continue to shine forth the light in even greater strength.

ML

Very best regards

Steve Willows

5 Jul 2005

Dear Health Freedom Advocate,

Below are two Codex updates from James Turner (Citizens for Health) and Diane Miller (NHFC). You will notice the lack of consultation between the Codex Commission and the delegates from other countries including Australia. Australia wanted to change the wording of Section 1.3 however after some consultation this was not entertained. It is AHFA's view that with or without the wording Australia is still vulnerable to WTO action with regards to trade barriers and free trade agreements because of our differing "unsafe" dosages and volumes.

You will also notice the impetus given to ratify by the IADSA, a Non-Government Organisation (NGO) which is little more that a lobby group for the pharmaceutical industry similar to ASMI here in Australia. This is a concern given that on the 5th April 2005 the Advocate General, Leendert Geelhoed, declared in his Opinion that the Directive was fundamentally flawed, and contravened EU law. He concluded:

"...that the Directive infringes the principle of proportionality, because basic principles of Community law, such as the requirements of legal protection, of legal certainty and of sound administration have not been properly taken into account. The Directive is, therefore, invalid."

The European Court of Justice has now declared that the judgment, made by the thirteen Judges presiding over the case, will be handed down at 09:30 h on 12 July 2005, in the Courtroom of the Court, Boulevard Konrad Andenauer, Luxembourg-Kirchberg. This was to be heard before Codex convened however there was a last minute change of date. Sound suspicious?

The Codex Commission have now passed into law the new international standards without regards to the European court or its future ruling on the 12th July 2005.

What Australians should take note of is the lack of concern for any countries objections or even international court judgements. If we in Australia falsely believe our national laws (Therapeutic Goods) will protect us from these new international standards then we are sadly mistaken.

Codex Emergency, Breaking News, Anti CAFTA, All Countries:

Summery by James S. Turner, Esq., Board Chair, Citizens for Health who is attending the Codex Committee meeting in Rome as a member of the official U.S. Delegation.

July 3, 2005. Dr. Ed Scarbrough, US Codex Office administrator and administrative leader of the US Delegation to the 28th session of the Codex Alimentarius Commission, today told the delegation at its pre-meeting session that the Codex Commission Executive Committee had endorsed the vitamin and mineral guidelines recommended to it for adoption by its Committee on Nutrition and Foods for Special Dietary Uses (CCNFSDU).

The endorsed guidelines call for upper intake limits based on toxic chemical risk assessment, prohibit health claims for foods, and urge consumers to restrict their intake of nutrients to the foods they eat. The endorsement of the guidelines by the Executive Committee virtually ensures their adoption by the full Commission at its July 4 meeting.

Dr. Scarbrough commented on Chinese and other Asian country desires to have greater flexibility, based on unique dietary habits, to add other categories than vitamins and minerals to the guidelines, and Australia’s “perennial” desire to restrict the guidelines to countries that treat vitamins and minerals only as foods. These arguments, he reported, did not move the Codex Executive Committee away from endorsing the guidelines. Nor did Canada’s lack of support for the guidelines. Canada argued that “given the differences in diets, food supplies, attitudes, and consumption patterns around the world, such guidelines were best left to national governments.” This argument failed to move the Executive Committee to recommend delay or rejection of the guidelines.

click here to read the full story: http://www.citizens.org//priorities/codex/romeupdate.cfm

James S. Turner, partner in Swankin and Turner, a 32 year old Washington DC law firm is a Private Sector Advisor to the US Codex Delegation on behalf of Citizens for Health and Citizens for Health supporter NOW Foods.

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PRESS RELEASE ON WHAT JUST HAPPENED TODAY AT CODEX

Subject: Press Release - National Health Freedom Coalition: Codex Full Commission adopts Codex Guidelines

Press Release - National Health Freedom Coalition ( http://www.nationalhealthfreedom.org ):

Codex Full Commission adopts Codex Guidelines for Vitamin and Mineral Food Supplements in final form July 4, 2005, Rome Italy.

by Diane Miller JD

Minutes ago the full Commission of Codex Alimentarius adopted in final form, the Codex Guidelines for Vitamin and Mineral Food Supplements. This adoption is the Step 8 adoption, the final stage of adoption for the international Codex guidelines. The Codex Vitamin and Mineral Food Supplements guidelines are now official and no longer in draft form.

The Commission, attended by over 85 of the 171 Codex countries, adopted the guidelines by consensus method. There was brief discussion before adoption taking in comments from a small number of countries and two NGOs.

Australia requested adding the word "only" in Section 1.3 between the words "apply" and "in". The sentence would then read "These guidelines apply only in those jurisdictions where products defined in 2.1 are regulated as foods."

Australia's comments were followed by request from Venezuela and Spain to clarify the Spanish translation.

Venezuela was followed by China. China stated that every government in making decisions about vitamins and minerals should take into account the dietary limitations of their own countries, that governments can select vitamins and minerals according to the customs and habits of their country. China also pointed out that there should be definitions of the sources of vitamins.

Columbia spoke up and commented that Vitamins and Minerals are intended for deficiencies and are recommended for health reasons and said that there has to be no exaggerated use of minerals.

Egypt commented and offered a clarification saying that vitamin and minerals can be considered if daily needs are not being met.

After the countries were heard, the Chairman recognized NGOs (Non-Governmental Organizations). National Health Federation ( http://www.thenhf.com ) a world wide consumer organization with NGO status at Codex was recognized to speak. Attorney Scott Tipps of NHF stood and requested the guidelines not be adopted but rather be sent back to committee for 3 important reasons.

1) According to Codex rules a "purpose" statement must be part of all guidelines adopted and the Vitamin and Mineral guidelines did not contain a purpose.

2),the guidelines did not define vitamin and mineral and therefore it is unclear as to what is being regulated.

3) He pointed out that the Chinese comments were substantive and according to Codex rules on page 27 of the procedural manual, a substantive amendment request should be addressed at the committee level. His comments were heard.

The NGO IADSA was then recognized. IADSA stressed the fact that the draft guidelines should be adopted because they had been worked on in committee for near 10 years and that valuable consensus had been reached in the Bonn Germany committee meeting and the guidelines should now be passed.

After all comments, the Chair, consulted with counsel to assess whether the addition of the word "only" would change the meaning of the sentence. After learning that it would not he consulted with Australia and Australia repeated their request for amendment. The Chair recommended adoption of the amendment and there was no dissent. Then the Chair recommended the guidelines be adopted at Stage 8 in their final form and that China submit their substantive amendment requests to the committee at their next meeting. There was no further comment or dissent from any country and the guidelines were adopted.

Michael Bending

Alliance for Health Freedom Australia

http://www.ahf-au.org

'All that is required for evil to prevail is for good men to do nothing'

- Edmund Burke (1729-1797), British writer and politician -

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