Archive for the ‘The Law & CODEX’ Category

Day 11: November 5, 2006

Wednesday, November 8th, 2006

Thailand is a place of grace and beauty (hot, it is true, even in the “winter” season), and she is an astonishing center of cultures, values you have to experience to understand: perhaps the best phrase I can use to say it briefly is joyful integrated spirituality.

Every hotel, for example, every building and every facility (Western, air conditioned, equal to any facility in New York or London) has, in front of it, a Spirit House designed to provide a place of residence for any spirit which might otherwise inhabit the larger building and, as spirits can, make people unhappy.  These exquisite little buildings are tended daily with flowers woven into wreaths and breathtaking offerings.  They are built like little temples and contain at least one deity each.  Sometimes the devotion is made apparent by more than one of these little buildings.  Elevated on pedestals, they are obvious centers of belief and devotion.

This beautiful tradition is a part of the vital commercial blocks of international real estate as well as residential communities.  There is deep and, as far as I have seen so far, utterly universal reverence for the leader of this country (which has never been defeated by anyone throughout its long and rather astonishing history).

Thailand is a country devoted to food.  Food on the street is a way of life: vendors provide food for breakfast when people are on their way to work.  When they are done, the breakfast vendors pack up and leave.  Next come the lunch and dinner vendors.  After that, there is a thriving open-air bar culture so that as people stroll the streets, they can have what they want at that moment, freshly prepared to their liking.

We have not yet gotten to the point of eating street food (despite the fact that we are continually assured that hot food is fresh and safe) but we look longingly at the delicious options and gratefully breathe in the fantastic smells they provide.  Uh, with the exception of the huge cockroaches, delicate silk worms and other insects which are also part of the endless sidewalk cafe, that is.

And everywhere we go, when we talk about food freedom, when we talk about natural health and the right to select it, we have met a warm, resonant welcome.  We are being urged to plant our knowledge and our vision in the ready and receptive intellectual soil here.

I could go on and on and on about the food.  Suffice it to say that variety and spice are the spice of life.  NEVER ask for your food hot here unless you really mean it.  If you do, I suggest that you commend your taste buds and your soul to your maker before you chow down.

More to follow.
Because these conversations are preliminary, you will understand, I am sure, why we are not discussing them in detail.  But they are profound and getting more profound as we go along.

Day 10: November 4, 2006

Monday, November 6th, 2006

Before we leave Chiang Mai tomorrow morning for some very exciting discussions, we decided to take a day to see the area.  We asked a guide to show us the local area and decided that we would go to a local village which is designated as a cultural area where members of several hill tribes live and farm in their traditional ways.  Although there were women sitting on the porches of their homes (some with thatched roofs and some with teak-like leaves for roofing materials) tending babies or weaving traditional cloth, and women tending gardens, the only man we saw was an elderly man fletching an arrow.  Everyone was dressed in traditional clothing which was, for someone like me who loves indigenous textiles, a spectacular delight: colorful, beautifully detailed and meticulously decorated.  Here and there were signs that the modern world was not very far away: a couple of motorcycle helmets slung under a house on stilts, a plastic bucket holding balls of yarn being woven on a strap loom in a technique a thousand years old, plastic hose sprinkling a field, and everywhere the ubiquitous flip flops and plastic bags. These homes did not have electricity and therefore, had no TVs or other modern communication systems.

But these women told us, through our interpreter, that they never left their village homes, that they did not want to go to town and that they felt safe, protected and happy in their compound.  And they looked safe, protected and happy.  Their rice was growing in fields fed with mountain water through bamboo pipes.  Their chickens and chicks wandered freely in the open and their babies seemed healthy and were robust, friendly and beautiful.

As I wandered through their village, I thought about Codex.  I thought about the responsibility that you and I have to protect them (and us) from the mandated under nutrition and contamination of their food that Codex could bring them.  I thought about the bright and well fed babies and the difference that food laced with pesticides and genetically modified DNA would bring to their bright eyes and clear lungs.  I thought about what allergies and breast cancer and autoimmune disease would mean to them.  This simple day in the country was another reminder why we do what we do — and why you support us: health rests in clean food.  Health freedom rests in natural choices to get healthy and/or stay that way.

