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Copyright Feb. 2005 NHFA1 CODEX. 2 HEALTH FREEDOM PRINCIPLES Freedom of access for health-seekers Freedom to practice all healing methods Regulate by.

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Presentation on theme: "Copyright Feb. 2005 NHFA1 CODEX. 2 HEALTH FREEDOM PRINCIPLES Freedom of access for health-seekers Freedom to practice all healing methods Regulate by."— Presentation transcript:

1 Copyright Feb. 2005 NHFA1 CODEX

2 2 HEALTH FREEDOM PRINCIPLES Freedom of access for health-seekers Freedom to practice all healing methods Regulate by the least restrictive means

3 Copyright Feb. 2005 NHFA3 CODEX ALIMENTARIUS Ancient “to protect consumers from dishonest practices in the sale of food” Codex Website 2005

4 Copyright Feb. 2005 NHFA4 CODEX ALIMENTARIUS 19 th Century Science “…disclosing dishonest practices in the sale of food and to distinguish between safe and unsafe edible products.” Codex Website 2005

5 Copyright Feb. 2005 NHFA5 CODEX ALIMENTARIUS Codex Alimentarius Austriacus Austro-Hungarian 1911 “to determine standards of identity for specific foods.” Codex Website 2005

6 Copyright Feb. 2005 NHFA6 CODEX ALIMENTARIUS 1900 Trade Concerns Pressure to harmonize to facilitate “trade in safe foods of a defined quality.”

7 Copyright Feb. 2005 NHFA7 CODEX ALIMENTARIUS 1940’s Consumer Concerns “…protect consumers from poor quality and hazardous foods.”

8 Copyright Feb. 2005 NHFA8 CODEX ALIMENTARIUS Historically -Visible Underweight contents Size variations Misleading labeling Poor quality

9 Copyright Feb. 2005 NHFA9 CODEX ALIMENTARIUS Science based - Invisible Alarm micro-organisms pesticide residues environmental contaminants food additives

10 Copyright Feb. 2005 NHFA10 FAO United Nations Food and Agricultural Organization

11 Copyright Feb. 2005 NHFA11 FAO TO THE RESCUE 1961 Desire for international agreement “on minimum food standards…”

12 Copyright Feb. 2005 NHFA12 1960 FAO Establishment of Codex Alimentarius Commission 1960 FAO Establishment of Codex Alimentarius Commission - Protecting the consumer’s health - Ensuring quality - Reducing trade barriers

13 Copyright Feb. 2005 NHFA13 WHO United Nations World Health Organization

14 Copyright Feb. 2005 NHFA14 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][1] WHA Resolution 53.15, 2000. [1] Weekly Epidemiological Record, 2004, 79, 173-180, No. 18, April 30. http://www.who.int/wer. [1]

15 Copyright Feb. 2005 NHFA15 1963 Establishment of Joint FAO/WHO Food Standards Programme WHO Adopted FAO statutes of the Codex Alimentarius Commission

16 Copyright Feb. 2005 NHFA16 CODEX ALIMENTARIUS FAO/WHO FAO/WHO Dual Goals Broad Jurisdiction. Protecting the health of consumers. Ensuring fair practices in food trade

17 Copyright Feb. 2005 NHFA17 CODEX ALIMENTARIUS FAO/WHO 172 Countries Desire to Harmonize Voluntarily

18 Copyright Feb. 2005 NHFA18 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

19 Copyright Feb. 2005 NHFA19 CODEX COMMENTS WHY THE PROGRESS OF HARMONIZATION IS IMPEDED -Different legal and administrative systems -Varying political power systems -National attitudes and concepts of sovereign rights Codex Website 2005

20 Copyright Feb. 2005 NHFA20 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

21 Copyright Feb. 2005 NHFA21 Uruguay Round Agreements (SPS) AND (TBT) 1994 WTO WORLD TRADE ORGANIZATION

22 Copyright Feb. 2005 NHFA22 WTO - 1994 Independent Trade Organization - Member Countries Join by Contract - Enforceable by Dispute Resolution Body

23 Copyright Feb. 2005 NHFA23 WTO Enforceable by Dispute Resolution Body Case by Case trade resolutions and trade sanctions

24 Copyright Feb. 2005 NHFA24 WTO  Codex WTO Agreements refer to Codex as the international standard to be used by WTO members for trading goods.

