The Congressional Budget Office (CBO) released the estimated cost to implement H.R. 4088, the Secure America through Verification and Enforcement (SAVE) Act of 2007. H.R. 4088, introduced by Representatives Heath Shuler (D-NC) and Tom Tancredo (R-CO), would implement a national employer verification system and mandate it for all new hires. It is currently under consideration for a "discharge petition" that would allow the bill to bypass the traditional committee markup process and instead go directly to the House Floor. H.R. 4088 – focuses on three key parts, a strict emphasis on border security, employer verification, and interior enforcement. The CBO estimate, released on April 4, at the request of House Judiciary Committee Chairman John Conyers (D-MI), concluded that implementing the SAVE Act would have an impact well beyond the active workforce. The legislation would result in employers and workers who now pay taxes choosing to go "off the books," decreasing both tax and Social Security receipts by $17 billion and $22 billion respectively, over ten years.
Castleberry's Food Co. is expanding its recall of hot dog chili sauce and canned meat products to 88 human products and four canned dog food products due to the threat of botulism. The company said it has been notified by the FDA of two confirmed botulism cases and two potential botulism cases involving individuals who ate Hot Dog Chili Sauce products.
For more information read the full Action Alert. (.pdf 30 kb)
N.G.A. Commends House Judiciary Antitrust Task Force Examination of Credit Card Interchange Fees
On July 19, the National Grocers Association (N.G.A.) submitted a written statement to the House Judiciary Antitrust Task Force applauding today’s hearing examining anti-competitive price-fixing practices and arbitrary rules of credit card companies. N.G.A. has submitted statements over the past two years supporting Congressional investigation and action by governmental agencies to correct the abusive practices and financial harm that ever increasing interchange fees charged by credit card companies have on N.G.A. members and on all consumers, including those who may not use them. N.G.A. would like to continue urging all retail and wholesale grocers to contact members of the House Judiciary Committee, especially members of the Antitrust Task Force, to ask the Representatives to support action against the anticompetitive and abusive practices of VISA, MasterCard and the banks in collectively setting the interchange fees.
The National Grocers Association (N.G.A.) commended the U.S. Senate for rejecting H.R. 800/S. 1041, the "Employee Free Choice Act,” sponsored by Senator Ted Kennedy, (D-MA). In a 51-48 vote, the legislation failed to receive the 60 votes needed to further debate the measure. All Republicans voted against H.R. 800/S.1041 with the exception of Arlen Specter (R-PA), and all Democrats voted for H.R. 800/S.1041 with the exception of Senator Tim Johnson (D-SD), who did not vote. Democrats and labor unions pressed for a vote in the Senate in hopes of rallying their voters in the 2008 elections.
Interchange Fees: Consumer Education is a Top Priority
According to a new poll released February 6, by the Merchants Payments Coalition (MPC), of which N.G.A. is a founding member, found that more than two-thirds (68%) of U.S. adults have not heard of interchange fees.
MPC’s newest campaign focuses on educating consumers and lawmakers about Interchange — “The Biggest Credit Card Fee You’ve Never Heard of.” Please view the print ads below and forward them to others.
Urge Your Members of Congress to Oppose Repeal of the Robinson Patman Act, and to Support Strengthening the Act
On April 3, 2007 the Antitrust Modernization Commission (AMC) released its report to Congress in which it calls for full repeal of the Robinson-Patman Act. In 2006, FTC Chairwoman Deborah Platt Majoras urged the Commission to recommend to Congress repeal of Robinson-Patman. N.G.A. strongly opposes the AMC’s recommendation and believes that the Act should be strengthened and enforced.
Attached is a draft letter for you to fax to your Members of Congress. Particularly important is the attached list of the House and Senate Judiciary Committees. Members on the Senate Antitrust Subcommittee and the House Antitrust Taskforce have been bolded. To get the fax number of your Members of Congress that are not on the list you can go to www.house.gov and www.senate.gov
If you have any questions or need additional information, please contact Tom Wenning at 703-516-0700 or by emailing Tom at twenning@nationalgrocers.org.
