Copyright Feb. 2005 NHFA1 CODEX. 2 HEALTH FREEDOM PRINCIPLES Freedom of access for health-seekers...

Copyright Feb. 2005 NHFA 1

CODEXCODEX


HEALTH FREEDOM HEALTH FREEDOM PRINCIPLESPRINCIPLES

Freedom of access for health-seekersFreedom of access for health-seekers

Freedom to practice all healing methodsFreedom to practice all healing methods

Regulate by the least restrictive meansRegulate by the least restrictive means


CODEX ALIMENTARIUSCODEX ALIMENTARIUS

AncientAncient

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

Codex Website 2005Codex Website 2005



1919thth Century Science Century Science

“…“…disclosing dishonest disclosing dishonest practices in the sale practices in the sale of food and to distinguish between safe of food and to distinguish between safe

and unsafeand unsafe edible products.” edible products.”




Codex Alimentarius AustriacusCodex Alimentarius AustriacusAustro-Hungarian 1911Austro-Hungarian 1911

““to determine to determine standards of identitystandards of identity for for specific foods.”specific foods.”




1900 Trade Concerns1900 Trade Concerns

Pressure to harmonize to facilitate Pressure to harmonize to facilitate ““trade in safe foods of a defined trade in safe foods of a defined

qualityquality.”.”



1940’s Consumer Concerns1940’s Consumer Concerns

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



Historically -Historically -VisibleVisible

Underweight contentsUnderweight contentsSize variationsSize variationsMisleading labelingMisleading labelingPoor qualityPoor quality



Science based - Science based - Invisible AlarmInvisible Alarm

micro-organismsmicro-organismspesticide residuespesticide residuesenvironmental contaminantsenvironmental contaminantsfood additivesfood additives


FAOFAO

United NationsUnited Nations

Food and Agricultural OrganizationFood and Agricultural Organization


FAO FAO TO THE RESCUE 1961TO THE RESCUE 1961

Desire for international agreement Desire for international agreement

““on minimum food standardson minimum food standards…”…”


1960 1960 FAO Establishment of FAO Establishment of

Codex Alimentarius Codex Alimentarius CommissionCommission

- Protecting the consumer’s health- Protecting the consumer’s health

- Ensuring quality- Ensuring quality

- Reducing trade barriers- Reducing trade barriers


WHOWHO

United NationsUnited Nations

World Health OrganizationWorld Health Organization


WHOWHO

“… “… with the goal of developing with the goal of developing sustainable, integrated food safety sustainable, integrated food safety systems for the reduction of health systems for the reduction of health

risk along the entire food chain, risk along the entire food chain, from the primary producer to the from the primary producer to the

consumerconsumer”.”.

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


19631963Establishment of Establishment of

Joint FAO/WHO Food Joint FAO/WHO Food Standards ProgrammeStandards Programme

WHO Adopted FAO statutes of theWHO Adopted FAO statutes of the

Codex Alimentarius CommissionCodex Alimentarius Commission


CODEX ALIMENTARIUSCODEX ALIMENTARIUSFAO/WHOFAO/WHO

FAO/WHO Dual GoalsFAO/WHO Dual GoalsBroad JurisdictionBroad Jurisdiction

. Protecting the health of consumers. Protecting the health of consumers

. Ensuring fair practices in food trade. Ensuring fair practices in food trade


CODEX ALIMENTARIUSCODEX ALIMENTARIUSFAO/WHOFAO/WHO

172 Countries172 Countries

Desire to HarmonizeDesire to Harmonize

VoluntarilyVoluntarily


HARMONIZATION HARMONIZATION CONCEPTCONCEPT

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

Codex website 2005Codex website 2005


CODEX COMMENTSCODEX COMMENTS

WHY THE PROGRESS OFWHY THE PROGRESS OFHARMONIZATION IS IMPEDEDHARMONIZATION IS IMPEDED

-Different legal and administrative systems-Different legal and administrative systems

-Varying political power systems-Varying political power systems

-National attitudes and concepts of -National attitudes and concepts of sovereign rightssovereign rights



HARMONIZATION HARMONIZATION PROMOTEDPROMOTED

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



Uruguay Round Uruguay Round AgreementsAgreements

(SPS) AND (TBT)(SPS) AND (TBT)

1994 WTO1994 WTO

WORLD TRADE ORGANIZATIONWORLD TRADE ORGANIZATION


WTO - 1994WTO - 1994

Independent Trade OrganizationIndependent Trade Organization

--

Member Countries Join by ContractMember Countries Join by Contract

--

Enforceable by Dispute Resolution BodyEnforceable by Dispute Resolution Body


WTO WTO

Enforceable by Dispute Resolution BodyEnforceable by Dispute Resolution Body

Case by CaseCase by Case

trade resolutions and trade sanctionstrade resolutions and trade sanctions


WTO WTO Codex Codex

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


WTOWTO

Majority of WTO members Majority of WTO members

are are

Codex Alimentarius membersCodex Alimentarius members


WTO WTO

Will WTO be a Will WTO be a vehiclevehicle for the for the enforcement of Codex?enforcement of Codex?


