[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2235 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2235

 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

                              May 10, 2005

 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. 301 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:
    ``(y)(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:
    ``(z)(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:
    ``(aa)(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:
    ``(bb)(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:
    ``(cc)(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:
    ``(dd)(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:
    ``(ee)(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:
    ``(ff)(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:
    ``(gg)(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 (y) through (gg) 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 (bb) and (ff) 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(dd) and 403(ee) 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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