[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3115 Introduced in House (IH)]

  2d Session
                                H. R. 3115

To amend the Federal Food, Drug, and Cosmetic Act to require ingredient 
labeling for malt beverages, wine, and distilled spirits, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 1996

Mrs. Schroeder (for herself, Mr. Kennedy of Massachusetts, Mr. Dellums, 
  Mr. Serrano, Mr. Ackerman, and Mr. Markey) introduced the following 
         bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Food, Drug, and Cosmetic Act to require ingredient 
labeling for malt beverages, wine, and distilled spirits, 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.

    This Act may be cited as the ``Alcohol Ingredient Labeling Act of 
1996''.

SEC. 2. LABELING.

    Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
343) is amended by adding at the end the following:
    ``(t)(1) If it is a malt beverage (including malt liquor or malt 
cooler), wine (including wine cooler or fortified wine), distilled 
spirit (including distilled spirit cooler), or any other beverage, 
over-the-counter medication, or similar product containing more than 
\1/2\ percent alcohol by volume unless it bears a label which--
            ``(A) discloses in a nonpromotional manner the alcoholic 
        content by volume,
            ``(B) discloses the number of drinks it contains rounded to 
        the nearest quarter drink,
            ``(C) discloses its ingredients and calories per container 
        and per drink,
            ``(D) discloses the common or usual name of each ingredient 
        (including additives), and
            ``(E) bears the following statement: `If you or someone you 
        know has a drinking problem, a call may be made to (reference 
        to a toll-free number established and operated by the 
        Secretary) for help'.
    ``(2) For purposes of subparagraph (1):
            ``(A) The term `malt beverage' means a beverage made by the 
        alcoholic fermentation of an infusion or decoction, or 
        combination of both, in potable brewing water of malted barley 
        with hops, or their parts or products, with or without other 
        malted cereals, with or without the addition of unmalted or 
        prepared cereals, other carbohydrates, or materials prepared, 
        with or without the addition of carbon dioxide, and with or 
        without other wholesome products suitable for human food 
        consumption.
            ``(B) The term `wine' means wine as defined in sections 610 
        and 617 of the Revenue Act of 1918 and other alcoholic 
        beverages made in the manner of wine, including sparkling and 
        carbonated wine, wine made from condensed grape must, wine made 
        from other agricultural products than the juice of sound, ripe 
        grapes, imitation wine, wine compounds sold as wine, vermouth, 
        cider, sherry, and sake if it contains not less than 7 percent 
        and not more than 24 percent of alcohol by volume and if for 
        nonindustrial use.
            ``(C) The term `distilled spirit' means ethyl alcohol, 
        hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy, 
        gin, and other distilled spirits, including all dilutions and 
        mixtures thereof for nonindustrial use. Such term does not 
        include mixtures containing wine, bottled at 48 degrees of 
        proof or less if the mixture contains more than 50 percent wine 
        on a proof gallon basis.
            ``(D) The term `drink' is a serving of a malt beverage, 
        wine, or distilled spirit which contains .6 ounces of alcohol 
        by volume.
            ``(E) The term `ingredient' shall not mean incidental or 
        trace ingredients.
    ``(3) The Secretary shall by regulation require that the 
information required on a container of a malt beverage, wine, or 
distilled spirit label by subparagraph (1)--
            ``(A) be located in a conspicuous place on such label,
            ``(B) appear in conspicuous and legible type which is in 
        contrast by typography, layout, and color with other printed 
        matter and which is of a size no less than one-sixteenth of an 
        inch in height,
            ``(C) be displayed horizontally,
            ``(D) be easily legible when the container is held in the 
        usual way,
            ``(E) be offset by borders, and
            ``(F) in the case of the requirement of subparagraph 
        (1)(B), be stated as a number followed by the word `drinks', be 
        contained within a beer mug symbol, and be placed on the front 
        of the container.''.

SEC. 3. AUTHORIZATION.

    There is authorized to be appropriated to the Secretary $500,000 
for fiscal year 1996 and each succeeding fiscal year to establish and 
operate the toll-free number referred to in section 403(s)(1)(E) of the 
Federal Food, Drug, and Cosmetic Act (as added by section 1).

SEC. 4. REPORT.

    The Commissioner of the Food and Drug Administration shall submit a 
report, within 90 days of the date of the enactment of this Act, on the 
effectiveness of the format of the Surgeon General's warning required 
by section 204 of the Alcoholic Beverage Labeling Act of 1988 in 
combination with the new ingredient information required on beverage 
labels by the amendment made by section 2. The Commissioner shall 
evaluate the format of such information in terms of its legibility, 
placement, and noticeability and in terms of other relevant 
characteristics. The report shall make recommendations for improving 
such format.
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