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CODEX. CODEX Vitamin & Mineral Guidelines PASSED!. International Guidelines for Trade Vitamins and Minerals. CODEX ALIMENTARIUS. 1. Ancient “to protect consumers from dishonest practices in the sale of food” Codex Website 2005. CODEX ALIMENTARIUS. 3. Codex Alimentarius Austriacus

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codex
CODEX

NHFA 2005

codex vitamin mineral guidelines passed
CODEX Vitamin & Mineral GuidelinesPASSED!

International Guidelines for Trade

Vitamins and Minerals

NHFA 2005

codex alimentarius
CODEX ALIMENTARIUS

1. Ancient

“to protect consumers from dishonest practices in the sale of food”

Codex Website 2005

NHFA 2005

codex alimentarius4
CODEX ALIMENTARIUS

3. Codex Alimentarius Austriacus

Austro-Hungarian 1911

“to determine standards of identity for specific foods.”

Codex Website 2005

NHFA 2005

codex alimentarius5
CODEX ALIMENTARIUS

5. 1940’s - Consumer Concerns

“…protect consumers from poor quality and hazardous foods.”

NHFA 2005

slide6
FAO

6. 1961 – World Concerns

FAO steps in for

world food safety

NHFA 2005

slide7
FAO

United Nations

Food and Agricultural Organization

NHFA 2005

slide8
FAO

Desire for international agreement

“on minimum food standards…”

NHFA 2005

slide9
1961

FAO Establishment of Codex Alimentarius Commission

  • Protecting the consumer’s health

- Ensuring quality

- Reducing trade barriers

NHFA 2005

codex alimentarius10
CODEX ALIMENTARIUS

Historically -Visible

Underweight contents

Size variations

Misleading labeling

Poor quality

NHFA 2005

codex alimentarius11
CODEX ALIMENTARIUS

Science based - Invisible Alarm

micro-organisms

pesticide residues

environmental contaminants

food additives

NHFA 2005

slide12
WHO

United Nations

World Health Organization

NHFA 2005

slide13
WHO

“… with the goal of developing sustainable, integrated food safety systems for the reduction of health risk along the entire food chain, from the primary producer to the consumer”.

[1] WHA Resolution 53.15, 2000. [1] Weekly Epidemiological Record, 2004, 79, 173-180, No. 18, April 30. http://www.who.int/wer.

NHFA 2005

slide14
1963

Established

Joint Program

FAO and WHO

Codex Alimentarius Commission

NHFA 2005

fao who
FAO/WHO

Dual Goals

Broad Jurisdiction

. Protecting the health of consumers

. Ensuring fair practices in food trade

NHFA 2005

codex alimentarius16
CODEX ALIMENTARIUS

172 Countries

Desire to Harmonize

Voluntarily

NHFA 2005

harmonization concept
HARMONIZATION CONCEPT

“The harmonization of food standards is generally viewed as a prerequisite to the protection of consumer health as well as allowing the fullest possible facilitation of international trade.”

Codex website 2005

NHFA 2005

harmonization promoted
HARMONIZATION PROMOTED

“…the Uruguay Round Agreements on the Application of Sanitary and Phytosanitary Measures (SPS) and Technical Barriers to Trade (TBT) both encourage the international harmonization of food standards.”

Codex Website 2005

NHFA 2005

codex comments why the progress of harmonization is impeded
CODEX COMMENTSWHY THE PROGRESS OFHARMONIZATION IS IMPEDED

-Different legal and administrative systems

-Varying political power systems

-National attitudes and concepts of sovereign rights

Codex Website 2005

NHFA 2005

uruguay round agreements
Uruguay Round Agreements

1994 WTO

WORLD TRADE ORGANIZATION

SPS & TBT Agreements

NHFA 2005

wto 1994
WTO - 1994

Independent Trade Organization

-

Member Countries Join by Contract

-

Enforceable by Dispute Resolution Body

NHFA 2005

wto codex
WTO  Codex

WTO Agreements refer to Codexas the international standard to be used by WTO members for trading goods.

NHFA 2005

slide23
WTO

Majority of WTO members

are

Codex Alimentarius members

NHFA 2005

slide24
WTO

Will WTO be a vehicle for the enforcement of Codex?

NHFA 2005

regional trade agreements
Regional Trade Agreements

Will other regional trade agreements such as CAFTA andNAFTA point to Codex and affirm the enforcement of Codex standards or guidelines?

NHFA 2005

eu food supplements directive
EU Food SupplementsDirective

Will Codex adopt a positive list approach and ban everything else like the EU FSD tried to do?