List of House and Senate Judiciary Committees (.pdf 49 kb)
The Industrial Bank Holding Company Act of 2007
The House Financial Services Committee is scheduled to hold a hearing and is expected to vote on passage of H.R. 698, The Industrial Bank Holding Company Act of 2007, on Thursday March 22, 2007. H.R. 698 is a bi-partisan bill introduced by Committee Chairman Barney Frank (D-Ma), Representative Paul Gillmore (R-OH) and cosponsors to close a loophole in U.S. banking laws, which permit commercial companies to own ILCs outside of the regulation of the Federal Reserve and operate branch banks in nearly half of the states. N.G.A. along with the National Association of Convenience Stores and the Community Bankers Association, as part of the Sound Banking Coalition, are supporting H.R. 698 in an effort to prevent commercial companies, including Wal-Mart, from owning banks. N.G.A. continues to believe that commerce and banking should remain separate and ILCs should be subject to consolidated supervision by the Federal Reserve Bank or the FDIC. N.G.A. members are urged to contact Members of the House Financial Services Committee to urge them to vote FOR H.R. 698 when it comes up in committee on Thursday March 22, 2007. For a list of the House Financial Services Committee click HERE. N.G.A. members should continue to contact their Congressmen and ask them to co-sponsor and vote for H.R. 698.
Tell your Congressman that:
Banking and commerce should remain separate
ILCs should be subject to consolidated supervision by the Federal Reserve Bank or FDIC.
You are opposed to retail branch banking by ILCs
OSHA Provides Employer Guidance For Influenza Pandemic
The Occupational Safety and Health Administration (OSHA) has issued “Guidance on Preparing Workplaces for Influenza Pandemic” so that employers can prepare for disruptions that may be caused by a pandemic influenza outbreak. According to the OSHA Guidance, “it is important for all businesses and organizations to begin continuity planning for a pandemic. Employers and employees should use this guidance to help identify risk levels and implement appropriate control measures in the workplace.” OSHA anticipates businesses that people rely on for necessities, such as grocery stores, would be at medium risk for potential pandemic exposure because of the possibility of contact among consumers and co-workers. The OSHA Guidance provides recommendations for developing sick leave policy, minimizing exposure, cross-training employees and having sufficient items of sanitation products and personal protective equipment on hand.
The OSHA Guidance is available to download here. (.pdf 313 kb.)
Combat Methamphetamine Epidemic Act
UPDATED October 5, 2006 Compliance Guide (.pdf 100 kb)
N.G.A. working with National Association of Chain Drug Stores Foundation (NACDS) is pleased to offer N.G.A. members an opportunity to use the MethGuard TM Combat Methamphetamine Epidemic Act of 2005 training program.
For demonstrations of the program and more information, click here. For compliance guidance or questions please email Tom Wenning or call (703) 516-0700.
On June 7, the Food and Drug Administration issued additional guidance for the final rule that mandates that chain of custody records for all foods be kept under Section 306 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. For more information please contact Tom Wenning.
Mandatory Seafood Country of Origin Labeling Enforcement Begins
The United States Department of Agriculture (USDA) has begun enforcing the mandatory seafood country of origin labeling law that became effective in April of 2005. All retailers must ensure that covered seafood commodities (fresh and frozen unprocessed fish and shellfish) are labeled properly with the country of origin and method of production (wild caught or farm-raised) and that records of such information are maintained.
For additional information or questions regarding the regulation, please email Tom Wenning or call (703) 516-0700.
U.S. Senate Judiciary Committee Hearing – July 19, 2006
A July 19, Senate Judiciary Committee hearing on “Credit Card Interchange Rates: Antitrust Concerns?” examined the anticompetitive price-fixing practices of Visa and MasterCard, as well as the issue of transparency regarding the availability of the card companies’ operating rules. To access witness testimonies and committee member statements and press releases please select from below. If you have any questions regarding N.G.A.’s statement or the hearing to the Senate Judiciary Hearing please email Tom Wenning or call 703-516-0700.
On Monday August 7, 2006 the Food and Nutrition Service (FNS), USDA published a proposed rule to revise regulations governing WIC food packages. Specifically, the proposed rule would add fruits and vegetables for WIC participants, while reducing allowable amounts for milk, cheese, juice, and eggs. FNS is proposing that monthly vouchers of $8 per month for women and $6 per month for children be issued for the purchase of fruits and vegetables. Due to the high perishable rate of produce FNS is proposing that the vouchers be issued in $2 increments to allow for more frequent trips.
The proposed rule will be cost neutral due to the reduction in other WIC packages.
