Schwarzenegger: Federal Government Should Not ‘Interfere’ in State Law

Gov. Arnold Schwarzenegger (R) on Tuesday said he opposed federal legislation (HR 4167) that would preempt Proposition 65, a state law that allows the state to issue warnings related to public health and safety.

Proposition 65 was approved by voters in 1986 to give the state authority to publish a list of chemicals known to cause cancer, birth defects or reproductive harm. The law requires businesses to post notices about significant amounts of harmful chemicals in products and the environment. The list, which must be updated annually, includes about 750 chemicals.

Under the federal bill, FDA would establish uniform national food safety standards.

In a letter to Sen. Dianne Feinstein (D-Calif.), who also opposes the bill, Schwarzenegger wrote, "The federal government should not interfere in state authority to protect consumers and the environment."

An Office of the Governor release states that "FDA's food labeling requirements focus on nutritional content and its advisories focus on short-term health issues," whereas Proposition 65 "bridges a gap in federal programs" (Office of the Governor release, 4/18).

Schwarzenegger's letter to Feinstein is available online. Note: You must have Adobe Acrobat Reader to view the letter.