NHFA 2005

health freedom principles
HEALTH FREEDOM PRINCIPLES

Freedom of access for health-seekers

Freedom to practice all healing methods

Regulate by the least restrictive means

NHFA 2005

samples of health freedom responses
SAMPLES OFHealth Freedom Responses

-Ask WTO for a formal opinion re enforcement

-Work to strengthen national US laws

-Challenge UN/FAO/WHO jurisdiction

NHFA 2005

codex guidelines passed
Codex GuidelinesPassed

Final Codex Guidelines

Approved by Commission

Italy July 4, 2005

NHFA 2005

freedom infringements
Freedom Infringements

Core Problem

Disregard for Over-breadth

NHFA 2005

freedom alert
Freedom Alert

Conceptual Merger

FAO + WHO

NHFA 2005

fao commodities law
FAO COMMODITIES LAW

FAO Food Safety

NHFA 2005

who people law
WHO PEOPLE LAW

WHO People Health

NHFA 2005

merger
MERGER

Regulation

Food+People ( how they use food )

NHFA 2005

different burdens of proof
DIFFERENT BURDENS OF PROOF

Regulating Nutritious Food

Regulating Toxic Substances

Regulating People

NHFA 2005

burdens of proof
Burdens of Proof

Government must show there is imminent risk of significant public harm before regulating

vs.

People must show that it is safe or has benefit before acting

NHFA 2005

nutrients and food
Nutrients and Food

Government must show that there is an imminent risk of significant harm before prohibiting

Example: DSHEA

NHFA 2005

toxins drugs
Toxins/Drugs

Manufacturers must show that it is safe to distribute or has benefit that outweighs the risk before distributing

Example: Ampicillin

NHFA 2005

people
People

Government must show that a person will cause an imminent risk of public harm

Example: Contagious Disease

Except…..!!!!!!!!

NHFA 2005

before regulating people
BEFORE REGULATING PEOPLE

Government MUST consider:

Fundamental rights

Freedom of self-determination

National sovereignty

Human rights

Cultural diversity

Right to fairness and due process

Least restrictive means of regulation

NHFA 2005

people health freedoms
PEOPLE HEALTH FREEDOMS

Educate Freedom of Speech

Pray Freedom of Religion

Sell Commerce Law

Recommend Freedom of Speech

Use Self-determination

Refuse Self-determination

NHFA 2005

least restrictive means
LEAST RESTRICTIVE MEANS

Examples:

Voluntary vs. Mandatory

Treatment vs. Isolation

Exemptions with conditions

NHFA 2005

watching for merger power
Mixing

“food law”

and

“people law”

Freedom Alert!

Watching for merger power

NHFA 2005

codex guidelines see merger power
“ These Guidelines apply in those jurisdictions where products defined in 2.1 are regulated as foods.”

Draft Guidelines for Vitamin and Mineral Food Supplements

People:

Some countries consider vitamins and minerals to be food, others don’t.

CODEX GUIDELINESSee merger power

NHFA 2005

codex guidelines freedom infringing language
“ Most people who have access to a balanced diet can usually obtain all the nutrients they require from their normal diet.”

(underline added)

Draft Guidelines for Vitamin and Mineral Food Supplements

People DOGMA:

There is a proper “balanced” way to get nutrients which is considered “normal”

CODEX GUIDELINESFREEDOM INFRINGING LANGUAGE

NHFA 2005

codex guidelines freedom infringing language46
“ Because foods contain many substances that promote health, people should therefore be encouraged to select a balanced diet from food before considering any vitamin and mineral supplement.” (underline added)

Draft Guidelines for Vitamin and Mineral Food Supplements

People DOGMA

Does this mean Vitamins and Minerals are not really food?

CODEX GUIDELINESFREEDOM INFRINGING LANGUAGE

NHFA 2005

codex guidelines freedom infringing language47
“Vitamin and mineral food supplements should contain vitamins/ provitamins and minerals whose nutritional value for human beings has been proven by scientific data and whose status as vitamins and minerals is recognized by FAO and WHO.” (underline added)

Draft Guidelines for Vitamin and Mineral Food Supplements

People Violation

Burden of proof shifting with “should”

No preliminary and mandatory showing of imminent risk of significant harm.

CODEX GUIDELINESFREEDOM INFRINGING LANGUAGE

NHFA 2005

codex guidelines freedom infringing language48
“Maximum amounts of vitamins and minerals in vitamin and mineral food supplements per daily portion of consumption as recommended by the manufactures shall be set, taking the following criteria into account: (underline added)

Draft Guidelines for Vitamin and Mineral Food Supplements

People Violation

Burden of proof shifted from government to manufacturers

No preliminary and mandatory showing of imminent risk of harm.

