1. Codex Alimentarius Health Freedom UPDATE Presenters and Collaborators: Diane Miller JD National Health Freedom Coalition www.nationalhealthfreedom.org Scott Tips JD National Health Federation www.thenhf.com Diane Miller Copyright 2011

2. Health Freedom Health freedom is the fundamental natural right of survival and personal sovereignty. Diane Miller Copyright 2011

3. Recognition of the inherent dignity of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world. International Declaration of Health Freedom 2006 Diane Miller Copyright 2011

4. Laws State Federal International Diane Miller Copyright 2011

5. International Regulations Diane Miller Copyright 2011

6. CODEX Alimentarius Diane Miller Copyright 2011

9. United Nations Program Established1963 Diane Miller Copyright 2011

10. United Nations - FAO Food and Agricultural Organization Diane Miller Copyright 2011

11. United Nations - WHO World Health Organization Diane Miller Copyright 2011

12. Joint Program FAO and WHO Codex Alimentarius Commission Diane Miller Copyright 2011

13. CODEX ALIMENTARIUS 172 Countries Diane Miller Copyright 2011

14. FAO/WHO Dual Goals Broad Jurisdiction. Protecting the health of consumers. Ensuring fair practices in food trade Diane Miller Copyright 2011

15. HARMONIZATION CONCEPT merging health and food safety “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 Diane Miller Copyright 2011

16. CODEX ALIMENTARIUS Voluntary Compliance “until” Diane Miller Copyright 2011

17. WTO - 1994 Independent Trade Organization - Member countries join by contract - Enforceable by Dispute Resolution Body Diane Miller Copyright 2011

18. WTO Enforceable by Dispute Resolution Body Case by Case Diane Miller Copyright 2011

19. WTO → Codex WTO Agreements refer to Codex as the international standard to be used by WTO members for trading food goods. Diane Miller Copyright 2011

20. WTO Majority of WTO members are Codex Alimentarius members Diane Miller Copyright 2011

21. WTO Will WTO be a vehicle for the enforcement of Codex? Diane Miller Copyright 2011

22. Regional Trade Agreements Will other regional trade agreements such as CAFTA and NAFTA point to Codex and affirm the enforcement of Codex standards or guidelines? Diane Miller Copyright 2011

23. Freedom Infringements Core Problem Disregard for Over-breadth Diane Miller Copyright 2011

24. MERGER FREEDOM ALERT Regulation of food for food safety + Regulation of people for people health Diane Miller Copyright 2011

25. DIFFERENT Concerns Regulating Products ≠ Regulating People Diane Miller Copyright 2011

26. CODEX COMMENTS WHY THE PROGRESS OF HARMONIZATION IS IMPEDED PEOPLE !!!!! -Different legal and administrative systems -Varying political power systems -National attitudes and concepts of sovereign rights Codex Website 2005 Diane Miller Copyright 2011

27. 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 Diane Miller Copyright 2011

28. PEOPLE HEALTH FREEDOMS EducateFreedom of Speech PrayFreedom of Religion SellCommerce Law RecommendFreedom of Speech UseSelf-determination RefuseSelf-determination Diane Miller Copyright 2011

29. LEAST RESTRICTIVE MEANS Examples: Examples: Voluntary is less restrictive than Mandatory Exemptions are least restrictive with conditions Diane Miller Copyright 2011

30. WHO DRAFTS THE STANDARDS? 27 CODEX Committees Examples Codex Committee on Fats and Oils Codex Committee on Fish and Fishery Products Codex Committee on Food Additives Diane Miller Copyright 2011

31. What Food Has Codex Set Standard For? Examples 1981 - Standard for Fresh Fungus "Chanterelle“ 2007 - Regional Standard for Canned Humus with Tehena 300 + MORE Diane Miller Copyright 2011

32. What Does Codex Have to Do with Labels? General Standard for the Labelling of Prepackaged Foods General Standard for the Labelling of Food Additives when sold as such Standard for Labelling of and Claims for Prepackaged Foods for Special Dietary Use Standard for Labelling of and Claims for Foods for Special Medical Purposes Guidelines on Nutrition Labelling Guidelines for the Production, Processing, Labelling and Marketing of Organically Produced Foods Proposed Draft Compilation of Codex Texts Relevant to Labelling of Foods Derived from Modern Biotechnology” Diane Miller Copyright 2011