Regional Trade Regional Trade AgreementsAgreements

Will other regional trade agreements Will other regional trade agreements such as such as NAFTANAFTA point to Codex and point to Codex and

enforce Codex standards or enforce Codex standards or guidelines?guidelines?


EU EU Food Food

SupplementsSupplementsDirectiveDirective

Will Codex adopt a positive list Will Codex adopt a positive list approach and ban everything else approach and ban everything else

like the like the EU FSDEU FSD??


SAMPLES OFSAMPLES OFHealth Freedom Health Freedom

ResponsesResponses-Ask WTO for a formal opinion re enforcement-Ask WTO for a formal opinion re enforcement

-Work to strengthen national US laws-Work to strengthen national US laws

-Bind together with neighboring countries-Bind together with neighboring countries

-Challenge UN/FAO/WHO jurisdiction -Challenge UN/FAO/WHO jurisdiction

-Challenge Codex language and intent as to use-Challenge Codex language and intent as to use


Challenging Challenging CodexCodex

Approaching Step 8Approaching Step 8

Final Codex Commission ApprovalFinal Codex Commission Approval

Italy July 4-7, 2005Italy July 4-7, 2005


Challenging Challenging CodexCodex

Sample:Sample: Health Freedom Goals Health Freedom Goals

Send back to German Chaired Committee Step 5Send back to German Chaired Committee Step 5

Overturn EU Food Supplements DirectiveOverturn EU Food Supplements Directive

Revise language of Vitamins and Minerals GuidelinesRevise language of Vitamins and Minerals Guidelines

Move to make jurisdiction of Committee more narrowMove to make jurisdiction of Committee more narrow


Deeper Look at Deeper Look at Freedom Freedom

InfringementsInfringements

Core ProblemCore Problem

Disregard for Disregard for Over-breadthOver-breadth


Freedom AlertFreedom Alert

Conceptual MergerConceptual Merger

FAO FAO ++ WHO WHO


Freedom AlertFreedom Alert

FAO FAO WHO WHO


FAO FAO COMMODITIES LAWCOMMODITIES LAW

Food SafetyFood Safety


WHO WHO PEOPLE LAWPEOPLE LAW

People HealthPeople Health


MERGERMERGER

RegulationRegulation

FoodFood ++ PeoplePeople ( how they use food ) ( how they use food )


DIFFERENT DIFFERENT BURDENS OF PROOFBURDENS OF PROOF

Regulating SubstancesRegulating Substances

Regulating PeopleRegulating People


Burdens of ProofBurdens of Proof

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

vs.vs.

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


FoodFood

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

before prohibitingbefore prohibiting

Example: DSHEAExample: DSHEA


Toxins/DrugsToxins/Drugs

Manufacturers must show that it is Manufacturers must show that it is safe to distribute or has benefit that safe to distribute or has benefit that

outweighs the risk before outweighs the risk before distributingdistributing

Example: AmpicillinExample: Ampicillin


PeoplePeople

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

Example: Contagious DiseaseExample: Contagious Disease

Except…..!!!!!!!!Except…..!!!!!!!!


BEFORE REGULATING BEFORE REGULATING PEOPLEPEOPLE

Government MUST consider:Government MUST consider:Fundamental rightsFundamental rightsFreedom of self-determinationFreedom of self-determinationNational sovereigntyNational sovereigntyHuman rightsHuman rightsCultural diversityCultural diversityRight to fairness and due processRight to fairness and due processLeast restrictive meansLeast restrictive means of regulation of regulation


PEOPLE HEALTH FREEDOMSPEOPLE HEALTH FREEDOMS

EducateEducate Freedom of SpeechFreedom of Speech

PrayPray Freedom of ReligionFreedom of Religion

SellSell Commerce LawCommerce Law

RecommendRecommend Freedom of SpeechFreedom of Speech

UseUse Self-determinationSelf-determination

RefuseRefuse Self-determinationSelf-determination


LEAST LEAST RESTRICTIVE MEANSRESTRICTIVE MEANS

Examples:Examples:

Voluntary Voluntary vs.vs. Mandatory Mandatory

Treatment Treatment vs.vs. Isolation Isolation

Exemptions Exemptions withwith conditions conditions


Watching for merger Watching for merger powerpower

Watch Codex language Watch Codex language mixingmixing

““food law”food law”and and

““people law”people law”

Freedom Freedom Alert!Alert!


CODEX GUIDELINESCODEX GUIDELINESWatching for merger Watching for merger

powerpower

“ “ These Guidelines apply in These Guidelines apply in those jurisdictions where those jurisdictions where products defined in 2.1 are products defined in 2.1 are regulated as foods.”regulated as foods.”

