[Congressional Record Volume 162, Number 41 (Tuesday, March 15, 2016)]
[Senate]
[Pages S1482-S1494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2015
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of the House message to accompany S. 764, which
the clerk will report.
The senior assistant legislative clerk read as follows:
House message to accompany S. 764, a bill to reauthorize
and amend the National Sea Grant College Program Act, and for
other purposes.
Pending:
McConnell motion to concur in the House amendment to the
bill with McConnell (for Roberts) amendment No. 3450 (to the
House amendment to the bill), in the nature of a substitute.
McConnell motion to refer the bill to the Committee on
Commerce, Science, and Transportation.
Mr. ROBERTS. Mr. President, I suspect a quorum call has been
initiated. If so, I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. The Senate is not in a quorum call.
The Senator from Kansas.
Mr. ROBERTS. Mr. President, today is National Agriculture Day, and I
wish to thank the farmers and ranchers of America. The Senate is
considering legislation on an issue that is critically important to our
Nation's food supply. It affects everyone from our producers in the
fields to our consumers in the aisles of grocery stores. Without Senate
action, this country will be hit with a wrecking ball--an apt
description--that will disrupt the entire food chain. We need to act
now to pass my amendment to S. 764. This is a compromised approach that
provides a permanent solution to the patchwork of biotechnology
labeling laws that will soon be wreaking havoc on the flow of
interstate commerce, agriculture, and food products in our Nation's
marketplace, and that is exactly what this is about. Let me repeat
that. This is about the marketplace. It is not about safety. It is not
about health or nutrition. It is about marketing. Science has proven
again and again and again that the use of agriculture biotechnology is
100 percent safe.
In fact, last year the Agriculture Committee heard from three Federal
agencies tasked with regulating agriculture biotechnology: the
Department of Agriculture's Animal and Plant Health Inspection Service,
the Environmental Protection Agency--yes, the EPA--and the Food and
Drug Administration, the FDA. Their work is based on sound science and
is the gold standard for policymaking, including this policy we are
debating today--one of the most important food and agriculture
decisions in recent decades.
At our hearing, the Federal Government expert witnesses highlighted
the steps their agencies have already taken to ensure that agriculture
biotechnology is safe--safe to other plants, safe to the environment,
and safe to our food supply. It was clear our regulatory system ensures
biotechnology crops are among the most tested in the history of
agriculture in any country. At the conclusion of the hearing, virtually
all Senate Agriculture Committee members were in agreement. What
happened? When did sound science go out the window? Since that hearing,
the U.S. Government reinforced their decisions on the safety of these
products.
In November, the FDA took several steps based on sound science
regarding food produced from biotech plants, including issuing final
guidance for manufacturers that wish to voluntarily label their
products as containing ingredients from biotech or exclusively
nonbiotech plants.
More important, the Food and Drug Administration denied a petition
that would have required the mandatory labeling of biotech foods. The
FDA stated that the petitioner failed to provide the evidence needed
for the agency to put such a requirement in place because there is no
health safety or nutritional difference between biotech crops and their
nonbiotech varieties, regardless of some of the rhetoric we have heard
on the floor of the Senate.
Thus, it is clear that what we are facing today is not a safety or
health issue, despite claims by my colleagues on the Senate floor; it
is a market issue. This is about a conversation about a few States
dictating to every other State the way food moves from farmers to
consumers in the value chain. We have a responsibility to ensure that
the national market can work for everyone, including farmers,
manufacturers, retailers, and, yes, consumers.
This patchwork approach of mandates adds costs to national food
prices. In fact, requiring changes in the production or labeling of
most of the Nation's food supply for a single State would impact
citizens in our home States. A recent study estimates that the cost to
consumers could total as much as--get this--$82 billion annually, which
comes to approximately $1,050 per hard-working American family. This
Vermont law, which is supposed to go into effect in July, will cost
each hard-working family $1,050. Let me repeat that. If we fail to act,
the cost to consumers could total as much as $82 billion annually and
will cost each hard-working American family just over $1,000. Now is
not the time for Congress to make food more expensive for anybody--not
the consumer or the farmer.
Today's farmers are being asked to produce more safe and affordable
food to meet the growing demands at home and around a troubled and very
hungry world. At the same time, they are facing increased challenges to
production, including limited land and water resources, uncertain
weather patterns, and pest and disease issues. Agriculture
biotechnology has become a valuable tool in ensuring the success of the
American farmer and meeting the challenge of increasing their yields in
a more efficient, safe, and responsible manner. Any threat to the
technology hurts the entire value chain--from the farmer to the
consumer and all those who are involved.
I also hear--and I do understand the concern from some of my
colleagues about consumers and available information about our food.
Some consumers want to know more about ingredients. This is a good
thing. Consumers should take an interest in their food, where it comes
from, and the farmers and ranchers who also produce their food. I can
assure you the most effective tool consumers have to influence our food
system or to know more about food is by voting with their pocketbooks
in the grocery stores and supermarkets. This legislation puts forward
policies that will help all consumers not only find information but
also demand consistent information from food manufacturers. However, it
is important, as with any Federal legislation on this topic, for
Congress to consider scientific fact and unintended consequences.
The committee-passed bill created a voluntary national standard for
biotechnology labeling claims of food. I have heard concerns that a
voluntary-only standard would not provide consumers with enough
information, even though there is no health, safety, or nutritional
concern with this biotechnology. So we worked out a compromise to
address these concerns by providing an incentive for the marketplace to
provide more information.
This legislation will allow the markets to work. However, if they do
not live up to their commitments and information is not made available
to consumers, then this legislation holds the market accountable. Under
this proposal, a mandatory labeling program would go into effect only
if a voluntary program does not provide significant information after
several years. The marketplace would then have adequate time to adjust
and utilize a variety of options--a menu of options--to disclose
information about ingredients, along
[[Page S1483]]
with a wealth of other information about the food on the shelves.
Simply put, the legislation before us provides an immediate
comprehensive solution to the unworkable State-by-State patchwork of
labeling laws. Preemption doesn't extend to State consumer protection
laws or anything beyond the wrecking ball that we see related to
biotechnology labeling mandates, and we do ensure that the solution to
the State patchwork, the one thing we all agree upon, is effective. It
sets national uniformity that allows for the free flow of interstate
commerce, a power granted to Congress in the U.S. Constitution. This
labeling uniformity is based on science and allows the value chain from
farmer to processor, to shipper, to retailer, to consumer to continue
as the free market intended. This ensures uniformity in claims made by
manufacturers and will enhance clarity for our consumers.
Increasingly, many Americans have taken an interest in where their
food comes from and how it is made. Let's keep in mind this is a good
thing. We want consumers informed about food and farming practices, but
at the same time we must also not demonize food with unnecessary
labels.
This debate is about more than catchy slogans and made-up names for
bills. It is about the role of the Federal Government to ensure the
free flow of commerce, to make decisions based upon sound science, all
the while providing opportunity for the market to meet the demands of
consumers.
This is not the first time this body has addressed this issue. In
2012 and 2013, Members of the Senate soundly rejected the idea of
mandatory labeling for biotechnology. That is right. Both times more
than 70 Members voted to reject mandatory labeling. This body then
stood up for sound science and common sense, and I trust my colleagues
will continue to stand up and defend sound science again.
Time is of the essence for not only agriculture in the food value
chain but also consumers who work together, face the wrecking ball of
this patchwork of State-by-State mandates. This legislation has the
support of more than 650 organizations. We never had 650 organizations
contact the Agriculture Committee about any other bill, any other piece
of legislation--more than 650. My staff now tells me that number is
over 700, large and small, representing the entire food chain, and that
number continues to grow every day. That is quite a coalition. They are
here in Washington trying to say: Look, this is not going to work with
regard to State-by-State regulation.
As I have said, never before in the Agriculture Committee have we
seen such a coalition of constituents all united behind such effort.
Their message is clear: It is time for us to act. It is time for us to
provide certainty in the marketplace.
I appreciate the bipartisan support of those on the committee who
joined me to vote out our committee bill. The vote was 14 to 6. We made
significant changes to address the concerns of others. Now we must
carry this across the finish line. I urge my colleagues to support this
compromising approach and protect the safest, most abundant, and
affordable food supply in the world.
I yield the floor.
Upon close inspection, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mrs. BOXER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. BOXER. Mr. President, I rise to speak about a very important
issue for the American people--what they feed their families. Here is a
photo of a dad--a pretty typical photo of a dad taking his two kids
shopping. You can see he has one toddler there and he has one infant in
the cart. How well I remember doing this with my own kids and then
watching my kids with their kids. It is kind of a tradition.
So we have a couple of questions we have to ask ourselves when we
look at a photo like this. If this dad wants to know what ingredients
are in the food that he gives his kids, he should have a right to know
that. That is my deep belief. He has a right to know that, just as they
do in so many countries all over the world.
The bill that is going to come before us, called the Safe and
Accurate Food Labeling Act, is anything but that. I would call it the
``no label'' act. It is a ``no label.'' There is no label required. It
is a totally voluntary system. It is a ``no label'' label. Even if in 3
years Senator Roberts' mandatory labeling kicked in, you still would
not have a true label. I think it is an embarrassment. I think it is an
insult to consumers, and it is a sham. The goal of the bill--and I hope
we vote it down--is to hide the information from consumers. It is going
to make it harder, not easier, for consumers to know if they are
feeding their families genetically modified organisms, or GMOs.
So here again is our typical dad, and he has his kids in the cart.
They are shopping, they have had their outing, and he picks up a
product. He wants to see the ingredients, including whether it has been
genetically modified. Guess what. There is no GMO label.
So what are his options? Well, in 3 years, maybe he will have an
option. But before then, the voluntary program is going to make it
literally impossible for him to know what is in his food. It is either
going to be a QR code--so he will have to have a smartphone, and even
when he puts the smartphone up against the code, they don't really have
to tell you easily whether it is GMO, and it is going to have a whole
bunch of other information--or he is going to have to call a 1-800
number.