33. What Standard Impacts Dietary Supplements? Codex Committee on Nutrition and Foods for Special Dietary Uses – Host, Federal Republic of Germany “Guidelines for Vitamin and Mineral Food Supplements” Diane Miller Copyright 2011

34. What Standard Impacts Labelling of GMO’s Codex Committee on Food Labelling Host - Canada “Proposed Draft Compilation of Codex Texts Relevant to Labelling of Foods Derived from Modern Biotechnology” Diane Miller Copyright 2011

37. “Codex envisages a world afforded the highest attainable levels of consumer protection including food safety and quality. To this end, the Commission will develop internationally agreed standards and related text for use in domestic regulation and international trade in food that are based on scientific principles and fulfill the objective of consumer health protection and fair practices in food trade….” Codex Strategic Plan Document Diane Miller Copyright 2011

38. CODEX International Guidelines for Trade Vitamin & Mineral Guidelines PASSED! Italy, July 2005 Diane Miller Copyright 2011

39. WATCH Burdens of Proof REGULATE PEOPLE Government must show there is imminent risk of significant public harm before restricting people’s rights, and address all people’s right issues vs. REGULATE KNOWN TOXINS Manufacturers must show safety and benefit before marketing Manufacturers must show safety and benefit before marketing Diane Miller Copyright 2011

40. Watching for merger power Mixing “food law” and “people law” Freedom Alert! Diane Miller Copyright 2011

41. CODEX Vitamin and Mineral Food Supplement 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” Diane Miller Copyright 2011

42. CODEX Vitamin and Food Supplement 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 Does this mean Vitamins and Minerals are not really food? Diane Miller Copyright 2011

43. CODEX Vitamin and Mineral Food Supplement 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” No preliminary and mandatory showing of imminent risk of significant harm before restricting. Diane Miller Copyright 2011

44. CODEX Vitamin and Mineral Food Supplement 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 No preliminary and mandatory showing of imminent risk of harm. Diane Miller Copyright 2011

45. CODEX Vitamin and Mineral Food Supplements 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, Government has not first proven risk of significant harm. Diane Miller Copyright 2011

46. FREEDOM ALERT! Maximum Amounts of Vitamins and Minerals Shall Be Set ! Upper safe levels… established by scientific risk assessment! Diane Miller Copyright 2011

47. Rationale EXPORTS and IMPORTS Countries can export products to neighbors that are Codex compliant Countries cannot block imports that are equal to or less than Codex limits unless the receiving country treats vitamins and minerals as drugs. FREEDOM ALERT! WHAT ABOUT NO UPPER LIMITS ? Diane Miller Copyright 2011

48. FREEDOM ALERT! No rationale for upper limits on food! Burden of Proof shifting AT THE PRICE OF PERSONAL FREEDOM Diane Miller Copyright 2011

49. 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! Diane Miller Copyright 2011

50. GMO Labelling Partial Victory May 2011 “Proposed Draft Compilation of Codex Texts Relevant to Labelling of Foods Derived from Modern Biotechnology” Headed for Final Approval July 2011!! Diane Miller Copyright 2011

51. CODEX GMO Labeling Draft GUIDELINES FREEDOM LANGUAGE “The purpose of this document is only to recall and assemble in a single document some important elements of guidance from Codex texts, which are relevant to labelling of foods derived from modern biotechnology.” “The purpose of this document is only to recall and assemble in a single document some important elements of guidance from Codex texts, which are relevant to labelling of foods derived from modern biotechnology.” (underline added) (underline added) Draft Guidelines for GMO Labeling People: People: Looking out for the people??? Diane Miller Copyright 2011

52. CODEX GMO Labeling Draft GUIDELINES FREEDOM LANGUAGE “The purpose of this document is only to recall and assemble in a single document some important elements of guidance from Codex texts, which are relevant to labelling of foods derived from modern biotechnology.” “The purpose of this document is only to recall and assemble in a single document some important elements of guidance from Codex texts, which are relevant to labelling of foods derived from modern biotechnology.” (underline added) (underline added) Draft Guidelines for GMO Labeling People: People: Looking out for the people??? Diane Miller Copyright 2011

