[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3019 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3019

 To amend the Fair Packaging and Labeling Act to require that Federal 
 and State mandated information declarations and labeling requirements 
 applicable to the chemical composition of, and radiation emitted by, 
consumer products meet minimum scientific standards to deliver accurate 
             and clear information, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2018

   Mr. Moran introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Packaging and Labeling Act to require that Federal 
 and State mandated information declarations and labeling requirements 
 applicable to the chemical composition of, and radiation emitted by, 
consumer products meet minimum scientific standards to deliver accurate 
             and clear information, and for other purposes.

    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 ``Accurate Labels Act''.

SEC. 2. STANDARD FOR PRODUCT LABELING INFORMATION REGARDING CHEMICAL 
              COMPOSITION AND RADIATION.

    (a) In General.--The Fair Packaging and Labeling Act (15 U.S.C. 
1451 et seq.) is amended by adding at the end the following:

``SEC. 14. STANDARD FOR PRODUCT LABELING INFORMATION REGARDING CHEMICAL 
              COMPOSITION AND RADIATION.

    ``(a) Definitions.--In this section:
            ``(1) Best available science.--The term `best available 
        science' means science--
                    ``(A) that is conducted in accordance with sound 
                and objective scientific practices;
                    ``(B) the findings and underlying data of which 
                are--
                            ``(i) reliable; and
                            ``(ii) if available, peer-reviewed; and
                    ``(C) that uses data that is collected by--
                            ``(i) an accepted method; or
                            ``(ii) the best available method if the 
                        reliability of the method and the nature of the 
                        decision to which the method applies justifies 
                        the use of the data.
            ``(2) Constituent.--The term `constituent' means any 
        organic or inorganic chemical substance of a particular 
        molecular identity.
            ``(3) Consumer product.--The term `consumer product' has 
        the meaning given the term in section 3(a) of the Consumer 
        Product Safety Act (15 U.S.C. 2052(a)).
            ``(4) Covered declaration requirement.--The term `covered 
        declaration requirement' means a legally enforceable 
        requirement that--
                    ``(A) requires a responsible person to display or 
                communicate covered information to a consumer; and
                    ``(B) may be provided through--
                            ``(i) a statement;
                            ``(ii) a notice;
                            ``(iii) a caution;
                            ``(iv) a warning;
                            ``(v) a symbol;
                            ``(vi) a pictogram;
                            ``(vii) a vignette;
                            ``(viii) packaging information;
                            ``(ix) an insert;
                            ``(x) a sign;
                            ``(xi) a pamphlet;
                            ``(xii) an instruction;
                            ``(xiii) a list of ingredients;
                            ``(xiv) ingredient declaration information;
                            ``(xv) a database;
                            ``(xvi) an internet website; or
                            ``(xvii) other media, including social 
                        media.
            ``(5) Covered information.--
                    ``(A) In general.--The term `covered information' 
                means information that--
                            ``(i) relates to--
                                    ``(I) a product constituent; or
                                    ``(II) radiation emitted by a 
                                covered product; and
                            ``(ii) expressly or by implication conveys 
                        a claim regarding or characterizing the 
                        relationship between any constituent or 
                        radiation and--
                                    ``(I) a disease;
                                    ``(II) a toxicological endpoint; or
                                    ``(III) a health-related condition.
                    ``(B) Implied claims.--For the purposes of 
                subparagraph (A)(ii), an implied claim includes a 
                situation in which an item described in clause (i), 
                (v), (vi), (vii), or (xvii) of paragraph (4)(B) 
                suggests, within the context in which the item is 
                presented, that a relationship exists between the 
                presence or level of a constituent in a covered 
                product, or the level of exposure to a constituent, 
                and--
                            ``(i) a disease;
                            ``(ii) a health-related condition; or
                            ``(iii) the likelihood of a health-related 
                        condition.
            ``(6) Covered product.--The term `covered product'--
                    ``(A) means--
                            ``(i) a consumer product; or
                            ``(ii) a consumer commodity; and
                    ``(B) includes any packaging with respect to a 
                consumer product or consumer commodity described in 
                clause (i) and (ii) of subparagraph (A), respectively.
            ``(7) De minimis risk level.--The term `de minimis risk 
        level' means--
                    ``(A) a level of risk that is based on the best 
                available science and the weight of the evidence;
                    ``(B) with respect to a constituent or radiation 
                that is a carcinogen, that the level of risk described 
                in subparagraph (A)--
                            ``(i) is determined based on a safety 
                        evaluation that includes non-linear modeling 