CODEX GUIDELINESFREEDOM INFRINGING LANGUAGE

NHFA 2005

codex guidelines freedom infringing language49
“(a) upper safe levels of vitamins and minerals established by scientific risk assessment based on generally accepted scientific data, taking into consideration, as appropriate, the varying degrees of sensitivity f different consumer groups:” (underline added)

Draft Guidelines for Vitamin and Mineral Food Supplements

People Violation

Conventional science above

people’s choice,

Government has not first proven risk of significant harm.

CODEX GUIDELINESFREEDOM INFRINGING LANGUAGE

NHFA 2005

freedom alert50
FREEDOM ALERT!

Maximum Amounts of Vitamins and MineralsShall Be Set !

Upper safe levels…

established by scientific risk assessment!

NHFA 2005

rational for risk assessment
Rational for Risk Assessment

EXPORTS

Countries cannot block imports coming in that are equal to or less than Codex limits. They also cannot set maximum limits for importation of lower than Codex amounts such as the lower RDA values.

FREEDOM ALERT! WHAT ABOUT NO UPPER LIMITS ?

NHFA 2005

rational for risk assessment52
Rational for Risk Assessment

IMPORTS

RDA can no longer be used to set maximum limit a country will allow to be imported.

A product cannot be blocked from importation if it contains equal to or less than the Codex limits.

FREEDOM ALERT! WHAT ABOUT NO UPPER LIMITS ?

NHFA 2005

freedom alert53
FREEDOM ALERT!

No rational for upper limits on food!

  • Low RDA
  • Mandatory Risk Assessment
  • No Upper Limits

Burden of Proof shifting

AT THE PRICE OF FREEDOM

NHFA 2005

freedom demand
FREEDOM DEMAND!

Freedom Demand: On behalf of the people, no upper limits shall be placed on amounts of food content in products being traded where a food has not been shown by a government by clear and convincing evidence to cause imminent and significant harm to the public.

Burden of Proof remains with the government

FREEDOM OF ACCESS!

NHFA 2005

alliance for natural health dr robert verkerk bsc msc dic phd
Alliance for Natural HealthDr. Robert Verkerk BSc MSc DIC PhD

“11.2 There is no evidence that they [food supplements] pose more risk than foods, in fact, existing evidence suggests they pose significantly less risk to humans than foods….As such, from a risk management viewpoint, it is rational to treat food supplements in a more similar manner to conventional foods, rather than as synthetic food additives, environmental chemicals, or medicinal products.”

FAO/WHO nutrient risk assessment project. ANH submission. December 2004

NHFA 2005

alliance for natural health dr robert verkerk bsc msc dic phd56
Alliance for Natural HealthDr. Robert Verkerk BSc MSc DIC PhD

“3.1.3 Science-based risk assessment cannot be justified for a large number of nutrient forms where; a) nutrients are known to be safe even when consumed in high dosages, and; b) there is no evidence that the nutrient form has caused any significant adverse effects in a population despite the fact that they are consumed by hundreds of millions of people around the world on a daily basis….”

FAO/WHO nutrient risk assessment project. ANH submission. December 2004

NHFA 2005

burden of proof
Burden of Proof

Food – burden ongovernment

People – burden ongovernment

Toxins/Drugs – burden onmanufacturers

NHFA 2005

codex burden
CODEX BURDEN

Should Be:

Food – burden ongovernment

People – burden ongovernment

NHFA 2005

consumers want
Consumers Want

Purity – No Adulteration

Quality – No spoilage or diminished value

NHFA 2005

consumers want60
Consumers Want

NO TOXINS

Toxic chemicals and chemical residues

Toxic food additives

Toxic Pesticides and Fertilizers

Toxic Pathogens

Toxic ingredients and preservatives

NHFA 2005

consumers want61
Consumers Want

Content Verification

NHFA 2005

consumers want62
Consumers Want

Safe Packaging

Safe Shipping Environment

NHFA 2005

consumers want63
Consumers Want

Truthful Labeling

Significant Facts that Impact Choice

Non-misleading labeling

NHFA 2005

consumers want64
Consumers Want

Warnings

When probable cause shows need.

NHFA 2005

consumers want65
Consumers Want

Maximized Options

NHFA 2005

consumers don t want
Consumers Don’t Want

Consumers do not want their access to foods that they desire or foods that they need limited or blocked.

NHFA 2005

italy 2005
ITALY 2005

Which countries stood up during the floor debates at Codex and spoke to health freedom?