53. CODEX GMO Labeling Draft GUIDELINES FREEDOM LANGUAGE Different approaches regarding labelling of foods derived from modern biotechnology are used. Any approach implemented by Codex members should be consistent with already adopted Codex provisions. Different approaches regarding labelling of foods derived from modern biotechnology are used. Any approach implemented by Codex members should be consistent with already adopted Codex provisions. (underline added) (underline added) Draft Guidelines for GMO Labeling People Protected: People Protected: Protecting country rights to address this as they see fit for their peoples. Diane Miller Copyright 2011

54. CODEX GMO Labeling Draft GUIDELINES FREEDOM INFRINGING LANGUAGE This document is not intended to suggest or imply that foods derived from modern biotechnology are necessarily different from other foods simply due to their method of production. (underline added) (underline added) Draft Guidelines for GMO Labeling People attempt at DOGMA: People attempt at DOGMA: One side lobbying their views. Diane Miller Copyright 2011

55. FREEDOM VICTORY! Different Approaches are Acknowledged ! Diane Miller Copyright 2011

56. FREEDOM ALERT! UNITED STATES NEEDS TO DEMAND LABELING OF GMOS NEEDS TO DEMAND LABELING OF GMOS Diane Miller Copyright 2011

57. H.R. 5577 Introduce June 23, 2010 Mr. KUCINICH Mr. DEFAZIO Mr. FRANK of Massachusetts Mr. GRIJALVA Mr. MCDERMOTT Mr. MCDERMOTT Mr. STARK Ms. WOOLSEY referred to the Committee on Agriculture the Committee on Energy and Commerce Diane Miller Copyright 2011

58. Consumers Around the World …Want… To preserve their access to, and the quality of, foods and nutrients that they desire or need. Diane Miller Copyright 2011

59. Burden of Proof Food – burden on government People – burden on government Toxins/Drugs – burden on manufacturers Diane Miller Copyright 2011

60. Consumers Want Purity – No Adulteration Quality – No spoilage or diminished value Diane Miller Copyright 2011

61. Consumers Want NO TOXINS Toxic chemicals and chemical residues Toxic food additives Toxic Pesticides and Fertilizers Toxic Pathogens Toxic ingredients and preservatives Diane Miller Copyright 2011

62. Consumers Want Content Verification Diane Miller Copyright 2011

63. Consumers Want Safe Packaging Safe Shipping Environment Diane Miller Copyright 2011

64. Consumers Want Truthful Labeling Significant Facts that Impact Choice Non-misleading labeling Diane Miller Copyright 2011

65. Consumers Want Warnings When probable cause shows need. Diane Miller Copyright 2011

66. Consumers Want Maximized Options Diane Miller Copyright 2011

67. Consumers Don’t Want Consumers do not want access limited or blocked Diane Miller Copyright 2011

68. ITALY 2005 Which countries stood up during the floor debates at Codex and spoke to health freedom? Diane Miller Copyright 2011

69. China at Codex ITALY 2005 China 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. Diane Miller Copyright 2011

70. ITALY 2005 Which NGO stood up during the floor debates at Codex and spoke to health freedom? Diane Miller Copyright 2011

71. ITALY 2005 Which NGO stood up during the floor debates at Codex and spoke to health freedom? Diane Miller Copyright 2011

72. NHF at Codex ITALY 2005 NHF - National Health Federation requested 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 Diane Miller Copyright 2011

73. CANADA 2011 Which countries stood up during the committee meetings and promoted labeling of GMOs? Diane Miller Copyright 2011

74. Codex Committee CANADA 2011 “The Western Hemispheric countries of Canada, the United States, Mexico, Costa Rica, Chile, and Argentina (but not Brazil or Bolivia) have taken a united stand against the mandatory labeling of GMO food products because they have known that consumers, by a vast majority, even in their own countries, will shun GMO foods.” (quote Scott Tips National Health Federation) Diane Miller Copyright 2011

