Natural Solutions Foundation Submits Second Citizens’ Petition to U.S. Codex Office and Food Safety Service

Share Article

The US has asked for public comment on its food related policies as they relate to implementation of Codex Aliementarius. The Natural Solutions Foundation, a leading health and health freedom advocacy organization with national and international impact has responded with comments and a Citizens Petition urging the US to obey US law since many US Codex policies violate protective legislation.

Major General Albert N. Stubblebine III (US Army, Ret.), President for the Natural Solutions Foundation, announced today that the Natural Solutions Foundation is petitioning the U.S. Codex Office and the Food Safety and Inspection Service (FSIS) – Docket No. FSIS-2006-0004 (both agencies of the U.S. Department of Agriculture) to adopt support for international nutrient regulations (and any other international harmonization) only as it conforms to United States law and practice as the policy of the U.S. Codex Delegation. The Citizens Petition is a response to a formal request for input by these government organizations.

This is the second Citizens Petition entered by the Natural Solutions Foundation. The first is focused on what that organization believes to be the illegal US Codex policy with regards to nutrients and supplements. See to read the first petition and to sign the first Natural Solutions Foundation Citizens Petition.

The new Citizens Petition is in response to a request by the USDA, in a media release dated June 5, 2006:

“The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), today announced the publication of a Notice of sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (Codex). . . Persons wishing to submit comments are encouraged to access FSIS' Web site at for further instructions. The comments will be posted on the Agency's Web site at . . [Current Codex activities include] standard setting activities of Codex, including commodity standards, guidelines, codes of practice and revised texts. . . . [the U.S. Codex office] seeks comments on standards currently under consideration and recommendations for new standards.”

The Codex Alimentarius Commission is the U.N. agency, under WHO/FAO, that determines international food (and nutrient) Standards, Guidelines and Codes of Practice. It has been widely criticized for its restrictive guidelines which are likely to cause great harm in the US and globally, if implemented.

The Dietary Supplement industry has responded with growth and expansion to substantial consumer demand since the adoption of the Dietary Health and Education Act of 1994 (DSHEA). Much of this growth may be attributed to the Free Market in Dietary Supplements that was established by DSHEA. As U.S. District Court Judge Tena Campbell stated in the Ephedra Decision last month (Nutraceutical Corporation and Solaray, Inc. v. Lester Crawford, Acting Commissioner, U.S. Food and Drug Administration, Case No. 2:04CV409 TC, USDC, Utah Central Division),

“…the legislative history of the DSHEA indicates that Congress generally intended to harmonize the treatment of dietary supplements with that of foods when it added the dietary supplement subsection...”

Since most of the world’s Dietary Supplement consumption and demand takes place in the United States, our law should be the basis for international harmonization rather than the other way around. The United States has far more experience with the consequences of free consumer access to unlimited health supports than any other country and understands fully both the importance to health and to freedom of choice of this access pattern. The United States also has developed a wide clinical experience with diverse nutrients and substances which supports the conclusion that nutrients at levels chosen by consumers are enviably safe and free of toxic effects and dangers.

The Codex Committee on General Principles is working on, among other things, "Proposed Draft Working Principles for Risk Analysis for Food Safety (Guidance to National Governments) [and] Proposed Amendments to the General Principles of the Codex Alimentarius" [and] "New definition of risk analysis terms related to food safety." These principles include the definition developed by a World Health Organization Workshop on Application of Risk Analysis to Nutrients ( of an adverse event caused by nutrients as “any change in a bio marker” regardless of the beneficial impact of those nutrients.

The Codex Committee on Methods of Analysis and Sampling should consider the proper science and methods to apply to Dietary Supplements and nutritional products. Risk Assessment without regard to benefit is advised by the aforementioned Codex Vitamin and Mineral Guideline. The same document also refers to “safe upper limits” for nutrients despite the fact that under DSHEA specifically exempts nutrients from upper limits of any type.

The culmination of 50 years of U.S. legislation and litigation has refined the supplement policy of the United States ensuring that individual choice and desire play a key role in ensuring private and public health. The Codex guideline subordinates individual choice to scientifically inaccurate and unsupported, supposed professional expertise. The DSHEA balances professionals, science and people.

Rima E. Laibow, MD, Medical Director of the Natural Solutions Foundation, stated, “We are urging the U.S. Codex Office to adopt as the policy of the U.S. Codex Delegation support only for international harmonization that conforms to United States law and practice,” referring to 19 USC 3512, “United States law to prevail in conflict - No provision of any of the Uruguay Round Agreements [which established the World Trade Organization. “WTO”, in 1994 from the General Agreement on Tariffs and Trade, “GATT”], nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States shall have effect.”

The Petition is being presented, under the Administrative Procedures Act, to the U.S. Codex Office, the Food Safety and Inspection Service (FSIS) – Docket No. FSIS-2006-0004, President Bush, the Secretary of the Health and Human Services Department, The Secretary of Commerce, the Environmental Protection Agency, The Secretary of the Department of Agriculture, the head of the U.S. Codex office, the head of the Food and Drug Administration and Congressional leaders of both parties.

The Natural Solutions Foundation,, is devoted to vigorously preserving, promoting, protecting and defending Health Freedom in the United States and abroad.

# # #

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Ralph Fucetola, JD
Visit website