Can you believe this? The man is going through the grocery store. He
has 50 products in his cart. He is saying: Wait a minute, kids--just a
minute. Here, have some chips. Then he calls 1-800 and he tries to find
out, and he gets probably some person answering him in India, which is
usually what you get, and you go around the mulberry bush. How
embarrassing is this?
Now, if he is lucky, he gets some products from companies that really
are being fair about this, such as Campbell Soup Company. They are
doing a really smart, voluntary label. It says: ``Partially produced
with genetic engineering. For information visit . . .'' and they have a
site. Campbell's, if he is lucky, has enough products in here that have
a label. He may find out more information, but it is totally voluntary.
It is totally voluntary. I want to say thank you to Campbell's for
being upfront and putting the information right on the label.
As a mom and as a grandma, I want to know what is in my food. Because
of work we have done before, you do have to list how much sugar is in
the product, which is so critical as we combat diabetes and other
things. Sometimes you read that sugar content, and you think: Oh my
God, I am going to get something else. And you can see how many carbs,
how much fat. Why can't you find out if the product is genetically
modified? Seems to me, this is fair.
So while I call the Roberts proposal the ``no-label label,'' because
it makes believe you are going to have a label, but there is no label--
the groups, the consumer groups call it the DARK Act, because the label
is voluntary. There is not going to be a label, at least for 3 years
after that, if not longer. They will figure out another way to put it
off indefinitely. Even if, after 3 years USDA decides they have to make
something mandatory, information will be hidden behind Web sites or
phone numbers or these QR codes that are so problematic.
So this busy dad that we have here, he is going to have to stop
shopping for every item on his list. He would have to pull out his
phone to make a call or go to a Web site or scan a code. You don't have
to live too long to know this is not going to happen. This dad is not
going to do that because he has two kids. By now they are screaming:
Get me out of here; I am hungry, and where is mommy? So as to all of
this notion that this dad is now going to deal with all of this--I
don't care how much of a super dad you are, you are not going to make
50 phone calls to 1-800 numbers. You are not going to go look at 50 QR
codes and find out whether the product has GMO. You are just not going
to do it. It is not going to happen. The kids are going to be melting
down. Even if he doesn't have kids with him, he has other things to do,
by the way, like live his life outside the supermarket. He is going to
want to get back home
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or get back to work. It makes no sense at all.
By the way, this dad--and I ask Senator Reid to take a look at this
picture, if it doesn't remind him of one of his kids taking his
grandkids shopping--is going to be expected--if he has 50 products and
he wants to find out--either to have a smartphone and to put it up
against the code and then find a whole bunch of information--
Mr. REID. Or call the 1-800 number.
Mrs. BOXER. Or he could call the 1-800 number, and we know what
happens then. He will be transferred around the world.
So Americans should not have to run through hoops. Life is difficult
enough already not to have to do that. This thing is a sham. It is an
insult. It is a joke.
Why are they doing it on the other side of the aisle? Because they
are beholden to the special interests that don't want to label GMOs,
that are afraid if people know the food is genetically modified, they
won't buy it, even though there is no proof of that at all.
Mr. President, 64 countries require labels. Some 64 countries today
require simple labels, and many of our products are sold in those 64
countries. Let me tell you some of these countries.
Mr. President, I ask unanimous consent to have printed in the Record
a list of the 64 countries that require GMO labeling.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Countries with GMO Labels
1. Australia, 2. Austria, 3. Belarus, 4. Belgium, 5.
Bolivia, 6. Bosnia and Herzegovina, 7. Brazil, 8. Bulgaria,
9. Cameroon, 10. China, 11. Croatia, 12. Cyprus, 13. Czech
Republic, 14. Denmark, 15. Ecuador, 16. El Salvador, 17.
Estonia, 18. Ethiopia, 19. Finland, 20. France;
21. Germany, 22. Greece, 23. Hungary, 24. Iceland, 25.
India, 26. Indonesia, 27. Ireland, 28. Italy, 29. Japan, 30.
Jordan, 31. Kazakhstan, 32. Kenya, 33. Latvia, 34. Lithuania,
35. Luxembourg, 36. Malaysia, 37. Mali, 38. Malta, 39.
Mauritius, 40. Netherlands;
41. New Zealand, 42. Norway, 43. Peru, 44. Poland, 45.
Portugal, 46. Romania, 47. Russia, 48. Saudi Arabia, 49.
Senegal, 50. Slovakia, 51. Slovenia, 52. South Africa, 53.
South Korea, 54. Spain, 55. Sri Lanka, 56. Sweden, 57.
Switzerland, 58. Taiwan, 59. Thailand, 60. Tunisia, 61.
Turkey, 62. Ukraine, 63. United Kingdom, and 64. Vietnam.
Mrs. BOXER. I am going to name some of these countries that require
the labels. So in other words, our companies have to put the label on
if they want to sell there, letting people know if their food is
genetically modified: Australia, Austria, Belgium, Bolivia, Brazil,
Bulgaria, China, Croatia, Cyprus, Denmark, El Salvador, Estonia,
Finland, France, Germany, Greece, Hungary, Iceland, India, Ireland,
Italy, Japan, Jordan, Kenya, Latvia, Mali, Malta, Netherlands, New
Zealand, Norway, Peru, Poland, Portugal, Romania, Russia, Saudi Arabia,
Senegal, Slovakia, South Africa, South Korea, Spain, Sri Lanka,
Switzerland, Taiwan, Thailand, Turkey, Ukraine, United Kingdom, and
Vietnam. I left some out, but they will be in the Record if anyone
wants to see them.
Why is it that consumers in Russia have more information than our
consumers do--the greatest country in the world? This makes no sense at
all. Why is it that our companies are up in arms, since they have to
put the label on in these other countries? They could put the label on
here.
Now, if we care at all about what the public thinks, we should vote
no on the Roberts bill. Some 90 percent of Americans want to know if
the food they buy has been genetically engineered--90 percent. That is
a majority of Republicans. That is a majority of Democrats. That is a
majority of Independents. I think the other 10 percent are working for
the big food companies, which don't seem to want to share this.
Millions of Americans have filed comments with the FDA urging the
agency to label genetically engineered food so they can have this
information at their fingertips.
The bill also preempts any State in the Union from doing a label.
Now, I don't like the notion of every State doing a label. That is why
I support my bill--which has about 14 sponsors and simply says to the
FDA to write a label and make this the law--or the Merkley bill, which
comes up with four labels. Senator Merkley will talk about this. We say
that would, in fact, be enough so that States wouldn't be able to act.
Meanwhile, this says no State action, and we are going to keep the
status quo for at least 3 years--no labeling. Even after those 3 years,
there may be no labeling at all. It is going to be barcodes, which are
confusing, and 1-800 numbers, which probably take you to India to try
and figure your way through it all.
Now, I have long believed in the power to give consumers information.
I think you are all familiar with the dolphin-safe tuna labeling law. I
am proud to say that I wrote that law. That law has been in effect
since the 1990s, and people like it. But guess what. They see a smiling
dolphin on the tuna can, and they know that tuna was caught in a way
that does not harm the dolphins. We found out so many years ago that
the tuna schools swim under the dolphins, and the tuna companies were
purse seining on dolphins. They were putting nets over the dolphins,
pulling them away and then catching the tuna, and the dolphins would
die by the tens of thousands. So the schoolkids in those years said--at
that time I was a House Member: Congresswoman Boxer, we don't want to
have tuna that resulted in the death of all these dolphins. So we
created the label, and the tuna companies were very helpful, just like
Campbell Soup Company has been very helpful in labeling their products.
When you have the companies come forward, it is very helpful. So we
passed the bill. Everybody said: Oh, this is going to be terrible; no
one will buy tuna. Actually, people started buying the tuna because
they changed the way they fish for the tuna. The dolphins weren't
harmed. We have saved literally hundreds of thousands of dolphins over
the period of time that label has been in effect.
Now, as to this label, all we are saying is to let us know. Let us
know. What we do know is that many of these genetically engineered
products, as they are growing in the ground, require huge amounts of
pesticides. Senator Heinrich talked about that. That is one issue which
has grown in importance to parents because they don't want to give
their kids food that is covered in pesticides if they have an option.
So the power we give the consumers is critical--the power to simply
know the truth. And, to me, knowledge is power. To me, it is respect.
You tell people the truth; you don't give them a sham bill and say:
Well, we won't require anything for 3 years, but then we may have a
barcode, and then we may have a 1-800 number. No. It is pretty simple:
Require a label. Require a label. A label is simple. A label works.
I see Senator Merkley on the floor, and I am finishing up. We have
various ways we can do the label. One way is to give it to the FDA and
tell them to come up with it, and another way is the way Senator
Merkley has proceeded in a way to attract more support. He has given
four options, all of which are very good and all of which would
immediately give consumers the information they need.
In 2000, when I introduced the first Senate bill concerning the
labeling of GE foods, my legislation had one supporter, and it was me.
I had no other supporters back then. It was so long ago. It was in
2000. Now 14 Senators are cosponsoring the bill. I am so proud to
cosponsor Senator Merkley's bill, the Biotechnology Food Labeling and
Uniformity Act, which, again, will put forward four options for
companies.
There are reasons people want this information, and not one of us
here should decry what our people want, even if they want to know if
the foods contain GMOs because of the prevalence of herbicide-resistant
crops. We know from the USGS that growers sprayed 280 million pounds of
Roundup in 2012--a pound of herbicide for every person in the country.
That is what they spray on these foods that contain GMOs. Whatever the
reason, Americans deserve to know what is in the food they are eating.
Some want to know it just to have the information.
Some in the food and chemical industry say that adding this very
small piece of information would confuse or alarm consumers. This is an
old and familiar argument raised by virtually every industry when they
want to avoid giving consumers basic facts. In fact, a 2014 study from
the Journal of Food Policy shows there is little evidence that
mandatory labeling of GE foods signals consumers to avoid the product.
There is no proof of that.
