FDA Menu Labeling Rule: PFMA opposes the currently proposed menu labeling rule as it is a one-size-fits-all approach and doesn’t take into account the wide variety of grocery and convenience store formats that exist in the marketplace. The proposed rule uses number of locations and floor space instead of sales from food intended for immediate consumption to determine who falls under the rule.
Common Sense Nutrition Disclosure Act: H.R. 2017 (McMorris Rodgers) and S. 2217 (Blunt) -PFMA supports this legislation which would:
Allow for up to two years for compliance following publication of updated final regulations, and at least one year for compliance with FDA published guidance;
Clarify that the menu labeling law is intended for “standard menu items,” defined as those items prepared with uniformity and routinely included on a menu or menu board at 20 or more locations;
Provide some flexibility on the placement and display, such as font-sizing, of nutritional information where customers make their purchasing decisions;
Provide liability protection from by allowing an establishment to take corrective actions within 90-days prior to federal, state and municipal enforcement and protects against frivolous civil actions; and
Provide flexibility within “reasonable basis” standards, in-store certifications, remote-ordering, multi-serving and variable items.
Sugar-Sweetened Beverages Tax Act of 2014:H.R. 1687 (DeLauro) — PFMA opposes this bill that would impose an excise tax on sugar-sweetened beverages, to dedicate the revenues from such tax to the prevention, treatment, and research of diet-related health conditions in priority populations. The rate of the tax shall be equal to one cent per 4.2 grams of caloric sweetener contained in sugar-sweetened beverage products. The manufacturer, producer, or importer shall be liable for the tax imposed in the legislation.
SNAP Cuts and Restrictions: PFMA opposes additional cuts and restrictions to the SNAP program. This is an important program for providing healthy, fresh foods to low-income individuals, and helps consumers and businesses who participate. The positive return on investment of this program is well-documented in the public sphere. As members of local food boards in the communities to which they belong, PFMA members see the importance of this program in helping families thrive during difficult times.
Food Donation Tax Incentives/Fighting Hunger Incentive Act of 2015: H.R. 644 (Reed) - PFMA supports the Fighting Hunger Incentive Act of 2015. This will make permanent the tax deduction for charitable contributions of food inventory and increase from 10% to 15% of taxpayer aggregate net income the amount of deductible food inventory contributions which a taxpayer may make in any taxable year.
Pro-Growth Tax Extenders: H.R. 636 (Tiberi) - PFMA supports the extension of Pro-growth Tax Extenders such as the Work Opportunity Tax Credit (WOTC), 15 year straight-line cost recovery for qualified leasehold improvements, bonus depreciation, the increased expensing of up to $500,000 in equipment, New Markets Tax Credit (NMTC), and enhanced charitable deductions for contributions of food expired at the end of 2013 due to Congressional inaction.
The Auto Enroll Repeal Act: PFMA supports this legislation which would repeal automatic enrollment for employees of large employers. The 2010 health care law requires that employers with 200 or more full-time employees automatically enroll their full-time employee s in health care coverage by their 91st day of employment, unless the employee had opted out prior to the deadline. Employers that are subjected to this requirement are already bound by the health care law’s share responsibility for employer’s provision, which requires an offer of coverage to these same employees. We are concerned that the automatic enrollment provision may create additional confusion for our employees in an already complex benefit area, and could result in unnecessary hardship if they find themselves automatically enrolled in a plan in which they do not wish to participate.
Mandatory GMO Labeling: PFMA opposes mandatory and state-by-state GMO labeling initiatives. We believe that the creation of a state-by-state patchwork of regulations on this issue would have a negative impact on businesses and consumers. A uniform and voluntary process should be developed for labeling these products in a manner that doesn’t hurt businesses and provides consumers the information they want and deserve. Study after study has shown GMO products are safe for consumers and it is with that in mind that we ask for careful deliberation before any GMO labeling regulations or laws are implemented.
Tobacco, E-Cigarettes and OTP Taxes: PFMA opposes new taxes on cigarettes, e-cigarettes and other tobacco products.
ACA - Forty Hours is Full Time Act and Save American Workers Act: S. 30 (Collins) and H.R. 30 (Young) -- PFMA supports these bills. They amend the Internal Revenue Code, with respect to the employer mandate to provide health care coverage, to:
Modify the formula for calculating the number of full-time employees employed by an applicable large employer subject to the mandate; and
Define a "full-time employee" as an employee who is employed on average at least 40 hours per week.
Marketplace Fairness Act of 2013: S. 698 (Enzi) -- PFMA supports this bill. It authorizes each member state under the Streamlined Sales and Use Tax Agreement to require all sellers not qualifying for the small-seller exception to collect and remit sales and use taxes for remote sales under the provisions of the Agreement, but only if such Agreement complies with the minimum simplification requirements relating to the administration of such taxes, audits and streamlined filings.
Data Security: PFMA has joined with state and national partners to encourage Congress to include our industries and sectors of the economy to find a reasonable, fair and effective solution to this issue which protects customers and doesn’t adversely impact one industry versus another.
The Safe and Accurate Food Labeling Act of 2015: H.R. 1599 (Pompeo) — PFMA supports this legislation which would create a national standard for labeling GMO products. Also, it would preempt states from enacting their own labeling legislation that goes beyond the federal FDA established guidelines.
Paid Leave - Formerly the Healthy Families Act:H.R. 932 (DeLauro) --PFMA opposes this legislation as it would require nearly all businesses to provide paid leave to full and part time employees, regardless of their ability to do so. This takes the decision regarding this matter out of the hands of the individuals who can make it best - the owners.
