and ingredients derived from highly refined oils are excluded from the definition of `major food allergen.' `Highly refined oils' are intended to signify refined, bleached, deodorized (RBD) oils. The committee notes, however, that the legislation does not change the common or usual name of highly refined oils; that is, highly refined oils would still be required to be identified by their common and usual name in the ingredient list, e.g., `peanut oil.' Second, the committee has also excluded from the definition of `major food allergen' food ingredients for which the Secretary has determined, based on scientific evidence presented in a petition, that the food ingredient does not cause an allergic response that pose a risk to human health.

Finally, the committee has provided for a notification process to exclude from the definition of a major food allergen those food ingredients that contain protein derived from one of the major eight protein sources but do not contain the allergenic protein and for food ingredients for which the Secretary has previously made a determination that the use of the ingredient does not cause an allergic response that poses a risk to human health under a premarket approval or notification program under section 409 of the FFDCA. The committee recognizes that the GRAS notification process is not included as part of this exception. The committee encourages FDA to adopt a reasonable standard for determining whether a food ingredient `does not contain an allergenic protein.' For example, while the committee recognizes that thresholds for the major eight allergens have not yet been established by the scientific community, if they are established, ingredients containing allergenic proteins below the established threshold would be eligible for the notification procedure.

The committee intends that the Secretary will provide guidance to industry on the information that would be useful for making a determination that foods that contain protein derived from one of the eight food allergens do not cause an allergic response that poses a risk to human health. The committee also intends that the Secretary provide an appropriate process for providing such information to the Secretary that minimizes the burden on the food manufacturer.

The legislation requires FDA to post the petitions and notifications for exemption from allergen labeling to a public site as well as FDA's responses to such petitions and notifications. In instances when FDA concludes that a notification or petition has provided data demonstrating that the food ingredient should be exempt from the definition of `major food allergen,' the exemption will apply to any product bearing or containing the ingredient under the same conditions of use described in the notification or petition.

The legislation also amends section 403 of the FFDCA to provide two new misbranding provisions. The first of these, section 403(w), requires that the eight major food allergens be labeled on foods that are not raw agricultural products. Under section 403(w), manufacturers will have two options as to how they must label the eight major food allergens on such foods. Under either plain English allergen labeling option, the term for a major food allergen--milk, egg, wheat, peanuts, soybeans, or, in the case of the collective terms `fish,' `Crustacean shellfish,' or `tree nuts,' the common or usual name for the relevant specific members of the class, such as `cod,' `shrimp,' or `almond'--will appear in the food label if the food is, or it bears or contains, a major food allergen as defined in section 201(qq). These plain English allergen labeling requirements apply only to foods for which an ingredient list is required in a label or labeling under the FFDCA.

Manufacturers may choose to summarize the allergen information using the terms for the major food allergens from which any ingredients in the food are derived in a statement at the end of, or immediately adjacent to, the ingredient list. This information must appear in a type size no smaller than the type size used in the ingredient list.

Alternatively, manufacturers may place the term for the appropriate major food allergen in parentheses within the ingredient list after the common or usual name of the ingredient derived from that major food allergen. There are two exceptions to this requirement. First, the listing of the term for the food allergen is not required to appear in parentheses after an ingredient name if the ingredient name uses the term for the major food allergen (for example, `milk' need not appear in parentheses after `milk' or `milk by-product,' nor need `almond' appear after `almond'). Second, the term for a food allergen need not be placed after an ingredient if the term for that food allergen appears elsewhere in the ingredient list; the food allergen term need only appear once in the ingredient statement, unless the name of the food source that appears elsewhere in the ingredient list appears as part of the name of a food ingredient that is excluded from the definition of a major food allergen. For example, if a food contained highly refined peanut oil and a natural flavoring containing peanut as a constituent, the term `peanut' would have to appear in parentheses after `natural flavoring' in the ingredient list, because peanut oil is not a `major food allergen' under this legislation.

These two options can be illustrated by an example. If a food were to have as ingredients semolina, rice flour, rolled oats, pine nuts, tomato juice, whey, sodium caseinate, and natural flavoring, with the natural flavoring including peanuts as a constituent, the major food allergens in the food could be labeled in two ways. First, the following statement could appear at the end of, or immediately adjacent to, the list of ingredients: `Contains wheat, milk, pine nuts, and peanuts.' Second, the ingredient list could read: `Ingredients: semolina (wheat), rice flour, rolled oats, pine nuts, tomato juice, whey (milk), sodium caseinate, and natural flavoring (peanuts).'

These two examples illustrate several aspects of the allergen labeling requirements. In the second example, `milk' does not appear in parentheses after `sodium caseinate' because it has already appeared after `whey.' In the examples, the natural flavoring includes peanuts as a constituent and so peanut is labeled as an allergen in the food. In other words, the food allergen labeling requirement applies to flavorings, colorings, and incidental additives. Only the peanut constituent of the natural flavoring ingredient is identified, however; the other constituents of the flavoring--or indeed of any coloring or incidental additive--are not required to be listed under either plain English labeling option permitted under the legislation.

The term `pine nuts' is in the summary of allergy information in the first example, but it need not appear after `pine nut' in the ingredient list in the second example because the repetition is unnecessary. The first example illustrates the committee's intent that the term for the relevant specific member of the class `fish' or `Crustacean shellfish' or `tree nuts' is required to be used whenever an ingredient is, or is derived from, an example from one of these food categories. The second example illustrates the committee's intent that an ingredient whose common or usual name uses the term for the major food allergen--in the example, `pine nuts' clearly uses the term for pine nuts--need not be followed by a parenthetical repeating the term. Finally, all major food allergens are required to be labeled consistently on the food label: either in the summary of allergen information at the end of, or immediately adjacent to, the ingredient list, or using parentheses after ingredients.

The committee intends that the use of the term `milk' in either of these examples does not violate the standard of identity for milk established under FDA regulations. Used in this context, the term `milk' is used to identify a major food allergen and not the identity of the ingredient or the food.

The legislation gives FDA the authority to modify or eliminate these requirements by regulation. This authority is limited in a few respects, however. First, FDA may modify one or both labeling options. Second, FDA may not eliminate all major food allergen labeling by eliminating both labeling options; rather, FDA may eliminate only one of the approaches. Third, and most significantly, FDA must demonstrate in the regulation that modification or elimination of an allergen labeling requirement is necessary to protect public health. The committee considers this standard to impose a high burden on the Secretary to justify changing these requirements of the legislation.

In addition, the legislation amends section 403A of the FFDCA to give the modification to the ingredient label required by section 403(w) the same preemptive effect over State and local ingredient labeling that the current ingredient labeling has.

The committee understands that many manufacturers have already labeled their foods in conformity with one of the plain English allergen labeling options, and it expects that most foods will be labeled in compliance with these requirements before January 1, 2006. In any case, all foods that contain an ingredient that is or that contains a major food allergen must be labeled by January 1, 2006. This fixed date by which all affected foods must be labeled in accordance with these requirements will give consumers greater certainty that they will be able to rely on food labels as of that date. Importantly, this requirement does not require the relieving of food products that are in the marketplace before the effective date. In other words, this legislation does not require food products to be pulled from the marketplace and relabeled in conformance with the requirements of this legislation if they were labeled before January 1, 2006.

The committee intends the requirements of section 403(w) to be self-implementing. FDA will not be required to issue regulations to implement section 403(w). FDA may issue guidance, should the agency find that guidance would assist manufacturers or distributors, particularly small businesses, to comply with the requirements in this legislation.

The legislation also adds a second misbranding provision to account for other food allergens. In particular, section 403(x) provides that FDA has the authority to require by regulation appropriate labeling of any spice, flavoring, coloring, or incidental additive ingredient that is, or includes as a constituent, a food allergen that is not a major food allergen. The committee does not intend the listing of all spices or flavorings in a product but intends that the Secretary will require the food allergen to be identified on the label in a manner consistent with this legislation. In addition, the legislation provides that the amendments made by it do not otherwise alter FDA's authority to require the labeling of other food allergens that are not major food allergens. Finally, the legislation amends section 403A of the FFDCA to give requirements under section 403(x)--which provides for an exception to a current labeling exemption for spices, flavorings, colorings, and incidental additives that has preemptive effect over State and local labeling requirements--the same preemptive effect over State and local labeling requirements that the current exemption has.

[i]Food allergy surveillance, research, and response[/i]

The committee is concerned that the prevalence of food allergies is uncertain and the incidence of clinically significant and serious adverse events is not being systematically monitored. In response to these concerns, the legislation requires the Centers for Disease Control and Prevention to better capture information on the prevalence of food allergies, the incidence of clinically significant or serious adverse events related to food allergies, and the use of different modes of treatment for and prevention of allergic responses to foods. In addition, the legislation requires the National Institutes of Health to convene a panel of nationally recognized experts to review current clinical research efforts and develop recommendations for enhancing and coordinating research activities concerning food allergies.

The legislation directs the Secretary, in the Conference for Food Protection, to pursue revision of the Food Code to provide recommendations and guidance on preparing allergen-free foods in food establishments. The Secretary should refer to private guidelines, including the Food Allergy and Anaphylaxis Network and Food Allergy Initiative's document entitled: Food Allergy Training Guide for Restaurants and Food Services, as a model during development.

Finally, the legislation directs the Secretary to provide technical assistance to States and localities about treatment of food allergic responses by trauma care and emergency medical services. Currently, the preferred treatment for anaphylaxis from food allergy is an auto-injector epinephrine device. The legislation does not specify this treatment, so that the Secretary will continue to provide such technical assistance as new treatments are developed.

[i]Celiac disease and gluten labeling[/i]

The legislation directs the Secretary, after consulting with appropriate experts and stakeholders, to promulgate a regulation to define and permit the use of the term `gluten-free' as a voluntary claim on the food label. The committee intends that this `gluten-free' claim not be a claim for special dietary use, a nutrient content claim, or a health claim. The legislation requires that the proposed rule regarding this claim be issued not later than 2 years after the date of enactment of the legislation, and that the final rule be issued not later than 4 years after the date of enactment of the legislation.

[This message has been edited by Nutternomore (edited February 21, 2004).]

[This message has been edited by Nutternomore (edited February 23, 2004).]

On Feb 25, 2004

Here's a copy of the letter I'm using. It's very similar to the one Jana R. posted, but I've tweaked the bullets, and also added a mention about minimizing impact to manufacturers, who are already obligated under existing regs to change their food labels (to reflect trans fats) by 1/1/06.

Please feel free to use this letter if you wish. Also, you may wish to insert a personal statement about how this impacts your life today, and what it would impact your life if this legislation were passed, so it reads less like a form letter.

I am also making phone calls to push for co-sponsorship.

Let's keep up the good work!

------------------------------ I am writing to respectfully request your support of the Food Allergen Labeling & Consumer Protection Act (H.R. 3684 AND S.741).

Over seven million American children and adults suffer from food allergies. Recent studies estimate that each year over 200 Americans die due to the ingestion of allergenic foods and 30,000 receive life-saving treatment in emergency rooms. The good news is that with the government's help, many of these deaths and near-fatal incidents can be prevented.

The only way to avoid a potentially life-threatening food allergic reaction is to avoid the food allergen. Unfortunately, reading ingredient labels is difficult because ingredient statements are written for scientists, not consumers. There are over 30 of terms for milk and over 18 terms for egg. Furthermore, the Food, Drug, and Cosmetic Act exempts natural and artificial flavorings from ingredient labeling requirements. This is dangerous and wrong because these terms may refer to any food, including milk, egg, peanuts, tree nuts, fish, shellfish, wheat, and soy

On Feb 26, 2004

Nutternomore - I really appreciate your efforts to keep us updated on this important issue! It occurs to me that perhaps those dealing solely with peanut allergy might not feel the urgency to write their legislator (at least I feel that of all the allergies we deal with, peanut is the easiest to recognize on a label except where "vegetable oil" is concerned). I wanted to remind everyone that all food allergies apparently are on the rise - everyone might need to feel confident preparing food for someone else with a different allergy issue. Perhaps your child with a severe peanut allergy will befriend a child with a life-threatening milk allergy since he understands anaphylaxis and you or your child will want to be able to read a label to see if something is safe for this friend. Perhaps someone else will develop an allergy in your family and you'll want to immediately be able to read labels to keep them safe. Peanut allergies currently get the most press, if you write your legislator and mention peanut allergies, that is very likely to get their attention.

Like Nutternomore mentioned I think it is crucial to mention especially to Republicans who want to make sure we don't put too many constraints on American businesses and further hurt the economy that the timing makes the most sense to get passed right now since labels are already required to be changed to indicate trans fat. It will have a higher economic impact on businesses should this die in committee (or not get passed if it reaches the floor!) and we are forced to try again at a later date. My favorite thing to add right now to my letters is this: "A growing number of Americans are being diagnosed with food allergies. A growing number of [b]your[/b] constituents need to rely on clear labeling of their food."

------------------ Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

On Feb 26, 2004

Jana R.,

Your advice is [b]excellent[/b]; wish I had thought to include that item in my letter.

Anyway, here are some citations to quantify the statements about the rise in food allergies and rise in peanut allergies:

[i]

On Feb 27, 2004

Just a quick update to let you know that the phone calls and letters are [b]making a difference![/b]

We've picked up 4 new co-sponsors on HR 3684 and 1 new co-sponsor on S 741!

To those of you who contacted your reps in Massachusetts, New York, Rhode Island, Connecticut and Washington State, thank you!

Now is the time to keep the momentum going. It is still vitally important that we line up as many co-sponsors and firm supporters as possible, so that the bill can survive attempts to water them down and add in pork, which would leave us with an ineffective or side-tracked bill.

