I 112th CONGRESS 2d Session H. R. 3984 IN THE HOUSE OF REPRESENTATIVES February 8, 2012 Mr. Pallone (for himself and Ms. DeLauro) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To limit the quantity of arsenic and lead in beverages containing fruit juice pursuant to tolerances under section 406 of the Federal Food, Drug, and Cosmetic Act.

1.

Short title

This Act may be cited as the Arsenic Prevention and Protection from Lead Exposure in Juice Act of 2012 or the APPLE Juice Act of 2012.

2.

Limitation on arsenic in beverages containing fruit juice

(a)

Establishment of tolerance

Not later than the day that is 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services acting through the Commissioner of Food and Drugs (in this Act referred to as the Secretary) shall promulgate a final regulation establishing a tolerance under section 406 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346) to limit the quantity of total arsenic in beverages containing fruit juice. (b)

Minimum stringency

The limitation on total arsenic in beverages containing fruit juice established pursuant to subsection (a) (and any subsequent revision thereto) shall be no less stringent than the allowable level for total arsenic in bottled water under section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 349). (c)

Applicable standard if no tolerance in effect

Beginning on the day that is 2 years after the date of the enactment of this Act, if there is no tolerance in effect pursuant to subsection (a), a beverage containing fruit juice is deemed to be adulterated for purposes of section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) if the quantity of total arsenic in the beverage exceeds the limits of the allowable level for total arsenic in bottled water under section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 349).

3.

Limitation on lead in beverages containing fruit juice

(a)

Establishment of tolerance

Not later than the day that is 2 years after the date of the enactment of this Act, the Secretary shall promulgate a final regulation establishing a tolerance under section 406 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346) to limit the quantity of lead in beverages containing fruit juice. (b)

Minimum stringency

The limitation on lead in beverages containing fruit juice established pursuant to subsection (a) (and any subsequent revision thereto) shall be no less stringent than the allowable level for lead in bottled water under section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 349). (c)

Applicable standard if no tolerance in effect

Beginning on the day that is 2 years after the date of the enactment of this Act, if there is no tolerance in effect pursuant to subsection (a), a beverage containing fruit juice is deemed to be adulterated for purposes of section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) if the quantity of lead in the beverage exceeds the limits of the allowable level for lead in bottled water under section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 349).