The processed food industry has been working for years to erase state standards for food safety and labeling, which are often more protective than federal standards. In particular, the industry has opposed Proposition 65, a voter-passed California law that requires manufacturers and vendors to warn consumers if food contains chemicals that cause cancer or birth defects.

Representative Mike Rogers (R-MI) introduced H.R. 4167, the National Uniformity for Food Act, which would strike any food safety standard, warning requirement, or enforcement process that was not identical to federal standards (except in the area of mercury contamination). According to the non-partisan Congressional Budget Office, the legislation would overturn at least 200 state laws. Although states would be allowed to petition the Food and Drug Administration for a waiver, the FDA would retain final say.

On March 8, 2006, the House approved H.R. 4167 by a 283-139 vote (House roll call vote 32). NO is the pro-environment vote. The Senate has not approved companion legislation.