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The FDA requires the labeling of more than 3,000 ingredients,
additives, and processes. Orange juice from concentrate must be
labeled. Consumers should be able to choose the product they prefer. If
they like it from concentrate, fine. If they prefer it in a different
fashion, fine. There is no reason they can't also have the knowledge
that the food they are buying is genetically engineered.
The world certainly has moved ahead of us. The Roberts bill would
take us way back into the dark, and that is why consumer groups call it
the DARK Act. It is a sham. It is an embarrassment. It is time for us
to shelve the DARK Act, to listen to 90 percent of the American people.
For God's sake, if we do nothing else, we ought to listen to 90 percent
of the American people, and we ought to pass a real bill to help
Americans make informed choices about the foods they eat.
Again, I wish to thank Senator Merkley for really delving into this
issue and coming up with another alternative that will be very
acceptable not only to me but to, I believe, the 90 percent of the
people who are crying out for this information.
I yield the floor.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. MERKLEY. Mr. President, this debate on the Monsanto DARK Act,
which stands for Denying Americans the Right to Know, centers around
two basic propositions. The first proposition is that it would be
chaotic to have 50 States with 50 different labeling standards. How
could a food company possibly always get the right label to the right
store if there are 50 different State standards? This is not a problem
we actually have yet because we have no States that have adopted a
standard for GE labeling. We have one State--I should say no States
have implemented it. One State has adopted a standard, and that won't
be implemented until July. So we are far away from having any issue
over conflicting standards. But I acknowledge the basic point. This
makes sense. It makes sense that we don't want to have a world in which
every State has a different approach: In this State you do X, Y, and Z,
and in this State you do A, B, and C, and what the exemptions are
differ, and the formats differ, and so on and so forth. So let's just
concede that at this point, it makes sense to have a single standard
for the country. But a single standard about what?
That brings us to the second basic proposition, which is that there
be a consumer-friendly alert that there are GE ingredients in a
product. That is all. If a State says they want to have a simple,
consumer-friendly alert that there are GE ingredients, then they should
be able to do that.
If we don't want 50 standards, then we need to have the replacement
be a national standard that provides the same thing, that is a
consumer-friendly alert that there are GE ingredients. Then the
individual can do more investigation. They can go to the company's Web
site and find out the details, including what type of genetic
engineering it is, what is its impact, and so on and so forth.
Right now there is a coalition of individuals in this Chamber who
don't believe in Americans' right to know. They want to take it away.
They want to support a bill, which is currently on the floor right now,
that denies Americans the right to know because they are getting
pressure from Monsanto and friends, and they are not willing to stand
up for the American citizen, their constituents. They don't believe in
a ``we the people'' America; they believe in ``we the titans,'' that we
are here simply on the end of a puppet string. But we are not here for
that purpose. That is not the vision of our Constitution. The vision of
our Constitution is that we are an ``of the people, for the people, and
by the people'' world. That is what makes America beautiful, not that a
few powerful groups can control what happens here in this Chamber, this
honored and revered Chamber where it is our responsibility to hold up
our ``we the people'' vision of the Constitution.
So this bill, this Monsanto Deny Americans the Right to Know Act 2.0,
has a few shams and scams placed in it to pretend that it is a labeling
law.
The first scam that it has in it--or sham--is an 800 number. I as a
consumer can go to a grocery shelf and in 5 seconds I can check three
products for an ingredient by looking at the label; 1 second, 2
seconds, 3 seconds--well, less than 5 seconds. In 3 seconds I can check
and see whatever I want to find out. If I want to check the calorie
count or check for vitamin A or what percentage of the daily
recommended amount is in the food or if I want to see if it contains
peanuts because I am allergic to peanuts, I can do it for three
products in 3 seconds. That is consumer-friendly. That is why we put it
on the label. That is why we say: Oh gosh, we are going to give people
the information they want so they can exercise their freedom when they
buy things to support what they want. That is integrity between the
producer and the consumer.
But do we know what the opposite of integrity is? That is the DARK
Act. Deny Americans the right to know and ban States from providing
this basic information. It is the complete absence of responsibility to
the citizen.
Well, there is a 1-800 number. How would that work? First of all, I
have to find the 800 number. Then I have to make sure I have a phone
with me. Then I have to make sure I have good cell phone coverage. Then
I have to go to a phone tree. You know how these work. You go to the
phone tree, you listen to eight options, you pick the option, it takes
you to another list, you pick another option, and then finally, after
about five levels, they connect you. They say: If you want an operator,
press this, and you press it and you go to some call center in the
Philippines. They don't know what you are talking about. This is not
consumer-friendly.
Looking at the ingredient list takes 1 second. It is 10 minutes or
more when you call that 800 number, and maybe you get a message: I am
sorry, we have a large call volume right now, and we will be able to
answer your call in 20 minutes. That is not consumer information; that
is a scam and a sham.
That is not the only one that is in this DARK bill. The second sham
is this idea of a quick response code, like this one in the picture,
this square code. Again, as a consumer you can't look at the
ingredients and see the answer, if there are GE ingredients, no. Now
you have to have not just a phone but a smartphone. You have to hope it
has a battery, that it has a photo appliance with it. You have to take
a picture of that code, and then that code takes you to some Web site
written by the very producer who gives you the answer, maybe, or maybe
they lay out a whole architecture of stuff that obfuscates it, confuses
you, and you don't really get the answer, when all you needed was a
little tiny symbol on the package that indicated whether it had GE
ingredients. So, again, how long does that take? Ten minutes per
product? Thirty minutes for the first item on your shopping list as you
compare three products? That is not consumer-friendly--3 seconds versus
30 minutes--and that is just the first item on your shopping list.
There is not one person in this Chamber who truly believes this is a
fair substitute for consumer-friendly information. This is a sham and
scam No. 2.
If this QR code had a message on it and this message right here
written on the back said ``There are GE ingredients, and for details,
scan this code,'' that is consumer-friendly. That is all the consumer
wants to know. That is all we are asking for--a consumer-friendly
alert. Then that QR code for more information is fine. That is
perfectly fine. But without it, nobody even knows why it is there. What
is it there for? Is this where you find out information about the
company? Is this where you find out information about the new products
they are going to be putting out? Is this where you find information
about special sales that are going on? Nobody has any idea.
Well, the DARK bill doesn't stop with sham No. 1 and sham No. 2. No,
it gives us even more fake labeling because we see it says that a form
of labeling is to have no label but to put the information on your Web
site. Well, to call that a label is simply a misrepresentation--and
``misrepresentation'' is a fancy word for ``lie''--because there is not
any information that even appears on the product. None.
So we say: Well, I was told there would be an 800 number. I am not
finding it. I was told there might be a box, and I think it is for
finding out if there
[[Page S1486]]
are GE ingredients. But I don't find that computer code box, no,
because they have adopted door No. 3, and door No. 3 is to put
something on some form of social media. But what social media? Are you
supposed to go to Instagram or Facebook or Twitter? Nobody has any
idea.
So now there is nothing--let me repeat: nothing--on the product. So
what could be learned in 1 second by a consumer, now the consumer has
fully no idea. And because this whole thing is voluntary, lots of
products may just choose to put nothing up.
The proponents of the DARK Act say: No, we have a pathway to more
information. If companies don't put up information in the form of a
barcode or a phone number or something on a social media Web site, well
then we will require something in one of those three areas. That
requirement down the road still provides no consumer-friendly
information. It is a pathway through a hall of mirrors that leads to a
hall of mirrors. It never leads to concrete, simple information.
Don't you know that if you told consumers they would have to go to a
Web site to find out if there is vitamin D in the product, that would
be ridiculous? It should just be printed on the package.
Don't you know if someone were interested in high fructose corn syrup
and they were told they had to dial a call center in the Philippines to
find out that information, consumers would say that is absurd? We all
know that is the case.
Ninety percent of Americans strongly believe--or believe when given
the choice--that there should be this information directly on the
label. I am rounding up from 89 percent. Let's round it off. When
questioned as to whether there should be information on the label to
say whether there are genetically engineered ingredients, 9 out of 10
Americans say yes, there should be, and 70 percent say they feel very
strongly about this. So here are our constituents, and 9 to 1, they
want us to provide information. But up here on Capitol Hill we have
Senator after Senator who does not care what their constituents think.
They care only what big Monsanto and friends want, which is to deny
Americans the right to know. That is irresponsible. That is wrong.
When we look at this number, you can see by how high it is that this
is not partisan because it would be impossible to have a big
difference--100 percent of one party and 80 percent of another might
round off to 90 percent. But that is not the way it is. Whether you are
an Independent, Democrat, or Republican, in all 3 groups, 9 out of 10
individuals, plus or minus a few percentage points, say they want this
information on the package.
So here we are with this vast difference in ideologies being
displayed by the Presidential debate, from the tea party right to the
far left and everything in between. There is disagreement on all kinds
of things, but on this, all the citizens agree--the right, left,
middle, far left, far right--because it is a fundamental freedom in
America to use your dollars based on basic, accurate information. That
is a basic freedom that a bunch of Senators on this floor want to take
away. It is just wrong to take away the States' rights to answer that
request, that need, that desire for information on GE ingredients and
not to replace it with a national standard. That is just wrong.
There are folks who say: Wait, I want to be on the side of science,
and I don't think there is any kind of scientific information that
there is any kind of disadvantage to GE products. Well, that is
fundamentally wrong. If you think there are no disadvantages, it is
because you don't want to know.
There are benefits, and there are disadvantages. For example,
recognize that this tool can be used in ways that produce some good
results and some not so good results. That is why it is up to the
consumer to decide how they want to use their dollars.
On the good side, we can talk about golden rice. There are parts of
the world that primarily eat rice. If they have a vitamin A deficiency,
there is rice that can be grown that has been genetically modified to
supply more vitamin A and makes for a healthier community. That is a
positive.
