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.
========
LC002332
========