[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3560 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3560

   To require the Food and Drug Administration to carry out certain 
activities with respect to food choking hazards to children, including 
             a program to provide education to the public.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

 Mr. Honda (for himself and Mr. Towns) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To require the Food and Drug Administration to carry out certain 
activities with respect to food choking hazards to children, including 
             a program to provide education to the public.

    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 Choking Prevention Act''.

SEC. 2. FOOD CHOKING HAZARDS IN CHILDREN.

    (a) Education.--
            (1) In general.--The Secretary of Health and Human 
        Services, acting through the Commissioner of Food and Drugs 
        (referred to in this section as the ``Commissioner''), shall 
        carry out a program to provide education to the public on food 
        choking hazards to children, including education on preventing 
        such hazards and performing life-saving procedures in the event 
        of food choking.
            (2) Certain requirements.--The following applies with 
        respect to the the program under paragraph (1):
                    (A) The Commissioner shall give priority to 
                providing education to parents of children who are 14 
                years of age or younger, and to such children directly.
                    (B) The means through which such education is 
                provided shall include the preparation of education 
                materials to be distributed by pediatricians, 
                hospitals, day care centers, and schools.
                    (C) Each year the Commissioner shall designate a 
                particular week during which the activities of the 
                program will be intensified to provide for the broad 
                dissemination to the public of the information with 
                which the program is concerned (referred to in this 
                subsection as ``prevention week''). The Commissioner 
                shall provide a name for the prevention week, and shall 
                make references to such name in promoting the week.
    (b) Classes During Prevention Week.--The Commissioner may make 
awards of grants or contracts for the purpose of holding, during the 
prevention week under subsection (a)(2)(C), classes for the public on 
preventing food choking hazards and performing life-saving procedures 
in the event of food choking, including instruction on performing the 
technique known as cardiopulmonary resuscitation.
    (c) Study by National Academy of Sciences.--
            (1) In general.--The Commissioner shall request the 
        National Academy of Sciences to enter into an agreement to 
        conduct, with respect to food choking hazards to children, a 
        comprehensive study--
                    (A) to assess the accuracy and adequacy of current 
                data and data collection efforts;
                    (B) to document the number and nature of incidents 
                of food choking-related deaths and injuries by age 
                group annually;
                    (C) to consider the nature and causes of childhood 
                food choking incidents;
                    (D) to establish criteria for determining whether a 
                food poses a significant choking hazard to children; 
                and
                    (E) to assess the opportunities and key impediments 
                to congressional, regulatory, and private sector 
                initiatives to reduce the number of child deaths and 
                injuries due to food choking.
            (2) Committee of leading experts.--The Commissioner shall 
        ensure that the agreement under paragraph (1) provides that, in 
        conducting the study under such paragraph, the National Academy 
        of Sciences will convene a committee of leading experts and key 
        stakeholders in the medical, consumer protection, and business 
        communities.
            (3) Report.--The Commissioner shall ensure that the 
        agreement under paragraph (1) provides that, not later than one 
        year after the date on which the agreement is entered into, the 
        study under such paragraph will be completed and a report 
        providing the findings of the study will be submitted to the 
        Commissioner and to the appropriate committees of the Congress.
            (4) Authorization of appropriations.--For the purpose of 
        carrying out this subsection, there is authorized to be 
        appropriated $800,000.
    (d) Report on System for Data Collection on Deaths.--Not later than 
six months after the date of the enactment of this Act, the 
Commissioner shall report to the Congress on the reliability and 
utility of current systems for the collection of data on food choking-
related deaths.
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