2019 -- S 0761

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LC002332

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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S E N A T E   R E S O L U T I O N

RESPECTFULLY URGING CONGRESS TO REQUEST THAT THE FDA INVESTIGATES

AMENDING THE QUALIFIED EXEMPTION LANGUAGE IN 21 CFR § 112.5(A)(2) TO

EXCLUDE ANIMAL FEED PRODUCTS FROM THE DEFINITION OF "ALL FOOD"

     Introduced By: Senators DiPalma, Sosnowski, Conley, Coyne, and Euer

     Date Introduced: April 04, 2019

     Referred To: Senate Environment & Agriculture

     WHEREAS, The Rhode Island Department of Health (DOH) and the Department of

Environmental Management (DEM) recently held meetings with Rhode Island's agricultural

community as part of the implementation of the Standards for the Growing, Harvesting, Packing,

and Holding of Produce for Human Consumption; and

     WHEREAS, During these sessions, significant concern was raised regarding the

formulation of the farm average annual monetary value regarding particular inclusions in "all

food" as defined in Section 201(F) of the Federal Food, Drug, and Cosmetic Act; and

     WHEREAS, Food for animal consumption is regulated under the Current Good

Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for

Animals; and

     WHEREAS, During the meetings, it was proposed that food for animal consumption

should not count against a farm's annual monetary value as it pertains to the qualified exemption

in 21 CFR § 112.5, as it does not impact the raw agricultural commodities grown for human

consumption; and

     WHEREAS, In May of 2018, at the request of the Rhode Island Senate Committee on

Environment and Agriculture, the RI DEM Director, Janet Coit and RI DOH Director, Nicole

Alexander-Scott wrote to the FDA Commissioner, Scott Gotlieb on behalf of the RI farm

community requesting consideration for this minor language change to the Produce Safety Rule;

and

     WHEREAS, To date, neither Director has received any reply from the Commissioner or

any other person at the FDA; and

     WHEREAS, A query as to the need for an investigation on whether the FDA Produce

Safety Rule found in 21 CFR §112.5 is ultra vires is also pertinent; now, therefore be it

     RESOLVED, That this Senate of the State of Rhode Island and Providence Plantations

hereby respectfully urges Congress to request the FDA to explore the feasibility of amending the

qualified exemption language in 21 CFR §112.5(a)(2) to exclude animal feed products such as

hay, straw, and silage corn from the definition of "all food" and to fully exempt that produce not

covered pursuant to the Produce Safety Rule in section 112.2(a); and be it further

     RESOLVED, That the Secretary of State be and hereby is authorized and directed to

transmit duly certified copies of this resolution to the Rhode Island Congressional Delegation, the

Governor of the State of Rhode Island, the Director of the DEM, and the Director of DOH.

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