Allowable fruits and vegetables would include:
Any variety of fresh whole or cut fruit without added sugars;
Any variety of fresh or whole cut vegetables (excludes white potatoes) without added sugars, fats, or oils, any variety of canned fruits without added sugars, fats, oils, or salt
Any variety of frozen fruits without added sugars;
Any dried fruit or vegetable without added sugars, fats, oils, or salt; and
Any variety of canned or frozen vegetables, except white potatoes (orange yams or sweet potatoes ARE allowed), without added sugars, fats, or oils.
The proposed rule WOULD NOT include white potatoes, catsup or other condiments, pickled vegetables and olives, and soups.
FNS is accepting comments to their proposed rule until November 6, 2006. N.G.A. will submit comments on behalf of its members in support of the proposed rule.
Download a copy of the proposed rule (.pdf 510kb).
For questions or comments please contact Tom Wenning by emailing twenning@nationalgrocers.org or by calling 703-516-0700.
Model State ILC Legislation — Maryland Emergency House Bill 1735
Missouri Governor Matt Blunt signed legislation this week prohibiting industrial loan companies (ILCs) from having bank branches in Missouri. Missouri joins Virginia, Maryland, Vermont, Wisconsin and Iowa which all have similar laws prohibiting ILCs from branching within their borders. States are enacting laws in response to commercial firms looking to open financial operations. N.G.A. believes that commerce and banking should remain separate and any ILCs should be subject to the same Federal Reserve regulatory oversight as banks. N.G.A. recommends that states use Maryland’s legislation as a “model” for legislation in their state. For a copy click here. (37.7 kb .pdf)
GO-Zone Opportunities for Retailers and Wholesalers. The Department of Commerce held a briefing on Opportunities for Gulf Coast Investments. The meeting hosted by the Commerce Department, featured speakers from the IRS, Treasury Department, Department of Housing and Urban Development, as well as other federal and state and or manufacturers in the specified Gulf Opportunity Zone (GO Zone).
Gulf Opportunity Zone (GO Zone):
Includes portions of Texas, Louisiana, Mississippi, Alabama, and Florida; and
Created to spur economic development by providing federal tax incentives in the counties/parishes affected by hurricanes Wilma, Katrina, and Rita.
Programs that could be of benefit to the grocery industry: (Grocery, wholesale, and manufacturing)
Employee Retention Tax Credit—Available to businesses conducting active trade or business in the GO Zone. Provides a credit for 40% of qualified wages for each eligible employee up to a max of $6,000 per employee;
First year depreciation bonus of 50% for qualified GO Zone businesses;
Businesses can expense up to 50% for cleanup and demolition in the GO Zone;
Small businesses are allowed to double expensing for investments and new equipment from
$100,000 to $200,000;
New Market Tax Credit—$1 billion is provided for 2005 thru 2007; and
New Market Tax Credits are available to individual and corporate taxpayers. Qualified taxpayers receive a federal income tax credit for making qualified equity investments in investment vehicles know as Community Development Entities (CDEs). Credit provided to the investor totals 39% of the cost of the investment and is claimed over a seven year period. Applications are selected after a competitive application review process by the Treasury’s CDFI Fund.
N.G.A. Provides Testimony on High Interchange Fees
On February 15, 2006 Tom Wenning, N.G.A. Senior Vice President and General Counsel, submitted a written statement on behalf of N.G.A. members to the House Commerce, Trade, and Protection Subcommittee of the House Energy and Commerce Committee applauding the subcommittee’s action and calling on Congress and federal government agencies to exercise oversight of debit and credit card interchange fees and the lack of a competitive market.
To view a full text copy of Tom Wenning’s statement to the House subcommittee please click here To view a copy of the press release click here If you have any questions regarding N.G.A.’s statement to the subcommittee please contact Tom Wenning at twenning@nationalgrocers.org or 703-516-0700.
Across State Lines
Across State Lines is an update on selected state legislation and policy issues including Mandated Health Care, Interchange Legislation, Legislation Regulating ILCs, WIC/EBT Policy, and Eminent Domain. Please check back often for additional updates. For question related to State Government Affairs please contact Tom Wenning at twenning@nationalgrocers.org or 703-516-0700.
