I 112th CONGRESS 2d Session H. R. 6509 IN THE HOUSE OF REPRESENTATIVES September 21, 2012 Ms. DeLauro (for herself, Mr. Pallone, and Mrs. Lowey) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish limitations on the quantity of total arsenic in rice and rice products under chapter IV of the Federal Food, Drug, and Cosmetic Act.

1.

Short title

This Act may be cited as the Reducing food-based Inorganic and Organic Compounds Exposure Act of 2012 or the RICE Act.

2.

Establishment of limitation on total arsenic in rice and rice products

(a)

Regulation required

For the purpose of protecting the public health, 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 and acting under the Secretary’s authority under chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), shall promulgate a final regulation establishing the minimum quantity of total arsenic contained in rice or a rice product which shall cause the rice or rice product, respectively, to be deemed to be adulterated under section 402 of such Act (21 U.S.C. 343). (b)

Scope of regulation

The minimum quantity established under subsection (a) shall apply to rice and rice products containing total arsenic regardless of whether the arsenic is present as a result of a natural process, an ingredient added to a food, the use of a pesticide, or other means. (c)

Regulation includes tolerances

The regulation under subsection (a) shall include the establishment of a tolerance under section 406 and section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346; 346a). (d)

Minimum stringency

The standard established under subsection (a) (and any subsequent revision thereto) for total arsenic contained in rice or a rice product shall be based on the maximum achievable reduction in cancer risk and shall be at least as protective as 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). (e)

Definitions

For purposes of this Act: (1)

Food

The term food has the meaning given such term in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)). (2)

Rice

The term rice means a food that is rice. (3)

Rice product

The term rice product means a food that contains an ingredient made from rice. (4)

Total arsenic

The term quantity of total arsenic means the total amount of both inorganic and organic arsenic.