Food Allergen Labeling and Consumer Protection - Help

If you haven't written your congressman before, it can seem like a daunting process.  It is not as hard as it seems.  There are a couple of tricks this time around because of the manner in which the FALCPA has been introduced, but this page will help you get through it.  If you have questions, drop me a line at <allergies@shamrockbay.com>.

As of the writing of this page, there is a bill on the floor of the U.S. Senate, S.741, to mandate accurate labeling of food allergens in packaged foods.

In order for a bill to be passed, it must be introduced in both the U.S. Senate and the U.S. House of Representatives.  There is no companion bill in the House -- yet.  It is expected soon, and it will be posted on the FALCPA home page, http://www.ShamrockBay.com/FA/FoodAllergenProtection.shtml as soon as it is introduced.  Until then, it is most important that you contact your Senators - both of them - and urge them to support this bill.  There are two Senators in each state, and as far as I know, they share equal representation responsibility for the entire state - that is, you don't have one Senator for the western half and one for the eastern - they both represent you equally.  So you should write to both of them.

(You also have one representative for your district.  There is no legislation yet for the House, but there will be soon.  Once it arrives, you will want to write to your representative as well.  You can try writing to al the representatives in your state, but some make a pretty strong point of ignoring anyone but their immediate constituents - the people in their district.)

How do I find my Representative and Senators?

There are two web sites, one for the House of Representatives, and one for the Senate.  The Senate page is broken down by state, and the House page is further broken down by district (usually by listing towns or counties).  Go to http://www.senate.gov to find your two Senators, and http:://www.house.gov to find your single Representative.

How do I contact them?

I recommend sending a paper letter.  You can find many varying opinions on this, but my personal experience is that representatives are very conscientious about replying to paper letters.  This means reading and understanding the content, so that they can make a meaningful reply (representatives dare not send form letter responses lest they alienate their constituents).  You can call them, but then you need to be really aware of who you have managed to contact (you will rarely if ever talk to your rep - usually it will be an aid) and how to get the message across that you are trying to send.  Thinking on your feet is a lot tougher (in my humble opinion) than composing something carefully and thoughtfully on paper.  FAX is similar to paper, and probably just as good, but make sure you include all your contact information (name, home address and phone number).

I have personally had emails just plain ignored, so despite what some people say, I think it depends on how in tune with the internet age your rep is - which will be hard to judge.  But there is one thing that is certain: they all know how to use pen and paper!

What do I write to them about?

This is where it gets a little tricky.  The food industry believes that the FALCPA will be very expensive for them, and they have fought successfully over the last four years to prevent it from being passed.  Numerous means have been attempted to overcome their resistance.  The strategy that Senator Judd Gregg has employed this time around is, rather than introducing the bill standalone, he has attached it to another existing bill, one the Republican majority is more inclined to approve.  The bill that the FALCPA has been attached to is known as the MUMS Act - the Minor Use Minor Species Animal Health Act of 2003, introduced as Senate bill S.741.  This bill seeks to make it easier to develop drugs for so-called minor species, and would have a positive impact for agricultural states.  Consequently, the major supporters are Senators from big agricultural states.

This is as close to a win-win as we will get.  The food industry will get a benefit they have apparently been after for a while, in exchange for better food allergen labeling.  As far as I can tell, the bill favors the protection of animals and thier health, so any downside, compared to what it would mean to those with food allergies is, I believe, minimal.

However, I feel its important when you write to your representatives in the House and Senate that you make it clear that the primary interest you have is the FALCPA provisions attached to the MUMS bill as Title II of the MUMS act.  Only with that context will it be clear why you are writing to support the bill, and why it is important.

What do I say?

Some people find it more comforting to use a form letter.  The harsh reality is, our representatives don't like form letters any more than we do!  They are in Washington, working hard for their constituents, and they are genuinely moved when their constituents take a moment to write them heartfelt and sincere letters to tell them what a good job they are doing, and how they can better serve your interests.

If you are reading this, you likely have a child with food allergies.  And, sadly, you probably have some stories to tell that would pull the heart strings of... well of anyone with a HEART.  This is what you need to tell your Senators and Representatives.  YOUR story.  Very personal.  Very real.  Here is a short check list to help make sure you have touched all the important bases:

Now what?

Aye, there's the rub.  There isn't much you can do, once you have contacted your rep, other than to sit, wait, hope, and if your beliefs lead you that way, pray.

Well, okay that's not REALLY true.  You can do things like ask 1000 of your closest friends to do the same.  You can ask your local (town and county) officials to consider writing to their reps.  You can write to other reps, if you like.  Last year, I wrote to every member of the committee that the bill was stuck (and subsequently died) in.  These are more for making you feel good at having done something.  There's a chance such measures may help, but I can't promise anything.

If you are a member of an advocacy group (FAAN, AAFA, etc.) make certain they know your position, and make sure that they take an advocacy position on the legislation, too.  Advocacy groups are really good at getting the word out to wide memberships.

You can also write to me if you hear back from your representative. When a representative makes thier position known, it can be placed on the tracking page to how well the effort is proceeding.

Other tips and resources

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