[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5173 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5173

  To prohibit the sale of any alcohol without liquid machine without 
              premarket approval, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2004

 Mr. Beauprez introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To prohibit the sale of any alcohol without liquid machine without 
              premarket approval, 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 Without Liquid Machine 
Safety Act of 2004''.

SEC. 2. ALCOHOL WITHOUT LIQUID MACHINES.

    (a) Prohibition.--It shall be unlawful for any person to introduce 
or deliver for introduction into interstate commerce any alcohol 
without liquid machine, unless an approval of an application submitted 
pursuant to subsection (b) is in effect with respect to such machine.
    (b) Application.--Any person may file with the Commissioner an 
application for premarket approval of an alcohol without liquid 
machine. Such an application shall be submitted in such manner, and 
containing such information, as the Commissioner may require.
    (c) Approval.--Upon receipt of an application submitted pursuant to 
subsection (b), the Commissioner shall--
            (1) issue an order approving the application if the person 
        submitting the application demonstrates to the Commissioner's 
        satisfaction that the alcohol without liquid machine is safe; 
        or
            (2) deny approval of the application if the person 
        submitting the application fails to demonstrate to the 
        Commissioner's satisfaction that the alcohol without liquid 
        machine is safe.
    (d) Withdrawal of Approval.--The Secretary may issue an order 
withdrawing approval of an application submitted pursuant to subsection 
(b) if the Secretary finds that the alcohol without liquid machine is 
unsafe.
    (e) Penalty.--The provisions of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.) shall apply to a violation of 
subsection (a) in the same manner and to the same extent as such 
provisions apply to a violation of section 515 of such Act (21 U.S.C. 
360e; regarding premarket approval of class III devices).
    (f) Definitions.--For purposes of this Act:
            (1) The term ``alcohol without liquid machine'' means a 
        device designed or marketed for the purpose of mixing alcohol 
        with oxygen or another gas to produce a mist for inhalation for 
        recreational purposes.
            (2) The term ``Commissioner'' means the Commissioner of 
        Food and Drugs.
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