Once again, please check the list of co-sponsors of S741 here:

[url="http://thomas.loc.gov/cgi-bin/bdquery/z?d108:S741:@@@L&summ2=m&#cosponsors"]http://thomas.loc.gov/cgi-bin/bdquery/z?d108:S741:@@@L&summ2=m&#cosponsors[/url]

And check the list of current co-sponsors for HR3684:

[url="http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR3684:@@@L&summ2=m&#cosponsors"]http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR3684:@@@L&summ2=m&#cosponsors[/url]

[i]If your senators and representatives aren't on this list, we still need you to contact them to let them know how important this issue is, and that you want them to co-sponsor the legislation.[/i]

Let's keep it going!

[This message has been edited by Nutternomore (edited February 27, 2004).]

On Feb 29, 2004

What does S741 do for allergen labeling?? (I read the summary from the linked web page, and it sounds like S741 is just about animal drugs.)

On Feb 29, 2004

Okay. I just did a search on the Thomas web site, and found this:

[url="http://thomas.loc.gov/cgi-bin/query/F?c108:3:./temp/~c108znGD8Q:e109326:"]http://thomas.loc.gov/cgi-bin/query/F?c108:3:./temp/~c108znGD8Q:e109326:[/url]

Glad to hear that my state's senators support it. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

On Feb 29, 2004

This is Title 2 of S741,

SEC. 201. SHORT TITLE.

This title may be cited as the `Food Allergen Labeling and Consumer Protection Act of 2003'.

SEC. 202. FINDINGS.

Congress finds that--

(1) it is estimated that--

(A) approximately 2 percent of adults and about 5 percent of infants and young children in the United States suffer from food allergies; and

(B) each year, roughly 30,000 individuals require emergency room treatment and 150 individuals die because of allergic reactions to food;

(2)(A) eight major foods or food groups--milk, eggs, fish, Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans--account for 90 percent of food allergies;

(B) at present, there is no cure for food allergies; and

(C) a food allergic consumer must avoid the food to which the consumer is allergic;

(3)(A) in a review of the foods of randomly selected manufacturers of baked goods, ice cream, and candy in Minnesota and Wisconsin in 1999, the Food and Drug Administration found that 25 percent of sampled foods failed to list peanuts or eggs as ingredients on the food labels; and

(B) nationally, the number of recalls because of unlabeled allergens rose to 121 in 2000 from about 35 a decade earlier;

(4) a recent study shows that many parents of children with a food allergy were unable to correctly identify in each of several food labels the ingredients derived from major food allergens;

(5)(A) ingredients in foods must be listed by their `common or usual name';

(B) in some cases, the common or usual name of an ingredient may be unfamiliar to consumers, and many consumers may not realize the ingredient is derived from, or contains, a major food allergen; and

(C) in other cases, the ingredients may be declared as a class, including spices, flavorings, and certain colorings, or are exempt from the ingredient labeling requirements, such as incidental additives; and

(6)(A) celiac disease is an immune-mediated disease that causes damage to the gastrointestinal tract, central nervous system, and other organs;

(B) the current recommended treatment is avoidance of glutens in foods that are associated with celiac disease; and

(C) a multicenter, multiyear study estimated that the prevalence of celiac disease in the United States is 0.5 to 1 percent of the general population.

SEC. 203. FOOD LABELING; REQUIREMENT OF INFORMATION REGARDING ALLERGENIC SUBSTANCES.

(a) IN GENERAL- Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following:

`(w)(1) If it is not a raw agricultural commodity and it is, or it contains an ingredient that bears or contains, a major food allergen, unless either--

`(A) the word `Contains', followed by the name of the food source from which the major food allergen is derived, is printed immediately after or is adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under subsections (g) and (i); or

`(B) the common or usual name of the major food allergen in the list of ingredients required under subsections (g) and (i) is followed in parentheses by the name of the food source from which the major food allergen is derived, except that the name of the food source is not required when--

`(i) the common or usual name of the ingredient uses the name of the food source from which the major food allergen is derived; or

`(ii) the name of the food source from which the major food allergen is derived appears elsewhere in the ingredient list, unless the name of the food source that appears elsewhere in the ingredient list appears as part of the name of a food ingredient that is not a major food allergen under section 201(qq)(2)(A) or (B).

`(2) As used in this subsection, the term `name of the food source from which the major food allergen is derived' means the name described in section 201(qq)(1); provided that in the case of a tree nut, fish, or Crustacean shellfish, the term `name of the food source from which the major food allergen is derived' means the name of the specific type of nut or species of fish or Crustacean shellfish.

`(3) The information required under this subsection may appear in labeling in lieu of appearing on the label only if the Secretary finds that such other labeling is sufficient to protect the public health. A finding by the Secretary under this paragraph (including any change in an earlier finding under this paragraph) is effective upon publication in the Federal Register as a notice.

`(4) Notwithstanding subsection (g), (i), or (k), or any other law, a flavoring, coloring, or incidental additive that is, or that bears or contains, a major food allergen shall be subject to the labeling requirements of this subsection.

`(5) The Secretary may by regulation modify the requirements of subparagraph (A) or (B) of paragraph (1), or eliminate either the requirement of subparagraph (A) or the requirements of subparagraph (B) of paragraph (1), if the Secretary determines that the modification or elimination of the requirement of subparagraph (A) or the requirements of subparagraph (B) is necessary to protect the public health.

`(6)(A) Any person may petition the Secretary to exempt a food ingredient described in section 201(qq)(2) from the allergen labeling requirements of this subsection.

`(B) The Secretary shall approve or deny such petition within 180 days of receipt of the petition or the petition shall be deemed denied, unless an extension of time is mutually agreed upon by the Secretary and the petitioner.

`(C) The burden shall be on the petitioner to provide scientific evidence (including the analytical method used to produce the evidence) that demonstrates that such food ingredient, as derived by the method specified in the petition, does not cause an allergic response that poses a risk to human health.

`(D) A determination regarding a petition under this paragraph shall constitute final agency action.

`(E) The Secretary shall promptly post to a public site all petitions received under this paragraph within 14 days of receipt and the Secretary shall promptly post the Secretary's response to each.

`(7)(A) A person need not file a petition under paragraph (6) to exempt a food ingredient described in section 201(qq)(2) from the allergen labeling requirements of this subsection, if the person files with the Secretary a notification containing--

`(i) scientific evidence (including the analytical method used) that demonstrates that the food ingredient (as derived by the method specified in the notification, where applicable) does not contain allergenic protein; or

`(ii) a determination by the Secretary that the ingredient does not cause an allergic response that poses a risk to human health under a premarket approval or notification program under section 409.

`(B) The food ingredient may be introduced or delivered for introduction into interstate commerce as a food ingredient that is not a major food allergen 90 days after the date of receipt of the notification by the Secretary, unless the Secretary determines within the 90-day period that the notification does not meet the requirements of this paragraph, or there is insufficient scientific evidence to determine that the food ingredient does not contain allergenic protein or does not cause an allergenic response that poses a risk to human health.

`(C) The Secretary shall promptly post to a public site all notifications received under this subparagraph within 14 days of receipt and promptly post any objections thereto by the Secretary.

`(x) Notwithstanding subsection (g), (i), or (k), or any other law, a spice, flavoring, coloring, or incidental additive that is, or that bears or contains, a food allergen (other than a major food allergen), as determined by the Secretary by

regulation, shall be disclosed in a manner specified by the Secretary by regulation.'.

(b) EFFECT ON OTHER AUTHORITY- The amendments made by this section that require a label or labeling for major food allergens do not alter the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) to require a label or labeling for other food allergens.

(c) CONFORMING AMENDMENTS-

(1) Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) (as amended by section 102(b)) is amended by adding at the end the following:

`(qq) The term `major food allergen' means any of the following:

`(1) Milk, egg, fish (e.g., bass, flounder, or cod), Crustacean shellfish (e.g., crab, lobster, or shrimp), tree nuts (e.g., almonds, pecans, or walnuts), wheat, peanuts, and soybeans.

`(2) A food ingredient that contains protein derived from a food specified in paragraph (1), except the following:

`(A) Any highly refined oil derived from a food specified in paragraph (1) and any ingredient derived from such highly refined oil.

`(B) A food ingredient that is exempt under paragraph (6) or (7) of section 403(w).'.

(2) Section 403A(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(2)) is amended by striking `or 403(i)(2)' and inserting `403(i)(2), 403(w), or 403(x)'.

(d) EFFECTIVE DATE- The amendments made by this section shall apply to any food that is labeled on or after January 1, 2006.

SEC. 204. REPORT ON FOOD ALLERGENS.

Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the `Secretary') shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that--

(1)(A) analyzes--

(i) the ways in which foods, during manufacturing and processing, are unintentionally contaminated with major food allergens, including contamination caused by the use by manufacturers of the same production line to produce both products for which major food allergens are intentional ingredients and products for which major food allergens are not intentional ingredients; and

(ii) the ways in which foods produced on dedicated production lines are unintentionally contaminated with major food allergens; and

(B) estimates how common the practices described in subparagraph (A) are in the food industry, with breakdowns by food type as appropriate;

(2) advises whether good manufacturing practices or other methods can be used to reduce or eliminate cross-contact of foods with the major food allergens;

(3) describes--

(A) the various types of advisory labeling (such as labeling that uses the words `may contain') used by food producers;

(B) the conditions of manufacture of food that are associated with the various types of advisory labeling; and

(C) the extent to which advisory labels are being used on food products;

(4) describes how consumers with food allergies or the caretakers of consumers would prefer that information about the risk of cross-contact be communicated on food labels as determined by using appropriate survey mechanisms;

(5) states the number of inspections of food manufacturing and processing facilities conducted in the previous 2 years and describes--

(A) the number of facilities and food labels that were found to be in compliance or out of compliance with respect to cross-contact of foods with residues of major food allergens and the proper labeling of major food allergens;

(B) the nature of the violations found; and

(C) the number of voluntary recalls, and their classifications, of foods containing undeclared major food allergens; and

(6) assesses the extent to which the Secretary and the food industry have effectively addressed cross-contact issues.

SEC. 205. INSPECTIONS RELATING TO FOOD ALLERGENS.

The Secretary of Health and Human Services shall conduct inspections consistent with the authority under section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) of facilities in which foods are manufactured, processed, packed, or held--

(1) to ensure that the entities operating the facilities comply with practices to reduce or eliminate cross-contact of a food with residues of major food allergens that are not intentional ingredients of the food; and

(2) to ensure that major food allergens are properly labeled on foods.

SEC. 206. GLUTEN LABELING.

Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with appropriate experts and stakeholders, shall issue a proposed rule to define, and permit use of, the term `gluten-free' on the labeling of foods. Not later than 4 years after the date of enactment of this Act, the Secretary shall issue a final rule to define, and permit use of, the term `gluten-free' on the labeling of foods.

SEC. 207. IMPROVEMENT AND PUBLICATION OF DATA ON FOOD-RELATED ALLERGIC RESPONSES.

(a) IN GENERAL- The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Commissioner of Food and Drugs, shall improve (including by educating physicians and other health care providers) the collection of, and publish as it becomes available, national data on--

(1) the prevalence of food allergies;

(2) the incidence of clinically significant or serious adverse events related to food allergies; and

(3) the use of different modes of treatment for and prevention of allergic responses to foods.

(b) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary.

SEC. 208. FOOD ALLERGIES RESEARCH.

(a) IN GENERAL- The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall convene an ad hoc panel of nationally recognized experts in allergy and immunology to review current basic and clinical research efforts related to food allergies.

(b) RECOMMENDATIONS- Not later than 1 year after the date of enactment of this Act, the panel shall make recommendations to the Secretary for enhancing and coordinating research activities concerning food allergies, which the Secretary shall make public.

SEC. 209. FOOD ALLERGENS IN THE FOOD CODE.

The Secretary of Health and Human Services shall, in the Conference for Food Protection, as part of its efforts to encourage cooperative activities between the States under section 311 of the Public Health Service Act (42 U.S.C. 243), pursue revision of the Food Code to provide guidelines for preparing allergen-free foods in food establishments, including in restaurants, grocery store delicatessens and bakeries, and elementary and secondary school cafeterias. The Secretary shall consider guidelines and recommendations developed by public and private entities for public and private food establishments for preparing allergen-free foods in pursuing this revision.

SEC. 210. RECOMMENDATIONS REGARDING RESPONDING TO FOOD-RELATED ALLERGIC RESPONSES.

The Secretary of Health and Human Services shall, in providing technical assistance relating to trauma care and emergency medical services to State and local agencies under section 1202(b)(3) of the Public Health Service Act (42 U.S.C. 300d-2(b)(3)), include technical assistance relating to the use of different modes of treatment for and prevention of allergic responses to foods.

Calendar No. 431

108th CONGRESS

2d Session

S. 741

[Report No. 108-226]

A BILL

To amend the Federal Food, Drug, and Cosmetic Act with regard to new animal drugs, and for other purposes.

On Mar 1, 2004

One other point that has occurred to me that we can use to "sell" this legislation with members of Congress is to point out how the legislation will also assist their other constituents.

Specifically, we see that due to increased incidence of food allergies, some schools are moving to implement risk reduction programs (some call them 'bans') that involve restricting which foods can be brought to school.

As challenging as it is for families with food allergic kids to manage shopping, [b]it is even more difficult for parents of classmates to properly read labels [/b], since they usually don't have to deal with the implications on a day-to-day basis.

Passage of this legislation will also aid those constituents by making it easier for them read labels with confidence, so that they play their part in keeping food allergic kids safe.

Then remind them..."It takes a village..."

On Mar 1, 2004

Excellent point.

On Mar 1, 2004

March 1, 2004

Mrs. Synthia xxxxx xxxxxxxxxxxxxxxx

Dear Synthia,

Thank you for contacting me with your support for H.R. 3684, the Food Allergen Consumer Protection Act of 2003. I appreciate hearing from you on this issue.

