Accuracy of Codex representations& official Documentation

[Guest guest]

Hi Christna,

You raise a challenging question and it deserves some reply. I

cite official sources with ONE exception-Alliance for Natural Health the

lead organization bringing a lawsuit to challenge the EU Food Supplement

Directive in the European Court of Justice. The next codex meeting is on their

official website: The codex Alimentarius Commission meeting July 4 to July 9

in

Rome, Italy. _http://www.codexalimentarius.net/web/current.jsp?lang=en_

(http://www.codexalimentarius.net/web/current.jsp?lang=en)

The FDA and those elements of the Dietary Supplement Industry that has been

co-opted or bought out by the pharmaceutical industry say there is no problem

here. Your right to buy supplements is safe under US law. BUT...

See _http://vm.cfsan.fda.gov/~lrd/gmp-insp.html_

(http://vm.cfsan.fda.gov/~lrd/gmp-insp.html) As specified in the FDA

Modernization Act of 1997 " FDAMA " ,

the agency " will move toward the acceptence of Mutual Recognition Agreements

relating to the regulation of Good Manufacturing Practices between the EU and

the USA. Under FDAMA the agency will regularly participate in meetings with

representatives of other foreign governments to discuss and reach agreement

on methods and approaches to harmonize regulatory requirements. " (Pub. L.

105-115 410©(2) and (3), 21 U.S.C. 383©(2)and (3).

Please go to _http://www.fda.gov/ola/1997/319.html_

(http://www.fda.gov/ola/1997/319.html) to see the speech of A.

Friedman, then acting

Commissioner of the FDA, made before the Senate Labor Committee on March 17,

1997 .

[if this link won't work for any reason, go to

_http://www.fda.gov/search.html_ (http://www.fda.gov/search.html) and enter the

search terms " Codex

Standards, International Harmonization " Then scroll down til you find " Testimony

of

A. Friedman " which was published in the FDA/CFSAN Federal Register 62

FR 36243 July 7, 1997.

In it Friedman stated: " FDA plans to amend its regulations and procedures for

consideration of standards adopted by CODEX. This action is being taken to

provide for the systematic review of CODEX STANDARDS in order to enhance

consumer protection, promote international harmonization and fulfill the

obligations of the United States under international agreements. "

(He's referring to the Sanitary Phytosanitary Measures Agreement, (SPS), TBT

and other numerous so called " Mutual Recognition Agreements " signed under

NAFTA and the WTO by a Congress that never read any of the fine print.

See: DSHEA UNDER ATTACK BY IOM AT NATIONAL ACADEMY OF SCIENCE

_http://www.alliance-natural-health.org/index.cfm?action=news & ID=131_

(http://www.alliance-natural-health.org/index.cfm?action=news & ID=131)

Even the FDA webpage on Codex revised in July 2004 has stated that one goal

of our participation in Codex is to harmonize our laws to the international

standard or we will face severe economic consequences. This is in complete

violation of the provision of the FDA Modernization Act of 1997 that was

inserted to PROHIBIT FDA codex delegate from taking a position at the Codex

meetings

to harmonize our dietary supplement laws to the international standard (A

provision which got inserted into the law, before he lost his credibility

with the legislators) See below:

_http://www.cfsan.fda.gov/~comm/int-laws.html_

(http://www.cfsan.fda.gov/~comm/int-laws.html)

As to the WHO now establishing " Safe Upper Limits " on vitamins see

WHO's " Risk Assessment Project " to fill in the blanks at Codex is being

spearheaded by -, PhD who is " on loan " to WHO from the FDA.

_http://www.who.int/ipcs/highlights/nutrientraproject/en/_

(http://www.who.int/ipcs/highlights/nutrientraproject/en/)

has selected a dozen people out of more than 600 applicants to

participate in a " workshop " to be held in an as yet undisclosed location, on an

as

yet undisclosed date in May- somewhere in Europe- (most likely Geneva or

Rome.) Attempts to learn who will be on the selection committee via

conversations

with have been met with stony silence.

Actual text of the EU Food Supplement Directive-Note the " positive list " that

will be allowed after August 2005 is in the Appendix after the text--not

very many.

_http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc &

lg=en & numdoc=32002L0046 & model=guichett_

(http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc & lg\

=en & numdoc=32002L0046 & model=guichett

)

This is very well documented.But legal opinions vary.It sure looks ominous to

me.But since it is so complicated with international laws overriding

domestic laws, it sounds far off and definitely contingent on future events

happening. Unfortunately the bureaucrats in charge are more influenced by big

pharma

than us. The largest financial contributor to the World Health Organization

budget is the PHARMACEUTICAL INDUSTRY!! The best regulations money can buy are

the likely result. But I am constrained to say LIKELY and other people can

say oh, he is just a fear monger, scaring people, whereas FDA, the same FDA

that now allows Celebrex and Bextra to be sold and encorages Merck to

reconsider its withdrawal of Vioxx is going to protect our health and right to

supplements---PLEASE.

arnold