For all of us. Thai, Nigerian, Indian, Peruvian, American.  We are all built around food.  And our health depends up it.  Since we have electricity, the internet and a Western knowledge-base of great sophistication (which includes information about Codex), how could we fail to act to protect ourselves and our brothers and sisters spread around the world?  Of course not!

It was a good reminder for me of how vital this work is.  I’m glad we took the opportunity!

Day 9: November 3, 2006

Saturday, November 4th, 2006

Friday morning we had breakfast with the Thai delegate who was so badly treated by Dr. Grossklaus on Wednesday, November 1. You will remember that the Thai paper on the addition of sugar to formula and beverages for babies and young children received not only short shrift, but rude and inappropriate dismissal despite the vital importance of the issue for world health.

The Thai delegate was startled and very unhappy with the proceedings. We spoke with him on Thursday on the way to the Floral Gardens, gave him our materials and asked if we could meet with him on Friday morning. He agreed. He was quite distressed: although he is one of the Codex managers, he had never attended Dr. Grossklaus’ Committee and he was deeply upset by what he saw and experienced for himself and others.

Our breakfast was interesting, to say the least. This gentleman is based in Rome at Codex headquarters and had never attended CCNFSDU before. He was
therefore not prepared for the proceedings which Dr. Grossklaus presides over.
We discussed that and we discussed options for better, more consumer- protective function in Codex and he seemed to be listening hard. It was a good meeting. We will see what comes of it, of course, but change is made out of such meetings.

Once the report was available, delegates read it carefully and the fun began: what gets into the report is really all that counts since nothing else is an official record of a Codex meeting. You can guess the outcome: what the Chairman wanted in got in. What he did not want in did not get recorded or included in many, many circumstances. And Dr. G. exercises absolute and autocratic power.

Let’s revisit the fluoride issue: you recall that South Africa, using our data, was able to get fluoride banned as an added ingredient in formula for normal infants. You will also recall that the US did not like that very much and opposed that decision. In the report of the CCNFSDU, therefore, the US insisted on undercutting SA by noting that the studies and information which SA cited were not part of the conclusions of a relevant study and therefore were not worth very much. So the issue is not dead, by any means! You can see why it is so important to continue to put information out, to meet with countries and to move the items forward one by one by one by one. And your support is essential to help us keep these world food standards pressing forward toward your health and mine.
Every one of the Codex decisions is part of a fabric which either supports the health of consumers or damages it.  Increased pressure, lobbying and country visitation is necessary not only to protect them, but to protect you as well.  The US, you remember, has announced its decision to “HARMonize” with Codex (October 11, 1995, Federal Register).  Therefore, whatever Codex ultimately says is what the US will try to do.  And there is a great deal of Codex that you do not want on your fork, I can assure you.

So making sure that foreign countries reshape Codex (the way South Africa did here) is very important to YOUR health.

But it is also very expensive.  If you haven’t signed the Citizens Petition, now would be a very good time.  If you haven’t made a tax deductible donation, or if you have but know that now is another good time to give, NOW is the operative word!

We are making great headway.  Your signatures help spread the word and your tax deductible donations provides the wind in our sails.

You may have noticed the funding thermometer has topped $155K out of $200K.  You have been wonderful, just wonderful.  But now we need some more help.  You know what and you know why.  You also know that there is no time to loose.  We are on the ground making things happen like no one else.   If you don’t think Codex is fighting back, guess again.  But we are not just passive targets.  Forewarned is forearmed.  And we have scientists, lawyers, educators, nurses, Nurse Practitioners, etc. who want to be part of OUR Codex process.  Reaching out to them is useful and effective.  It is also expensive.

We know you will do the right thing.  Your health freedom is too important to throw it away!

Day 8: November 2, 2006

Friday, November 3rd, 2006

WOW! When I opened my mail box, there were 154 Citizens Petitions! Do the math: if we could do that many for a year, think of the size of the group taking exception to theillegal US Codex policy re: Vitamins and Minerals! Better yet, if you will email the link (http://www.healthfreedomusa.org/action/step3/petition-letter.shtml) to the Citizens Petition and ask every one you know to sgn it, We will have at least a hundred times that number every single day! And in this particular game, numbers most certainly do count.

