II 112th CONGRESS 1st Session S. 1752 IN THE SENATE OF THE UNITED STATES October 20, 2011 Mr. Roberts introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To nullify certain regulations regarding the removal of essential-use designation for epinephrine used in oral pressurized metered-dose inhalers.

1.

Short title

This Act may be cited as the Freedom to Breathe Act of 2011.

2.

Nullification of final rule; prohibition

(a)

Nullification of final rule

As of the date of enactment of this Act, the final rule entitled Use of Ozone-Depleting Substances; Removal of Essential-Use Designation (Epinephrine) (73 Fed. Reg. 69532 (November 19, 2008)) shall have no force or effect. (b)

Prohibition on future regulations

In no case may the Secretary of Health and Human Services reissue the final rule described in subsection (a) in substantially the same form, or issue a new rule that prohibits the production and distribution of oral pressurized metered-dose inhalers because such inhalers may emit chlorofluorocarbons or other green house gas emissions, unless the reissued or new rule is specifically authorized by a law enacted after the date of enactment of this Act.