For example, sweet potatoes grown in South Africa are vulnerable to
certain viruses, but they have been genetically modified to resist
those viruses so there is more substantive food available to the
community. As far as we know, there are no particular side effects, so
that is a positive.
There are some interesting ideas that occur about edible vaccine
technology. This is an alternative to traditional vaccines, and they
are working to have transgenic plants used for the production of
vaccines that stimulate the human body's natural immune response.
Wouldn't that be amazing if we could essentially inoculate against
major diseases in the world through some type of GE, as long as there
weren't side effects? Who knows, that may end up being a major benefit.
Just as there are scientifically documented positives, there are
scientifically documented negatives. For example, let's talk about our
waterways. I put up a chart which shows that since the presentation or
production of herbicide-resistant crops, the amount of herbicides put
on crops in America has soared. We have gone from 7.4 million pounds in
1994 to 160 million pounds by 2012. It has gone up since. All of that
glyphosate is basically being sprayed multiple times a year. It gets
into the air, it gets into the plants, it gets into the runoff from the
fields, and it goes into our waterways. It has an impact because it is
a plant killer. That is what an herbicide is. It kills plants. If you
put millions of pounds of herbicide into our rivers, it does a lot of
damage.
I will not go through all the studies that have noted this damage.
Let me just explain that when you kill things at the base of the food
chain, you change the entire food chain. This is true for micro-
organisms in sea water, which we refer to as marine systems, and it is
very true in micro-organisms in freshwater systems.
Micro-organisms form the basis of food chains and provide ecological
services. There are a bunch of studies that show the impact of all this
plant-killing herbicide running into our rivers. It affects the soil
too. Quite frankly, it even creates some potential for an impact on
human health.
Let me explain. Two-thirds of the air and rainfall samples tested in
Mississippi and Iowa in 2007 and 2008 contain glyphosate. Those are
rain samples and air samples, two-thirds of which contained this
herbicide. Well, what we know is that not only do humans absorb some
therefrom, but they also absorb some because of residuals in the food.
A study published in the Journal of Environmental & Analytical
Toxicology found that humans who consumed glyphosate-treated GMO foods
have relatively high levels of glyphosate in their urine because it is
in their bodies. We also know that glyphosate has been classified as a
probable human carcinogen by the International Agency for Research on
Cancer, part of the World Health Organization.
Here we have a probable carcinogen present in such vast quantities--
present in the rain, present in the air, present in the residuals on
the food. That is a legitimate concern to citizens. Does that mean that
it is causing rampant outbreaks of cancer? No, I am not saying that. I
am just saying there is a legitimate foundation for individual citizens
to say: I am concerned about the runoff into our streams. I am
concerned about the heavy application and its impact on local plants
and animals. I am concerned about the possibility of absorption of
anything that might contribute to cancer. That is the citizens' freedom
to have those opinions.
This is not a situation where Members of this body should say: We are
smarter than they are, and we don't care that they have scientific
concerns because, quite frankly, we want to suppress that information.
We don't want to give them a choice. We don't want to let them know. It
is just wrong. It is wrong to take away States' rights to provide such
basic information and not have a consumer-friendly version at a
national level. I will absolutely support a 50-State standard so there
is no confusion and no cost of overlapping standards or difficulties in
what food goes from what warehouse to what grocery store--absolutely
support that--but don't strip States from doing something 9 out of 10
Americans care about and then proceed to bury that and not provide that
information in the U.S. Senate.
[[Page S1487]]
I encourage my colleagues: Simply say no to this Monsanto Deny
Americans the Right to Know Act, the DARK Act. Simply say no. Stand up.
Have some respect for this institution.
This is a bill that never went through committee. Not a single phrase
of this bill went to committee. This is a new creation put on the floor
without juris, without consideration on committee, and no open
amendment process. How many colleagues across the aisle cried foul over
the past years when Democrats were in charge and didn't allow an
amendment process? They insisted they would never vote for cloture
unless there was a full amendment process that honored the ideas
presented by different Senators. But there is no open amendment process
here. So there we are--a bad process, mega influence by Monsanto and
friends oppressing and stripping the freedom of American citizens.
Let's not let that happen.
I have a host of letters I was planning to read, but I see my
colleague from Ohio is wanting to speak to this issue, and in fairness
to all sides of this debate or ideas that he might want to present, I
am going to stop here. If there is an opening later, I would like to
return to the floor because of the calls and letters overwhelmingly
from citizens stating they resent the Senators in this body trying to
strip them of their right to know.
Thank you, Mr. President.
The PRESIDING OFFICER (Mr. Lankford). The Senator from Ohio.
Mr. PORTMAN. Mr. President, I want to thank my colleague from Oregon,
and I am sure he will be back on the floor again to talk about this
issue.
Comprehensive Addiction and Recovery Bill
Mr. President, I want to address a couple of other issues quickly.
One is the last act that this Senate took last week, which was passage
of the Comprehensive Addiction and Recovery Act. I didn't have a chance
to speak on it because the Senate adjourned at that point, but I just
want to congratulate my colleagues for coming together as Republicans
and Democrats. It was a vote of 94 to 1. That never happens around this
place. It is because people understand the significance of the
challenge of heroin and prescription drug abuse and addiction back in
our States and wanted to stand up and put forward Federal legislation
that would help make the Federal Government a better partner with State
and local governments and nonprofits that are out there in the trenches
doing their best, with law enforcement who are trying their darnedest,
and others in the emergency medical response community who are trying
to deal with this issue.
While traveling the State of Ohio the last 3 days, this Senator heard
about it constantly. Before I would give a speech, people would come up
and say thank you for dealing with this issue because my daughter, my
cousin, or my friend is affected. Today, I was with a group of young
people talking about other issues, and one said that his cousin at 23
years old had just succumbed to an overdose--died from an overdose of
heroin.
This a problem in all of our States. It is a problem where we can
help make a difference. I want to congratulate my colleagues, Senator
Whitehouse and others, for working with me to put this bill forward. We
worked on it over 3 years in a comprehensive way, using the best
expertise from around the country.
Now I am urging my colleagues in the House of Representatives to
follow suit. Let's pass this legislation. Let's send it to the
President's desk for his signature. Let's get this bill working to be
able to help our constituents all over this country to better deal with
a very real epidemic in our communities.
Now the No. 1 cause of death in my State is overdoses--from these
deaths that are occurring from overdoses of heroin and prescription
drugs. Again, I congratulate the Senate for acting on that on a
bipartisan basis and having thoughtful legislation that is going to
make a difference.
Read Aloud Month
Mr. President, I also rise today to speak about something that also
affects our young people, which is literacy and learning. This happens
to be Read Aloud Month. This U.S. Senate has established the month of
March as being the month that we hold up those who read aloud to their
kids, because we found it is incredibly important for a child's
development--particularly for the ability of a child to become adept at
other subjects at school by just being read to and the literacy that
results from that.
There is a campaign called the Read Aloud campaign. I congratulate
them for the good work they do around the country. They started in my
hometown of Cincinnati, OH, so I am very proud of them, but now it is a
national effort. In libraries and schools across the country, March is
held up as Read Aloud Month, where we encourage parents and other
family members to get into the habit of reading to their children, if
only for 15 minutes a day. That is all the Read Aloud campaign is
asking for. If parents and other caregivers read at least 15 minutes a
day to their kids, what an incredible difference it would make.
There is one study that is now quite well known that shows, on
average, by the time a child born into poverty reaches age 3, he or she
will have heard 30 million fewer words than his or her peers who are
not in poverty. What does that mean, 30 million fewer words? It means
that those children born into poverty are at a severe disadvantage. It
means they can have a lifetime of consequences that are negative for
them. The more we learn about the way the brain develops, the more
clear it is that verbal skills--like other skills--develop as they are
used and atrophy as they are neglected. The younger the children are,
the more important this is. So reading to children, particularly
younger children, is incredibly important to their development.
Even though this information is now out there and the Read Aloud
campaign is doing a great job of getting the education out there, even
with all this information we are told that in 40 percent of families in
America today parents and other caregivers are not reading to their
kids.
There is a doctor at Cincinnati Children's Hospital, Dr. Tzipi
Horowitz-Kraus, who is a real expert on this topic. She stated: ``The
more you read to your child, the more you help the neurons in the brain
to grow and connect.'' So that is the physiological change that occurs.
We also know a child's vocabulary is largely reflective of the
vocabulary at home from their parents and caregivers. There is a 2003
study by Elizabeth Hart and Todd Risley studying the impact of this 30
million word gap we talked about between households in poverty and
those of their peers. They found that by age 3 the effects were already
apparent. Even at that young age, ``trends in the amount of talk,
vocabulary growth, and style of interaction were well established and
clearly suggested widening gaps to come.'' That is another study out
there about what the impact of this is.
There are a lot of adults who might not know how important reading
aloud is and don't feel they have enough to do it, but, again, 15
minutes a day is all they are asking. It adds up quickly and can help
close this word gap. As parents, it may be the most important single
thing we can do to help our children to be able to learn.
Illiteracy or even what is called functional illiteracy--not being
illiterate but not being able to read with proficiency--makes it so
much harder to do everything, to earn a living, obviously to get a job,
and to participate fully in society. It hurts self-esteem. It hurts
personal autonomy. Millions of our friends and neighbors are struggling
with these consequences every single day. According to the Department
of Education, there are about 32 million adults in the United States
who can't read. Nearly one out of every five adults reads below a fifth
grade level. Nearly the same percentage of high school graduates cannot
read. So one out of every five high school graduates not being able to
read is an embarrassment for us as a country, our school system, and
certainly what is not going on in our families, which again can help to
get these kids off to the right start. For these adults who are
functionally illiterate or illiterate, they all started with this
disadvantage we are talking about, not having this opportunity at home.
Some parents may say: OK, Rob. How do we afford this, because
children's books aren't inexpensive. How do you get the online
resources you might want to be able to read to your kids, if
[[Page S1488]]
not books? I have one simple answer for that, which is get a library
card. Our libraries in Ohio and around the country are all into this
effort. They have all rallied behind it, and they are all eager to be a
part of this.