Speaking of numbers, please help to add up our pennise. Search with the Yahool search engine, www:GoodSearch.com, (http://www.goodsearch.com/?charityid=817759) make it your home page and start searching. You search, we get a penny. You search again, we get another penny. Check it out. Using it funds the battle without taking anything away from your pocket. Good deal!
A lot of important events at a meeting like Codex do not take place in the meeting room. In fact, today’s important events took place on our “day off” while the Delegates went off to occupy themselves so the Secretariat, the administrative arm of the Committee on Nutrition and Foods for Special Dietary Uses, could get the report of the proceedings into shape for tomorrow’s discussion over what was, and what was not, said.

The plan for the day was that we would be able to spend several hours at the brand new Royal Horticultural Exhibit which opened yesterday and will run through January, 2007. It was built to honor the King’s dedication to agriculture and improving the well-being of the Thai people and is a lush, exhaustive (and exhausting) catalogue of the floral richness of this verdant land. It is huge and the sun was blistering. None the less, this floral pleasure garden was a delight.

On the bus on the way to the gardens, we happened to be seated in front of a member of an observer organization. Up to now there has been a lack of collegiality and productive contact but we have maintained, with them as with everyone else, an open hand and a welcoming attitude. After all, the healthfreedom sandbox is big enough for all of us and the more people there are who can whack at the giant, the better. Not everyone see things this way, though, and this organization has been pretty unfriendly.

We persist in our positive attitude, however, and had the pleasure of making real contact with a member of that delegation with whom we had the opportunity to discuss our two part strategy for solving the Codex problem. We presented the member of the organization a copy of our ebook.

Lo and behold, a reasonable, meaningful discussion ensued. Now we have a language of common focus and discussion. We were very pleased by that since dissent in our own ranks gets none of us anywhere.

In fact, that is a pretty good rule of thumb: if a person or organization is bad mouthing anyone else (by direct or indirect speech, writing, smear, etc.), there is no reason to suspect that person or group is either a useful advocate for health and health freedom or a trustworthy leader. Steer Clear!

So we had this meaningful discussion and suddenly our point was clear to the other person. That was worth the price of admission, I can tell you.

During the rest of the day’s activities (after we got home and showered — again!, we spent the day with known friendlies and discussed strategy during our visit to the silk factory and the famous “Night Market”.

I would mount the pictures but I cannot figure out how to do that. Besides, I am so tired I cannot see straight to type.

More tomorrow when I report on the Codex session devoted to preparing the report for this committee — that’s where the fist fights and hair pulling (so to speak) take place.

Day 7: November 1, 2006

Wednesday, November 1st, 2006

Before we get started, have you been using www.GoodSearch for your internet searches? Use this link and make this your home page. You’ll be using a great search engine (powered by Yahoo) and getting us a penny every time you search! Here’s the link: http://www.goodsearch.com/?charityid=817759

Dispatch from the trenches.

I am sitting in the Codex meeting right now. There is an oops: the other side is not giving up so easily (they never do). The fluoride battle for infant formula for ordinary use has been won BUT the war for safe and pure foods re: fluoride is not over yet.

Yesterday’s battle was won, with the help of the documentation we provided to South Africa (SA) in favor of infant formula but the fluoride standard for foods for special infant formulas and foods for young children was on the docket for today. These standards (which cover items which can be added to foods for sick infants, infants with special needs and young children) came up for discussion and South Africa almost managed, without opposition from anyone, to have both potassium fluoride and calcium fluoride deleted. Think again! Despite the fact that the discussion had been concluded, the EU came back to fluoride later. Ordinarily, Dr. Grossklaus does not allow anyone to revisit issues. His consistency is not in evidence, however, when the EU or US wants something. Right now the EU wants to keep fluoride in the list of permitted items (in this case, toxins) for kids that have special needs. In other words, the EU wants to leave these toxins in for especially vulnerable kids and so does the US. Australia joined in to support the US and EU.