N.G.A. Congressional Update August 4, 2006
109th Congress Winding Down, Death Tax, Hearings on Interchange, Uniformity, ILCs and LIFO Repeal
N.G.A. Urges FDIC to Deny Wal-Mart ILC Application Congressional Action Needed to Close ILC Loophole on Retail Branch Banking
Arlington, VA - In a statement submitted to the Federal Deposit Insurance Corporation (FDIC) for his testimony on April 10, 2006, Thomas F. Wenning, Senior Vice President and General Counsel of the National Grocers Association (N.G.A.) said, “This application raises important public policy questions and serves to focus the growing debate on the proper scope of Industrial Loan Companies (ILCs) and the recent review by federal agencies and Congress. The FDIC should deny the application so Congress can exercise its authority to close the loophole for ILC interstate branch banking, and decide the future direction of ILCs and our nation’s financial system”.
To view a copy of the press release click here.(.pdf 476kb)
The House of Representatives on Wednesday, March 8 voted overwhelming the passage of the “National Uniformity for Food Act of 2005” (H.R. 4167). The bill passed by a margin of 283-139. “This legislation is a win-win for consumers and the entire grocery industry,” said Thomas K. Zaucha, N.G.A. President and CEO.
Federal Food Labeling Requirements
FDA Guidance Document
December 2005
Questions and Answers Regarding Food Allergens, including the Food Allergen Labeling and Consumer Protection Act of 2004 (Edition 2)
N.G.A. Advises Retailers Regarding the VISA Check/MasterMoney Antitrust Legislation Settlement Click here for more information. (.pdf 106kb)
Merchant Advisory: Merchants who receive multiple forms should file those with estimated cash payments listed. (October 12, 2005).doc 25 kb
N.G.A. Files Request for Industry-Wide Extension on Trans Fat Labeling Deadline On December 8, N.G.A. filed a request with FDA for an industry-wide extension to use existing label stock after the January 1, 2006 effective date for the labeling of trans fat. As of that date, food manufacturers are required to list trans fat on the nutrition label for conventional foods and some dietary supplements. N.G.A. filed this request in response to concerns expressed from retail and wholesale members as well as private label manufacturer associate members. (Download .pdf 25kb)
N.G.A. Files Comments on USDA Seafood COL Rule Please see the comments N.G.A. submitted to USDA on February 17th, 2005 regarding the onerous recordkeeping and information collection requirements of the interim final rule for country of origin labeling of fish and shellfish. (Download .doc or .pdf)
Mandatory Seafood COL Handbook A handbook for complying with the interim final rule for mandatory COL of fish and shellfish updated with USDA Notice to the Trade clarifications. (Download .doc or .pdf)
Mandatory Seafood COL Overview for Retailers A brief outline of the interim final rule for mandatory COL of fish and shellfish for retailers updated with USDA Notice to the Trade clarifications. Download a copy of the outline (Download .doc or .pdf)
Mandatory Country of Origin Labeling of Fish and Shellfish Handbook On September 30, 2004, the U.S. Department of Agriculture issued an interim final rule for mandatory country of origin labeling (“COL”) for fish and shellfish as required by the 2002 Farm Bill (P.L. 107-171). Download a copy of the handbook. (Download .doc or .pdf)
Mandatory COL Overview for Retailers A brief out line of the interim final rule for mandatory COL of fish and shellfish for retailers. Download a copy of the outline (Download .doc or .pdf)
FDA Issues Food Security Preventive Measures Guidance for Retail Food Stores FDA has issued a guidance document for retail food stores to identify the kinds of preventive measures that can be taken to minimize the risk that food under their control will be subject to tampering or other malicious, criminal, or terrorist actions. Operators of food retail food stores and food service establishments are encouraged to review their current procedures and controls in light of the potential for tampering or other malicious, criminal, or terrorist actions and make appropriate improvements. View the document.
Print and Post Your Own Copies of Meat and Poultry Nutritional Labeling Charts Whether you need these charts to meet voluntary nutritional labeling compliance or to meet the changing and high-protein focused eating habits of your consumers, you can now access nutritional information charts for meat and poultry, and veal and seafood right here on the N.G.A. website. It’s a large .pdf file, so be patient and soon you’ll have your own copies to post in your meat isles or at point-of-purchase spots!
Questions and Comments? Your N.G.A. Public Affairs staff welcomes and encourages questions regarding the legislative process, public policy issues, Grassroots/Minuteman Network, the Political Education Committee, etc. We can be reached by at phone (703) 516-0700.