My wife Jane and I made it a priority to read to our kids when they
were growing up, and a lot of that came from books we took out of the
Cincinnati and Hamilton County Libraries. It also had the consequence
of introducing our kids to the libraries and helped them to become
lifelong readers and learners. That is one way for those who are
wondering how to begin. Get a library card, go to your library, and get
started there.
I am proud Ohio has led the way in this effort. This campaign began
in Cincinnati and is now becoming a national movement.
We do talk a lot in this body about education. On a bipartisan basis,
we recently passed legislation that had to do with K-12 education
reform. I think it was an important step, but one thing it did is it
returned more power back to the States and back to our families, which
I think is a good thing.
The new law also authorized grant funding for State comprehensive
literacy plans, including targeted grants for early childhood education
programs--what we are talking about here, early childhood. It made sure
those grants are prioritized for areas with disproportionate numbers of
low-income families. We also authorized professional development
opportunities for teachers, literacy coaches, literacy specialists, and
English as a Second Language specialists. These grants will be helpful
in empowering our teachers to do their part to help our young people to
learn to read. Clearly, our wonderful teachers have a role to play.
To my colleagues, while this is all fine, there is no substitute for
the family. There is no substitute for what can happen in a family
before the child even goes to school and then while the child is
starting school to be able to give that child the advantage of being
able to learn more easily. Although I supported that legislation--there
are some good things in there--let's not forget the fundamental role
all of us play as parents or aunts or uncles or grandparents or other
caregivers.
Washington may be the only place on Earth where 30 million words--
which is this word gap we talked about, which is less than the length
of our Tax Code and regulations--doesn't sound like a lot, but it is a
lot, and there is no government substitute to close that 30 million
word gap. Ultimately, it is going to be closed by parents,
grandparents, uncles, aunts, other caregivers, and brothers and sisters
with the help of librarians, teachers, and others. We need to call
attention to this issue to let parents know that this 15 minutes a day
can make a huge difference. Every little bit counts. Every time you
read to the child, you are giving him or her an educational advantage,
you are making it easier for them to learn, helping to instill in them
a love of learning that will last a lifetime.
Again, I thank the Read Aloud campaign. I am proud of their roots in
my hometown and in Ohio. I thank them for all they are doing every day
for our kids and for our future.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. MERKLEY. Mr. President, I wish to continue sharing some
information about Monsanto and the Deny Americans the Right to Know Act
that is on the Senate floor being debated right now.
The reason I want to turn to this is this is such an egregious
overreach of the Federal Government, stripping States of the right to
respond to their citizens' desire for clear information, consumer-
friendly information, on GE--genetically engineered--ingredients and
stripping American citizens of the right to know.
I have already gone through a number of the points that are important
in this debate; that if you are going to eliminate the ability of
States to provide consumer-friendly information on their label--which
can be as simple as a tiny symbol or a letter such as Brazil uses--then
there has to be a national standard that provides consumer-friendly
information. Certainly, the hall of mirrors embedded in the DARK Act,
which says consumers have to call call centers somewhere around the
world and maybe they will eventually get an answer to their question
about GE ingredients or they have to own a smartphone and have a data
plan and take a picture of a computer code and give up some of their
privacy in the process in order to try to find out this information or
they have to guess where on social media the company has posted some
information about the ingredients they have in their product--those
three sets of components are completely unworkable, 100 percent
unworkable.
Ask yourself if that would be a logical remedy to people trying to
find out about the calories in a product. Instead of finding out in one
second, it could take them 10 minutes or, for that matter, an hour or
they may never even get an answer on the end of that call center
because the call center is too busy.
The point is that 9 out of 10 Americans believe this information
should be easily available on the label. I went through those numbers
before. The numbers are basically the same for Republicans, basically
the same for Democrats and Independents--slight variations. Throughout
the ideological spectrum, this is something American citizens agree on.
Along comes the Monsanto DARK Act and its proponents to say: We don't
care that the American people have finally found something to agree on
that goes to their core values about the right to know. We are going to
stomp out their right to know because we simply don't work for the
American people. We don't work for our constituents. We work for some
powerful special interest.
That is wrong. I hope the American citizens will let their Senators
know it is wrong. They are certainly letting me know how they feel, and
I thought I would share some of those with you, but before I do that, I
had some inquiries about this situation of basically all citizens
throughout the ideological spectrum sharing this same point of view--9
out of 10. Is it also true for gender and age? Let me share that.
Specifically, there was a followup question which asked: Does a barcode
work to provide information on the label or do you want a physical
label stating that there are GE ingredients? Physical label versus this
barcode--which people don't even know where it is on the package.
It turns out again it is 90 percent. It is 88 percent of Democrats,
88 percent of Republicans, and 90 percent of Independents say: No, we
want the physical label, not some mysterious label that we have to use
our smartphone to interpret and give up some of our privacy.
How about men and women--87 percent of men, 97 percent of women.
How about younger and older--those who are less than 50 years old, 86
percent; those who are over 50 years old, 90 percent. Again, basically
9 out of 10 Americans, regardless of gender, regardless of age,
regardless of ideology, say: No, this is a fundamental issue of
American freedom, my freedom to exercise my choices based on basic
information that should be on the label.
Let's turn to some real constituents and some real letters so we are
not just talking numbers.
Bertha from Springfield writes:
I urge you to vote against SB 2609 concerning labeling of
foods that contain GMOs. Every American has the right to know
what they are putting in their bodies. You were elected to
represent all Oregonians and protect our rights, be assured I
will check yours and every other representatives' voting
records before I cast my votes in the future.
Let's turn to Eli from Medford, OR:
I want to hear you come out publicly against S. 2609.
Please lead the fight to get GMOs clearly labeled without
delay.
Well, Eli, that is exactly what I am doing. I hadn't read your letter
before I started speaking out strongly because I fundamentally believe
we are here to represent our citizens--not to bow down to special
interests--and this is as clear as it gets. This is as straightforward
as it could possibly be.
Let's turn to Ms. JC in Salem, OR:
Please, I am requesting you NOT to support (S. 2609)
(referred by some as the Dark Act) when it comes up for a
vote in the Senate. I know the Senate Agricultural Committee
voted 14-6 to pass the Dark Act S. 2609 last week. I believe
the government should protect OUR RIGHT TO KNOW what's in our
food. Please DO NOT VOTE to block GMO labeling.
[[Page S1489]]
She goes on:
Most European nations do not allow these types of food to
be grown or sold in their countries. This should give you
some information about how people in other countries view
genetically modified foods.
Please do not support this legislation. Your constituents
will appreciate your support for their right to know what's
in the foods we put on our plates to feed to our families.
That is a very personal issue: what you are putting in your mouth,
what you are putting on your family's table for your partner and your
children. That is a very powerful issue, and here we have Senators who
do not care and want to take away that right for something so close to
people's hearts.
Let's turn to Sheila in Pendleton, OR:
I want to urge Senator Merkley to vote against the S. 2609,
which would block mandatory labeling of genetically
engineered foods. I urge the Senator to stand up for states'
rights and individual rights to know. We have a right to know
what is in our food so that we can make educated decisions
about the food we eat.
She continues:
The free market can only work when consumers have the
information they need to make informed choices. Contrary to
what you hear from industry, GMO food labeling will not
increase food prices. Companies frequently change labels for
all sorts of reasons, without passing those costs on to
consumers.
Let me dwell on that point for a moment. It is completely reasonable
not to have 50 different State standards that are conflicting, but what
is unreasonable is to say that putting simple information on the
label--consumer-friendly information--costs a dime because that label
is printed at the same cost whether or not it includes a symbol that
says ``This food contains GE ingredients.'' It doesn't cost any more to
print the calories on the label, doesn't cost any more to put the
vitamin D content, doesn't cost any more to print a symbol or a phrase
or an asterisk indicating there are GE ingredients. So let's just be
through with that argument that somehow there is a cost issue.
Ronald from Medford writes:
Oppose S. 2609, the anti-GMO labeling bill. Allow States to
enact their own GMO labeling laws.
And that is a point--States' rights. I hear all the time from
colleagues here on this floor about States' rights, that the Federal
Government should treat States as a laboratory to experiment with
ideas, to see if they work, to perfect ideas that might be considered
for national adoption. And isn't that exactly what Vermont is--a State
laboratory that is implementing a bill on July 1? And we could all
watch and see whether it works.
On July 1, there will be no conflicting State standards because there
is only one State involved--Vermont. So we don't have to have confusing
labels going from different warehouses to different States because
there is just one State putting forward a standard. So it is an
opportunity for us to view that as a laboratory and see how it works.
Other States might want to copy if it works well, or they might want a
different version. Then the Senate could say: You know what, now we
have conflicting State standards, and let's address the core issue,
which is a consumer-friendly indication on the package, and get rid of
the conflicting State standards. That would be a fair and appropriate
role for this Senate to play.
But to crush the only State laboratory that is about to come into
existence in exchange for nothing but a hall of mirrors that does not
give any reasonable opportunity for the consumer as a shopper to find
out the information they need--the information they can get in 1 second
by looking on the label but would instead take 10 minutes or 30 minutes
or they may not even be able to get it at all while standing there in
the grocery store looking at the very first product on their list.
Joshua of Eugene says:
Please support the public's right to know what food has GMO
contained in it and work to defeat the DARK Act.
Additionally, I fully support also the public's right to
know where their food comes from, the country of origin, as
well as what nutritional content is in all food eaten in
restaurants.
So he is suggesting that we should expand this conversation to
restaurants. For now, let's talk about packaged foods. And he is also
commenting on country of origin.
I want to live in a nation where, if I choose to buy the produce
grown in America, I get to buy the produce grown in America. I want to
live in a nation where, if I choose to buy the meat raised in America
and support American ranchers, I get to support American ranchers. It
may simply be because I want to help out my fellow countrymen. It may
be because I think they have superior produce or make a superior
product, a type of meat. It may just be patriotism. But it should be my
right to know where that food is grown.