Every year thousands of people have allergic reactions and are injured because they are not aware that a certain type of known food allergen is contained in the food they are eating. H.R. 3684 would require food labels to identify known food allergens contained in their product. The bill defines "known food allergen" to include milk, eggs, fish, crustacea, tree nuts, wheat, peanuts, soybeans, other grains containing gluten, and any food the Secretary of Health and Human Services determines to cause allergic or adverse responses which endanger human health. That also includes spices, flavorings, colorings, or incidental additives that are or contain a known food allergen.

H.R. 3684 is currently pending before the House Energy and Commerce Committee and no action is scheduled. I will, however, support this measure should it come to the House floor for a vote.

Again, thanks for contacting me. Sincerely,

Mark Foley Member of Congress

Love this site Synthia

On Mar 3, 2004

That's great, Synthia!! I noticed he's a Republican - if you didn't ask him if he'd consider being a co-sponsor, could you write him again? Maybe you could point out that as of last week, Christopher Shays (R) signed on as a co-sponsor so you'd like to see more Republicans get on board - it might have less chance of dying in committee if it has bipartisan co-sponsorship.

------------------ Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

On Mar 3, 2004

Jane R,

You have mail!! Please let me know if you do not get it. Love this site Synthia

On Mar 9, 2004

[b]Yesterday the FALCPA passed the Senate, by unanimous consent!!![/b]

Thanks so much to everyone who called and wrote to their Senators in support of this bill.

It is still stuck in Subcommittee for Health in the house, so it is now more important than ever to give your support. If the bill doesn't get out of committee, [i]it will die there.[/i]

[b]PLEASE call or write today to your Representative.[/b] We are so close to getting this bill passed, but we need everyone's help to repel the food lobby's last ditch attempt to kill this bill. Let your Representative know that this bill is important to you. Remember, it's an election year, and they are looking for legislation to pass that is less controversal.

On Mar 9, 2004

Here's a link to Sen. Gregg's press release:

[url="http://gregg.senate.gov/press/press030904.htm"]http://gregg.senate.gov/press/press030904.htm[/url]

Remember that the strategy in the Senate was to attach the FALCPA legislation to another bill on animal drugs in order to push it through. In the House, FALCPA is a stand-alone bill (HR 3684).

------- Tuesday, March 9, 2004 Contact: Erin Rath/Jeff Turcotte

Gregg Food Allergens Labeling and Animal Drug Legislation Passes Senate

Washington, DC - The Senate last night approved two-fold, bipartisan legislation that will provide allergen information to children and adults who suffer from food allergies. S. 741, a bill that combines the Minor Use and Minor Species Animal Health Act of 2003 and Food Allergen Labeling and Consumer Protection Act of 2003 establishes plain language labeling of allergenic substances in food and also allows companies the opportunity to develop and market FDA-authorized drugs that are vital to a large number of animal species. Senator Judd Gregg, Chairman of the Senate Health, Education, Labor and Pensions Committee, successfully moved both measures through his committee November 2003.

On Mar 9, 2004

This press release is from CSPI...

[url="http://www.cspinet.com/new/200403091.html"]http://www.cspinet.com/new/200403091.html[/url] ------- Senate Passes Food Allergen Labeling Bill

Plain English Words Would Identify Allergens on Ingredient List

The Senate last night unanimously passed legislation that would help Americans with food allergies spot common allergens on food labels. The bill was sponsored by Senator Judd Gregg (R-NH) and Edward M. Kennedy (D-MA). Representative Nita M. Lowey (D-NY) has similar legislation pending in the House.

The bill requires food manufacturers to use plain English words like

On Mar 9, 2004

FAAN even got into the act and did some advocating via press release today...

[url="http://www.foodallergy.org/press_releases/falcpa.html"]http://www.foodallergy.org/press_releases/falcpa.html[/url]

--------- For Immediate Release Senate Passes Food Allergen Labeling and Consumer Protection Act (FALCPA) To Simplify and Mandate Food Labeling by 2006 Bill Will Next be Considered by The House Millions of Americans to benefit from labeling of major food allergens FAIRFAX, Va., March 8, 2004 -- New food label legislation, passed by the Senate today, is an important step forward in providing clear, consistent and reliable ingredient label information --an essential first line of defense for the millions of Americans who have food allergies, according to The Food Allergy & Anaphylaxis Network (FAAN). The new labeling legislation will ensure that the ingredients are understandable to the average consumer and not just scientists. The Food Allergen Labeling and Consumer Protection Act (FALCPA) was passed as part of a larger bill, S.741, the Minor use and Minor Species Animal Health Act of 2004. "Those with food allergies depend upon the ingredient label to make decisions that impact their health," said Anne Mu

On Mar 10, 2004

Nutternomore,thank you!!!! Love this site Synthia

On Mar 10, 2004

I just emailed my Senator. What else can I do and who else can I contact?

Thanks [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

[This message has been edited by ALLERGYMOM (edited March 10, 2004).]

On Mar 10, 2004

.

[This message has been edited by deegann (edited February 09, 2005).]

On Mar 10, 2004

If anyone thinks that the food lobby is going to roll over and just let this pass, check out the statement from the National Food Processor's Association.

They are telling [i]your Rep.[/i] that we don't need this legislation, and they will attempt to weaken it.

Don't let your Rep. only here one side of the story. Tell them that the voluntary guidelines that have been in place for years, [b]haven't gotten the job done[/b], and that we need this legislation!

------------ [url="http://nfpa-food.org/NewsReleases/NFPANewsRelease030904.htm"]http://nfpa-food.org/NewsReleases/NFPANewsRelease030904.htm[/url]

Senate-Passed Provisions on Allergen Labeling Reflect Many Current Industry Practices

( Washington , D.C. )

On Mar 10, 2004

deegann: I did not take it that way..lol [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

On Mar 10, 2004

OK emailed my rep [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Thanks

On Mar 11, 2004

reraising,

Lets stay on track!!! Love this site Synthia

On Mar 11, 2004

Quote:

Originally posted by Nutternomore: [b]Here is the list of current co-sponsors for HR3684:

[url="http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR3684:@@@L&summ2=m&#cosponsors"]http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR3684:@@@L&summ2=m&#cosponsors[/url]

I continue to refer to the quote made a few years ago by Jack Welsh, former CEO at General Electric - [i]Control your destiny...or someone else will.[/i]

Then, tell your kids or other loved ones (and yourself) that you took the time to make a fundamental difference in the lives of those with food allergies.

If you have an update to share re:contact with your legislator, please post it here, and also let Jim know at [email]allergies@shamrockbay.com[/email] , so he can update the list of supporters.[/b]

Two more cosponsors are added (from Illinois and Minnesota). There are now 33 co-sponsors lets keep at them!!!

------------------ Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

On Mar 19, 2004

OK. Our efforts haven

On Mar 19, 2004

I wish you mom good luck. I contacted Nancy Johnson asking her to support this legislation and got back a very noncommital letter from her. Sent her back a letter inviting her to go to a support group meeting or even to the grocery store, but never heard back from her. Rosa DeLaura and Chris Shays, 2 of CT's other Reps, do support this legislation.

On Mar 19, 2004

Nutternomore, way to go Mom!! That is great she is doing this. I hope she gets results! Also wanted to let you know Ive written my letters, and appreciate all you are doing. Thanks for keeping us updated as well!

On Mar 22, 2004

Just an update on town hall meeting on Saturday w/Rep. Nancy Johnson.

My mom reported as follows: ... I did a quick summary of main points made in the letter you wrote, said I had it in writing with attachments and gave her staff two sets, which she liked and commented that she

On Mar 25, 2004

Three more co-spononsors were added to HB 3684 this week including Republican Jeb Bradley- [NH-1]. The two others are John W. Olver, - [MA-1] and Rick Larsen, [WA-2]

Woohoooo!

------------------ Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

On Mar 31, 2004

Nuttermore, I hope you don't mind but I used part of your letter to write to our representative (although I don't think you will being you wrote feel free to use it, just letting you know). I wrote to her back in April or last year. This time I added pictures of our children to the email, hoping like the postcard idea, that it will put a face to the issue. Let's keep pushing for this!

On Mar 31, 2004

[i]Anna McCartney, a member of the Seattle FEAST group, has asked that I post the message below on her behalf. If you decide to take up Anna on her generous offer, please consider offering to reimburse her - the supplies, postage, and ink aren't cheap!

This is another great way to get the word out, to supplement the letters & phone calls. Jana R.'s post from 2/9 in this topic (on page 1) pointed out where the files have been placed if you prefer to do this on your own, or would like to see the files.

Anna...this is awesome![/i] ------------------- Subject: Can I make you some FALCPA postcards to send out?

Hi everyone! I wanted to let you know that a bunch of us in our local food allergy group are doing up postcards to give to friends/relatives to send in to their representatives.

I made a bunch up with my son's picture on one side, then some info about the FALCPA on the other. It's really cute, and several legislative offices we sent them to said that they were very eye-catching. Probably not as good as you sending a personal letter or calling, but more something to ask your relatives and friends to send. Basically, the goal here is to let the Representative know that a lot of people are asking about the FALCPA. [I STILL think a personal letter or phone call from parents is the very best thing - this is just in ADDITION!!]

Anyway, I had a pretty good response with the postcards with my son on them. I offered to do up postcards for anyone else in our local allergy group. I figure, it's sort of a hassle going to the computer store to buy the heavyweight paper (plus it's cheaper in large packs), then it's a pain to do the layout from scratch, so I figured I can just use the same template and do them up for other folks too.

I'd like to extend my offer to this group, too. I just went out and bought 5 big packages of the heavyweight paper, so I can do up a bunch of postcards for anyone who's interested.

My husband took a stack of them to work and I gave them to friends and relatives. It was a very easy way to get lots of people to write their congresspeople in support of the FALCPA this way. (It turns out, people do more if you make it really easy! Heh!) We are currently targeting one particular Rep in our area who hasn't shown much interest in the FALCPA -- she's about to get about 300 postcards with about 15 different kids on the various cards. Hopefully, it will make a big impact, and make her realize that there are lots of FA kids around, and lots of voters who care about them!

So, I'd be very happy to do some up for anyone in this group.

If you're interested, email me privately at [email]"anna@mccartneyfamily.com"[/email]. I'll need the following info:

Child's name Child's age What child is allergic to Is it a life threatening allergy? How many postcards do you think you could distribute?

I have a little blurb at the bottom, saying something like "For more information about food allergies and the FALCPA, please contact X's parents, _____________ at ___________". So, you might want to tell me your name (and your spouse if applicable), and whether you'd prefer your phone number or email address for the contact info.

Also, do you want the postcards addressed to your congressperson (in which case I can preaddress them for you) or do you want to be able to distribute them to friends in various districts (in which case I will leave the address blank and people can look it up at [url="http://www.house.gov)."]www.house.gov).[/url]

I'll also need your postal address, so I can mail the postcards to you.

I just bought a new faster printer, so let's keep this thing humming! It would be lovely to do up a whole bunch of these and get lots of pictures of cute allergic kids sent in to the various congresspeople. I'm hoping that having them look at pictures of our kids, it will guilt trip them more into co-sponsoring the bill. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

If you already have some heavyweight paper sitting around and you'd like to do these yourself, I'd be happy to give you my template or whatever would make it easy for you.

A couple of people have also told me that their child doesn't want to be on postcards. (One of the great things about my son being a toddler is that he has no shame!) If you'd like to DISTRIBUTE postcards, but not have your child on one, let me know, as I can share other postcards with you. (You can give out ones of my son or something.)

I'm really happy to do this, so please let me know if you'd be interested!

Anna McCartney Ewan, age 3. Anaphylactic to eggs; sleep apnea.

[This message has been edited by Nutternomore (edited March 31, 2004).]

[This message has been edited by Nutternomore (edited April 02, 2004).]

On Apr 5, 2004

Two more co-sponsors have signed on:

Rep. Brian Baird [WA-3] and Rep. Danny Davis [IL-7]

Thanks to all of you who have contacted your Reps so far.

We still needs lots more support to make this legislation a reality. Please contact your Rep. today to let them know you want safer food labeling!

Also - in light in the recent research results about the prevalence of seafood allergies, please update your "pitch" to include the latest stats re:food allergies.

[i]4% of the general population suffers from food allergy, or approximately [b]11 million[/b] Americans (or roughly 1-in-25 Americans).[/i]

[This message has been edited by Nutternomore (edited April 05, 2004).]

On Apr 21, 2004

We've picked up three more co-sponsors!

Rep. Abercrombe [D-HI], Rep. Nethercutt [R-WA], and Rep. Tauscher [D-CA] (my rep!) are all on-board.

In the meantime, the bill remains stuck in the Subcommittee on Health. PLEASE contact your Reps. today!

On Apr 29, 2004

I want to help, tell me what I can do, I am in FL! I went to that site but didn't want to send it on to family and friends because from the sounds of it, its a different level. I am new to the PA world but already want to make a difference, I know I can!

On Apr 30, 2004

Momtomitchell,

Awesome! [b]Every voice counts, and can make a difference![/b]

You don't have any contact info in your profile. Please contact me off-board via e-mail so we can get started. Who's your Rep. in FL?

On May 4, 2004

Here is a response I got today, it appears to be a standardized letter being sent, she makes no mention of HR3684, just HR467 which I am not familiar with, I'll have to research it, I'm sure maybe one of you know what its all about?

Anyway, thank you Nutternomore for your help. I used the latest letter you had posted here.

I think I should respond to this again, what do you all think?

On May 4, 2004

doh! it would help if I pasted the letter!

Thank you for bringing your concerns to my attention. I appreciate the time you took to contact my office on this important issue.

In light of the growing incidences of food allergies and fatal reactions, Congress has been discussing changes to the Federal Food, Drug, and Cosmetic Act. Under current regulations, food manufacturers are not required to identify the products used in natural or artificial flavorings, colorings, or spices, and some food additives. Legislation changing current regulations was introduced in the 106th and 107th Congress and has subsequently been re-introduced in the 108th. H.R. 467, the Food Ingredient Right to Know Act, was introduced by Congresswoman Nita Lowey (D-NC). The bill requires all food labels to list any spice, flavoring, or coloring derived from meat, poultry, any other animal product (including insects), or a known food allergen. The bill has been referred to the Subcommittee on Health, but has yet to be considered.

