[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5532 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5532

To amend the Federal Food, Drug, and Cosmetic Act to require that foods 
containing known allergens bear labeling that states that fact and the 
                        names of the allergens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 24, 2000

  Mrs. Lowey 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 that foods 
containing known allergens bear labeling that states that fact and the 
                        names of the allergens.

    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 ``Food Allergen Consumer Protection 
Act''.

SEC. 2. FOOD LABELING; REQUIREMENT OF STATEMENT REGARDING KNOWN 
              ALLERGENS.

    (a) In General.--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) If it contains a known allergen unless its labeling bears a 
statement with appropriate prominence providing that fact and the name 
of the allergen. Notwithstanding paragraph (g) or (i), the 
applicability of such labeling requirement includes applicability to a 
known allergen contained in spices, flavorings, or colors. For purposes 
of this paragraph, the term `known allergen' means milk; eggs; fish; 
crustacea; mollusks; tree nuts; wheat; and peanuts, soybeans, and other 
legumes. Such term includes in addition such foods as the Secretary may 
by regulation determine cause a serious allergenic response.''.
    (b) Applicability to Certain Food Additives.--With respect to the 
authority under section 403(i) of the Federal Food, Drug, and Cosmetic 
Act to establish exemptions regarding food labeling, the Secretary of 
Health and Human Services may not consider any known allergen (as 
defined pursuant to the amendment made by subsection (a)) to be an 
additive that qualifies for the exemption described in section 
101.100(a)(3) of title 21, Code of Federal Regulations (relating to 
incidental additives that are present in food at insignificant levels 
and do not have any technical or functional effect).

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect upon the 
expiration of the 180-day period beginning on the date of the enactment 
of this Act.
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