NHFA 2005

china at codex italy 2005
China at CodexITALY 2005

China stated that every government in making decisions about vitamins and minerals should take into account the dietary limitations of their own countries, that governments can select vitamins and minerals according to the customs and habits of their country. China also pointed out that there should be definitions of the sources of vitamins.

NHFA 2005

italy 200569
ITALY 2005

Which NGO stood up during the floor debates at Codex and spoke to health freedom?

NHFA 2005

nhf at codex italy 2005
NHF at CodexITALY 2005

NHF - National Health Federationrequested the guidelines not be adopted but rather be sent back to committee for 3 important reasons. First, according to Codex rules a "purpose" statement must be part of all guidelines adopted and the Vitamin and Mineral guidelines did not contain a purpose. Secondly, the guidelines did not define vitamin and mineral and therefore it is unclear as to what is being regulated. And lastly, that the Chinese comments were substantive and according to Codex rules on page 27 of the procedural manual, a substantive amendment request should be addressed at the committee level

NHFA 2005

after italy
After Italy

WHO - World Health Organization presented Lim 6 –“Implementation of the WHO Global Strategy on Diet, Physical Activity and Health: Action that Could be Taken by Codex” (CAC/28 LIM/6):

NHFA 2005

leaders representing you
Leaders Representing YOU!

We need to be at the table long term if we plan to make a difference and protect health freedom.

NHFA 2005

congressmen women hoodwinked
Congressmen/women Hoodwinked!

They say don’t worry about Codex because it is just international!

BUT

Then they say they are going to vote for H.R. 3156 because Dietary Supplements are dangerous!

NHFA 2005

you can make a difference
You Can Make a Difference!

Send A Clinton Miller One Page Fax to your Congressman!

NHFA 2005

hr 3156
HR 3156

The Dietary Supplement Act (DSHEA)

Is Under Attack!

NHFA 2005

hr 3156 section 1
HR 3156 - Section 1.

It has a misleading clever title.

Dietary Supplement Access and Awareness Act.

NHFA 2005

hr 3156 section 2
HR 3156 – Section 2.

It calls for new laws

- product listing

- reporting

- post market surveillance

- and changing safety responsibilities

NHFA 2005

h r 3156 section 2
H.R. 3156 – Section 2.

It treats herbs and amino acids as

RISKY DRUGSinstead ofNUTRIENT FOODS

that are generally regarded as safe!

NHFA 2005

hr 3156 section 279
HR 3156 – Section 2.

It could ban a product when there is “even a relatively small risk…”

NHFA 2005

hr 3156 section 280
HR 3156 – Section 2.

Instead of the U.S. government needing to prove harm

----

Manufacturers would have to prove it is not harmful

NHFA 2005

hr 3156 section 3
HR 3156 – Section 3. $$$

Calls for 10 million dollars

5 million targeting health care professionals

5 million targeting consumers

NHFA 2005

hr 3156 section 382
HR 3156 Section 3. $$

5 million targeting health care professionals

“on the importance of reporting adverse health experiences to the FDA”

NHFA 2005

hr 3156 section 383
HR 3156 –Section 3. $$

5 million targeting consumers

- educating consumers on the importance of informing their health professionals of the dietary supplements and drugs they are taking.

NHFA 2005

hr 315684
HR 3156

Sign and Send Your One Page Fax!

NHFA 2005

fundamental right
Fundamental Right

“Health freedom is a fundamental natural right of survival and personal sovereignty. Such a profound gift must be forever protected and maintained by all peoples in relationship with each other and together, honoring our interdependence, while holding sacred our individual cultures, spirits, and intentions.”

Diane M. Miller JD

NHFA 2005

national health freedom coalition a 501 c 3 educational nonprofit organization
NATIONAL HEALTH FREEDOM COALITIONA 501(c) 3 Educational Nonprofit Organization

NATIONAL HEALTH FREEDOM ACTION

A 501 (c ) 4 Lobbying Organization

PMB 218, 2136 Ford Parkway, St. Paul, MN 55116-1863

www.nationalhealthfreedom.org, E-mail: [email protected]

651-690-0732

NHFA 2005

national health freedom coalition
National Health Freedom Coalition

We promote access to all health care information, services, treatments and products that the people deem beneficial for their own health and survival; we promote an understanding of the laws and factors impacting the right to access; and we promote the health of the people of this nation.

PMB 218, 2136 Ford Parkway, St. Paul, MN 55116-1863

Phone: 651-690-0732 Fax: 651-699-8306 www.nationalhealthfreedom.org ,

NHFA 2005

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