Providing ingredient information on spices and flavoring could be useful to food allergy sufferers. Easy identification, by use of a well-recognized symbol, is currently under consideration. As an asthmatic with many allergies I can certainly relate to this bill and as it moves forward, I assure you I will listen to the experts and my constituents on this important issue.

Thank you for sending me your thoughts. I hope to continue to receive them in the future.

I thank you for your concern regarding this very important matter and I hope you will continue to share your thoughts and views with me. It is my honor and privilege to serve the people of Florida's 5th Congressional District and my offices and staff are here to provide you with any assistance you may need.

Sincerely,

Ginny Brown-Waite Member of Congress

On May 5, 2004

GRRR! This is the 2nd time I've heard of a Rep. referencing HR 467 in their form letter response.

This is not good, shows little awareness about the push for HR 3684.

OK...a little history. HR 467 is the Food Ingredient Right to Know Act. Rep. Lowey also introduced this legislation back in 2003, but my understanding is that this was back-up legislation (in the event that FALCPA didn't survive). It only tries to address the food additive labeling loophole, so it isn't anywhere near as comprehensive as FALCPA.

We need to make sure that Reps. are considering the legislation [i]we're asking them to consider [/i] - HR 3684, the Food Allergen Labeling and Consumer Protection Act.

Thanks for sharing your experience. I agree that a follow-up letter and/or phone call would be helpful....thanks for pushing!

On May 5, 2004

Quote:

Originally posted by Nutternomore: [b] And check the list of current co-sponsors for HR3684:

[url="http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR3684:@@@L&summ2=m&#cosponsors"]http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR3684:@@@L&summ2=m&#cosponsors[/url]

[i]If your representatives aren't on this list, we still need you to contact them to let them know how important this issue is, and that you want them to co-sponsor the legislation.[/i]

Let's keep it going!

[This message has been edited by Nutternomore (edited February 27, 2004).][/b]

Four new co-sponsors were added today bringing the total to 47 - including Republican George Nethercutt from Washington state. Also two Reps from California and one from Maryland! I think next week being Food Allergy Awareness Week will be an excellent opportunity to recontact our representatives not already listed as co-sponsors and make our case again.

------------------ Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

On May 8, 2004

I'm passing along an update I rec'd from Anna McCartney (Seattle FEAST group - the one who is making the FALCPA postcards).

IT'S CRUNCH TIME....Get to your House Reps. right away!

--------- Hi! I just got off the phone with Kate Winkler, from Congresswoman Lowey's office. Here's the deal: the subcommittee (Health) has bumped the bill up to the full committee (Energy and Commerce) to be looked at. The Energy and Commerce folks are having a meeting with Lowey's folks next week to talk about the bill. Kate said this is definitely good news - they don't bother having meetings about stuff they aren't interested in, and the fact that the subcommitte looked at it and bumped it up to the big committee generally means that the subcommittee thinks it's a good bill.

Kate said that things are looking GOOD, but that it's really getting down to the wire. It's kind of now or never to get more support. Even though things are going in the right direction it's not clear at this point whether it will pass or not, so it's totally crucial for all of us to be calling tons of politicians. If you have anyone from your state on Energy and Commerce (not just the Health Subcommittee!!!) PLEASE PLEASE PLEASE call them.

The list of who's on Energy and Commerce is at [url="http://clerk.house.gov/committee/index.html?comcode=HIF00."]http://clerk.house.gov/committee/index.html?comcode=HIF00.[/url]

Even if you have no connection to anyone on Energy and Commerce, please check whether your own Congressperson is a co-sponsor. You can do that at [url="http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR03684:@@@P."]http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR03684:@@@P.[/url] Sometimes these links don't work, so if you can't go through that link, try [url="http://www.thomas.loc.gov"]www.thomas.loc.gov[/url] and type in bill number HR 3684 and then Bill Summary & Status, then cosponsors. If your congressperson is not on that list PLEASE call them and ask them to become a co-sponsor. ... Above all else, PLEASE DO THIS TODAY! TIME IS REALLY RUNNING OUT! It's now or never, I think.

Thanks a ton! Anna

On May 13, 2004

Well I just wrote to Congresswoman Brown-Waite for the 3rd time. Since she obviously didn't read my first message correctly I refuse to give up on this one. I even invited her to come grocery shopping with me and watch just how long it takes to read all the labels!!

On May 14, 2004

Nuttermore, have you received an update about the meeting with Lowey's people?

On May 14, 2004

Momtomitchell,

Thanks for your efforts!

No update as of today, but we hope to get one early next week. I'll report what we find out re:status.

On May 16, 2004

Nutternomore, is it too late? I just found this website listing Energy and Commerce Members... is hat who we should be writing to at this point? [url="http://energycommerce.house.gov/108/members/members.htm"]http://energycommerce.house.gov/108/members/members.htm[/url]

I already sent one last June to my congressman via FAAN website. House reps can be looked up at [url="http://www.house.gov/writerep/"]http://www.house.gov/writerep/[/url]

Thanks!

[This message has been edited by Driving Me Nutty (edited May 18, 2004).]

On May 16, 2004

Driving Me Nutty,

We need everyone's help RIGHT NOW, so thanks in advance for your efforts! We are really at a critical stage in this effort, and must keep the momentum so this bill doesn't die in committee...

Has your Rep. signed on already as a co-sponsor? If so, then it makes sense to move forward with trying to influence others on the committee (especially if they are from your home state).

If your Rep. has not yet signed on, I'd recommend follow-up to try to convert him/her into a co-sponsor. We still need to increase the overall numbers of co-sponsors for the bill. That sends a signal to the Energy & Commerce Committee (and Subcommittee on Health) that the legislation enjoys broad support, so they should take it up. Also, the more support that is visible, the less likely it is that the Committee will try to amend the legislation (either gut important provisions, add "pork" to the bill, etc.)

You can e-mail me off-board with more specifics if you'd like...

On May 17, 2004

Thanks nutternomore. And how do I find out if my rep (IL) has signed off on the bill? Is there a website with current 'votes'?

Thanks!

On May 17, 2004

Ok, I found the link mentioned earlier in the thread - [url="http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR3684:@@@L&summ2=m&#cosponsors"]http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR3684:@@@L&summ2=m&#cosponsors[/url]

On May 18, 2004

Yeah!! We have two more, OH and MA! MA is doing great, my home state, too bad my new state, FL can't keep up [img]http://uumor.pair.com/nutalle2/peanutallergy/rolleyes.gif[/img]

On May 18, 2004

My rep is due a phone call. Can you help me out with what to say? who to ask for? Do I basically read the letters I've already sent?

Thanks for your help!

On May 18, 2004

Well, I just looked up the zip codes of all of our friends and relatives to see if any are in the district of a rep on that is on the committee that is reviewing the bill. I did find one distant aunt and uncle, whom I'll ask to send letter (that I'll provide) to their rep in WY.

Is there any update on if the committee already met last week? I couldn't find anything noted on any schedules on the government websites...

On May 18, 2004

I'm working on an update...hope to have something soon.

In the meantime, we picked up 2 more co-sponsors yesterday.

Rep Meehan, Martin T. - 5/17/2004 [MA-5] Rep Regula, Ralph - 5/17/2004 [OH-16]

Let's keep those e-mails, phone calls, faxes, and letters coming. WE NEED CO-SPONSORS NOW!!!!!

On May 18, 2004

Momtomitchell,

You want to ask to speak to the legislative aide responsible for Health care issues. Indicate that you are calling to discuss HR 3684.

In speaking with the aide, emphasize the importance of the issue to you. Instead of re-reading the letter, indicate that you are following up with additional information, but reference that you previously wrote.

Try to convey how this impacts your life, i.e. make it personal. Make them understand how hard it is to read labels, and what would happen (or has happened) if a mistake is made. It is quite possible that the aide has very little understanding about food allergies, but personal examples go a long way to bring home the points.

I would re-emphasize that (1) it's bi-partisan legislation passed unanimously by the Senate, with support by the FDA, (2) labels are currently written for scientists, not consumers...objective is that a 7 yr old should be able to read simple words like milk, peanuts, egg... (3) it closes the additive loophole (so have to disclose if Top 8 contained in "natural flavorings", e.g.), (4) that it minimizes costs to manufacturers, since they have to change labels anyway to comply with FDA requirements on labeling for trans fat on the same implementation date (1/1/06).

Another thing I've done is to bring home the impact at a state level. I go to the web and either find the US Census data for your state, and also go to your state government website (to see if they have a revised figure more current than 2000). Multiply that number by 4% (the latest national estimate...the roughly 1-in-25 estimate), and convey to your Rep's office that based on the latest studies, and the latest census info, it is estimated that the number of people affected in your state is XXXXX.

Then I close with another request for co-sponsorship, and a question as to how I can be informed once they have formulated their position on the legislation (will they e-mail you, should you call that Aide back in xxx weeks, etc.).

On May 21, 2004

Just got this update from Rep. Lowey's office re:FALCPA. ----------------- [i]The FDA recently walked the Energy and Commerce Committee staff through the bill. The FDA very openly told staff that they support the bill as written. We expect the bill to be marked up after Memorial Day...[/i] ------------------ So, this means, that in a few weeks, the full Energy & Commerce Committee will review the legislation, and then vote. If it makes it out of Committee, then it would be considered by the full House.

So, I think we will need to make another big push here to contact members of the Committee to urge them to support/co-sponsor FALCPA. If no one is able to get to it sooner, I'll post an updated list this weekend.

[b]Please make your voice heard![/b] This is our best chance to get this bill passed!!!

[This message has been edited by Nutternomore (edited May 21, 2004).]

On May 21, 2004

Again, here is the most current list of co-sponsors:

[url="http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR03684:@@@P"]http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR03684:@@@P[/url]

And, here is the list of members of the Energy & Commerce Committee: [url="http://energycommerce.house.gov/108/members/members.htm"]http://energycommerce.house.gov/108/members/members.htm[/url]

On May 25, 2004

After a couple of calls back and forth, I received a call from the office of my rep (Levin - MI). He will be signing on as a co-sponsor when they get back from the current break.

On May 27, 2004

I spoke to my rep's office but the Health aide is on vaca. The aide I spoke to "promised" me he would push it to the top of her desk when she returns. I'll be calling back on Monday regardless.

I spoke to my aunt who knows a MA rep's mother and will talk to her and see if she can get me in contact with the MA rep on the E&C Committee. Seems I'm having better luck in my home state!

On Jun 2, 2004

Well after a phone call and 3 emails I finally got favorable response. Now all we need to do is work on those on the E & C Committee!

Thank you for bringing your concerns to my attention. I apologize for the confusion with my last letter and welcome the opportunity to address the correct issue.

Last year, Congresswoman Nita Lowey (NY-18) introduced H.R. 3684, the Food Allergen Labeling & Consumer Protection Act. The bill requires any food that is not a raw agricultural commodity to accurately label their food if it contains a major food allergen. Major food allergens are milk, egg, fish, Crustacean shellfish, tree nuts, wheat, peanuts, and soybeans. This bill has been referred to the Subcommittee on Health, but has yet to be considered.

Roughly 2% of adults and 5% of children die each year from food allergens and the 8 food groups listed above account for 90% of these deaths. Fatally allergic reactions could be easily alleviated by better food labeling. I support the efforts of my colleague and should this bill come before the House of Representatives, I would be happy to vote in its favor.

Thank you for sending me your thoughts. I look forward to hearing from you in the future.

I thank you for your concern regarding this very important matter and I hope you will continue to share your thoughts and views with me. It is my honor and privilege to serve the people of Florida's 5th Congressional District and my offices and staff are here to provide you with any assistance you may need.

Sincerely,

Ginny Brown-Waite Member of Congress

On Jun 3, 2004

PunkinsMom,

Yea! Levin kept his word, and is now officially signed on as a co-sponsor! That brings us to 50, which is good, but we need more, especially Republicans. -------- Momtomitchell,

Thanks for your tenacity. Not sure if you feel you can push further to try to get co-sponsorship, but having a commitment to vote favorably if the bill makes it to the full House is quite valuable, and an excellent win!

I'll try to get back w/more news very soon...

On Jun 4, 2004

nuttermore,

I spoke to the office and spoke to the Aide this morning. She said she will speak with the rep but she didn't seem to think that a co-sponsorship at this point would make a difference because it sounds like the bill will already be heard. I did explain the amount of co-sponsorship that are actually on the E&C is minimal at best and on a personal level it would mean a great deal if we saw our own rep's name on the list, to know they stand behind us. She'll call me back next week.....

Nuttermore, I want to thank you for your own tenacity and instruction on how to help. Like many other Americans the governmental system & structure is a big blur UNTIL you need it yourself. I can only say that my "House" ignorance is no longer, I'm glad I got involved!!

On Jun 7, 2004

Well, the good news is that we've picked up two more co-sponsors!

Rep Jay Inslee - 6/3/2004 [WA-1] Rep Paul Ryan - 6/3/2004 [WI-1]

So we're up to 52 now. This momentum is important as the Energy and Commerce committee will be examining the legislation very soon.

On Jun 7, 2004

This battle is not over.

As I mentioned in a prior post, the House Energy and Commerce Committee will soon vote on HR 3684, the Food Allergen Labeling and Consumer Protection Act.

[b]I am hearing that the Food Manufacturers lobbyists are working to water down the bill, and to push back the effective date of 2006.[/b]

Don't let them succeed.

Here's a copy of the letter that I just sent to the entire House Energy & Commerce Committee.

You should write to each individual member of the Committee to ensure that they receive the communication.