Draft Guidelines for Vitamin and Mineral Food SupplementsDraft Guidelines for Vitamin and Mineral Food Supplements

About People:About People:

Some countries consider Some countries consider vitamins and vitamins and

minerals to be food, minerals to be food, others don’t.others don’t.


CODEX GUIDELINESCODEX GUIDELINESFREEDOM INFRINGING LANGUAGEFREEDOM INFRINGING LANGUAGE

“ “ MostMost people who have people who have access to a access to a balancedbalanced diet diet can can usuallyusually obtain obtain allall the the nutrients nutrients they require they require from from their their normalnormal diet.” diet.”

(underline added)(underline added)

Draft Guidelines for Vitamin and Mineral Food Supplements Draft Guidelines for Vitamin and Mineral Food Supplements

People DOGMA:People DOGMA:

There is a proper There is a proper “balanced” way to get “balanced” way to get

nutrients which is nutrients which is considered “normal”considered “normal”



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


People DOGMAPeople DOGMA

Food promotes health and Food promotes health and

people should eat people should eat foods for health foods for health reasons, before reasons, before vitamins and vitamins and

minerals. minerals. Does this Does this mean they are not mean they are not

really food?really food?



““Vitamin and mineral food Vitamin and mineral food supplements supplements should containshould contain vitamins/ provitamins and vitamins/ provitamins and minerals whose nutritional value minerals whose nutritional value for human beings for human beings has been has been provenproven by scientific data and by scientific data and whose status as vitamins and whose status as vitamins and minerals minerals is recognizedis recognized by FAO by FAO and WHO.” and WHO.” (underline added)(underline added)


People People Violation Violation

Burden of proof Burden of proof shifting with shifting with

“should”“should” from from government to government to manufacturers manufacturers based on people based on people

dogma dogma

No preliminary and No preliminary and mandatory showing mandatory showing by the regulator of by the regulator of imminent risk of imminent risk of significant harm.significant harm.



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


People People ViolationViolation

Burden of proof Burden of proof shifted shifted from government to from government to manufacturers based manufacturers based

on people dogma on people dogma

No preliminary and No preliminary and mandatory showing by mandatory showing by

the regulator of the regulator of imminent risk of harm.imminent risk of harm.



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


People People ViolationViolation

Conventional scienceConventional science aboveabove

people’s choice, people’s choice,

when government has when government has not first proven risk not first proven risk of significant harm.of significant harm.


Maximum Amounts of Vitamins and Maximum Amounts of Vitamins and MineralsMinerals

Shall Be Set !Shall Be Set !

Upper safe levels…Upper safe levels…

established by scientific risk assessment!established by scientific risk assessment!

FREEDOM ALERT!FREEDOM ALERT!


Rational for Risk AssessmentRational for Risk Assessment

EXPORTSEXPORTS

Goal Goal Countries are able to export products with content equal to or less than Countries are able to export products with content equal to or less than Codex limits and not be confined to a lower limit of RDA amounts.Codex limits and not be confined to a lower limit of RDA amounts.

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

FREEDOM ALERT! FREEDOM ALERT! WHAT ABOUT NO UPPER LIMITS ?WHAT ABOUT NO UPPER LIMITS ?


Rational for Risk AssessmentRational for Risk Assessment

IMPORTSIMPORTSGoal Goal

Countries are assured that any products being imported only contain Countries are assured that any products being imported only contain equal to or less than the amount of Codex limits.equal to or less than the amount of Codex limits.

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

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

FREEDOM ALERT! FREEDOM ALERT! WHAT ABOUT NO UPPER LIMITS ?WHAT ABOUT NO UPPER LIMITS ?


FREEDOM ALERT!FREEDOM ALERT!No rational for upper limits on No rational for upper limits on

food!food!

Freedom of Choice and No Upper LimitsFreedom of Choice and No Upper Limits …is …is getting BURIED by those who focus on the getting BURIED by those who focus on the contrast between the RDA limits and the new contrast between the RDA limits and the new mandated Risk Assessment limits.mandated Risk Assessment limits.

Burden of Proof shifting Burden of Proof shifting

AT THE PRICE OF AT THE PRICE OF FREEDOMFREEDOM


FREEDOM DEMAND!FREEDOM DEMAND!

Freedom Demand:Freedom Demand: On behalf of the people, no On behalf of the people, no Upper Limits shall be placed on amounts of Upper Limits shall be placed on amounts of

food content in products being traded where a food content in products being traded where a food has not been shown by a government by food has not been shown by a government by

clear and convincing evidence to cause clear and convincing evidence to cause imminent and significant harm to the public.imminent and significant harm to the public.