                        approaches that are consistent with available 
                        data and scientific understanding of endogenous 
                        exposures and a mode of action in lieu of, or, 
                        at a minimum, in addition to, a linear default 
                        method;
                            ``(ii) takes into consideration factors 
                        that include the weight of the evidence, data 
                        quality and study reliability, the nature and 
                        severity of any health effects involved, the 
                        size of any sensitive population that is at 
                        risk with respect to the constituent or 
                        radiation, as applicable, and the kind and 
                        degree of any relevant scientific 
                        uncertainties; and
                            ``(iii) after applying the principles 
                        described in clauses (i) and (ii)--
                                    ``(I) if the likely operative 
                                cancer mode of action with respect to 
                                the constituent or radiation supports 
                                use of a linear default model, is the 
                                level of exposure to the constituent or 
                                radiation every day for 70 years that 
                                would result in a not greater than 1 in 
                                100,000 chance of developing cancer for 
                                an individual who is exposed to the 
                                constituent or radiation; and
                                    ``(II) if the likely operative 
                                cancer mode of action with respect to 
                                the constituent or radiation is non-
                                linear, is the level of exposure to the 
                                constituent or radiation every day for 
                                70 years that would result in a not 
                                greater than 1 in 1,000 chance of 
                                developing cancer for an individual who 
                                is exposed to the constituent or 
                                radiation; and
                    ``(C) with respect to a constituent or radiation 
                that is a systemic toxicant, including a reproductive 
                or developmental toxicant, the level of exposure to the 
                constituent or radiation, as applicable, that would 
                result in a not greater than 1 in 1,000 chance of a 
                significant adverse health impact.
            ``(8) Naturally occurring.--The term `naturally occurring' 
        means, with respect to a constituent and a covered product, 
        that the constituent occurs in--
                    ``(A) any plant, animal, or microorganism, or any 
                raw material or a constituent derived from a plant, 
                animal, or microorganism, that composes or is a part of 
                the covered product; and
                    ``(B) the covered product because of--
                            ``(i)(I) activity that is authorized 
                        pursuant to regulation or permitting; or
                            ``(II) human activity; and
                            ``(ii) any physical processing, 
                        preparation, or packaging of--
                                    ``(I) a plant, animal, or 
                                microorganism; or
                                    ``(II) any raw material or 
                                constituent derived from an entity 
                                described in subclause (I).
            ``(9) Non-functional constituent.--The term `non-functional 
        constituent' means, with respect to a covered product, any 
        constituent--
                    ``(A) that--
                            ``(i) is an incidental component, at 
                        insignificant levels, of an ingredient of the 
                        covered product;
                            ``(ii) is, at insignificant levels, a 
                        breakdown product of an ingredient of the 
                        covered product;
                            ``(iii) is a byproduct of the manufacturing 
                        process with respect to the covered product;
                            ``(iv) has not been intentionally added as 
                        a separate substance during the manufacturing 
                        process with respect to the covered product; 
                        and
                            ``(v) serves no technical or functional 
                        effect with respect to the covered product; and
                    ``(B) the presence of which does not endanger 
                public health.
            ``(10) Product constituent.--The term `product constituent' 
        means a chemical or chemical substance that--
                    ``(A) comprises a covered product (or a component 
                of, or material with respect to, a covered product) in 
                whole or part; and
                    ``(B) is present in a covered product as--
                            ``(i) part of a specified set of 
                        ingredients; or
                            ``(ii) a non-functional constituent.
            ``(11) Radiation.--
                    ``(A) In general.--The term `radiation' means--
                            ``(i) electromagnetic radiation, including 
                        the entire electromagnetic spectrum of 
                        radiation of any wavelength; and
                            ``(ii) radiation from naturally occurring 
                        radioactive elements, including--
                                    ``(I) uranium, thorium, and 
                                potassium;
                                    ``(II) any radioactive decay 
                                products of an element described in 
                                subclause (I), trace concentrations of 