Please feel free to tailor this letter as needed. I will also post a similar letter later that can be used to communicate to your Rep. (if you've not yet introduced the topic of FALCPA).

Time is precious....make your voice heard NOW!

----------------- Subject: Better Labeling is Needed NOW - Support HR 3684

Members of the House Energy and Commerce Committee,

I am writing to urge your support of H.R. 3684, the "Food Allergen Labeling and Consumer Protection Act of 2003." This bipartisan legislation is critically important to the estimated 11 million Americans (roughly 1-in-25 Americans) with food allergies Similar legislation unanimously passed the Senate in March.

On May 4, 2004, Secretary of Health and Human Services, Tommy Thompson, wrote to House Speaker Dennis Hastert and Representative Joe Barton, Chairman of the House Energy and Commerce Committee, enthusiastically endorsing S. 741, as passed by the Senate. The key provisions of that measure are IDENTICAL to H.R. 3684.

Of particular significance is the EFFECTIVE DATE of January 1, 2006. This is the same date on which new FDA labeling requirements for trans fats go into effect. Those regulations will give consumers better health information and allow them to take the right steps to reduce their risk of disease. ONE EFFECTIVE DATE for both labeling changes serves consumers who are in need of information, and minimizes the burden on food manufacturers. The majority of food manufacturers already follow voluntary industry guidelines for the labeling of major food allergens (announced in 2001), further reducing any 'new' burden. In fact, with improved labeling, some food manufacturers will likely derive cost savings once the implementation date is reached, due to a reduction in phone calls from food allergic families.

Please vote for H.R. 3684 without changes to the effective date. Your support for this bill will ensure that I can choose food products for my 6 year-old son without the fear of immediate harm or long-term health consequences. Thank you. Sincerely, xxxxx Father of a 6 yr old child, severely anaphylactic to peanuts and tree nuts

(Edited to indicate that the e-mail address and link I provided earlier goes to a staffer who supports the Committee - no guarantee that he/she will actually forward the correspondence to each member of the Committee [img]http://uumor.pair.com/nutalle2/peanutallergy/frown.gif[/img] )

[This message has been edited by Nutternomore (edited June 08, 2004).]

On Jun 10, 2004

We just picked up our 53rd co-sponsor.

Rep Curt Weldon [PA-7] - 6/9/2004

Let's keep those phone calls/e-mails/letters going!

[img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

On Jun 11, 2004

Thanks Nuttermore! I will definately copy of the letter and get them out. Last week I got a call from my rep's office and it was a definative NO; she would not be co-sponsoring the bill, they are trying to keep their co-sponsorships down, blah blah blah. I am very disapointed.....

On Jun 15, 2004

Good news!!!The Subcommittee on Health of the House Committee on Energy and Commerce has passed -- without amendment -- S. 741 by voice vote; Title II of S. 741 is The Food Allergen Labeling and Consumer Protection Act . The bill will be considered by the full committee next week. Now is the critical time to FAX or EMAIL letters to your Representatives and urge them to vote in favor of the bill. If you don't know who your Representative is in Congress, visit the House website ([url]http://www.house.gov/[/url]), or call the House at 201-224-3121. Please write your letters today!!!!

[This message has been edited by Colleen's Mom (edited June 15, 2004).]

On Jun 15, 2004

[img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

[This message has been edited by synthia (edited July 14, 2004).]

On Jun 15, 2004

.

[This message has been edited by synthia (edited June 15, 2004).]

On Jun 15, 2004

[url="http://biz.yahoo.com/prnews/040615/nytu175_1.html"]http://biz.yahoo.com/prnews/040615/nytu175_1.html[/url]

[i][b]Subcommittee on Health Unanimously Passes Food Allergen Labeling and Consumer Protection Act (FALCPA) to Simplify and Mandate Food Allergen Labeling by 2006[/b] Tuesday June 15, 5:06 pm ET Bill Will Next be Considered by the House Committee on Energy and Commerce

NEW YORK, June 15 /PRNewswire/ -- The Food Allergy Initiative celebrates a major milestone in its public policy program and applauds the House Subcommittee on Health for unanimously passing the Food Allergen Labeling and Consumer Protection Act, the bill originally authored by U.S. Representatives Nita Lowey and James Greenwood and U.S. Senators Edward Kennedy and Judd Gregg. The bill requires food manufacturers to clearly state if a product contains the eight major food allergens that are responsible for over 90% of all allergic reactions which are: milk, eggs, peanuts, tree nuts, fish, shellfish, wheat, and soy. Rep. Lowey explains, "Foods that are safe for most Americans can be deadly for others. Food-allergic consumers depend on food labels to make life-and-death decisions, yet they are forced to crack a code of complicated scientific terms for every food product they eat. It's time for Congress to end this dangerous game by passing my bill to require everyday language and complete food ingredient lists."

Recent studies estimate that 1 of every 15 Americans -- over 7 million Americans -- has a food allergy and the number of children with peanut allergy has doubled in the past five years. Each year, over 250 Americans die due to the ingestion of allergenic foods and 30,000 receive life-saving treatment in emergency rooms.

The only way for someone with food allergies to keep from having a potentially life-threatening allergic reaction is to completely avoid foods and products that contain the allergens. Food-allergic consumers are forced to decipher labels for every food product they purchase, every time they shop -- a tedious and terrifying process. Unfortunately, their lives are made even more difficult because ingredient statements are written for scientists, not consumers.

A recent study at Mount Sinai School of Medicine demonstrated that after reading a series of labels only 7% of parents of children with milk allergy were able to correctly identify products that contained milk and 22% of parents of children with soy allergy were able to correctly identify products that contain soy. This is because over thirty different terms refer to milk (i.e., whey, casein) and over fourteen terms refer to soy (i.e., miso or textured vegetable protein). In addition, food manufacturers are not required to declare if any allergens were used in the natural or artificial flavorings, additives, and colorings.

The Food Allergen Labeling and Consumer Protection Act would allow food-allergic consumers to more easily identify a product's ingredients, protect themselves from foods that would harm them, and stay healthy. "There is currently no cure for food allergies," explains Todd J. Slotkin, Chairman of the Food Allergy Initiative and father of twins with life-threatening food allergies. "If enacted, this bill is the first line of defense in the prevention of deaths and/or serious illness from reactions to foods. We thank the federal legislators for the years of hard work and cooperative bipartisan effort to help the millions of Americans who live in fear of eating the wrong food with every bite they take."

In addition, the bill will also help the celiac disease community because the bill calls for the Food and Drug Administration to issue final regulations defining "gluten-free" by 2006. Celiac disease is a digestive disorder that is triggered by eating the protein gluten, which is found in grains, including what, rye, barley, and possibly oats.

About the Food Allergy Initiative

The Food Allergy Initiative (FAI) is a New York-based, nonprofit organization dedicated to supporting research to find a cure for life-threatening food allergies. In addition to funding research and clinical activities to identify and treat those at risk, FAI supports public policy initiatives to create a safer environment for those afflicted, and educational programs to heighten awareness among health and child care workers, schools, camps, and members of the hospitality and food service industries about food allergies and the danger of anaphylaxis. For more information, please visit the FAI website at [url="http://www.FoodAllergyInitiative.org"]http://www.FoodAllergyInitiative.org[/url] or call 212-527-5835. [/i]

-------------------------------------------------------------------------------- Source: Food Allergy Initiative

------------------ Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

[This message has been edited by Jana R (edited June 15, 2004).]

On Jun 15, 2004

Here's the press release from the National Food Processors Association:

[url="http://www.nfpa-food.org/NewsReleases/NFPAPressRelease061504-A.htm"]http://www.nfpa-food.org/NewsReleases/NFPAPressRelease061504-A.htm[/url]

[i][/b]NFPA Applauds House Subcommittee Markup of Food Allergen Labeling Legislation[/b] ( Washington , D.C. )

On Jun 15, 2004

Thank you Jana!!

Love this site Synthia [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

On Jun 16, 2004

FOOD SAFETY Lactoglobulin, albumin, and livetin? That

On Jun 16, 2004

If you wish to send correspondence in support of FALCPA to the House Energy and Commerce Committee, you may do so online at [url="http://energycommerce.house.gov/feedback.htm#feedback."]http://energycommerce.house.gov/feedback.htm#feedback.[/url] You may also call the committee at (202) 225-2927. They have no public fax number. Given that the bill is on the committee's agenda for next week, snail mail will not reach them in time.

On Jun 16, 2004

Please see my prior post on page 2 re:communication with the Committee on Energy & Commerce.

That e-mail address is managed by a staffer, who does not necessarily take responsibility to forwarding the mail to individual committee members.

When I called them, they advised me to that "...You should write to each individual member of the Committee to ensure that they receive the communication..."

The list of the committee members can be found here:

[url="http://energycommerce.house.gov/108/members/members.htm"]http://energycommerce.house.gov/108/members/members.htm[/url]

[This message has been edited by Nutternomore (edited June 16, 2004).]

On Jun 16, 2004

I tried to right to each individual member however, because my zip code did not belong to their district I was not allowed to continue the email. You'll have to enter a local zip code and address in order to do that. Nuttermore, have you found a way around it?

On Jun 16, 2004

A few miscellaneous items to cover:

1) The 'Food Allergen Labeling and Consumer Protection Act' is just 2 votes shy of becoming law. The House Energy and Commerce Committee must pass the bill, and then it must pass the full House, in order to be sent to the President.

2) Amazingly, the press releases/stories are all quoting INCORRECT STATS. I spoke w/Chris Weiss at FAAN this AM, and we should continue to quote the 4% of the population (i.e. roughly 1-in-25 Americans), or 11 Million Americans in our communications.

On Jun 17, 2004

I just sent online letters to Congressman Barton and some other committee members by using their home zip codes in place of my own. Their staffers may end up disregarding the letters when they see my address, but I thought it was worth a try. You can get the zip codes from the US Post Office site by plugging in the congressman's district office address, if you want to take the time to do this. This is what I have so far:

W.J. "Billy" Tauzin, Louisiana 70360-4802

Ralph M. Hall, Texas 75087-2508

Michael Bilirakis, Florida 33618-4404

Fred Upton, Michigan 49007-4877

Cliff Stearns, Florida 34471-9179

Paul E. Gillmor, Ohio 43512-2168

James C. Greenwood, Pennsylvania 18901-4644

Christopher Cox, California 92660-2412

Nathan Deal, Georgia 30721-4468

Richard Burr, North Carolina 27104-4225

Ed Whitfield, Kentucky 42240-2017

Charlie Norwood, Georgia 30907-0331

Barbara Cubin, Wyoming 82601-1962 If someone else would like to pick the list up from here, please do so. I cannot spare anymore time.

In the alternative, we can place telephone calls to the E&C Committee members or fax letters to them, although I know this can run into long distance charges that many of us cannot afford.

[This message has been edited by Colleen's Mom (edited June 17, 2004).]

On Jun 18, 2004

Here is all the contact information of all the Energy and Commerce Members for the 108th Congress:

Representative W.J. "Billy" Tauzin (R-LA) Chairman 2183 Rayburn House Office Building Washington, DC 20515-1803 Phone: (202) 225-4031 Fax: (202) 225-0563 Email: [email]wj.tauzin@mail.house.gov[/email]

Representative Richard Burr (R-NC) Vice Chairman 1526 Longworth House Office Building Washington. DC 20515-3305 Phone: (202) 225-2071 Fax: (202) 225-2995 Email: [email]richard.burrnc05@mail.house.gov[/email]

Representative John D. Dingell (D-MI) Ranking Member 2328 Rayburn House Office Building Washington, DC 20515-22215 Phone: (202) 225-4071 Fax: (202) 226-0371 Email: [email]john.dingell@mail.house.gov[/email]

Representative Tom Allen (D-ME) 1717 Longworth House Office Building Washington, DC 20515-6116 Phone: 202-225-6116 Fax: 202-225-5590 Email: [email]rep.tomallen@mail.house.gov[/email]

Representative Joe Barton (R-TX) 2109 Rayburn House Office Building Washington, DC 20515-4306 Phone: (202) 225-2002 Fax: (202) 225-3052 Email: [email]barton06@hr.house.gov[/email]

Representative Charles F. Bass (R-NH) 2421 Rayburn House Office Building Washington, DC 20515-2902 Phone: (202) 225-5206 Fax: (202) 225-2946 Email: [email]cbass@mail.house.gov[/email]

Representative Michael Bilirakis (R-FL) 2269 Rayburn House Office Building Washington, D.C. 20515-0909 Phone: (202) 225-5755 Fax: (202) 225-4085 Email: [email]michael.bilirakis@mail.house.gov[/email]

Representative Roy Blunt (R-MO) 217 Cannon House Office Building Washington, D.C. 20515-2507 Phone: (202) 225-6536 Fax: (202) 225-5604 Email: [email]blunt@mail.house.gov[/email]

Representative Mary Bono (R-CA) 404 Cannon House Office Building Washington, DC 20515-0545 Phone: (202) 225-5330 Fax: (202) 225-2961 Email: [url="http://www.house.gov/writerep"]www.house.gov/writerep[/url]

Representative Rick Boucher (D-VA) 2187 Rayburn House Office Building Washington, D.C. 20515-4609 Phone: (202) 225-3861 Fax: (202) 225-0442 Email: [email]ninthnet@mail.house.gov[/email]

Representative Sherrod Brown (D-OH) 2332 Rayburn House Office Building Washington, DC 20515-4001 Phone: (202) 225-3401 Fax: (202) 225-2266 Email: [email]sherrod@mail.house.gov[/email]

Representative Steve Buyer (R-IN) 2230 Rayburn House Office Building Washington, DC 20515-14-4 Phone: (202) 225-5037 Fax: (202) 225-2267 Email: [url="http://www.house.gov/writerep"]www.house.gov/writerep[/url]

Representative Lois Capps (D-CA) 1707 Longworth House Office Building Washington D.C. 20515-0523 Phone: (202) 225-3601 Fax: (202) 225-5632 Email: [email]lois.capps@mail.house.gov[/email]

