[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1495 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1495
To amend the Federal Food, Drug, and Cosmetic Act to safeguard public
health and provide to consumers food that is safe, unadulterated, and
honestly presented.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2003
Mr. Pallone introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to safeguard public
health and provide to consumers food that is safe, unadulterated, and
honestly presented.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE, REFERENCE, AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Uniform
Food Safety Labeling Act''.
(b) Reference.--Except as otherwise specified, whenever in this Act
an amendment is expressed in terms of an amendment to a section or
other provision, the reference shall be considered to be made to that
section or other provision of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321 et seq.).
(c) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title, reference, and table of contents.
Sec. 2. Labeling of raw or partially cooked foods and unpasteurized
juice.
Sec. 3. Sale and labeling of frozen fish and shellfish.
Sec. 4. Sale of raw eggs.
Sec. 5. Statement of origin.
Sec. 6. Freshness date.
Sec. 7. Food labeled as natural.
Sec. 8. Labeling of kosher and kosher-style foods.
Sec. 9. Unit pricing.
Sec. 10. Grades for farm products.
Sec. 11. Regulations.
SEC. 2. LABELING OF RAW OR PARTIALLY COOKED FOODS AND UNPASTEURIZED
JUICE.
Section 403 (21 U.S.C. 343) is amended by adding at the end the
following:
``(w)(1) Unless the label or labeling of raw or partially cooked
eggs, fish, milk, dairy products, shellfish, or unpasteurized juice
offered in a ready-to-eat form as a deli, vended, or other item, or the
label or labeling of a ready-to-eat food containing as an ingredient
raw or partially cooked eggs, fish, milk, dairy products, shellfish, or
unpasteurized juice, discloses the increased risk associated with
eating such food in raw or partially cooked form.
``(2) Eggs, fish, milk, dairy products, and shellfish routinely
served raw or partially cooked, unpasteurized juice, and ready-to-eat
foods containing such raw or partially cooked foods or unpasteurized
juice as ingredients shall bear the following: This food contains raw
or partially cooked eggs, fish, shellfish, or unpasteurized juice.
Children, the elderly, pregnant women, or persons with weakened immune
systems may experience severe foodborne illness from eating this item.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
labeling requirements of this paragraph.''.
SEC. 3. SALE AND LABELING OF FROZEN FISH AND SHELLFISH.
Section 403 (21 U.S.C. 343), as amended by section 2, is amended by
adding at the end the following:
``(x)(1) Except as provided in subparagraph (2), if it is fish or
shellfish that has been frozen unless its label or labeling bears a
prominent and conspicuous statement indicating that such product has
been frozen.
``(2) This paragraph shall not apply to fish or shellfish that has
been frozen prior to being smoked, cured, cooked, or subjected to the
heat of commercial sterilization.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
labeling requirements of this paragraph.''.
SEC. 4. SALE OF RAW EGGS.
Section 403 (21 U.S.C. 343), as amended by section 3, is amended by
adding at the end the following:
``(y)(1) If it is raw eggs, unless its label or labeling states
`Children, the elderly, pregnant women, or persons with weakened immune
systems may experience severe illness from eating raw or partially
cooked eggs.'
``(2) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
labeling requirements of this paragraph.''.
SEC. 5. STATEMENT OF ORIGIN.
Section 403 (21 U.S.C. 343), as amended by section 4, is amended by
adding at the end the following:
``(z)(1) If it is a perishable agricultural commodity as defined in
section 1(b)(4) of the Perishable Agricultural Commodities Act of 1930
(7 U.S.C. 499a(b)(1)), unless it bears a label or labeling containing
the country of origin of the perishable agricultural commodity.
``(2) If it is a product derived from a perishable agricultural
commodity, including juice, frozen juice concentrate, fruit butter,
preserves and jams, or canned or frozen fruits or vegetables, unless it
bears a label or labeling containing the country of origin of the
perishable agricultural commodity and the product derived from it.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
labeling requirements of this paragraph.''.
SEC. 6. FRESHNESS DATE.
Section 403 (21 U.S.C. 343), as amended by section 5, is amended by
adding at the end the following:
``(aa)(1) Unless its label or labeling bears the date upon which
the food should no longer be sold because of diminution of quality,
nutrient availability, or safety. The freshness date shall be stated in
terms of the day and month of the year if the food will not be fresh
after 3 months on the shelf, or in terms of the month and year if the
product will be fresh for more than 3 months on the shelf. The phrase
`use by' shall precede the date.
