[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 254 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 254

   To amend the Food, Drug, and Cosmetic Act and the egg, meat, and 
 poultry inspection laws to ensure that consumers receive notification 
  regarding food products produced from crops, livestock, or poultry 
           raised on land on which sewage sludge was applied.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2011

 Mr. Serrano introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend the Food, Drug, and Cosmetic Act and the egg, meat, and 
 poultry inspection laws to ensure that consumers receive notification 
  regarding food products produced from crops, livestock, or poultry 
           raised on land on which sewage sludge was applied.

    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 ``Sewage Sludge in Food Production 
Consumer Notification Act''.

SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND ON 
              WHICH SEWAGE SLUDGE HAS BEEN APPLIED.

    (a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.--
Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) 
is amended by adding at the end the following:
    ``(j)(1) Effective one year after the date of the enactment of the 
Sewage Sludge in Food Production Consumer Notification Act, if it is a 
food (intended for human consumption and offered for sale) that was 
produced, or contains any ingredient that was produced, on land on 
which sewage sludge was applied, unless--
                    ``(A) the application of sewage sludge to the land 
                terminated more than one year before the date on which 
                the production of the food or ingredient on the land 
                commenced;
                    ``(B) the food bears a label that clearly indicates 
                that the food, or an ingredient of the food, was 
                produced on land on which sewage sludge was applied; or
                    ``(C) in the case of a raw agricultural commodity 
                or other food generally offered for sale without 
                labeling, a sign is posted within close proximity of 
                the food to notify consumers that the food, or an 
                ingredient of the food, was produced on land on which 
                sewage sludge was applied.
    ``(2) In this paragraph, the term `sewage sludge' has the meaning 
given to such term in section 503.9(w) of title 40, Code of Federal 
Regulations (or any successor regulations).''.
    (b) Adulterated Food Under Egg Products Inspection Act.--Section 4 
of the Egg Products Inspection Act (21 U.S.C. 1033) is amended--
            (1) in paragraph (a)--
                    (A) by striking ``or'' at the end of paragraph (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(9) effective one year after the date of the enactment of 
        the Sewage Sludge in Food Production Consumer Notification Act, 
        if it is derived from poultry that were raised, or that 
        consumed animal feed produced, on land on which sewage sludge 
        was applied, unless--
                    ``(A) the application of sewage sludge to the land 
                terminated more than one year before the date on which 
                the poultry began to be raised on the land or the date 
                on which the production of the animal feed on the land 
                commenced; or
                    ``(B) the container bears a label that clearly 
                indicates that the egg or egg product was derived from 
                poultry that--
                            ``(i) were raised on land on which sewage 
                        sludge was applied; or
                            ``(ii) consumed animal feed produced on 
                        land on which sewage sludge was applied.''; and
            (2) by adding at the end the following new subsection:
    ``(aa) The term `sewage sludge' has the meaning given to such term 
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 342(j)(2)).''.
    (c) Adulterated Food Under Federal Meat Inspection Act.--Section 1 
of the Federal Meat Inspection Act (21 U.S.C. 601) is amended--
            (1) in paragraph (m)--
                    (A) by striking ``or'' at the end of paragraph (8);
                    (B) by striking the period at the end of paragraph 
                (9) and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(10) effective one year after the date of the enactment 
        of the Sewage Sludge in Food Production Consumer Notification 
        Act, if it is derived from livestock that grazed, or consumed 
        animal feed produced, on land on which sewage sludge was 
        applied, unless--
                    ``(A) the application of sewage sludge to the land 
                terminated more than one year before the date on which 
                the livestock began grazing on the land or the date on 
                which the production of the animal feed on the land 
                commenced;
                    ``(B) the carcass, part thereof, meat or meat food 
                product bears a label that clearly indicates that the 
                livestock--
                            ``(i) grazed on land on which sewage sludge 
                        was applied; or
                            ``(ii) consumed animal feed produced on 
                        land on which sewage sludge was applied; or
                    ``(C) in the case of a carcass, part thereof, meat 
                or meat food product generally offered for sale without 
                labeling, a sign is posted within close proximity of 
                the item to notify consumers that the livestock--
                            ``(i) grazed on land on which sewage sludge 
                        was applied; or
                            ``(ii) consumed animal feed produced on 
                        land on which sewage sludge was applied.''; and
            (2) by adding at the end the following new paragraph:
    ``(x) The term `sewage sludge' has the meaning given to such term 
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 342(j)(2)).''.
    (d) Adulterated Food Under Poultry Products Inspection Act.--
Section 4 of the Poultry Products Inspection Act (21 U.S.C. 453) is 
amended--
            (1) in paragraph (g)--
                    (A) by striking ``or'' at the end of paragraph (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(9) effective one year after the date of the enactment of 
        the Sewage Sludge in Food Production Consumer Notification Act, 
        if it is derived from poultry that were raised, or that 
        consumed animal feed produced, on land on which sewage sludge 
        was applied, unless--
                    ``(A) the application of sewage sludge to the land 
                terminated more than one year before the date on which 
                the poultry began to be raised on the land or the date 
                on which the production of the animal feed on the land 
                commenced;
                    ``(B) the poultry product bears a label that 
                clearly indicates that the poultry contained in the 
                product--
                            ``(i) were raised on land on which sewage 
                        sludge was applied; or
                            ``(ii) consumed animal feed produced on 
                        land on which sewage sludge was applied; or
                    ``(C) in the case of a poultry product generally 
                offered for sale without labeling, a sign is posted 
                within close proximity of the item to notify consumers 
                that the poultry contained in the product--
                            ``(i) were raised on land on which sewage 
                        sludge was applied; or
                            ``(ii) consumed animal feed produced on 
                        land on which sewage sludge was applied.''; and
            (2) by adding at the end the following new paragraph:
    ``(cc) The term `sewage sludge' has the meaning given to such term 
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 342(j)(2)).''.
    (e) Relation to National Organic Program.--
            (1) In general.--Nothing in this section or the amendments 
        made by this section shall be construed to modify the 
        prohibition contained in part 205 of title 7, Code of Federal 
        Regulations, on the use of sewage sludge, including ash, grit, 
        or screenings from the production of sewage sludge, in organic 
        food production under the National Organic Program of the 
        Department of Agriculture.
            (2) Definition.--In this subsection, the term ``sewage 
        sludge'' has the meaning given to such term in section 503.9(w) 
        of title 40, Code of Federal Regulations (or any successor 
        regulations), except that such term includes ash generated 
        during the firing of sewage sludge in a sewage sludge 
        incinerator or grit and screenings generated during preliminary 
        treatment of domestic sewage in a treatment works.
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