Representative Christopher Cox (R-CA) 2402 Rayburn Building Washington, DC 20515-0548 Phone: (202) 225-5611 Fax: (202) 225-9177 Email: [email]christopher.cox@mail.house.gov[/email]

Representative Barbara Cubin (R-WY) 1114 Longworth House Office Building Washington, D.C. 20515-5001 Phone: (202) 225-2311 Fax: (202) 225-3057 Email: [url="http://www.house.gov/writerep"]www.house.gov/writerep[/url]

Representative Jim Davis (D-FL) 409 Cannon House Office Building Washington, D.C. 20515-0911 Phone: (202) 225-3376 Fax: (202) 225-5652 Email: [url="http://www.house.gov/jimdavis/message.html"]www.house.gov/jimdavis/message.html[/url]

Representative Nathan Deal (R-GA) 2437 Rayburn House Office Building Washington, DC 20515-1010 Phone: (202) 225-5211 Fax: (202) 225-8272 Email: [url="http://www.house.gov/deal/contact/default.shtml"]www.house.gov/deal/contact/default.shtml[/url]

Representative Diana DeGette (D-CO) 1530 Longworth House Office Building Washington, D.C. 20515-0601 Telephone: (202) 225-4431 Facsimile: (202) 225-5657 Email: [email]degette@mail.house.gov[/email]

Representative Peter Deutsch (D-FL) 2303 Rayburn House Office Building Washington, DC 20515-0920 Phone: (202) 225-7931 Fax: (202) 225-8456 Email: [email]pdeutsch@mail.house.gov[/email]

Representative Michael F. Doyle (D-PA) 401 Cannon House Office Building Washington, DC 20515-3814 Phone: 202-225-2135 Fax: 202-225-3084 Email: [email]rep.doyle@mail.house.gov[/email]

Representative Eliot L. Engel (D-NY) 2264 Rayburn House Office Building Washington, DC 20515-3217 Phone: (202) 225-2464 Fax: (202) 225-5513 Email: [email]eliot.engel@mail.house.gov[/email]

Representative Anna G. Eshoo (D-CA) 205 Cannon House Office Building Washington, D.C. 20515-0514 Telephone (202) 225-8104 Fax (202) 225-8890 Email: [email]annagram@mail.house.gov[/email]

Representative Mike Ferguson (R-NJ) 214 Cannon House Office Building Washington, DC 20515-3007 Phone: (202) 225-5361 Fax: (202) 225-9460 Email: [url="http://www.house.gov/ferguson/IMA/get_address2.shtml"]www.house.gov/ferguson/IMA/get_address2.shtml[/url]

Representative Ernie Fletcher (R-KY) 1117 Longworth House Office Building Washington, DC 20515-0306 Phone: (202) 225-4706 Fax: (202) 225-2122 Email: fletcherdc#@mail.house.gov

Representative Vito Fossella (R-NY) 1239 Longworth House Office Building Washington, DC 20515-3213 Phone: (202) 225-3371 Fax: (202) 226-1272 Email: [email]vito.fossella@mail.house.gov[/email]

Representative Paul E. Gillmor (R-OH) 1203 Longworth House Office Building Washington, DC 20515-3505 Phone: (202)225-6405 Fax: (202) 225-1985 Email: [email]paul.gillmor@mail.house.gov[/email]

Representative Bart Gordon (D-TN) 2304 Rayburn House Office Building Washington, DC 20515-4206 Phone: (202) 225-4231 Fax: (202) 225 6887 Email: [email]bart.gordon@mail.house.gov[/email]

Representative Gene Green (D-TX) 2335 Rayburn House Office Building Washington, DC 20515-4329 Phone: (202) 225-1688 Fax: (202) 225-9903 Email: [email]ask.gene@mail.house.gov[/email]

Representative James C. Greenwood (R-PA) 2436 Rayburn House Office Building Washington, D.C. 20515-3808 Phone: (202) 225-4276 Fax: (202) 225-9511 Email: [email]pawizard@mail.house.gov[/email]

Representative Ralph M. Hall (D-TX) 2405 Rayburn House Office Building Washington, DC 20515-4304 Phone: 202-225-6673 Fax: 202-225-3332 Email: [email]rmhall@mail.house.gov[/email]

Representative Darrell Issa (R-CA) 211 Cannon House Office Building Washington, DC 20515-0549 Phone: (202)225.3906 Fax: (202)225.3303 Email: [url="http://www.issa.house.gov/home_contact_email.asp"]www.issa.house.gov/home_contact_email.asp[/url]

Representative Christopher John (D-LA) 403 Cannon House Office Building Washington, DC 20515-1807 Phone: (202) 225-2031 Fax: (202) 225-5724 Email: [email]christopher.john@mail.house.gov[/email]

Representative Edward J. Markey (D-MA) 2108 Rayburn House Office Building Washington, DC 20515-2107 Phone: (202) 225-2836 Fax: (202) 226-0092 Email: [url="http://www.house.gov/writerep"]www.house.gov/writerep[/url]

Representative Karen McCarthy (D-MO) 1436 Longworth House Office Building Washington, DC 20515-2505 Phone: (202) 225-4535 Fax: (202) 225-4403 Email: [url="http://mccarthy.house.gov"]http://mccarthy.house.gov[/url]

Representative Charlie Norwood (R-GA) 2452 Rayburn House Office Building Washington, DC 20515-1009 Phone: (202)225-4101 Fax: (202) 226-5995 Email: [email]rep.charlie.norwood@mail.house.gov[/email]

Representative C.L. "Butch" Otter (R-ID) 1711 Longworth House Office Building Washington, D.C. 20515-1201 Phone: (202) 225-6611 Fax: (202) 225-3029 Email: [email]butch.otter@mail.house.gov[/email]

Representative Frank Pallone Jr. (D-NJ) 420 Cannon House Office Building Washington, D.C. 20515-3006 Phone: (202) 225-4671 Fax: (202) 225- 9665 Email: [email]frank.pallone@mail.house.gov[/email]

Representative Charles "Chip" Pickering (R-MS) 229 Cannon House Office Building Washington, DC 20515-2403 Phone: (202)225-5031 Fax: (202)225-5797 Email: [email]cade.king@mail.house.gov[/email]

Representative Joseph R. Pitts (R-PA) 204 Cannon House Office Building Washington, DC 20515-3816 Phone: (202) 225-2411 Fax: (202) 225-2013 Email: [email]pitts.pal6@mail.house.gov[/email]

Representative George Radanovich (R-CA) 438 Cannon House Office Building Washington, DC 20515-0519 Phone: (202) 225-4540 Fax: (202)225-3402 Email: [email]george@hr.house.gov[/email]

Representative Mike Rogers (R-MI) 133 Cannon House Office Building Washington, D.C. 20515-2208 Phone: (202) 225-4872 Fax: (202) 225.5820 Email: [email]heather.keisser@mail.house.gov[/email]

Representative Bobby L. Rush (D-IL) 2416 Rayburn House Office Building Washington, DC 20515-1301 Phone: (202) 225-4372 Fax: (202) 226-0333 Email: [email]bobby.rush@mail.house.gov[/email]

Representative Jan Schakowsky (D-IL) 515 Cannon House Office Building Washington, DC 20515-1309 Phone: (202) 225-2111 Fax: (202) 226-6890 Email: [email]jan.schakowsky@mail.house.gov[/email]

Representative John B. Shadegg (R-AZ) 306 Cannon House Office Building Washington, D.C. 20515-0303 Phone: (202) 225-3361 Fax: (202) 225-3462 Email: [email]j.shadegg@mail.house.gov[/email]

Representative John Shimkus (R-IL) 513 Cannon House Office Building Washington, DC 20515-1319 Phone: (202) 225-5271 Fax: (202) 225-5880 Email: [email]shimkus@mail.house.gov[/email]

Representative Hilda L. Solis (D-CA) 1725 Longworth House Office Building Washington, D.C. 20515-0532 Phone: (202) 225-5464 Fax: (202)225-5467 Email: [url="http://www.house.gov/writerep"]www.house.gov/writerep[/url]

Representative Cliff Stearns (R-FL) 2370 Rayburn House Office Building Washington, D.C. 20515-0906 Phone: (202) 225-5744 Fax: (202) 225-3973 Email: [email]cstearns@mail.house.gov[/email]

Representative Ted Strickland (D-OH) 336 Cannon House Office Building Washington, D.C. 20515-3506 Phone: (202) 225-5705 Fax: (202) 225-5907 Email: [email]ted.strickland@mail.house.gov[/email]

Representative Bart Stupak (D-MI) 2352 Rayburn House Office Building Washington, DC 20515-2201 Phone: (202) 225 4735 Fax: (202) 225 4744 Email: [email]stupak@mail.house.gov[/email]

Representative Lee Terry (R-NE) 1524 Longworth House Office Building Washington, DC 20515-2702 Phone: (202) 225-4155 Fax: (202) 226-5452 Email: [url="http://leeterry.house.gov/contact.asp"]http://leeterry.house.gov/contact.asp[/url]

Representative Edolphus Towns (D-NY) 2232 Rayburn House Office Building Washington, DC 20515-3210 Phone: (202) 225-5936 Fax: (202) 225-1018 Email: [email]brenda.pillors@mail.house.gov[/email]

Representative Fred Upton (R-MI) 2161 Rayburn House Office Building Washington, D.C. 20515-2206 Phone: (202) 225-3761 Fax: (202) 225-4986 Email: [email]tellupton@mail.house.gov[/email]

Representative Greg Walden (R-OR) 1404 Longworth House Office Building Washington, DC 20515-3702 Phone: (202) 225-6730 Fax: (202) 225-5774 Email: [email]greg.walden@mail.house.gov[/email]

Representative Henry A. Waxman (D-CA) 2204 Rayburn House Office Building Washington, DC 20515-0530 Phone: (202) 225-3976 Fax: (202) 225-4099 Email: [url="http://www.house.gov/waxman/contact.htm"]www.house.gov/waxman/contact.htm[/url]

Representative Ed Whitfield (R-KY) 301 Cannon House Office Building Washington, D.C. 20515-1701 (202) 225-3115 Voice (202) 225-3547 Fax Email: [email]edk401@mail.house.gov[/email]

Representative Heather Wilson (R-NM) 318 Cannon House Office Building Washington, DC 20515-4002 Phone: (202)225-6316 Fax: 202-225-4975 Email: [email]ask.heather@mail.house.gov[/email]

Representative Albert R. Wynn (D-MD) 434 Cannon House Office Building Washington, D.C. 20515-2004 Phone: (202) 225-8699 Fax: (202) 225-8714 Email: [email]alwynn@hr.house.gov[/email]

[url="http://www.aahomecare.org/energy-commerce.htm"]http://www.aahomecare.org/energy-commerce.htm[/url]

[This message has been edited by Rhonda RS (edited June 18, 2004).]

On Jun 18, 2004

RhondaRS,

Great work!

In the meantime, I'm pleased to report that I just found out that Rep. Tom Allen from Maine has signed on as a co-sponsor. We're up to 54!

Rep. Allen is ALSO a member of the Energy & Commerce Committee, so his decision is very timely, since the Committee will be reviewing the bill next week. Have been working on him for awhile now....thanks to anyone else here who contacted his office.

So, one less Committee member that anyone needs to contact (except to express thanks!)

On Jun 20, 2004

All,

[b]Rec'd electronic notification that the House Energy & Commerce Committee has formally scheduled FALCPA for markup this THURSDAY!!![/b]

The schedule info is available on the Energy & Commerce website:

[url="http://energycommerce.house.gov/108/Markups/06242004markup1324.htm"]http://energycommerce.house.gov/108/Markups/06242004markup1324.htm[/url]

Make sure that you when you are soliciting support for the measure, that you also refer to the bill as S.741 (the Senate version of the bill).

You may recall that in the Senate, FALCPA was added as an amendment to another bill (S. 741 - the Minor Use & Minor Species Act [MUMS ACT]), and FALCPA became Title II of that act.

It now appears that when the SubCommittee on Health reviewed the legislation and brought it forward to the full Energy & Commerce Committee, that they brought forward S. 741, rather than HR 3684. You can confirm this here, by looking at the last Major Action

[url="http://thomas.loc.gov/cgi-bin/bdquery/z?d108:s.00741:"]http://thomas.loc.gov/cgi-bin/bdquery/z?d108:s.00741:[/url]

Only a few days left to influence Committee members before the vote....

On Jun 21, 2004

Rhonda, Thank you for that list!! Unfortunately all my emails are either getting returned undeliverable or they will not read them if I am not in their district, such a road block! I hope others have better luck than me.

On Jun 24, 2004

S.741 was approved this a.m. by the full Energy and Commerce Committee!!!

On Jun 24, 2004

This is a great milestone. In terms of next steps, a Committee Report needs to be written. Fortunately, there were no amendments made to the legislation, so getting a report written will not be as complex as it would otherwise be.

Also found this info at Thomas: A measure or matter reported by a committee (except the Committee on Rules in the case of a resolution providing a rule, joint rule, or order of business) may NOT BE CONSIDERED in the House until the third calendar day (excluding Saturdays, Sundays, and legal holidays unless the House is in session on those days) on which the report of that committee on that measure has been available to the Members of the House.

So, we need to see that Committee Report issued and made available to the full House before they can even consider taking a vote. In the Senate, it took them a good 2-3 months to issue the report, but my belief is that this one should go faster... -------- Linking... [url="http://uumor.pair.com/nutalle2/peanutallergy/Forum8/HTML/000784.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum8/HTML/000784.html[/url]

N.B. - FAI is using old stats...how discouraging! Expect to see a press release from FAAN soon, using current stats... ----------- Thanks to all who have made an effort to have your voice heard. We're into the home stretch!!!

[This message has been edited by Nutternomore (edited June 25, 2004).]