Burden of Proof remains with the governmentBurden of Proof remains with the governmentFREEDOM OF ACCESS!FREEDOM OF ACCESS!


Alliance for Natural Alliance for Natural HealthHealth

Dr. Robert Verkerk BSc MSc DIC PhDDr. Robert Verkerk BSc MSc DIC PhD

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

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


Alliance for Natural Alliance for Natural HealthHealth

Dr. Robert Verkerk BSc MSc DIC PhDDr. Robert Verkerk BSc MSc DIC PhD

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

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


Burden of Proof Burden of Proof

Food Food – burden on– burden on governmentgovernment

PeoplePeople – burden on – burden on governmentgovernment

Toxins/Drugs Toxins/Drugs – burden on– burden on manufacturersmanufacturers


CODEX BURDENCODEX BURDEN

Food Food – burden on– burden on governmentgovernment

PeoplePeople – burden on – burden on governmentgovernment


Consumers WantConsumers Want

PurityPurity – No Adulteration – No Adulteration

QualityQuality – No spoilage or diminished value – No spoilage or diminished value



NO TOXINSNO TOXINS

Toxic chemicals and chemical residuesToxic chemicals and chemical residues

Toxic food additivesToxic food additives

Toxic Pesticides and FertilizersToxic Pesticides and Fertilizers

Toxic Pathogens Toxic Pathogens

Toxic ingredients and preservativesToxic ingredients and preservatives



Content VerificationContent Verification



Safe Safe Packaging Packaging

Safe Safe ShippingShipping Environment Environment



Truthful LabelingTruthful Labeling

Significant Facts that Impact ChoiceSignificant Facts that Impact Choice

Non-misleading labelingNon-misleading labeling



Warnings Warnings

When probable cause shows need.When probable cause shows need.



Maximized OptionsMaximized Options


Consumers Don’t Consumers Don’t WantWant

Consumers do not want their access to Consumers do not want their access to foods that they desire or foods that foods that they desire or foods that

they need they need limited or blockedlimited or blocked..


ITALY 2005ITALY 2005

Consensus Overwhelming Opposition



Which persons at the Codex Commission 2005 meeting in Italy will stand during the floor debates and speak to member countries on behalf of health freedom?



Who understands health freedom?

Who wants health freedom?

Who teaches health freedom?

Who lives health freedom?


RELATIONSHIPSRELATIONSHIPSMATTER !MATTER !

-Economic Interests

-Political Power Interest

-Ambassadorial and Harmony Interests

-Integrity and Honor Interests


BUILD BUILD HEATH FREEDOMHEATH FREEDOM

RelationshipsRelationships

Brick by brick

Seed by seed

Create star clusters of freedom


Italy RelationshipsItaly Relationships

The only thing that will send the Guidelines back to Step 5 in Italy are leaders/regulators all over the world getting up from their chairs at the meeting and taking a stand on health freedom in order to block Codex consensus!


After ItalyAfter Italy

Track current legal challenges on behalf of health freedomMount new legal challenges on behalf of health freedom

Build health freedom relationships on all levels in all countriesDraft new laws and public policies to promote and protect health freedoms

Educate ourselves about interdisciplinary impacts of health freedomTeach, communicate, and live health freedom

Gather history, stories, research and new information about health freedomCelebrate health freedom

Celebrate healthCelebrate life


After ItalyAfter Italy

“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


National Health Freedom CoalitionNational Health Freedom Coalition

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


BE AN AGENT BE AN AGENT OF CHANGEOF CHANGE

Laws and customs must be Laws and customs must be carefully reviewed, revised, and even carefully reviewed, revised, and even repealed if necessary, and new laws repealed if necessary, and new laws created, to reflect the development, created, to reflect the development,

evolution, and spiritual maturization of evolution, and spiritual maturization of a peoplea people..

-Diane Miller


NATIONAL HEALTH FREEDOM NATIONAL HEALTH FREEDOM

COALITIONCOALITION A 501(c) 3 Educational Nonprofit OrganizationA 501(c) 3 Educational Nonprofit Organization

NATIONAL HEALTH FREEDOM NATIONAL HEALTH FREEDOM ACTIONACTION

A 501 (c ) 4 Lobbying OrganizationA 501 (c ) 4 Lobbying Organization

PMB 218, 2136 Ford Parkway, St. Paul, MN 55116-1863PMB 218, 2136 Ford Parkway, St. Paul, MN 55116-1863www.nationalhealthfreedom.org, E-mail: [email protected]

651-690-0732651-690-0732

http://www.nationalhealthfreedom.org/

mailto:[email protected]

Copyright Feb. 2005 NHFA1 CODEX. 2 HEALTH FREEDOM PRINCIPLES Freedom of access for health-seekers...

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Transcript of Copyright Feb. 2005 NHFA1 CODEX. 2 HEALTH FREEDOM PRINCIPLES Freedom of access for health-seekers...