[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1939 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1939

 To require the Secretary of Health and Human Services to ensure that 
the public is provided adequate notice and education on the effects of 
exposure to mercury through the development of health advisories and by 
 requiring that such appropriate advisories be posted, or made readily 
 available, at all businesses that sell fresh, frozen, and canned fish 
      and seafood where the potential for mercury exposure exists.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 24, 2003

   Mr. Leahy introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Health and Human Services to ensure that 
the public is provided adequate notice and education on the effects of 
exposure to mercury through the development of health advisories and by 
 requiring that such appropriate advisories be posted, or made readily 
 available, at all businesses that sell fresh, frozen, and canned fish 
      and seafood where the potential for mercury exposure exists.

    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 ``Mercury Health Advisory Act of 
2003''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Mercury is a persistent, bioaccumulative heavy metal 
        that poses a significant risk to human health, wildlife, and 
        the environment.
            (2) Mercury discharges into the atmosphere and surface 
        oceans have increased two-to-five fold since the beginning of 
        the industrialized period due to human activities.
            (3) Substantial evidence is accumulating that exposure to 
        methyl-mercury is widespread in the general public and 
        occurring at higher than health-based levels of concern 
        according to the Food and Drug Administration, the 
        Environmental Protection Agency, and the World Health 
        Organization. Fish and seafood caught or sold in the United 
        States are contaminated with methyl-mercury, a toxic element 
        that may cause neurological damage and other health-related 
        problems as a result of fish or seafood consumption.
            (4) According to the 1997 Environmental Protection Agency 
        Mercury Report to Congress, mercury levels in the following 
        fish, at least occasionally, exceeded the Food and Drug 
        Administration's ``action level'' limit of 1 part per million: 
        tilefish, king mackerel, shark, swordfish, tuna, lobster, red 
        snapper, saltwater and freshwater bass, bluefish, bluegills, 
        catfish, crappie, groupers, hake, halibut, northern pike, 
        walleye, largemouth bass, pompano, snook, sunfish, and other 
        finfish.
            (5) The Food and Drug Administration advises pregnant women 
        and women of childbearing age not to eat shark, king mackerel, 
        tilefish, and swordfish and to limit consumption of all other 
        fish to 12 ounces per week. The Food and Drug Administration 
        advises other persons to limit their consumption of shark and 
        swordfish to no more than 7 ounces per week.
            (6) The Environmental Protection Agency recommends that 
        women who are pregnant or who may become pregnant, nursing 
        mothers, and young children limit fish consumption to 6 meals 
        per week of cooked fish or an 8-ounce meal per week for 
        uncooked fish for adults and 2 meals per week of cooked fish or 
        a 3-ounce meal per week of uncooked fish for young children.
            (7) In 2003, 44 States issued health advisories that warned 
        the public about consuming mercury-tainted fish, as compared to 
        27 States that issued such advisories in 1993.
            (8) Eleven States warn pregnant women and young children to 
        limit consumption of canned tuna, the most consumed fish in the 
        United States, to 1 or 2 cans per week and some States warn 
        that the ``white'' albacore canned tuna has significantly 
        higher mercury levels than the ``light'' tuna, based upon Food 
        and Drug Administration testing.
            (9) Data from the National Health and Nutrition Examination 
        Survey Centers indicates that 7.8 percent of women of 
        childbearing age have blood mercury levels in their bodies 
        above what is considered safe for the developing fetus, 
        translating into over 300,000 babies born each year in the 
        United States at risk of mercury poisoning.
            (10) Between 30 percent and 50 percent of women of 
        childbearing age are not aware of the methyl-mercury exposure 
        risks from ingestion of mercury-contaminated fish, according to 
        the Food and Drug Administration.
            (11) A January 2001 report by the United States General 
        Accounting Office (GAO) criticized the Food and Drug 
        Administration for not providing guidance to the fishing 
        industry to identify and prevent fish contaminated with mercury 
        from reaching consumers, even though the Agency's own 
testing found that, for example, over half of the swordfish exceeded 
its action level of one part per million (ppm).
            (12) Evidence is continuing to emerge linking increased 
        risk of coronary heart disease to mercury exposure, as 
        presented in at least 2 peer reviewed studies.
            (13) Health advisory information on mercury-contaminated 
        fish, which is necessary to protect public health, is not 
        widely known by the State or Federal Government. This lack of 
        awareness potentially threatens tens of millions of Americans 
        who may unknowingly ingest harmful amounts of mercury because 
        they are not aware of exposure risks from consumption of 
        freshwater fish and seafood.
    (b) Purposes.--The purposes of this Act are to--
            (1) ensure that the public is adequately informed about the 
        potential adverse effects of mercury exposure through the 
        consumption of fish products;
            (2) require the Secretary of Health and Human Services to 
        work cooperatively with other Federal and State agencies, as 
        well as nonprofit organizations, to create appropriate 
        advisories for the distribution to the public of explanations 
        of the potential adverse effects of mercury exposure from fish 
        consumption;
            (3) require the Administrator of the Environmental 
        Protection Agency to work cooperatively with State fish and 
        game officials to create an informative guide for distribution 
        to the public about the dangers of the consumption of 
        recreationally-caught fish;
            (4) require the Food and Drug Administration to resume its 
        seafood methyl-mercury monitoring program to better document 
        mercury levels in various fish species sold in commerce;
            (5) require the Secretary of Health and Human Services, in 
        cooperation with private and public organizations, to design 
        and implement a National Public Education Program regarding the 
        presence of methyl-mercury in seafood and fish consumption 
        advisories for methyl-mercury; and
            (6) require the Administrator of the Environmental 
        Protection Agency to annually prepare a report on the impacts 
        of mercury on human health and the environment.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Food and Drugs.
            (3) Health professional.--The term ``health professional'' 
        means any licensed professional in the dental and medical 
        profession.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 4. ADVISORY NOTICES.