[This message has been edited by Nutternomore (edited June 27, 2004).]

On Jun 24, 2004

I agree - it's very disappointing they used outdated stats! FAAN's updated this page with June 24th's happenings but it's not in a press release: [url="http://www.foodallergy.org/Advocacy/labeling.html"]http://www.foodallergy.org/Advocacy/labeling.html[/url]

I sent the other press releases of June 24th to my paper - they haven't been interested in printing all the other one's I've sent but maybe if I'm persistent!

------------------ Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

On Jun 27, 2004

2 more co-sponsors have signed on in recent days. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Rep Donald Payne [NJ-10] - 6/24/2004

Rep John Kline [MN-2] - 6/24/2004

On Jul 5, 2004

bump Love this site Syntia

On Jul 7, 2004

Looks like we might see action as soon as next week on a full House vote! ------------- [url="http://www.sun-sentinel.com/business/local/sfl-77allergylabels,0,6556292.story?coll=sfla-business-front"]http://www.sun-sentinel.com/business/loc...-business-front[/url] --------------- Labeling rules likely for food allergies by next week By MARY KISSEL The Wall Street Journal

July 7, 2004, 1:49 PM EDT

In a welcome development for millions of Americans who suffer from food allergies, the House of Representatives is expected to pass a bill next week that will require food makers to label, in plain English, eight of the most troublesome ingredients: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans. The eight account for roughly 90 percent of the nation's food allergies.

The Senate passed the bill unanimously in March, and President Bush is expected to sign it into law. A few companies already label their food this way, but all would have to adopt the new practices by Jan. 1, 2006.

Food allergies are a significant and growing problem. Fully 3.5 percent of Americans are allergic to some type of food, according to Hugh Sampson, director of the Jaffe Food Allergy Institute at Mount Sinai School of Medicine in New York.

Allergic reactions to food range from relatively mild skin swelling to respiratory or heart failure. In the most severe cases, anaphylaxis, a violent allergic reaction, can cause death in five to 15 minutes. While an immediate injection of adrenaline can prevent most deaths, there is no antidote.

About 30,000 people a year require emergency-room treatment for food allergies, according to the bill, and about 150 people die.

The legislation is a victory for plain-spokenness. Food companies will have to print the allergens' common names, either by themselves or in parentheses after the scientific name. That means words like ``casein'' won't disappear from ingredients lists on packaging _ but the word ``milk'' must also appear with it. The same is true if there's ghee, lactalbumin, rennet casein, lactoglobulin or whey, all of which are derived from milk. Albumin, livetin, ovalbumin, ovomucin, ovomucoid and ovovitellin would be labeled as ``egg.''

The bill also wipes out a regulatory loophole that allowed spices, flavors and colors to be named collectively. If any of the three contain an allergen, it must be labeled. Consumers, for instance, will no longer have to wonder whether ``natural flavorings'' or ``natural ingredients'' might set off an allergic reaction. The legislation, called the Food Allergen Labeling and Consumer Protection Act, would be the first law ever enacted specifically to deal with food labeling for allergy sufferers.

The legislation also instructs the Department of Health and Human Services to define what constitutes ``gluten-free'' food and how it might be labeled in the future. That's a nod to the estimated three million or so Americans who sufferer from celiac disease, a digestive disorder that's triggered by gluten, a common protein found in wheat, barley and rye. The disease causes a variety of symptoms including diarrhea, cramps and severe pain, and can lead to vitamin and mineral deficiencies, osteoporosis and other serious illnesses.

The current legislation isn't perfect, critics say. For instance it doesn't regulate the problem of ``cross contact'' of food during manufacturing. (That's when one assembly line produces two different products, one of which contains allergens that could get into the other.) Critics say this is a problem for people who are hypersensitive, since they can unknowingly consume a food that triggers a reaction. ``You get sick if you eat a crumb of bread,'' explains Dr. Alessio Fasano, director of the center for celiac research at the University of Maryland. The bill would require HHS to collect data on allergic reactions possibly caused by cross contact, and submit a report to Congress.

The bill was many years in the making. Similar legislation was first introduced in 2000, but stalled. Food makers argued that the industry's voluntary labeling system, rolled out in September 2001, would be adequate. However last year, the legislation gained bipartisan backing, spurred by consumer. ``Once people understood the issue, we all realized that there was an important role for Congress to play,'' says Rep. Nita Lowey (D., N.Y.), one of the bill's primary sponsors.

Several large food makers, including Kraft Foods Inc. and General Mills Inc., are already complying with voluntary industry labeling guidelines that are similar to the requirements in the bill, according to Stephanie Childs of the Grocery Manufacturers of America, an industry group.

Without plain-English labels, shoppers with allergies find it hard to load their carts confidently. A 2002 Mount Sinai School of Medicine study that tested the knowledge of parents of severely allergic children concluded: ``Most parents are unable to identify common allergenic food ingredients.''

Allison Jacobsen of Morristown, N.J., says food shopping can take several hours, since her 17-year-old daughter has allergic reactions to eggs, fish, shellfish, nuts and dairy products. To guard against life-threatening allergic reactions, all labels must be carefully read for potentially lethal ingredients which are often masked in scientific lingo.

``Every time my daughter eats something, I worry,'' she says. ``There are no second chances with food allergies.''

On Jul 7, 2004

This is great! I'll keep checking their schedule to see when it comes up. I assume the meeting will be online?

On Jul 7, 2004

Good chance that vote would be available on-line, or possibly CSPAN. Depends if it's brought to the floor in the middle of the night or during more normal hours.

Still trying to find out when the Committee Report will be released (that needs to happen before the full House can vote on the bill), but indications are that it looks to happen pretty quickly...

On Jul 14, 2004

bump

On Jul 14, 2004

It's already pretty apparent, but I can confirm that it will [b]not[/b] be voted on this week. [img]http://uumor.pair.com/nutalle2/peanutallergy/frown.gif[/img]

All signs point to a vote next week (hopefully). The window of opportunity will close soon, since after next week, Reps. return to their home districts...no more votes until September, I believe.

All in all, though, my sources indicate that they believe next week the vote will probably take place.

Remember, the vote will be on [b]S. 741[/b] (FALCPA language is identical to what was originally introduced in the House as HR 3684).

On Jul 14, 2004

I hadn't really seen numbers of how much this will cost to implement so if anybody else hadn't seen numbers, here is this info: [url="http://www.cbo.gov/showdoc.cfm?index=5622&sequence=0"]http://www.cbo.gov/showdoc.cfm?index=5622&sequence=0[/url] [i] Title II: Food Allergen Labeling and Consumer Protection Act of 2004. Title II of the act would direct the Secretary to engage in a number of activities to increase scientific and public understanding of issues related to food allergies. CBO estimates that implementing title II would cost $5 million in 2005 and $50 million over the 2005-2009 period, assuming the appropriation of the necessary amounts.

S. 741 would amend the FFDCA to require that any food that contains a major food allergen be labeled in such a way that the presence of the food allergen is easily visible to consumers. Major food allergens are defined as "milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts, and soybeans." Section 203 also would provide for an appeal process whereby an individual or company could petition the Secretary to exempt a food ingredient from that labeling requirement. The Secretary would be required to approve or deny the petition within 180 days of receiving such an appeal. Based on information from the FDA, CBO estimates that spending by the FDA to carry out those responsibilities would amount to $1 million in 2005 and $5 million over the 2005-2009 period, assuming appropriation of the necessary funds.

The act also would direct the Secretary, through the Centers for Disease Control and Prevention (CDC), to engage in the collection of, and publication of data on the prevalence of food allergies, the incidence of serious adverse events related to food allergies, and the treatment and prevention of food allergies. Because true food allergy events are relatively rare (in contrast to food poisoning events), CBO expects that the CDC would engage in multiple strategies to identify and collect useful data, such as:

Analyzing existing data, including questions recently added to the National Health Interview Survey (NHIS) to better assess the prevalence of known food allergies.

Adding laboratory tests to the National Health and Nutrition Examination Survey (NHANES) to identify conditions that may be unknown to the survey participant.

Testing stored blood specimens that were collected in a previous cycle of the NHANES, and stored for future analysis, to estimate the prevalence of food allergy reactivity in the U.S. population.

Improving the ability of the nation's vital statistics system to monitor food allergy-related deaths by using intelligent automated systems to help physicians more accurately record cause of death, and by working with physicians' organizations to improve education on recording cause of death.

Increasing the precision of surveys of health care providers, and improving the quality of information recorded by providers, so that comparatively small numbers of events could be better detected. Based on information from the FDA and CDC, CBO estimates that federal spending to develop and operate the system for collecting data on food allergies would total $3 million in 2005 and $41 million over the 2005-2009 period, subject to appropriation of the necessary amounts.

S. 741 would require the Secretary to submit a report to the Congress within 18 months of enactment. That report should analyze the extent to which foods are unintentionally contaminated with major food allergens during the manufacturing process, recommend manufacturing practices that would reduce the incidence of such contamination, and describe the types of advisory labeling currently being used by food producers, the extent to which such labeling is being used, and the preferences of those likely to be affected by food allergies regarding labeling information. Assuming the availability of appropriated funds, CBO estimates that the FDA would spend less than $500,000 in 2005 and a total of $1 million over the 2005-2009 period to produce that report.

S. 741 would require the Secretary to conduct inspections of food manufacturing, processing, and packing facilities to ensure that such entities are engaging in efforts to reduce the possibility of food allergen contamination and to ensure that food allergens are being appropriately labeled. Based on information provided by the FDA, CBO expects those tasks would be accomplished without increasing the number of inspections of food facilities and without having a significant effect on the cost of those inspections.

The act also would require the Secretary to develop guidelines for preparing allergen-free foods in food establishments (such as restaurants, bakeries, delicatessens, and cafeterias), and to issue regulations to define and permit the use of the term "gluten-free" on the labeling of foods. Based on information from the FDA about the cost of similar activities, CBO estimates that spending by the FDA to carry out those responsibilities would total $1 million in 2005 and $3 million over the 2005-2009 period. [/i]

------------------ Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

On Jul 14, 2004

It has been reported by another advocate that according to an aide at Rep. Lowey's office, the House vote on FALCPA has been pushed back to September.

This is due to the heavy workload that the House has the next week with appropriation bills. As I mentioned previously, after next week, the House is in recess until September.

The feeling is still that the bill should pass without a problem once it gets scheduled for a vote.

We'll double-check this and report back (if for some reason this info is erroneous). However, I don't have any reason to believe it's inaccurate.

So, we'll have to put the celebration on hold for awhile. Further, we'll need to make some extra phone calls to legislative staff as we get closer to having the House re-convene to bring it back on the front burner and ask [b]again[/b] for their support when the bill comes to a vote.

On Jul 15, 2004

Oh Man!! What a huge disapointment! I knew something was up [img]http://uumor.pair.com/nutalle2/peanutallergy/mad.gif[/img] I'm sure you're information is correct I will cross my fingers that it is not!

On Jul 15, 2004

This press release also indicates it will be voted on this fall [img]http://uumor.pair.com/nutalle2/peanutallergy/frown.gif[/img] [url="http://biz.yahoo.com/prnews/040715/nyfnsp01_1.html"]http://biz.yahoo.com/prnews/040715/nyfnsp01_1.html[/url]

Press Release Source: The Food Allergy & Anaphylaxis Network

[i][b]20-Year Struggle Will End With Passage of Food Allergy Bill; Munoz-Furlong's Sick Child Provided Motivation[/b] Thursday July 15, 5:06 am ET

FAIRFAX, Va., July 15 /PRNewswire/ -- A 20-year struggle will end with the passage of the Food Allergen Labeling and Consumer Protection Act. When her second child was born, Anne Munoz-Furlong spent endless hours worrying about why her daughter broke out in rashes and cried endlessly after eating. She discovered that her daughter had food allergies and a 20-year crusade for proper education and legislation began. Munoz-Furlong learned, like millions of Americans with food allergies, that understanding the scientific jargon of food labels can be a matter of life or death. Munoz-Furlong, Founder and CEO of The Food Allergy & Anaphylaxis Network (FAAN) [url="http://www.foodallergy.org,"]http://www.foodallergy.org,[/url] has long been a leading advocate for the Food Allergen Labeling and Consumer Protection Act that was passed by The Senate [b]and expected passage by the House of Representatives in the fall of 2004[/b]. As FAAN's CEO, she has spent the last 13 years working to bring together the medical community, the food industry and members of Congress to understand the importance of clear and consistent labels for the 11 million Americans with food allergies.

"I am ecstatic that those with food allergies can now be confident that what's on the label is what's in the package. Labels will now be written for consumers, not scientists," said Munoz-Furlong. "This bill is the first step to simplify ingredient statements and to make them reliable, consistent, and easy to read and understand, for family members who spend hours at the grocery store reading hundreds of labels in order to keep family members safe."

The bill (FALCPA, HR3684) will ensure that ingredient labels provide clear information about contents containing major food allergens: milk, eggs, fish, shellfish, tree nuts, wheat, peanuts and soybeans. FALCPA will also require food labels to indicate the presence of major food allergens in spices, flavorings, additives and colorings.

Munoz-Furlong helped craft the Voluntary Food Allergen Labeling Guidelines published in 2001 by the Food Allergy Issues Alliance. These Guidelines became the model for FALCPA which will now require food manufacturers to provide common language on labels. In 1999, she met with Representative Nita Lowey who since then has worked to make FALCPA a reality.

The lack of practical, scientifically-accurate information about food allergies made Munoz-Furlong determined to create a clearinghouse for such information.

In the years since its founding, FAAN has become the national and international leader in raising public awareness of food allergies and anaphylaxis, in providing accurate information about food allergy, and advocating for those families affected by the condition. FAAN has grown to more than 26,000 members.

