R 336 |
2019 -- S 0761 Enacted 06/04/2019 |
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 |
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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