    (a) Consumer Mercury Advisory Notice.--
            (1) In general.--The Administrator and the Commissioner 
        shall jointly develop fish consumption advisories for methyl-
        mercury in fish. Such advisories shall be based on the 
        Environmental Protection Agency's Reference Dose for--
                    (A) the general population;
                    (B) sensitive populations; and
                    (C) populations consuming above average amounts of 
                fish.
            (2) Consumer's notice.--The Secretary, in consultation with 
        the Administrator and the heads of State environmental agencies 
        and health departments, shall prepare a consumer's mercury 
        advisory notice. Such notice shall be distributed widely by the 
        Secretary, at no cost, to health professionals, particularly 
        medical offices that provide gynecological, obstetrical, or 
        pediatric care, and to the extent practicable shall be made 
        available and posted in the patient or client areas of all 
        maternal and child health and nutrition program offices, and 
        shall be made available to health care providers, Federal, 
        State, and local government agencies, and the general public 
        upon request.
            (3) Criteria.--The advisories developed under this 
        subsection shall--
                    (A) explain, in an easily understandable manner, 
                the dangers of mercury exposure through the consumption 
                of mercury contaminated fish to women of childbearing 
                age, women who expect to become pregnant, women who are 
                pregnant or breast feeding their children, and young 
                children and their parents;
                    (B) describe, in an easily understandable manner, 
                in detail the most current mercury health advisories 
                prepared by the Federal Government concerning fish 
                consumption, contain the toll free number established 
                under paragraph (4), and contain such other information 
                as the Secretary determines appropriate; and
                    (C) be printed in large type in English, Spanish, 
                and other languages determined by the Secretary to be 
                culturally and linguistically appropriate.
            (4) Toll-free telephone number.--The Secretary shall 
        establish a toll-free telephone number to enable individuals to 
        obtain additional information about the health advisories 
        developed under this subsection concerning exposure to mercury 
        from consumption of fish and seafood, as well as exposure from 
        other sources.
            (5) Updating of information.--The information provided 
        under this subsection shall be updated periodically as 
        determined necessary by the Secretary.
    (b) Mercury Warning Consumer's Guide.--
            (1) In general.--The Administrator, in consultation with 
        the Secretary, shall prepare a consumer's guide to mercury and 
        health advisory for the consumption of recreationally-caught 
        fish. Such guide shall be distributed, at no cost, to--
                    (A) State departments of fisheries, wildlife, and 
                environmental law enforcement;
                    (B) all applicants for a fishing license at the 
                time the license is issued; and
                    (C) to public upon request.
            (2) Criteria.--The guide developed under paragraph (1) 
        shall--
                    (A) be printed in large type in English, Spanish, 
                and other languages determined by the Secretary to be 
                culturally and linguistically appropriate;
                    (B) contain the toll free telephone number 
                established by the Environmental Protection Agency that 
                residents may call for further information about the 
                health advisories contained in the guide.
            (3) Updating of information.--The guide developed under 
        paragraph (1) shall be updated periodically as determined 
        necessary by the Secretary.
    (c) Consumption Advisory.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Agriculture and the Administrator, shall work with 
        the States and other appropriate entities to--
                    (A) develop and distribute regional and national 
                advisories concerning the presence of methyl-mercury in 
                seafood;
                    (B) develop standardized formats for written and 
                broadcast advisories regarding methyl-mercury in 
                seafood;
                    (C) develop and periodically upgrade information 
                related to mercury fish tissue test results and fish 
                consumption advisories for methyl-mercury;
                    (D) coordinate State and local advisories in the 
                formation of the National Public Education Program 
                under subsection (d)(1); and
                    (E) coordinate with that sector of the retail food 
                industry that is engaged in the sale of any fresh, 
                packaged, or frozen fish or seafood products intended 
                for human consumption, concerning the posting of such 
                advisories in their place of business where fish are 
                sold to inform women of childbearing age, pregnant, and 
                nursing women and the parents of young children on the 
                potential dangers of mercury that is present in certain 
                fish or seafood.
            (2) Criteria.--The advisories and notices developed under 
        paragraph (1) shall include information both on limiting the 
        consumption of certain high level fish and seafood to the 