We have a law, country-of-origin labeling, that does exactly that
because consumers want to know. It isn't about what steak to put in
your mouth; it is about where the food was grown.
It so happens that we are part of a trade agreement--the World Trade
Organization--that says our labeling of where pork and beef are grown
is a trade impediment. I couldn't disagree more. We have lost case
after case in the WTO over this topic. Finally, we had to take country-
of-origin labeling off of our beef and off of our pork. We haven't had
to take it off our other meats, other produce. I hope we get to the
point where we can fully restore our country-of-origin labeling because
it matters to Americans.
What kind of country are we when we don't even have the right to buy
our fellow citizens' produce and our fellow citizens' meat? Talk about
stripping away freedom. Yet here comes a group of Senators on this
floor who want to further strip the rights of consumers. No wonder
American citizens are angry with their government. No wonder they are
angry specifically with Congress, that they rate us so unfavorably,
below 10 percent. No wonder they are cynical because of things like
this, where we ignore the fundamental desires of citizens and instead
cave in to a powerful special interest. That is not the way it is
supposed to be in the United States of America.
Terry of Lake Oswego writes:
GMO free food is information we need to have. I need the
right to decide what to eat and feed my family. If the food
industry want[s] to produce foods without meeting certain
standards, using whatever they want to make their product,
sell foods to us, what protection do we have? Do we really
know the long term effects of altered food ingredients?
Well, Terry, no, we don't know all the effects, but we do know there
is a series of potential benefits and a series of problems. Those
problems are the massive runoff of herbicide--which is a name for
plant-killing chemicals--massive runoff of plant-killing chemicals into
our streams. There are plants in our streams--algae, microorganisms--
that are the fundamental basis of the food chain, and that makes a
difference. We do know this herbicide is classified as a potential
human carcinogen by the World Health Organization. We also know those
who eat GMO food end up with more glyphosate--that is herbicide--in
their body.
But it is up to you, Terry, to decide whether you have concerns about
this. You should get to decide. No Senator can come to this floor,
Terry, and say: I know better. I want to strip your ability to make a
decision because I know everything. And you know what. I don't care
about the scientific research; I just want to serve these powerful ad
companies that don't want you to know. So too bad, Terry, and too bad
to the 90 percent of Americans, 90 percent of Democrats, 90 percent of
Republicans, 90 percent of Independents, 90 percent of women, 90
percent of men--I am rounding off but pretty close--90 percent of the
young. Too bad for all of that because Senators here want to deny you
the information on which to make the decision you are asking for.
Gail of Portland, OR, says:
Please do all you can to defeat S. 2609. It is my
understanding that under this bill, it would be illegal for
States to require GMO labeling, even though polls show that
93 percent of Americans support labeling efforts.
Well, Gail, I don't have the poll you have that says 93 percent of
Americans support labeling, but I do have this poll done in November
2015 by a reputable pollster that says 89 percent. So let's take your
93 percent and let's take this poll's 89 percent and just agree that
basically 9 out of 10 Americans want this information on the product.
And when asked if they want it in the form of a mysterious barcode that
compromises
[[Page S1490]]
their privacy if they use it--they don't even know why it is on the
product--or they want it in terms of a simple statement or symbol, they
want the simple statement or symbol.
So, Gail, thank you for your letter.
William of Chemult, OR, said:
I was distressed to learn that the Senate Agriculture
Committee last week approved the voluntary GMO labeling. . .
. This would be a disaster if it became law. As your
constituent, I'm writing to ask you to oppose this and any
other scheme that would make GMO labeling voluntary.
William, I am sorry to report that it is even worse than voluntary
because an actual label is banned by this bill. A State cannot put a
real label or symbol on the product. Instead, this is the anti-label
bill. It says you have to put on things so the customer can't see there
are GE ingredients. It has banned putting clear, simple, consumer-
friendly information on the product. Instead, it proposes a wild goose
chase where you have to call some call center somewhere, some 800
number somewhere and hope that you can get through the phone tree; hope
that eventually they will stop saying: Because of call volume, it will
be another 30 minutes before we can talk to you; hope that somehow when
you get to that call center, it is not staffed by folks who speak the
English language with such an accent that you don't even understand
what they are saying or they do not understand what you are saying.
It is even worse, William, because they want to put a barcode on as a
substitute, with no indication for the purpose of this barcode, so that
it is just a mystery. Why is this there? I don't know. Does this tell
you about their upcoming products? Does this tell you about
advertisements for discounts if you take your smartphone and you snap
on this? Because the only way that barcode has value--and every Senator
in this room knows this fact--it only has value if you tell the
consumer why that barcode is on the package. If it says ``This product
has GE ingredients. For details, scan this bar code,'' then that is a
valuable contribution, but without that indication, this is just
another wild goose chase taking customers on a crazy adventure with no
real information when they could have had a symbol that in 1 second
answered their question.
And, William, it gets worse. If you can believe it, it gets worse,
because under this voluntary standard, what counts as a nonlabel--not
only a 1-800 number or a barcode or a computer code of some sort--what
also counts is putting something in social media somewhere. Well, what
social media? There are a hundred different social media companies. How
are you possibly supposed to discover, even if you wanted to, what the
information is on that product?
All of this is designed, William, to prevent you from getting the
information you want right on the package with a simple little symbol--
not a symbol that is pejorative, not a symbol that is scary--chosen by
the FDA just to give you the information. Brazil uses a ``t'' in a
triangle. That would be fine. It doesn't really matter what the symbol
is because citizens who want to know can find out that indicates there
are GE ingredients. But, no, that would be giving you information, and
the goal of the Monsanto Deny Americans the Right to Know Act is to
prevent you from getting information.
I want to turn to Anna in Beaverton, OR. Anna says:
I wanted to ask that you share with your colleagues that
this bill is insulting to the intelligence of Americans,
limits citizens the right to make safe choices when
purchasing food; hamstrings diet and medical professionals
who treat, among other things, food allergies and therefore
could result in an allergic person ingesting a food fraction
that could result in a serious, even fatal, allergic
reaction.
Here is the point: This bill is an insult to the intelligence of
Americans. Anna, you have this right. This is about Senators who do not
respect your intelligence, who do not honor your right to make a
decision as a consumer. They know that this is an incredibly popular
idea to put a symbol or phrase on a package to indicate it has key
ingredients because citizens want to know. The Members here know this,
and they don't care because they want to make the decision for you.
They do not want to allow you freedom to make your own choices. They do
not consider you to be an adult. They want to treat you like a child
who is fed only the information they want to give you.
So, Anna, I am deeply disturbed about this insulting legislation that
tears down the intelligence of our American citizens, that says to the
9 out of 10 Americans in every State in this Union that we want to
strip away your ability to make your own choice.
Keri from Eugene writes: ``Why are we protecting large conglomerates
and processed food companies instead of protecting the American people
and the land?''
Well, that is a good question, Keri. I suppose it is because these
companies make huge donations under the constitutional decisions of our
Supreme Court.
It is a very interesting story about the evolution of our country.
When our forefathers got together to draft the Constitution, they had a
vision of citizens having an equal voice. That decision was somewhat
flawed, as we all know--flaws we corrected over time related to race,
related to gender. But the fundamental principle was that citizens got
to have an equal voice.
What they pictured was this: They pictured a town commons, which cost
nothing to participate in, and each citizen could get up and share
their view in that town commons, could share their view before the town
voted, or could share that view equally with the person representing
them in Congress. This is what Thomas Jefferson called the mother
principle--that we are only a republic to the degree that the decisions
we make reflect the will of the people. He said for that to happen, the
citizens have to have an equal voice. Those are the words he used:
``equal voice'' and ``mother principle.'' Lincoln talked about the same
thing: equal voice as the foundation of our Nation.
So when you ask the question, Keri, about why are we protecting large
conglomerates at the expense of where the American people stand, you
have to go back 40 years ago to a case called Buckley v. Valeo. In
Buckley v. Valeo, the Supreme Court stood this principle--the mother
principle of equal voice--on its head because now we have a commons
that is for sale. The commons is the television. The commons is the
radio. The commons is the information on Web sites.
They basically said that Americans could buy as much of that commons
as they want. So instead of an equal voice, Jefferson's mother
principle, we instead have a completely unequal voice. Those with
fabulous wealth have the equivalent of a stadium sound system, and they
use it to drown out the voice of ordinary Americans.
Then a couple of years ago, on a 5-to-4 decision of the Supreme
Court, they doubled down on the destruction of our ``We the People''
Nation. They tore those three words out of the start of our
Constitution, and they did so by saying: You know what. We are going to
allow the board members of a corporation to utilize their owners' money
for the political purposes that the board wants to use, and they don't
have to even inform the owners of the company that they are using their
money for these political purposes. So we have this vast concentration
of power in corporations because corporations are large. If they have a
small board, the board says: We want to influence politics in this
fashion, and we don't even have to tell the owners about it. So that is
a hugely additional destructive force on top of Buckley v. Valeo. There
is nothing in the Constitution that comes close to saying that
corporations are people, and there certainly is nothing that says a few
people who sit in the decisionmaking capacity should be able to take
other people's money and spend it for their own political purposes. It
was never envisioned.
Between these decisions over several decades, we have destroyed the
very premise of our Constitution, Thomas Jefferson's mother principle,
that we are only a republic to the degree that we reflect the will of
the people.
That is the best I can do, Keri, to explain how it is possible that
this bill, which flies in the face of 9 out of 10 Americans, has made
it to this floor. This bill didn't go through committee. We have
leadership in this body that pledged regular order. They were going to
put things through committee and bring bills to the floor that had been
passed by committee. But this hasn't been. That is how much, as Keri
put it,
[[Page S1491]]
``large conglomerates'' are influencing what happens here in this
Senate.
Judith of Grants Pass says:
Please do NOT support [this bill] that would block states
from requiring labels on genetically modified foods. People
have a right to know [whether or not they are considered
safe].
