A Senate health committee rejected today a plan from U.S. Sens. Richard Burr and Kay Hagan to avoid tobacco regulation by the Food and Drug Administration.
Burr, a Republican, and Hagan, a Democrat, worked together on their most significant issue yet to protect tobacco farms, manufacturers and companies — an industry of historic importance to North Carolina.
Both sit on the Senate health committee.
The FDA is responsible for food and drug safety in the country, but Burr and Hagan have argued that it is overburdened and can’t handle more responsibility.
"Please before we go to the floor, please before you put it in the FDA, please understand the damage you could do to the agency that is the gold standard in the country," Burr said.
The Burr/Hagan bill, first introduced this spring, would have created a separate agency for tobacco regulation outside the FDA. It also would have avoided many of the restrictions in the sweeping Family Smoking Prevention and Tobacco Control Act of 2009, by Sen. Ted Kennedy of Massachusetts.
More after the jump.
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Burr presented the alternative as the Senate panel continued two days of discussion on the Kennedy bill in a process called a mark-up. Kennedy's bill not only authorizes FDA regulation, but also would restrict advertising and opens the door to mandated changes in the chemical makeup of tobacco products.
Kennedy's bill is supported by public health agencies across the country.
During today’s discussion, Democratic senators asked Burr details about the warning labels, the ban on candy-flavored products and other issues.
Hagan said little, saying she concurred with Burr’s thoughts on the matter.
In the end, the Burr/Hagan substitute bill failed by a 9-13 margin, with Hagan the sole Democrat in support.
The mark-up on the Kennedy legislation continues later today and into this evening. Once approved, the bill would then go to the full Senate floor — where Burr and Hagan have the chance to offer more amendments.
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