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M C À Asks N e w Food Laws Mandatory testing of new additives approved, proposed licensing b y FDA hit in policy statement
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iTH loud rumblings from Capitol Hill in the background, the chemical industry unveiled its position ora chemicals in foods legislation last week. President William C. Foster of the Manufacturing Chemists' Association outlined a five-point plan to revise present food a n d dxug laws. T h e program calls for mandatory pretesting of new food additives before they are placed o n t h e market. Manufacturers would b e required t o submit extensive test data on the safety of the new product to the Food and Drug Administration. FDA w o u l d decide whether further tests are necessary or whether the additive is unsafe for food use. MCA opposes the setting u p of F D A as a licensing agency for new food ingredients, however. No administrative body, Foster says, should be called on to make a final decision on each new additive before it is p u t t o use. Proposals which call for prior approval of new ingredients before use are i n effect licensing arrangements, he maintains. Ultimately, they depend o n t h e judgment of a single official who would assume responsibility f o r t h e safety of every new food product. Such a policy could lead t o "extreme conservatism," the MCA spokesman asserts. This, in turn, would mean a curtailment of food research. M a n u facturers would hesitate to risk investment in research when t h e licensing system makes the payoff so uncertain. Under t h e licensing plan, t h e fate of a multimillion dollar development program could d e p e n d on a single person. MCA Proposals. Present food a n d drug laws can be strengthened b y making Rve specific changes, according t o MCA. They are: 1. No new food ingredient can b e used unless F D A gets full safety data well in advance of use. 2. F D A should be given sufficient time to evaluate this data. 3. No ingredient can be used which is unsafe or which has been inadequately tested for safety. 4. Informal conferences should h e held to resolve differences between FDA and suppliers or users. 5. FDA may take court action if these differences cannot b e resolved. In suggesting these amendments, Foster made it clear that he opposes any changes in t h e traditional concept of F D A . Originally, F D A was set up to police the food and drug industries
to protect t h e public from harmful or unsafe products. In d e t e r m i n i n g rules of safety for n e w products, scientific methods should b e followed. It should be recognized t h a t safety considerations depend upon m e t h o d s a n d quantities used. The basic concepts of the science of toxicology should h a v e adequate recognition in the law, Foster continues. Another point stressed in t h e MCA statement is that any proposed legislation should apply to new food ingredients. F o o d additives that have been in use for long periods and which have been p r o v e d safe should not be subject to these regulations. These materials generally are subject to FDA control under existing law. C o n g r e s s May Act Soon. Several bills o n chemicals in food probably will b e ready for study by Congress soon. Rep. James Delaney (D.-N.Y.) h a s a bill ready for the Congressional h o p p e r . O t h e r bills are expected to reflect different points of view, includi n g t h e MCA position. Rep. A. L. Miller (R.-Neb.), author of the new Miller pesticide law, also supports a program similar to that proposed by MCA. Mandatory pretesti n g of new food ingredients, court action t o prevent unsafe* practices, and rejection of licensing provisions a r e all approved b y t h e Nebraska legislator. Principles used in formulating the Miller law may come into play in any n e w chemicals in food legislation. The original Miller proposals for the establishment of pesticide tolerances were introdviced in 1953. These proposals were opposed by industry people and b y health officials. Conferences were called to resolve these differences and t h e final Miller bill, as introduced in Congress last year, was supported widely. Manufacturers should bear full responsibility for their actions under the law, the MCA statement continues. This does not mean that they should be their own judges in matters of safety and adequate testing. Another point about which there is general a g r e e m e n t is t h a t safety considerations should b e based on modern toxicological m e t h o d s . Interested parties also seem to b e in agreement that any new law should give F D A adequate power to prevent the sale of unsafe food ingredients. How this is to be done is t h e heart of present differences of opinion.
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