So our victory is significant and, at the same time, marred by the need to continue the battle. Fluoride is still a toxin, even if the child has been weaned or has celiac disease or whatever. You can see from that how important eternal vigilance, the appropriate marshalling and deployment of our resources is to this battle. Here’s what’s going on in the Codex chamber right now:
SA is saying that fluoride is not essential for human nutrition. The US weighs in supporting the EU “based on the use of these compounds in special medical circumstances”. A health group supports SA and notes that water can be cleansed to remove fluoride. Australia supports EC also noting that Sodium fluoride is not up for debate and therefore potassium and calcium fluoride should be allowed. Dr. Grossklaus, the chairman, decides that they should be allowed but SA comes back and says that SA wants it noted in the final report that their objection to the use of fluoride continues. The Chairman declared the issue settled and quickly moved on.

The cool thing? More and more countries are getting the message: Codex texts are NOT mandatory. Countries which do not like what Codex has decided MAY, if they so uncomfortable with Codex policies (1. adopt a better guideline or standard based on better science and 2. then enact it as your country’s law) is becoming more and more relevant as countries realize that they have these options. The times really are a’changin’.

Antioxidants are now under consideration for addition to foods for children and infants, which would have been a new section in the standards. That is not a big deal. New sections are easily added. US and EU opposed adding either antioxidants or a new section. SA favored retaining the category for further discussion (“keep it in square brackets”). Dr. Grossklaus asked if any one supported South Africa or if it were a “personal opinion”. Since no one else spoke for it, the category disappeared. Are antioxidants useful for babies and children? Absolutely. Does Codex endorse their use? Not now: the US and EU ganged up on that option for our children’s well-being.

Remember: Codex serves the illness industry. We are fighting for Codex to act in the service of health or, if that cannot be achieved, for Codex to be left behind while countries create their own health standards and trade with others who value health as well.

Oh, yes, one other thing: on Sunday 29, 2006,October, before the actual beginning of the Codex meeting proper here in Thailand, there was a meeting that takes place on a regular basis at Codex meetings. The US, EU, Australia and Canada met to make sure that their positions were in line. It’s not too hard to draw the appropriate conclusions from that particular bit of information.

Next on the agenda (although there are quite a number of items before it, such as the amount of gum Arabic which can be added to food — should it be 100 mg/kg as previously allowed or 10 mg/kg as indicated through a typo in the standards document?) is the Global Strategy for Diet, Physical Activity and Health (GS).

You remember that SA has proposed 11 strongly pro-health principles which we support. You also remember the fight over them at the last Codex committee at which they were to be discussed.

We were loaded for bear. We had a coalition of 6 countries and 3 Observers (NGOs who can speak after all the countries have spoken) ready to raise a ruckus in support of SA’s 11 points. What happened next was fascinating, indeed.

Dr. Grossklaus, famous for his autocratic behavior, changed the tune. Explicitly ignoring any dissent whatsoever, he destroyed what might be said to be even a slightly democratic process when he defined the time allowed and the issues under consideration in such narrow terms that there was no possibility of dealing with health on any meaningful level.

First, time: Although my read of the procedural requirements is that the GS should have been considered as Agenda Item 2, Work Referred by Other Bodies, it was moved to the end of the proceedings. That should sound familiar since it is exactly what happened last year in this same committee when we had a total of about 6 minutes for discussion. This time it was almost the last item and Dr. G. used the time pressure which he had carefully engineered to race through the item so that there was no time for discussion of any meaningful nature. Lengthy reports were discussed in a minute or less with countries urged not to make comments in the interests of time! Countries which did make “interventions” (as comments are called) were scolded for taking the Committee’s valuable time.

Thailand introduced a paper urging the limitation of sugar in formula, cereal and drinks for children 2 and under to levels no greater than breast milk since the sweet taste preference is set in that period, chemo receptors are laid down, social meaning is acquired for food, etc. This is directly in accord with the GS’s recommendations.

Never mine. No time, no time. Norway supported, as it has all along, this health measure which would save countless lives and untold numbers of diabetes, heart disease, cancer, obesity, stokes, etc. A simple measure, but a very expensive one. Sugar and sweeteners are a huge economic force. Here is a quote from Dr. G. when he rudely interrupted Thailand: “Thailand, we can’t discuss the whole strategy. Please give specific conclusions.”