                                which may occur in materials such as 
                                stone or granite; and
                                    ``(III) any other naturally 
                                occurring radioactive material.
                    ``(B) Electromagnetic spectrum.--For the purposes 
                of subparagraph (A), the electromagnetic spectrum of 
                radiation includes gamma rays, x-rays, ultraviolet 
                rays, visible rays, infrared rays, microwaves, 
                radiowaves, and low frequency radiation.
            ``(12) Responsible person.--The term `responsible person' 
        means--
                    ``(A) the manufacturer, distributor, retailer, or 
                packager of a covered product that is subject to a 
                covered declaration requirement; and
                    ``(B) the supplier of any constituent, component, 
                material, chemical or chemical substance, food, or 
                packaging to an entity described in subparagraph (A).
            ``(13) Risk-based.--The term `risk-based' means, with 
        respect to a covered declaration requirement or a de minimis 
        risk level, that the requirement or risk level, as applicable, 
        is based on--
                    ``(A) the likelihood and degree of injury;
                    ``(B) the integration and assessment of 
                information, including data, regarding hazards 
                resulting from specific exposures of 1 or more 
                constituents in, or radiation in or emitted from, a 
                covered product; and
                    ``(C) the recognition of a mode of action within a 
                systematic compilation of scientific data that, within 
                a structured framework, supports a hypothesized, 
                biologically plausible pathway.
            ``(14) Trade secret.--The term `trade secret' has the 
        meaning given the term in section 1839 of title 18, United 
        States Code.
            ``(15) Weight of the evidence.--The term `weight of the 
        evidence' means a systematic review method, applied in a manner 
        that is suited to the nature of evidential information or the 
        decision to which the method applies, that uses a pre-
        established protocol to--
                    ``(A) comprehensively, objectively, transparently, 
                and consistently identify and evaluate each stream of 
                evidential information, including the strengths, 
                limitations, and relevance of any study that is the 
                basis for that evidential information; and
                    ``(B) integrate evidence as necessary and 
                appropriate based on the strengths, limitations, and 
                relevance described in subparagraph (A).
    ``(b) Prohibition.--
            ``(1) In general.--Unless specifically authorized by a 
        Federal statute, no department or agency of the Federal 
        Government, State, political subdivision of a State, or 
        territory or possession of the United States may establish or 
        maintain a covered declaration requirement unless the covered 
        declaration requirement satisfies the standards under paragraph 
        (2).
            ``(2) Standards for covered declaration requirements.--
                    ``(A) In general.--A covered declaration 
                requirement shall satisfy each of the following:
                            ``(i) The covered information to be 
                        displayed or communicated--
                                    ``(I) is clear, accurate, and not 
                                misleading or deceptive to consumers 
                                with respect to the product to which 
                                the covered declaration requirement 
                                applies; and
                                    ``(II) is consistent with the 
                                requirements under section 5 of the 
                                Federal Trade Commission Act (15 U.S.C. 
                                45).
                            ``(ii) The covered information to be 
                        displayed or communicated is--
                                    ``(I) risk-based; and
                                    ``(II) based on--
                                            ``(aa) the best available 
                                        science; and
                                            ``(bb) appropriate weight 
                                        of the evidence review.
                            ``(iii) The covered declaration requirement 
                        exempts non-functional constituents.
                            ``(iv) The covered declaration requirement 
                        exempts naturally occurring constituents.
                            ``(v) The covered declaration requirement--
                                    ``(I) exempts the inclusion of 
                                trade secrets; and
                                    ``(II) does not otherwise require 
                                the disclosure of information described 
                                in section 552(b)(4) of title 5, United 
                                States Code.
                            ``(vi) The covered declaration requirement 
                        does not preclude the inclusion or delivery of 
                        supplemental or clarifying information in the 
                        covered declaration requirement with respect to 
                        a covered product by a responsible person, if 
                        that information is--
                                    ``(I) clear and accurate; and
                                    ``(II) otherwise consistent with 
                                the requirements under section 5 of the 
                                Federal Trade Commission Act (15 U.S.C. 
                                45), as in effect on the date of 
                                enactment of this section.
                            ``(vii) Any requirement with respect to a 