She is right. She is absolutely right. It is whether or not there
they are considered safe. This isn't a scientific debate. There is
science of concerns--science that I have laid out here on the floor.
There is also science about benefits. But that is not the issue. The
issue is a citizen's right to make their own decision. If they are
concerned about the massive increase in herbicides and the destruction
it does to the soil, they have a right to exercise that in the
marketplace. If they are concerned about the massive amount of runoff
of herbicides affecting the basic food chains in our streams and
rivers, they have that right. If they are concerned about the fact that
there has been some movement of genes from crops to related weeds that
then become resistant to herbicides, that is their business. If they
are concerned that Bt corn is producing superbugs resistant to the
pesticide, that is their business.
These are not phantom ideas or phantom concerns. These are
scientifically documented concerns. None of this says it is unsafe to
put in your mouth. I hear that all the time: Well, it is not unsafe to
put these GE things in your mouth. But here is the thing: That isn't
the basis on which we label. We label things people care about, and
there are implications to how things are grown and their impact.
For example, we have a Federal law that says grocery stores have to
label the difference between wild fish and farmed fish. Why is that?
Well, there are implications to what happens in different types of
farms, and citizens are given a heads-up by this law, and they can
decide. They can look into it and see if it is a concern. They may not
be at all concerned about how catfish are raised in a farm setting, but
they may be very concerned about how salmon are raised in farm settings
because we find there are some bad effects of salmon raised in pens in
the ocean that transfer disease to wild salmon. That is their right.
They get to look into that. We give them that ability by requiring this
information be on the package.
I don't hear anyone in this Chamber standing up right now and saying
they want to strip our packages of the information of wild fish versus
farmed fish. We have basic information on packages regarding whether
juice is fresh or whether it is created from concentrate because
citizens care about the difference. So we give them this basic
information to facilitate their choice. And that is the point: We
facilitate their choice.
Kimberly writes in:
I am writing you today to urge you to vote no on . . .
[anything that would] block Vermont's . . . [bill].
The right to know what we eat is critical.
Richard from Portland writes: ``I urge you to filibuster, if need be,
to stop the `Dark Act.'''
Well, I would like to do that, Richard. I would like to do anything I
can to slow this down so the American people know what is going on. But
here is the level of cynicism in this Chamber: Last night, when the
majority leader filed this bill, which has never gone through
committee, he simultaneously filed a petition to close debate. Under
the rules of the Senate, that means, after an intervening day, there is
going to be a vote, and there is no way that my speaking here day and
night can stop it because it is embedded in the basic rules.
However, I can try to come to this floor several times and lay out
these basic arguments and hope to wake up America to what is being
plotted and planned in this Chamber right now. So that is what I am
trying to do. I hope that it will have an impact. I hope that when the
vote comes tomorrow morning after this intervening day--Tuesday being
the intervening day--that my colleagues will say this is just wrong--
stripping from Americans the right to know something 9 out of 10
Americans want, stripping States of the ability to respond to their
citizens' desires, shutting down a single State laboratory in Vermont
when there is no conflict on labels at this point because only one
State is implementing a law.
I hope that they will say: You know what. This should be properly
considered in committee. This bill should be in committee. It should be
given full opportunity when it does come to the floor--and I assume it
would--to be openly amended so that anyone who wants to put forward an
amendment would be able to do so. That is the way the Senate used to
work.
When I was here as an intern in 1976, I was asked to staff the Tax
Reform Act of that year. I sat up in the staff gallery. At that point
there was no television on this floor; therefore, nobody outside this
room could track what was going on. There were no cell phones. There
was no other way to convey what was occurring. So the staff sat up in
the staff gallery, and when a vote was called, you would go down the
staircase to the elevator just outside here. You would meet your
Senator, and you would brief your Senator on the debate that was
happening on that amendment. That is what I did--amendment after
amendment, day after day. Then, as soon as that amendment was voted on,
there would be a group of Senators seeking recognition of the Presiding
Officer, and you would hear everyone simultaneously go, ``Mr.
President,'' because the rule is that the Presiding Officer is supposed
to recognize the very first person he or she hears, and so everyone
tried to be first the moment that an amendment was done, the moment the
vote was announced. Well, with all those people simultaneously seeking
the attention of the Chair, it is really impossible for the Chair to
sort out exactly who is speaking first. So they call on someone on the
left side of the Chamber, and then, when that amendment was done an
hour later--because they would debate it for an hour and hold the vote;
when the vote was done, they called on somebody on the right side of
the Chamber. They worked it back and forth so that everyone got to have
their amendment heard. That is an open amendment process.
I have heard many of my colleagues across the aisle call for that
kind of process when the Democrats were in charge, and I support that
kind of process. I supported it when I was in the majority; I support
it when I am in the minority. Everything I have proposed or talked
about to make this Senate Chamber work better as a legislative body I
have supported consistently, whether I am in the majority or whether I
am in the minority.
So here is the thing. We have the opposite of that right now. We
don't have the Senate of the 1970s, where Senators honor their right to
debate and have an open amendment process. That would really change
this. That would provide an opportunity for all viewpoints to be heard.
We would never have had a cloture motion filed within seconds of the
bill first being put on the floor, and it would have been incredibly
rare for a bill that had not gone through committee to be put on the
floor.
We have to reclaim the legislative process, and right now we don't
have it. So that is a great reason to vote no tomorrow morning. Voting
no tomorrow morning is the right vote if you believe in States' rights.
It is the right vote if you believe in the consumers' right to know,
the citizens' right to know. And it is the right vote if you believe we
shouldn't have a process in this Chamber that just jams through
something for a powerful special interest at the expense of the 9 or 10
Americans who want this information.
So tomorrow, colleagues, let's turn down this insult to the
intelligence of Americans, this assault on States' rights, this
deprivation, this attack on the freedom of our citizens.
Thank you, Mr. President.
The PRESIDING OFFICER. The Senator from Iowa.
Filling the Supreme Court Vacancy
Mr. GRASSLEY. Mr. President, the next Supreme Court Justice could
dramatically change the direction of the Court. And the majority of
this body believes the American people shouldn't be denied the
opportunity to weigh in on this question. We believe there should be a
debate about the role of Supreme Court Justices in our constitutional
system.
With that in mind, I wanted to spend a few minutes discussing the
appropriate role of the Court. Before I turn to that, I wish to note
that the minority leader continues his daily missives on the Supreme
Court vacancy.
[[Page S1492]]
Most of us around here take what he says with a grain of salt. So, I
am not going to waste time responding to everything he says. I will
note that this is what he said in 2005 when the other side was
filibustering a number of circuit court nominations, and a few months
before they filibustered the Alito nomination to the Supreme Court:
The duties of the Senate are set forth in the U.S.
Constitution. Nowhere in that document does it say the Senate
has a duty to give presidential nominees a vote. It says
appointments shall be made with the advice and consent of the
Senate. That is very different than saying every nominee
receives a vote.
With that, I will turn to the appropriate role of a Justice under our
Constitution. Part of what makes America an exceptional Nation is our
founding document. It is the oldest written Constitution in the world.
It created a functioning republic, provided stability, protected
individual rights, and was structured so that different branches and
levels of government can resist encroachment into their areas of
responsibility. A written Constitution contains words with fixed
meanings. The Constitution, and in many ways the Nation, has survived
because we have remained true to those words. And our constitutional
republic is ultimately safeguarded by a Supreme Court that enforces the
Constitution and its text.
Our Constitution creates a republic where the people decide who will
govern them, and by what rules. The Supreme Court can override the
people's wishes only where the Constitution prohibits what the people's
elected officials have enacted. Otherwise, the Court's rulings are
improper. Stated differently, the Justices aren't entitled to displace
the democratic process with their own views. Where the Constitution is
silent, the people decide how they will be governed.
This fundamental feature of our republic is critical to preserving
liberty. The temptation to apply their own views rather than the
Constitution has always lurked among the Justices. This led to the Dred
Scott decision. It led to striking down many economic regulations early
in the last century. And Americans know all too well in recent decades
that the Supreme Court has done this regularly. Justice Scalia believed
that to ensure objectivity rather than subjectivity in judicial
decision-making, the Constitution must be read according to its text
and its original meaning as understood at the time those words were
written.
The Constitution is law, and it has meaning. Otherwise, what the
Court offers is merely politics, masquerading as constitutional law.
Justice Scalia wrote that the rule of law is a law of rules. Law is not
Justices reading their own policy preferences into the Constitution. It
is not a multifactor balancing test untethered to the text. We all know
that Justices apply these balancing tests to reach their preferred
policy results.
The Court is not, and should not, be engaged in a continuing
Constitutional Convention designed to update our founding document to
conform with the Justices' personal policy preference. The Constitution
is not a living document. The danger with any Justice who believes they
are entitled to ``update'' the Constitution is that they will always
update it to conform with their own views. That is not the appropriate
role of a Justice. As Justice Scalia put it, ``The-times-they-are-a-
changin' is a feeble excuse for disregard of duty.''
Now, when conservatives say the role of Justices is to interpret the
Constitution and not to legislate from the bench, we are stating a view
as old as the Constitution itself. The Framers separated the powers of
the Federal Government.
In Federalist 78, Hamilton wrote, ``The interpretation of the laws is
the proper and peculiar province of the courts.'' It is up to elected
representatives, who are accountable to the people, to make the law. It
is up to the courts to interpret it.
These views of the judicial role under the Constitution were once
widely held. But beginning with the Warren Court of the 1960s, the
concept took hold that the Justices were change agents for society.
Democracy was messy and slow. It was much easier for Justices to impose
their will on society in the guise of constitutional interpretation.
Acting as a superlegislature was so much more powerful than deciding
cases by reading the legal text and the record. The view took hold that
a Justice could vote on a legal question just as he or she would vote
as a legislator. Perhaps the Framers underestimated what Federalist 78
called the ``least dangerous branch,'' one that ``can take no active
resolution whatever.'' Since the days of the Warren Court, this
activist approach has been common: striking down as unconstitutional
laws that the Constitution doesn't even address.