        general population and, for sensitive populations such as women 
        of childbearing age and children, stress the importance of 
        limiting consumption of frequently consumed fish that may 
        exceed the Environmental Protection Agency's Reference Dose.
            (3) Consumption advisory.--
                    (A) In general.--Based on information compiled by 
                the Environmental Protection Agency, the National 
                Marine Fisheries Services, and the Food and Drug 
                Administration, shall work with State health, fish and 
                wildlife, and environmental agencies to develop and 
                periodically update a consumption advisory for any 
                fresh, packaged, or frozen fish or seafood products 
                intended for human consumption for posting by retail 
                food establishments and restaurants pursuant to this 
                Act. The advisory shall provide information about the 
                potential dangers from the ingestion of mercury from 
                the consumption of fish and seafood by women of 
                childbearing age, pregnant women, and young children 
                and other at-risk groups as determined by the 
                Department, including populations consuming above-
                average quantities of fish and seafood.
                    (B) Distribution.--The Secretary shall make copies 
                of the advisory developed under subparagraph (A) 
                available to State boards of health or other State and 
                local governmental entities that have the same 
                authority as a State board of health for distribution 
                to the public and to local retail food establishments 
                and restaurants.
            (4) Requirements.--The advisories and notices developed 
        under this subsection shall be printed in large type in 
        English, Spanish, and other languages determined by the 
        Secretary to be culturally and linguistically appropriate.
    (d) Public Education and Advisory System.--
            (1) Public education.--The Secretary, in consultation with 
        public and nonprofit private entities (including cooperative 
        extension services and appropriate State entities), shall 
        design and implement a national public education program 
        regarding the presence of methyl-mercury in seafood.
            (2) Features.--The program developed under paragraph (1) 
        shall provide--
                    (A) information to the public regarding--
                            (i) Federal standards and good practice 
                        requirements relating to methyl-mercury in 
                        seafood; and
                            (ii) the promotion of public awareness, 
                        understanding, and acceptance of such standards 
                        and requirements;
                    (B) information to health professionals so that 
                health professionals may improve the diagnosis and 
                treatment of mercury-related illness and advise 
                individuals whose health conditions place those 
                individuals at particular risk; and
                    (C) such other information or advice to consumers 
                and other individuals as the Secretary determines will 
                promote the purposes of this section.
    (e) Sampling and Monitoring.--
            (1) In general.--The Commissioner shall resume the seafood 
        methyl-mercury monitoring sampling program of the Food and Drug 
        Administration to assist in documenting mercury levels in 
        various fish species.
            (2) Monitoring.--The sampling program described in 
        paragraph (1) shall be conducted so as to provide statistically 
        valid monitoring data with respect to mercury levels in fish 
        and seafood (including market-basket studies) including 
        documenting the extent to which fish with mercury levels in 
        excess of the action level are sold in commerce. Such 
        information, along with information gathered by the 
        Environmental Protection Agency, shall be compiled into an 
        annual report by the Commissioner to track changes in dietary 
        exposure to mercury from fish and seafood.
            (3) Avoidance of duplication of effort.--To the extent 
        practicable, the sampling program described in paragraph (1) 
        shall be consistent with, and shall be coordinated with, other 
        seafood sampling programs that are in use, so as to avoid 
        duplication of effort.

SEC. 5. HAACP ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall finalize the Hazard Analysis and Critical Control Point 
assessment to determine whether or not methyl-mercury exposure through 
fish consumption is a public health hazard.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Public Education and Advisory System.--There is authorized to 
be appropriated to develop and implement the public education and 
advisory system under section 3(d), $500,000 for each fiscal year.
    (b) Sampling.--There is authorized to be appropriated to carry out 
sampling under section 3(e), $1,000,000 for each fiscal year.
    (c) State Support.--
            (1) In general.--There is authorized to be appropriated to 
        support the efforts of States to sample noncommercial fish and 
        inland waterways for mercury and to produce State-specific 
        health advisories related to mercury, $2,000,000 for each 
        fiscal year.
            (2) Equitable distribution.--The Administrator shall 
        distribute amounts made available under paragraph (1) equitably 
        among the States through programs in existence on the date of 
        enactment of this Act.
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