EPA Proposed Clean Air Act Standards For Ozone: PFMA opposes the EPA’s new proposed stringent clean air act standards for ozone. PFMA is part of a national coalition opposing the new standards. The standards would bring the current standard from 75 parts per billion (ppb) to a range between 70 ppb to 65 ppb and ask for comment on a standard all the way down to 60 ppb. These new standards would put jobs at risk and place a cap on new or expanding businesses in the nonattainment areas which are covered by the proposed standards.
The Corn Ethanol Elimination Act: S. 577 (Toomey and Feinstein) — PFMA supports this legislation which would seek to amend the Clean Air Act to eliminate the corn ethanol mandate for renewable fuel.
The Genetically Engineered Food Right-to-Know Act of 2015:H.R. 913 (DeFazio) - PFMA opposes this bill that would mandate the labeling of genetically-engineered ingredients in food or beverages sold in the US. PFMA supports a voluntary federal solution that is based on science.
Workforce Democracy and Fairness Act:S. 933 (Alexander) and H.R. 1768 (Kline) - PFMA supports these bills, legislation to counter NLRB Ambush Elections rulemaking. This legislation would:
Ensure workers have enough time to make an informed decision in an union election by prohibiting any election from taking place in less than 35 days.
Provide employees at least 14 days to prepare their case to present before a NLRB election officer and protect the right to raise additional concerns throughout the pre-election hearing.
Reassert the NLRB's responsibility to address critical issues before certifying a union, including voter eligibility, and the appropriate unit of employees that will form a union.
Empower workers to control their personal information by allowing each employee to determine which type of personal contact information that would be provided to union organizers.
PATENT Act:S. 1137 (Grassley) - PFMA supports this legislation. The Protecting American Talent and Entrepreneurship Act (the PATENT Act) makes necessary and commonsense reforms to stop abusive patent litigation practices and prevent bad actors from further undermining the patent system.
Data Breach Notification Act of 2015 - PFMA supports this bill. It would create a comprehensive, nationwide, and uniform data breach law that is consistently applied and enforced across industries, and requires minimum data security standards and consumer notification for breaches of financial data and other sensitive information.
Minimum Wage Increases - PFMA opposes the multiple proposals to raise the Federal minimum wage to $10.10 an hour and higher and tie future wage increases to the Consumer Price Index.
Nutritious Options for Meals Act:H.R. 2383 (Rice) - PFMA opposes this legislation, which would amend the Food and Nutrition Act of 2008 to change the eligible foods allowed for purchase under the Supplemental Nutrition Assistance Program (SNAP). This bill would add restrictions to SNAP purchases and increase the cost of accepting SNAP for retailers. Also, the overall cost to consumers could go up as a result of these changes.
Financial Regulatory Improvement Act of 2015:S. 1484 (Shelby)- PFMA opposes this bill because it includes language that would weaken swipe fee reforms which were included in the Dodd-Frank Act. These reforms have benefited American consumers, businesses, and the economy more broadly since enacted five years ago.
Obama Administration/Department of Labor Changes to Overtime Rules - PFMA opposes the proposed changes by the department of labor which would amend exemptions for executive, administrative, professional, outside sales and computer employees. Also, PFMA opposes the increasing of the salary level required for the white collar exemptions and the highly compensated exemption and annual automatic updating of those levels.
The Regulatory Accountability Act of 2015:S. 2006 (Portman) - PFMA supports this legislation which would improve the process by which federal agencies promulgate regulations to improve accountability and the integrity of the rulemaking process. The bill would not prevent federal agencies from issuing regulations or accomplishing needed regulatory objectives. It would, however, make the regulatory process more transparent, agencies more accountable, and regulations more carefully designed.
Bonus Depreciation:H.R. 2510 (Representative Tiberi) - PFMA supports this bill that would make permanent bonus depreciation. This tax provision, especially coupled with other pro-growth tax extenders, helping enable PFMA members to create jobs and reinvest in their businesses.
The Protecting Local Business Opportunity Act:H.R. 3459 (Kline) and S. 2015 (Alexander) - PFMA supports these bills which would roll back the definition of “joint employer” to reestablish the “direct and immediate control” standard.
The Data Security Act of 2015:H.R. 2205 (Neugebauer) – PFMA opposes this bill which would apply banking standards to other business models, and would not provide the type of regulatory flexibility needed to operate effectively across other business sectors. H.R. 2205 would also give the Federal Trade Commission (FTC) strong enforcement powers and the ability to go after companies that have been the victim of a breach without allowing the victim an opportunity to fix their security protocols. Finally, the notification requirements can leave merchants responsible for providing consumer notifications-even if they were not the party that suffered the breach.
The Improving Child Nutrition Integrity and Access Act of 2016: PFMA supports this legislation which would streamline summer and after-school meal programs to make it easier to serve meals to kids year-round. The bill allows some states to provide summer EBT (electronic benefit transfer) cards to families in hard-to-reach areas to purchase groceries. It also allows some states to use alternative methods of reaching kids when they are unable to make it to meal sites. Also, the bill does not make cuts to SNAP (formerly known as food stamps) or other anti-poverty programs to pay for these changes.
The Pharmacy and Medically Underserved Areas Enhancement Act:S. 314 (Grassley) and H.R. 592 (Guthrie) - PFMA supports both of these bills, which would grant pharmacists provider status under Medicare Part B and allow them to be reimbursed for the care they deliver to Medicare beneficiaries in medically underserved areas.