Now, to his credit, President Obama has been explicit in his view
that Justices aren't bound by the law. While he usually pays lip
service to the traditional, limited, and proper role of the Court to
decide cases based on law and facts, he is always quick to add that on
the tough cases, a judge should look to her heart or rely on empathy.
The President's empathy standard is completely inconsistent with the
judicial duty to be impartial. Asking a Justice to consider empathy in
deciding cases is asking a Justice to rule based on his or her own
personal notion of right and wrong, rather than law.
As I have said, everyone knows this President won't be filling the
current vacancy. Nonetheless, the President has indicated he intends to
submit a nomination. That is ok. He is constitutionally empowered to
make the nomination. And the Senate holds the constitutional power to
withhold consent, as we will. But as we debate the proper role of the
Court, and what type of Justice the next President should nominate, it
is instructive to examine what the President says he is looking for in
a nominee.
The President made clear his nominee, whoever it is, won't decide
cases only on the law or the Constitution. He wrote that in ``cases
that reach the Supreme Court in which the law is not clear,'' the
Justice should apply his or her ``life experience.''
This, of course, is just an updated version of the same standard we
have heard from this President before. It is the empathy standard. Of
course, a Justice who reaches decisions based on empathy or life
experience has a powerful incentive to read every case as unclear, so
they have a free hand to rely on their life experiences to reach just
outcomes.
The President also said any Justice he would nominate would consider
``the way [the law] affects the daily reality of people's lives in a
big, complicated democracy, and in rapidly changing times. That, I
believe, is an essential element for arriving at just decisions and
fair outcomes.''
With all respect to the President, any nominee who supports this
approach is advocating an illegitimate role for the Court. It is flatly
not legitimate for any Justice to apply his or her own personal views
of justice and fairness.
Perhaps most troubling is the President's statement that any nominee
of his must ``arrive[] at just decisions and fair outcomes.'' That is
the very definition of results-oriented judging. And it flies in the
face of a judge as a fair, neutral, and totally objective decision-
maker in any particular case. A Justice is to question assumptions and
apply rigorous scrutiny to the arguments the parties advance, as did
Justice Scalia.
Under the President's approach, a Justice will always arrive where he
or she started. That isn't judging. That is a super-legislator in a
black robe. In our history, regrettably, we have had Justices who
embraced this conception. Chief Justice Warren was infamous for asking,
``Is it just? Is it fair?'' without any reference to law, when he
voted.
Justice Scalia's entire tenure on the Court was devoted to ending
this misplaced and improper approach. In reality, a Justice is no more
entitled to force another American to adhere to his or her own moral
views or life experiences than any other ordinary American.
Imposition of such personal biases subjects citizens to decrees from
on high that they can't change, except through constitutional
amendment. And those decrees are imposed by officials they can't vote
out of office.
This is not the constitutional republic the Framers created. The
American people deserve the opportunity during this election year to
weigh in on
[[Page S1493]]
whether our next Justice should apply the text of the Constitution, or
alternatively, whether a Justice should rely on his or her own life
experiences and personal sense of right and wrong to arrive at just
decisions and fair outcomes. Senate Republicans will ensure the
American people aren't denied this unique and historic opportunity.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, I listened to what my good friend from Iowa
said about the standards that he is afraid an Obama nominee would
utilize. I note that in the dozens and dozens of cases--probably
hundreds--that Obama nominees have been voted on, my friend from Iowa
did not mention a single case where they applied it to anything but the
law, and I suspect that standard would apply to anybody the President
would nominate.
Now, Mr. President, on another matter, I want to set the record
straight. Contrary to the remarks of the Senate majority leader
yesterday, Vermont has not recently passed a GE food-labeling law. I
mention that because I am old-fashioned enough to like to have things
clear and accurate in this Chamber.
It was in May 2014--nearly 2 years ago--that after 2 years of debate,
more than 50 committee hearings featuring testimony from more than 130
representatives on all sides of the issue, the Vermont Legislature
passed and the Governor of Vermont signed into law a disclosure
requirement for genetically engineered ingredients in foods.
Now, in this body: After one hearing 5 months ago that was only
tangentially related to the issue, and without any open debate on the
floor, the Republican leadership has decided that it knows better than
the State of Vermont. Today we are being asked to tell Vermonters and
constituents in other States with similar laws that their opinion,
their views, and their own legislative process simply doesn't matter
because we can decide on a whim to ignore them. We are actually being
asked to tell consumers that their right to know isn't, frankly, theirs
at all.
I think in my State, in the Presiding Officer's State, and all the
other Senators' States, consumers think they have a right to know. Now
we are telling them: Not so much.
I hear from Vermonters regularly and with growing frequency that they
are proud of Vermont's Act 120. It is a law that simply requires food
manufacturers to disclose when the ingredients they use are genetically
engineered. It doesn't tell them they can't use those ingredients; it
simply says: Consumers have a right to know. Tell us what you are
doing.
Vermonters are concerned and some are actually outraged that the
Congress is trying to roll back their right to know what is in the food
that they give their families. Vermont is not the only State whose laws
are under attack; we just happen to be the State with the fastest
approaching deadline for implementation.
The bill we are considering today is a hasty reaction--a reaction
with no real, open hearing--in response to a 2-year-old law that is set
to finally take effect and doesn't fully take effect until the end of
this year. Instead of protecting consumers and trying to find a true
compromise, this bill continues the status quo and tells the public: We
don't want you to have simple access to information about the foods you
consume. You don't need to know what is in the food. Trust us. We know
better. We, Members of the Senate, know better than you do, so we are
not going to let you know what is going on. It is no wonder that people
get concerned.
Vermont's law and others like it around the country are not an attack
on biotechnology. Vermont's law and others like it merely require
factual labeling intended to inform consumers. All we are saying is, if
you are going to buy something, you ought to know what you are getting.
If you want to buy it, go ahead. Nobody is stopping you. But you ought
to be able to know what is in it.
Producers of food with GE products have nothing to hide. Let's take
Campbell's, which is a multibillion-dollar brand. It is certainly one
of the biggest brands in this country. They are already taking steps to
label their products. They have to do that to comply with similar laws
in other countries. They said: Sure, we will comply, and we will label
our packages.
Our ranking member on the Agriculture Committee, Senator Stabenow,
has had commitments from other CEOs in the food industry who are ready
and able to move ahead with labeling and national disclosure. They
actually know that consumers really care about what they are getting.
Now the U.S. Senate wants to tell those millions of consumers ``You
have no right to know. We are going to block your chance to know, and
we are going to keep you from knowing what is in your food.'' And some
of these large companies are saying that they agree with the consumer.
An asterisk, a symbol, a factual notation on a product label is not
going to send our economy into a tailspin and cause food prices to
spiral out of control.
Again, let's get rid of the rhetoric. I heard some on the floor in
this Chamber argue that Vermont's labeling law will cost consumers an
average of $1,000 more per year on food purchases. Wow. The second
smallest State in the Nation passed a law that simply tells companies
to disclose the ingredients in the food consumers are buying, and
somehow that law is going to cost consumers $1,000 more per year in
food purchases? If the claim wasn't so laughable, we might be able to
ignore it. But we found out where that cost estimate came from. It came
directly from a study paid for by the Corn Refiners Association and is
based on every single food manufacturer in the United States
eliminating GE ingredients from their food. We are not asking anybody
to eliminate anything--this is not what anyone is asking companies or
farmers to do. We are just saying: If I buy something and I am going to
feed it to my children--or in my case, my grandchildren--or my wife and
I are going to eat it, I would kind of like to know what is in it. All
we are asking for is a simple label.
At a time when too much of the national discourse is hyperbolic at
best, why don't we set an example for the rest of the country? Try a
little truth in this Chamber. GE labeling should be the least of our
woes.
In fact, the bill before us today is an attack on another Vermont
law. That law has been on the books for only, well, 10 years. Oh my
God, the sky is falling. It is actually similar to a law that is on the
books in Virginia these are genetically engineered seed labeling laws.
Farmers in both Vermont and Virginia have benefited from this law, and
those selling seed to other States have complied with it. Why preempt
State laws that have worked well for 10 years and with which companies
are already complying? Are we going to do that because one or two
companies that are willing to spend a great deal of money feel
otherwise?
GE labeling is about disclosure. It gives consumers more information,
more choices, and more control on what they feed themselves and their
families. If we hide information from the consumers, we limit a measure
of accountability for producers and marketers.
I don't know what people are trying to hide. Our producers and
marketers in Vermont are proud to showcase not just the quality of
their products but the methods by which they are produced. We are not
blocking our markets to anybody, whether it is GE foods or otherwise.
If it works, we ought to give people a choice. Why have 100 people here
say: Oh no, we know better than all of you.
I am a proud cosponsor of Senator Merkley's bill. It provides for a
strong national disclosure standard. It would give manufacturers a
whole variety of options to disclose the presence of GE ingredients in
their food, and they can pick and choose how they do it.
I am equally grateful to Senator Stabenow. She has fought hard to
negotiate a pathway toward a national disclosure standard. We should
not move forward with this bill without an open and full debate. We
shouldn't just say to consumers throughout the country: We know better
than you.
I am not going to support any bill that takes away the right of
Vermont or any State to legislate in a way that advances consumer
awareness. If we don't want to have a patchwork of State disclosure
laws, then let's move
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in the direction of setting a national mandatory standard. Some of the
biggest food companies in this country are moving forward and complying
with Vermont's law.
This week is Sunshine Week, so let's hope the Senate rejects efforts
to close doors and not let the American public know what is in their
food. I hope they will oppose advancing this hastily crafted
legislation and work towards a solution that actually lets the
consumers in Texas, Iowa, Vermont, or anywhere else know what is in
their food.
I see the distinguished majority deputy leader on the floor. I have
more to say, but I will save it for later.
The PRESIDING OFFICER. The Senator from Iowa.
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