25 Copyright Feb. 2005 NHFA25 WTO Majority of WTO members are Codex Alimentarius members

26 Copyright Feb. 2005 NHFA26 WTO Will WTO be a vehicle for the enforcement of Codex?

27 Copyright Feb. 2005 NHFA27 Regional Trade Agreements Will other regional trade agreements such as NAFTA point to Codex and enforce Codex standards or guidelines?

28 Copyright Feb. 2005 NHFA28 EU Food Supplements Directive Will Codex adopt a positive list approach and ban everything else like the EU FSD?

29 Copyright Feb. 2005 NHFA29 SAMPLES OF Health Freedom Responses -Ask WTO for a formal opinion re enforcement -Work to strengthen national US laws -Bind together with neighboring countries -Challenge UN/FAO/WHO jurisdiction -Challenge Codex language and intent as to use

30 Copyright Feb. 2005 NHFA30 Challenging Codex Approaching Step 8 Final Codex Commission Approval Italy July 4-7, 2005

31 Copyright Feb. 2005 NHFA31 Challenging Codex Sample: Health Freedom Goals Send back to German Chaired Committee Step 5 Overturn EU Food Supplements Directive Revise language of Vitamins and Minerals Guidelines Move to make jurisdiction of Committee more narrow

32 Copyright Feb. 2005 NHFA32 Deeper Look at Freedom Infringements Core Problem Disregard for Over-breadth

33 Copyright Feb. 2005 NHFA33 Freedom Alert Conceptual Merger FAO + WHO

34 Copyright Feb. 2005 NHFA34 Freedom Alert FAO  WHO

35 Copyright Feb. 2005 NHFA35 FAO COMMODITIES LAW Food Safety

36 Copyright Feb. 2005 NHFA36 WHO PEOPLE LAW People Health

37 Copyright Feb. 2005 NHFA37 MERGER Regulation Food + People ( how they use food )

38 Copyright Feb. 2005 NHFA38 DIFFERENT BURDENS OF PROOF Regulating Substances  Regulating People

39 Copyright Feb. 2005 NHFA39 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

40 Copyright Feb. 2005 NHFA40 Food Government must show that there is an imminent risk of significant harm before prohibiting Example: DSHEA

41 Copyright Feb. 2005 NHFA41 Toxins/Drugs Manufacturers must show that it is safe to distribute or has benefit that outweighs the risk before distributing Example: Ampicillin

42 Copyright Feb. 2005 NHFA42 People Government must show that a person will cause an imminent risk of public harm Example: Contagious Disease Except…..!!!!!!!!

43 Copyright Feb. 2005 NHFA43 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

44 Copyright Feb. 2005 NHFA44 PEOPLE HEALTH FREEDOMS EducateFreedom of Speech PrayFreedom of Religion SellCommerce Law RecommendFreedom of Speech UseSelf-determination RefuseSelf-determination

45 Copyright Feb. 2005 NHFA45 LEAST RESTRICTIVE MEANS Examples: Examples: Voluntary vs. Mandatory Treatment vs. Isolation Exemptions with conditions

46 Copyright Feb. 2005 NHFA46 Watching for merger power Watch Codex language mixing “food law” and “people law” Freedom Alert!

47 Copyright Feb. 2005 NHFA47 CODEX GUIDELINES Watching for 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 About People: Some countries consider vitamins and minerals to be food, others don’t.

48 Copyright Feb. 2005 NHFA48 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) (underline added) Draft Guidelines for Vitamin and Mineral Food Supplements People DOGMA: People DOGMA: There is a proper “balanced” way to get nutrients which is considered “normal”

49 Copyright Feb. 2005 NHFA49 CODEX GUIDELINES FREEDOM INFRINGING LANGUAGE “ 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 Food promotes health and people should eat foods for health reasons, before vitamins and minerals. Does this mean they are not really food?

50 Copyright Feb. 2005 NHFA50 CODEX GUIDELINES FREEDOM INFRINGING LANGUAGE “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 Draft Guidelines for Vitamin and Mineral Food Supplements People Violation Burden of proof shifting with “should” from government to manufacturers based on people dogma No preliminary and mandatory showing by the regulator of imminent risk of significant harm.

51 Copyright Feb. 2005 NHFA51 CODEX GUIDELINES FREEDOM INFRINGING LANGUAGE “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 based on people dogma No preliminary and mandatory showing by the regulator of imminent risk of harm.

52 Copyright Feb. 2005 NHFA52 CODEX GUIDELINES FREEDOM INFRINGING LANGUAGE “(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, when government has not first proven risk of significant harm.