75. Codex Committee CANADA 2011 “ The countries that have taken a consistently strong stand in favor of GMO labeling are the European Union, France, Germany, Hungary, Norway, Switzerland, Morocco, Kenya, Cameroun, Ghana, Mali, and the always outspoken Malaysia, supported by the consumer INGO delegations of Consumers International, International Baby Food Action Network (IBFAN), and of course the National Health Federation. Importantly, the EU delegation head, Jerome Lepeintre, was the steadfast leader of the pro-labeling forces that finally achieved a positive result.” (quote Scott Tips National Health Federation) Diane Miller Copyright 2011

76. CANADA 2011 Which NGO spoke on behalf of consumers during the Codex Labeling Committee Diane Miller Copyright 2011

77. NHF at Codex Committee Canada 2011 NHF - National Health Federation worked hard to align with country delegates who supported labeling and in the end states that: “ When this Guideline is finally adopted, however, the U.S. will no longer be able to use this club effectively since the developing countries can point to a Codex document – enforceable by WTO – that says that Codex has authorized and accepted the labeling of GMO foods. Various wording throughout the Guideline supports the right of individual countries to enact and enforce labeling of GMO foods.” Diane Miller Copyright 2011

78. Now What – July 2011 National Health Federation will attend the Codex annual meeting and will seek its adoption at CAC despite any imperfections. Diane Miller Copyright 2011

79. Now What – WHO 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): Diane Miller Copyright 2011

80. Risk Assessment Not “If” but “Which” Thailand meeting Should the same risk assessment be applied to vitamins and minerals that is applied to toxic substances? What about their benefits!!! Diane Miller Copyright 2011

81. BEYOND CODEX Security and Prosperity and Trilateral Cooperation Charter Diane Miller Copyright 2011

82. Security and Prosperity Partnership of North America March 2005 US – Mexico - Canada “…societies safer and more secure, our businesses more competitive, and our economies more resilient." Joint Statement by President Bush Prime Minister Martin and President Fox March 23, 2005 Diane Miller Copyright 2011

83. Security and Prosperity Partnership of North America No signature or treaty No legislative oversight Is the US government setting a policy foundation for a North American Union? Diane Miller Copyright 2011

84. Trilateral Cooperation Charter Signatories United States: FDA & FTC Canada: Health Products and Food Branch Canadian Food Inspection Agency Competition Bureau Mexico: Federal Comm for Protection from Sanitary Risks Federal Office of Judge Advocate General of Consumers Diane Miller Copyright 2011

85. Trilateral Cooperation Charter Purpose: To increase communication, collaboration, and the exchange of information among the three countries in the areas of drugs, biologics, medical devices, food safety and nutrition to protect and promote human health. Diane Miller Copyright 2011

86. “Trilateral Cooperation Charter” Working Group Combating health fraud: Health Fraud Defined: “The false, deceptive, or misleading promotion, advertisement, distribution, sale, possession for sale, or offering for sale of products or provision of services, intended for human use, that are represented as being safe and/or effective to diagnose, prevent, cure, treat, or mitigate disease (or other conditions), to rehabilitate patients or to provide a beneficial effect on health.” Diane Miller Copyright 2011

87. Trilateral Cooperation Charter “MUCH” - PRIORITIES - Enforcement Action on Fraudulent weight loss products - Explore a web-based site to gather information from fraud cases on one site - Develop criteria for selecting health fraud cases Diane Miller Copyright 2011

88. BEYOND Trilateral Cooperation Charter HARMONIZATION World wide challenge Diane Miller Copyright 2011

89. WHO IS Representing YOU! We need to be at the table long term if we plan to make a difference and protect health freedom.

90. World Health Freedom Assembly Diane Miller Copyright 2011

91. World Health Freedom Assembly Diane Miller Copyright 2011

92. Assembly - Founders Friends of Freedom International Peter HelagsonCanada Live Longer Educational Foundation Trueman TuckCanada Kommittén för Alternativ Medicin Birgitta HolmnerSweden Citizens for Health Jim TurnerUSA Healthkeepers Alliance Wendell WhitmanUSA National Health Freedom Action Clinton MillerUSA Sunshine Health Freedom FoundationJoan VandergriffUSA Native AmericansMark RavenhairUSA Alliance for Health Freedom Australia Michael Bending Australia Salud Natural A.G.Ronald ModraChile New HealthDavid SloanNZ New Zealand Health TrustDavid SloanNZ National Health Freedom CoalitionDiane MillerUSA Diane Miller Copyright 2011