She has spoken nationally and internationally on the work of FAAN and the patient's perspective to the food industry, schools, health professionals, and government organizations. To help others in other countries start up patient advocacy groups, she founded the Food Allergy & Anaphylaxis Alliance, an international group with member organizations in eight countries.[/i]

-------------------------------------------------------------------------------- Source: The Food Allergy & Anaphylaxis Network

------------------ Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

On Jul 18, 2004

Ever hear the phrase about "snatching victory from the jaws of defeat?"

Guess what??????? We won't have to wait until September after all...

[b]The [i]final vote[/i] on the Food Allergen Labeling and Consumer Protection Act (FALCPA / S. 741) will take place on Wednesday, July 21, 2004!!!! [/b]

The House of Representatives will go into session at 10AM (EDT), on Wednesday, so best predictions are that we'll get the vote that day.

I couldn't believe it after all the press indicated that vote would be delayed until September, but there it is on the House Majority Whip's website (look for S. 741)

[url="http://majoritywhip.house.gov/whipnotice.asp"]http://majoritywhip.house.gov/whipnotice.asp[/url]

We will make history very soon!

On Jul 19, 2004

[img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]

On Jul 19, 2004

IF you want to watch/listen to the proceedings, then I believe you can do so at the CSPAN website.

I think the link you would use is [url="http://www.cspan.org/watch/index.asp?Cat=TV&Code=CS&ShowVidDays=30&ShowVidDesc=&ArchiveDays=30"]http://www.cspan.org/watch/index.asp?Cat=TV&Code=CS&ShowVidDays=30&ShowVidDesc=& ArchiveDays=30[/url] .

Look to the right where it says "Watch/Listen Live", and select the proper format for your computer (either Realplayer or Windows Media Player).

Also, it could possibly be on your CSPAN cable channel, but not sure about that....

The vote itself may feel a little anti-climatic, in that it will probably just be a voice vote, with very little discussion, but it's nice to see Democracy in action anyway!

[This message has been edited by Nutternomore (edited July 19, 2004).]

On Jul 19, 2004

It feels like Christmas!! What a nice surprise! Just a note, I have been listening to CSpan at work (shhh, don't tell anyone) and the website works well, however, if one player gives you a hard time, switch to the other. Real Player was at a constant 10 sec freeze and not in real time.

Thanks for the heads up, Wednesday it is!

On Jul 19, 2004

The time is now!!!

Everyone hold on!!!

Love this site Synthia

On Jul 19, 2004

I am so thrilled about this - finally some positive news, but can someone tell me if this will help with x-contamination issues? Labeling is important, but I also worry about trace amounts from other peanut foods being run on the same equipment. Thanks.

On Jul 19, 2004

MICHELE03142002,

X-contamination issues won't be solved immediately, but will over time. FDA must report back to Congress within 18 months of this bill being passed on the results of studying the issue and what to do about it (the whole precautionary labeling situation)...

On Jul 19, 2004

Hope you're all strapped into your seats!!!

Now, it's being reported that S. 741 will be considered tomorrow (TUESDAY), rather than WEDNESDAY. Legislative session begins at 10AM EST!!!

It could change, depending on how fast other bills are considered, but it's a good bet that they will get to it tomorrow!!!

On Jul 19, 2004

I just saw that Nuttermore, I just got an email, but can you tell why it is listed under "suspension"? PLEASE tell me that Suspension is a gibberish political word that means something other than the obvious [img]http://uumor.pair.com/nutalle2/peanutallergy/confused.gif[/img] There is too much ups and downs in the past 24 hours! :-)

On Jul 20, 2004

"Suspension", I believe, has to do with bills brought forward for a vote based upon "suspension of the normal House rules".

This is a mechanism that allows for more efficient voting on non-controversial items and for other purposes.

Haven't had time to study it in depth, but it's not something to worry about, IMO...

On Jul 20, 2004

at 7:21PM tonight...The bill has passed!!! On to the president for signature!!!

On Jul 20, 2004

I saw it on c-span OMG!!!! I and dh were in [b]tears[/b]

Love this site Synthia [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] No Child Lost To Food Allergies

On Jul 21, 2004

For those that didn't see it on C - SPAN, I've pulled Rep. Nita Lowey's (the original House bill sponsor) remarks on the House floor from last night, just before the vote.

[url="http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=h6099&dbname=2004_record"]http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=h6099&dbname=2004_record[/url] -------------- Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume. I rise in support of S. 741, the Minor Use and Minor Species Animal Health Act of 2004. The bill, known as MUMS, will make an important contribution to animal health. This legislation is very similar to H.R. 2079 sponsored by the gentleman from Louisiana (Mr. JOHN) and the gentleman from Mississippi (Mr. PICKERING); and although we are taking up the Senate bill, they, along with my colleague, the gentleman from Ohio (Mr. BROWN), deserve credit for leadership on this issue. The bill is supported by the MUMS Coalition and the Keep Antibiotics Working Coalition. The MUMS coalition includes the American Farm Bureau Federation, the American Veterinary Medical Association, the Animal Health Institute, the National Fisheries Institute, and many other organizations. The Keep Antibiotics Working Coalition includes the Union of Concerned Scientists, Environmental Defense, and the Center For Science in the Public Interest. In sum, the proverbial delicate balance has been found.

Mr. Speaker, I am also greatly pleased that MUMS includes the Food Allergen Labeling and Consumer Protection Act, Title II of S. 741. I authored the food allergy bill 4 years ago; and since the bill

On Jul 21, 2004

That is SUCH wonderful news! (wiping happy tears from my eyes)

I've been following this and wishing I could find time to become involved, but never did.

THANK YOU SOOOOOOOO MUCH to those of you who contributed to this bill's passing!!!

------------------ Meg, mom to: Matt 2 yrs. PA,MA,EA Sean 2 yrs. NKA

On Jul 21, 2004

Thanks Nuttermore. DH had to work and couldn't wait around until our bill was called, he'll be glad to read it!

On Jul 26, 2004

Did it happen? A friend told me that the President signed two days ago. Has anyone else heard that?

Melinda

On Jul 26, 2004

Hmmm...I've not heard that it's been signed yet.

Last official action I'm aware of is that the bill was presented to the White House on 7/23, so it could be true, but then again, I thought that Bush left for Texas.

Two ways this bill can become law...Bush can sign it, or just let the 10 day period lapse, and the bill becomes law without his signature...

On Aug 1, 2004

Any News??? Love this site Synthia

On Aug 1, 2004

Quote:

Originally posted by Nutternomore: [b] or just let the 10 day period lapse, and the bill becomes law without his signature...[/b]

this is where I'm putting *my* money. [img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img]

On Aug 3, 2004

The President signed last night!!!

[url="http://biz.yahoo.com/prnews/040803/nytu162_1.html"]http://biz.yahoo.com/prnews/040803/nytu162_1.html[/url]

Again, raising my toast glass to you all.....hiccup....hiccup!

On Aug 3, 2004

OMGoodness!!!!!

Thank you for posting

Love this site Synthia

On Aug 3, 2004

LOLOLOL. why I don't bet (see previous post I have in this thread)........

either way.............*HAPPY*.

On Aug 3, 2004

Now that FALCPA has become law, here's an update re:the issue of cross-contamination and what FALCPA does in this area (this is a FAQ)!

[i]FALCPA directs the Secretary to submit to Congress, no later than 18 months after the date of enactment, a report on the problem of unintentional presence of major food allergens in foods and advisory labeling. Specifically, such report would have to: a) Analyze the practices through which foods can be unintentionally contaminated with major food allergens (e.g., by use of the same production line for allergen-containing and non-allergen-containing foods); b) Analyze the practices through which foods produced on dedicated production lines may nonetheless become unintentionally contaminated with major food allergens; c) Estimate how common the practices described in (a) and (b) are in the food industry, with breakdowns by food type as appropriate; d) Advise whether good manufacturing practices or other methods can reduce or eliminate such cross-contact; e) Describe the various types of advisory labeling (e.g.,

On Aug 19, 2004

I want to pass on an observation related to this post

[url="http://uumor.pair.com/nutalle2/peanutallergy/Forum11/HTML/001891.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum11/HTML/001891.html[/url]

Don't know exactly how the cross contamination issue will play out over the next 2-3 yrs, but my take is that we'll see that there will be much less latitude for manufacturers to use "precautionary" (may contains) labeling; you won't see the kind of CYA approaches that was being misused by some. Also, I'm guessing that the Good Manufacturing Practices that relate to minimizing cross-contamination will be more stringent/standardized as a consequence. THESE ARE GOOD THINGS...

I think that we need to appreciate that as the cross-contamination issue is further studied and resolved, that food manufacturers will be making choices across a wide continuum. Some products will get reformulated and no longer be safe, others will become safer (either because they may improve cleaning routines [to minimize cross contamination in accordance with new GMP's] or move to dedicated lines.

If I were a food manufacturer, though, I'd want to factor in other data into my decision (e.g. results of marketing research re:consumer preferences, sales trend data, market growth potential, legal risks, among other things). So, I think these decisions for manufacturers are complex, and although our needs are important, we don't typically represent a substantial amount of market share to many.

Yes, it's vitally important to voice concerns directly to companies like Kellogg's (because if we don't speak up, who will???), but my take is that the decisions are perhaps more complex than meets the eye....

[i]I'm afraid that in the short term, we'll see more of this behavior by some companies, some of which might be driven by an overriding focus on the financial/legal risk aspects of the manufacturing decisions IMHO.[/i]

On Dec 2, 2004

Does anyone know if the new LAW FACLPA would apply to RX or over the counter medicine?

In re to--- the Tylenol thread

------------------ Love this site Synthia

[This message has been edited by synthia (edited December 02, 2004).]

On Dec 2, 2004

NO - it doesn't. FALCPA is limited to food labeling.

We at FoodAllergyAction.org hope to find congressional sponsorship for FALCPA-type legislation to cover drugs during the 109th Congress, which convenes beginning in January...

[This message has been edited by Nutternomore (edited December 02, 2004).]

On Dec 2, 2004

Hmmm, Do I smell a cause ?

-=Kim=- [img]http://www.TimeshareWeb.net/public/usa_gs_e0.gif[/img]

On Dec 2, 2004

You do! Rest assured that if we (or someone else) are able to get the ball rolling, we'll be looking for another push from the food allergic community to stand up and voice concerns directly to members of Congress to do something about this.

I hope many of you will be joining us on this journey....stay tuned....

On Jan 24, 2005

Nutternomore,Any update on this?

------------------ Love this site Synthia

On Jan 31, 2005

We're still in a data gathering phase. Preliminary indications are that cosmetics labeling may be easier to tackle than medications, but evaluation continues...

Also, we need to see how the 109th Congress works. Given the huge issues re:Social Security, etc., it will be interesting to see whether we can get anyone's attention.

On Feb 2, 2005

I came across this article (apparently targeting healthcare practitioners): [url="http://www.fda.gov/cder/drug/MedErrors/allergic.pdf"]http://www.fda.gov/cder/drug/MedErrors/allergic.pdf[/url]

I found it particularly disturbing that one medication was labled free of dairy yet it still contained sodium caseinate!!!

The title of one of the authors is "Director of the Division of Medication Errors and Technical Support" I wonder if they have any public records that might be of value to those with food allergies.

------------------ Jana

[url="http://www.seattlefoodallergy.org"]www.seattlefoodallergy.org[/url]

On Feb 4, 2005

Jana,

Interesting article. Thanks for sharing! Maybe a good contact will come out of this [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

On Feb 9, 2005

Nutternomore, Found this!

[url="http://199.75.209.28/cosmetics/index.php?ingred_id=18"]http://199.75.209.28/cosmetics/index.php?ingred_id=18[/url]

------------------ Love this site Synthia

On Feb 9, 2005

Can someone help me understand this? What is the concern with the Methylparaban? Which allergy does it affect?

Thank you for any clarification.

On Feb 9, 2005

Synthia,

Thanks for the find.

pbnomore - I believe Synthia may be pointing this out because methylparaben may show cross-sensitivity in people allergic to local anesthetics that are metabolized to para-aminobenzoic acid.

In order to give the best possible evidence, though, of the need for improved labeling of cosmetics is to show situations where Top 8 allergens exist in cosmetics, and due to poor labeling, people have suffered reactions. We have found some documented evidence, for example, of where milk was an ingredient in some diaper rash creams, and parents unknowingly used them on their children, only to unleash signficant reactions in their milk-allergic children...

On Jul 5, 2005

[url="http://leda.law.harvard.edu/leda/data/730/Derr05_FINAL.html#fn53"]http://leda.law.harvard.edu/leda/data/730/Derr05_FINAL.html#fn53[/url]

192 pages

scanning this I saw a few members in here momma2boys,and... 192 pages reading time!!!!!!!!

------------------ Love this site Synthia

On Jul 5, 2005

Cool!

Will have to read this as well, as I see my name in there...

BTW...another good lesson that what we write here is in the public domain.

You never know when your posts will be quoted or when someone will shine a spotlight on one of them ;-)

[This message has been edited by Nutternomore (edited July 06, 2005).]

On Jul 5, 2005

WOW, now that's a research paper!!

Have a blessed day, Bridget

On Jul 7, 2005

Cool, I'm published!! Thanks Synthia

On Jul 19, 2005

Your welcome momma2boys!

note I am not sure if this will help Greenlady.

page 9 edited to add People unknowingly struggling with a food sensitivity may breathe a sigh of relief when a physician diagnoses the source of their ill health. Although there is no cure for a food sensitivity, the physician explains, the disorder can be effectively treated

On Jul 19, 2005

Thanks, synthia! Definitely a good reference to add to my written comments.

On Jul 19, 2005

Your welcome GreenLady,and thank you for your work!!

------------------ Love this site Synthia

On Sep 14, 2005

linking [url="http://uumor.pair.com/nutalle2/peanutallergy/Forum8/HTML/001239.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum8/HTML/001239.html[/url]

------------------ Love this site Synthia

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