53 Copyright Feb. 2005 NHFA53 Maximum Amounts of Vitamins and Minerals Shall Be Set ! Upper safe levels… established by scientific risk assessment! FREEDOM ALERT!

54 Copyright Feb. 2005 NHFA54 Rational for Risk Assessment EXPORTSGoal 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. Result 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 ?

55 Copyright Feb. 2005 NHFA55 Rational for Risk Assessment IMPORTSGoal Countries are assured that any products being imported only contain equal to or less than the amount of Codex limits. Result 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 ?

56 Copyright Feb. 2005 NHFA56 FREEDOM ALERT! No rational for upper limits on food! Freedom of Choice and No Upper Limits…is getting BURIED by those who focus on the contrast between the RDA limits and the new mandated Risk Assessment limits. Burden of Proof shifting AT THE PRICE OF FREEDOM

57 Copyright Feb. 2005 NHFA57 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!

58 Copyright Feb. 2005 NHFA58 Alliance for Natural Health Dr. 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

59 Copyright Feb. 2005 NHFA59 Alliance for Natural Health Dr. 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

60 Copyright Feb. 2005 NHFA60 Burden of Proof Food – burden on government People – burden on government Toxins/Drugs – burden on manufacturers

61 Copyright Feb. 2005 NHFA61 CODEX BURDEN Food – burden on government People – burden on government

62 Copyright Feb. 2005 NHFA62 Consumers Want Purity – No Adulteration Quality – No spoilage or diminished value

63 Copyright Feb. 2005 NHFA63 Consumers Want NO TOXINS Toxic chemicals and chemical residues Toxic food additives Toxic Pesticides and Fertilizers Toxic Pathogens Toxic ingredients and preservatives

64 Copyright Feb. 2005 NHFA64 Consumers Want Content Verification

65 Copyright Feb. 2005 NHFA65 Consumers Want Safe Packaging Safe Shipping Environment

66 Copyright Feb. 2005 NHFA66 Consumers Want Truthful Labeling Significant Facts that Impact Choice Non-misleading labeling

67 Copyright Feb. 2005 NHFA67 Consumers Want Warnings When probable cause shows need.

68 Copyright Feb. 2005 NHFA68 Consumers Want Maximized Options

69 Copyright Feb. 2005 NHFA69 Consumers Don’t Want Consumers do not want their access to foods that they desire or foods that they need limited or blocked.

70 Copyright Feb. 2005 NHFA70 ITALY 2005 ConsensusOverwhelming Opposition

71 Copyright Feb. 2005 NHFA71 ITALY 2005 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?

72 Copyright Feb. 2005 NHFA72 ITALY 2005 Who understands health freedom? Who wants health freedom? Who teaches health freedom? Who lives health freedom?

73 Copyright Feb. 2005 NHFA73 RELATIONSHIPS MATTER ! -Economic Interests -Political Power Interest -Ambassadorial and Harmony Interests -Integrity and Honor Interests

74 Copyright Feb. 2005 NHFA74 BUILD HEATH FREEDOM Relationships Brick by brick Seed by seed Create star clusters of freedom

75 Copyright Feb. 2005 NHFA75 Italy 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!

76 Copyright Feb. 2005 NHFA76 After Italy Track current legal challenges on behalf of health freedom Mount new legal challenges on behalf of health freedom Build health freedom relationships on all levels in all countries Draft new laws and public policies to promote and protect health freedoms Educate ourselves about interdisciplinary impacts of health freedom Teach, communicate, and live health freedom Gather history, stories, research and new information about health freedom Celebrate health freedom Celebrate health Celebrate life

77 Copyright Feb. 2005 NHFA77 After 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

78 Copyright Feb. 2005 NHFA78 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,

79 Copyright Feb. 2005 NHFA79 BE AN AGENT OF CHANGE BE AN AGENT OF CHANGE Laws and customs must be carefully reviewed, revised, and even repealed if necessary, and new laws created, to reflect the development, evolution, and spiritual maturization of a people. Laws and customs must be carefully reviewed, revised, and even repealed if necessary, and new laws created, to reflect the development, evolution, and spiritual maturization of a people. -Diane Miller

80 Copyright Feb. 2005 NHFA80 NATIONAL HEALTH FREEDOM COALITION A 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.orgwww.nationalhealthfreedom.org, E-mail: similars@aol.com similars@aol.com www.nationalhealthfreedom.orgsimilars@aol.com651-690-0732

81 Copyright Feb. 2005 NHFA81


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