93. International Declaration of Health Freedom Passed by World Health Freedom Assembly and Advisory Organizations September 30, 2006 Additional Courier Signatures Diane Miller Copyright 2011

94. United States Health Freedom Assembly Diane Miller Copyright 2011

95. Need Leaders Who understands health freedom? Who wants health freedom? Who teaches health freedom? Who lives health freedom? Diane Miller Copyright 2011

96. Build Health Freedom Relationships Brick by Brick Diane Miller Copyright 2011

97. Principles of Health Freedom Diane Miller Copyright 2011

98. Principle #1. The fundamental right of self- determination of individuals, to be let alone to survive on their own terms and in their own manner. Diane Miller Copyright 2011

99. Principle #2. The freedom to perceive and to act as one wishes to secure health and survival. -Speak freely -Move about and associate freely -Perceive, believe, meditate, and pray freely - Practice the healing arts Diane Miller Copyright 2011

100. Principle #3 The freedom to access who and what one needs or prefers for ones health and survival Diane Miller Copyright 2011

101. Principle #4 The responsibility to do no harm Diane Miller Copyright 2011

102. Principle #5 The responsibility to respectfully tolerate diverse options in health, healing, and survival choices. Diane Miller Copyright 2011

103. Principle #6 The duty of corporations and institutions to be trustworthy entities upholding health freedom rights and liberties of members of the human family, and abiding by health freedom responsibilities. Diane Miller Copyright 2011

104. Principle #6B And in light of the special legal nature of corporate entities and their systemic impact on the human family, the duty to: Diane Miller Copyright 2011

105. #6B -1 -honor and preserve the sovereign nature of individuals, the sovereignty of the United States; and avoid any negative impact on the sovereignty of other nation states; Diane Miller Copyright 2011

106. #6B-2 -honor and preserve American financial and cultural diversity and multicultural systems, and avoid negative financial or cultural impacts on other nation states; Diane Miller Copyright 2011

107. #6B-3 -avoid creating or being monopolies, and avoid the use of large monopolistic ownership of resources to dominate cultures, public policies, regulations and laws; Diane Miller Copyright 2011

108. #6B-4 -avoid dominant control of natural resources, avoid the suppression of access to natural resources, and avoid potentially harmful modification or destruction of natural resources; and #6B-4 -avoid dominant control of natural resources, avoid the suppression of access to natural resources, and avoid potentially harmful modification or destruction of natural resources; and Diane Miller Copyright 2011

109. #6B-5 -avoid promotion of products, protocols, policies, regulations, or laws, that would encourage unlimited dependence on corporations and institutions, or that would discourage, prohibit, or otherwise negatively impact the ability or will of humans and local human communities to survive and prosper without the corporation of institution. Diane Miller Copyright 2011

110. Principle #7 The duty of the government to protect health freedom and to make no law or public policy abridging health freedom or its fundamental principles. Diane Miller Copyright 2011

111. 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 Diane Miller Copyright 2011

112. Action Steps TO PROTECT FREEDOM Sign Up Sign Up with a freedom group Act or Volunteer to make freedom happen in your state and country Donate to health freedom workers Diane Miller Copyright 2011

113. NATIONAL HEALTH FREEDOM COALITION A 501(c) 3 Educational Nonprofit Organization NATIONAL HEALTH FREEDOM ACTION A 501 (c ) 4 Lobbying Organization Diane Miller JD Director of Law and Public Policy PMB 218, 2136 Ford Parkway St. Paul, MN 55116-1863 www.nationalhealthfreedom.org E-mail: similars@aol.com similars@aol.com 651-690-0732 Diane Miller Copyright 2011

114. NATIONAL HEALTH FEDERATION A 501 (c ) 4 Lobbying Organization www.thenhf.com Diane Miller Copyright 2011

115. Freedom to Heal Diane Miller Copyright 2011

116. Freedom: A Sacred Attitude Towards The Experience Of Life Diane Miller Diane Miller Copyright 2011