[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1771 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1771

 To amend the requirements of the Federal Food, Drug, and Cosmetic Act 
    for the labeling of food for pesticides, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 1995

  Mr. Waxman introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the requirements of the Federal Food, Drug, and Cosmetic Act 
    for the labeling of food for pesticides, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND REFERENCE.

    (A) Short Title.--This Act may be cited as the ``Pesticide Safety 
and Right-to-Know Act of 1995 ''.
    (b) Reference.--Whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Federal Food, Drug, and Cosmetic Act.

SEC. 2. RIGHT TO KNOW PROVISIONS.

    (a) New Label Requirement.--Section 403(q)(1) (21 U.S.C. 343(q)(1)) 
is amended--
            (1) by striking the period at the end of clause (E) and 
        inserting ``, and'', and
            (2) by adding at the end the following:
            ``(F) if pesticides containing known or probable human 
        carcinogens have been applied to the food, the following 
        notice: ``Notice: Pesticides Containing Known or Probable Human 
        Carcinogens Have Been Applied to This Food.''.
    (b) Conforming Amendment.--Section 403(q)(4) (21 U.S.C. 343(q)(4) 
is amended by inserting after ``1990'' each place it appears the 
following: ``or, in the case of subparagraph (1)(F), the date of the 
enactment of the Pesticide Safety and Right-to-Know Act of 1995''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect upon the expiration of 18 months after the date of the 
enactment of this Act, except that if a pesticide contains a substance 
that is designated after such date as a known or probable human 
carcinogen, such amendments shall, with respect to the label of food to 
which such pesticide has been applied, take effect 12 months after such 
designation.

SEC. 3. PROTECTION OF CHILDREN.

    Section 408 (21 U.S.C. 346a) is amended by adding at the end the 
following:
    ``(p)(1) After 12 months after the date of the enactment of the 
Pesticide Safety and Right-to-Know Act of 1995, the Administrator 
shall, before prescribing a tolerance for a pesticide chemical under 
this section, determine in writing whether dietary exposure to the 
pesticide chemical under the tolerance being prescribed for the 
pesticide chemical is reasonably anticipated to cause cancer, damage to 
the developing neurological, immune, or reproductive systems, or other 
serious adverse health effects in any child. The Administrator may not 
prescribe a tolerance for a pesticide chemical if the Administrator 
determines that dietary exposure to the pesticide chemical under such 
tolerance is reasonably anticipated to cause such effects in any child.
    ``(2) In making a determination under subparagraph (1), the 
Administrator shall implement the recommendations of the National 
Research Council in its 1993 report entitled `Pesticides in the Diet of 
Infants and Children'.''.

SEC. 4. BREAST CANCER AND REPRODUCTIVE DISORDER PREVENTION.

    Section 408 (21 U.S.C. 346a), as amended by section 3, is amended 
by adding at the end the following:
    ``(q) After 12 months after the date of the enactment of the 
Pesticide Safety and Right-to-Know Act of 1995, the Administrator 
shall, before prescribing a tolerance for a pesticide chemical under 
this section, determine in writing whether dietary exposure to the 
pesticide chemical under the tolerance being prescribed for the 
pesticide chemical is reasonably anticipated to cause breast cancer or 
serious reproductive disorders in any person. The Administrator may not 
prescribe a tolerance for a pesticide chemical if the Administrator 
determines that dietary exposure to the pesticide chemical under such 
tolerance is reasonably anticipated to cause such effects in any 
person.''.
                                 <all>