Why “can’t we discuss the whole strategy?” That is, after all, the job of this Committee and the one on Food Labeling, mandated by the parent bodies, WHO and FAO.

On cue, the every industry-friendly EU said,

“The paper sets out the recommendations that are relating to this issue but I would like to know that the recommendations are relating to the overall diet and not to the individual products. The diversified diet of infants including cereal products are such that they consume several diets. Therefore we believe that applying the recommendations to a single product about sugar is going a little bit far. We notice the objectives but we believe that there are different means of achieving them, non regulatory and regulatory.”

Forget limiting sugar to breast milk levels. Ploy number 2 coming up: Dr. Grossklaus then confused the issue totally with the introduction of cereals:

We have general recommendations of pediatricians and it is hard to translate this diet guideline into the diet of individual persons. How does cereal based diet translate into dental caries, for example? It is very, very difficult.

I would like to discuss this item for another 5 minutes only. This is the maximum. [only another 5 minutes for countless millions of lives impacted by failure to enact achievable, but less profitable, disease control measures– comment added by Natural Solutions Foundation]

The question is whether the position of EU is also shared by other member state that it is difficult to revise the standard.”

South Africa, the breast feeding NGOs and (I think — it was hard to hear) Finland chastised the EU saying “We are deeply shocked by the unhelpful position of the EU. We would have expected them to support Thailand, Norway and SA”. But once the cereal issue got put on the floor, the discussion became chaotic. India said, quite rightly, that their problems were under nutrition in children, not over nutrition so cereals for their people should have more energy density, not less (e.g., calories per unit of food) and Dr. G. just stirred the pot.

So WHO weighed in. Here is a direct, verbatim quote of WHO’s intervention:

“We believe that the standards should be set having in mind healthy diet and healthy diet is for all. We are not looking at obesity without looking at under nutrition for all. The mentality is what leads to a healthy life for all children. The case is that for outside [these norms] will be dealt with by a number of different interventions. Last year we had already put the issue of the 10% level [energy from sugar] that was discussed; the translation of that figure is not a straight translation. In a general way we support very much the intent of Thailand wanting to reach a standard that is the best standard for all children, especially for infant feeding.”

At that point, NGO of European pediatricians with specialization in GI, liver and development volunteered to lead a Working Group to clarify these issues and report back to the Committee next year.

“We have been following this with great interest. It seems to us that different standards and issues have been raised by different delegations. We feel that these issues are complex and need to be examined in light of scientific data and we wonder if it might not be useful to bring together an ad hoc working group.”

WHO liked the idea: “I would like to support this because we need to take into account obese as well as malnourished children.

Ah! Not so fast there! Although Thailand agreed to the Working Group without really considering it,

“We appreciate this, but because of the shortness of time we don’t have time to discuss this in detail so we will support the proposal of ESPHAGAN [the NGO]”,

but as if on cue, the German Secretariat of this Committee, the Codex Committee on Nutrition and Special Dietary Uses (CCNFSDU), said that the Committee could not, for procedural reasons, accept a working group providing data if that group were led by an observer group.

The EU and then the US sucker punched the idea and the last word on the discussion of the Global Strategy this year came from Barbara Schneeman, US Delegate to CCNFSDU,

“It should be stated in the report that the committee cannot accept ESPHAGAN’s offer to have an ad hoc group.”

Creative chaos in the service of industry and illness. Thank you, FDA, EU and Codex.

We definitely did not win that round. The tune was changed and so we have to change our dance steps. Immediately after this disgusting session concluded (and, by the way, it was preceded with what appeared to me to be a completely unnecessary 30 minute break (although they may have been dealing with union rules — that I do not know) our team had a meeting which lasted for several hours to work out our forthcoming steps. They are good. Very good.

This was, is, and continues to be, a winnable battle. Every time the other side behaves this obviously badly, more countries “get it” and the willingness to dance a different dance gets stronger. Last night there was a lot of willingness after this shameful performance by the forces arrayed.

Thursday, November 2, the delegates are being taken on an excursion to a horticultural exhibition created in honor of the King of Thailand. If I can figure out how to do it, I will mount some photos of that excursion. You may rest assured that there will be a good deal of talk about yesterday! It’s a working outing and the pictures should be terrific!