``(2) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
means of disclosing the freshness date.''.
SEC. 7. FOOD LABELED AS NATURAL.
Section 403 (21 U.S.C. 343), as amended by section 6, is amended by
adding at the end the following:
``(bb)(1) If its label or labeling bears the word `natural',
unless--
``(A) it contains no artificial flavoring, color additive,
chemical preservative, or any other artificial or synthetic
ingredient added after harvesting; and
``(B) it has undergone no processing other than minimal
processing, such as the removal of inedible substances or the
application of physical processes such as cutting, grinding,
drying, homogenizing, or pulping.
``(2) This paragraph shall not apply to the use of the terms
`natural flavors' and `natural colors' as approved by the Food and Drug
Administration.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
labeling requirements of this paragraph.''.
SEC. 8. LABELING OF KOSHER AND KOSHER-STYLE FOODS.
Section 403 (21 U.S.C. 343), as amended by section 7, is amended by
adding at the end the following:
``(cc)(1) If it is falsely represented in the food's label or
labeling to be kosher, kosher for Passover, pareve, or as having been
prepared in accordance with orthodox Jewish religious standards either
by direct statements, orally or in writing, or by display of the word
`Kosher', `Kosher for Passover', or `Pareve'; or
``(2) if the food's label or labeling uses the term `Kosher' in
conjunction with the words `style' or `type' or any similar expression
which might reasonably be calculated to deceive a reasonable person to
believe that a representation is being made that the food sold is
kosher, kosher for Passover, pareve, or prepared in accordance with
orthodox Jewish religious standards.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation
provisions that implement this paragraph.''.
SEC. 9. UNIT PRICING.
(a) In General.--Section 403 (21 U.S.C. 343), as amended by section
8, is amended by adding at the end the following:
``(dd)(1) Unless its label or labeling bears the unit price and the
total price of the food as provided in this paragraph.
``(2) As used in this paragraph:
``(A) The term `unit price' of food shall mean the price
per measure.
``(B) The term `price per measure' shall mean--
``(i) price per pound for food whose net quantity
is expressed in units of weight, except for such food
whose net weight is less than 1 ounce which shall be
expressed as price per ounce if the same unit of
measure is used for the same food in all sizes;
``(ii) price per pint or quart for food whose net
quantity is stated in fluid ounces, pints, quarts,
gallons, or a combination thereof, if the same unit of
measure is used for the same food in all sizes sold in
the retail establishment; and
``(iii) price per 100 for food whose net quantity
is expressed by count, except as otherwise provided by
regulation.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation a
national program of pricing as prescribed by this paragraph.''.
SEC. 10. GRADES FOR FARM PRODUCTS.
Section 403 (21 U.S.C. 343), as amended by section 9, is amended by
adding at the end the following:
``(ee)(1) Unless it bears a grade, where grading is customary
within the industry.
``(2) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation a
national program of grading for food which is customarily graded.''.
SEC. 11. REGULATIONS.
(a)(1) Within 12 months after the date of the enactment of this
Act, the Secretary of Health and Human Services shall issue proposed
regulations to implement paragraphs (w) and (ee) of section 403 of the
Federal Food, Drug, and Cosmetic Act. The proposed regulations shall
establish format requirements for the label statements mandated by such
sections. The required label statements shall appear in easily legible
boldface print or type, with upper and lower case letters, and in
distinct contrast to other printed or graphic matter. The label
statements shall appear in a type size not less than the largest type
found on the label, except that used for the brand name, product name,
logo, or universal product code, and in any case not less than the type
size required for the declaration of net quantity of contents statement
as prescribed by regulation printed in 21 C.F.R. 101.105(1). All
required label statements shall be placed on the information panel,
except for the statements required by paragraphs (z) and (dd) of such
section 403, which shall be placed on the principal display panel.
(2) Not later than 24 months after the date of enactment of this
Act, the Secretary shall issue final regulations to implement sections
403(cc)-(bb) of the Federal Food, Drug, and Cosmetic Act.
(b) If the Secretary does not promulgate final regulations under
subsection (a)(2) upon the expiration of 24 months after the date of
the enactment of this Act, the proposed regulation issued in accordance
with subsection (a)(1) shall be considered as the final regulations
upon the expiration of such 24 months. There shall be promptly
published in the Federal Register notice of the new status of the
proposed regulations.
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