                        product constituent or the composition of a 
                        product allows a responsible person to--
                                    ``(I) subject to clause (v), list 
                                ingredients in descending order of 
                                predominance;
                                    ``(II) subject to clause (v) and 
                                subparagraph (C), list, in any order, 
                                any ingredients that are present in low 
                                concentrations; and
                                    ``(III) name constituents using any 
                                internationally recognized nomenclature 
                                system.
                    ``(B) Burden of demonstrating compliance with 
                federal standard.--
                            ``(i) In general.--Any entity described in 
                        paragraph (1) that brings an action to enforce 
                        a covered disclosure requirement enacted by the 
                        entity, or that is a party to a civil action 
                        brought under subsection (d) with respect to a 
                        covered disclosure requirement enacted by the 
                        entity, shall have the burden of establishing 
                        by a preponderance of the evidence in the 
                        action that the covered disclosure requirement 
                        enacted by the entity satisfies subparagraphs 
                        (A) and (C).
                            ``(ii) Preemption in the event of failure 
                        to meet burden.--If, in an action described in 
                        clause (i), an entity described in that clause 
                        fails to meet the burden of the entity required 
                        under that clause, the responsible person 
                        against which the entity sought to enforce a 
                        covered disclosure requirement enacted by the 
                        entity, or that brought the civil action with 
                        respect to a covered disclosure requirement 
                        enacted by the entity, shall not be subject to 
                        the covered disclosure requirement enacted by 
                        the entity.
                    ``(C) No covered declaration required.--A covered 
                declaration requirement is not required with respect to 
                a covered product if--
                            ``(i) with respect to a constituent, the 
                        concentration of the constituent in the covered 
                        product is below 0.1 percent; and
                            ``(ii) with respect to the emission of 
                        radiation, the level of emission by the covered 
                        product is below the risk-based de minimis risk 
                        level established by the Commission.
    ``(c) Additional Declaration Options.--If a department or agency of 
the Federal Government, a State government, a political subdivision of 
a State, or a territory or possession of the United States requires a 
responsible person to display or communicate covered information to a 
consumer regarding a covered product, that governmental entity shall 
authorize the responsible person with respect to a covered product to 
meet the requirements under subsection (b)(2), including by allowing 
for the omission of information under subsection (b)(2)(C), by 
communicating the covered information to the consumer through an 
electronic or digital declaration method that ensures that--
            ``(1) information is provided on the accompanying package 
        of the covered product that identifies or otherwise indicates--
                    ``(A) an electronic or digital link that--
                            ``(i) shall--
                                    ``(I) provide access to information 
                                about the composition of the covered 
                                product through an internet website or 
                                other landing page;
                                    ``(II) be accompanied by--
                                            ``(aa) the statement `Scan 
                                        here for more'; or
                                            ``(bb) equivalent language 
                                        that reflects technological 
                                        changes;
                                    ``(III) provide access to the 
                                covered information by means of a 
                                mobile device, internet website, or 
                                other landing page;
                                    ``(IV) include the telephone number 
                                described in subparagraph (B); and
                                    ``(V) be of a sufficient size to be 
                                easily and effectively scanned or read 
                                by a digital device; and
                            ``(ii) subject to paragraph (2), may not 
                        collect, analyze, or sell any personally 
                        identifiable information about--
                                    ``(I) individuals who access--
                                            ``(aa) the electronic or 
                                        digital link; or
                                            ``(bb) the telephone number 
                                        described in subparagraph (B); 
                                        or
                                    ``(II) the devices of individuals 
                                who access the electronic or digital 
                                link; and
                    ``(B) a telephone number that shall--
                            ``(i) provide access to additional 
                        information about the composition of the 
                        product; and
                            ``(ii) be accompanied with the statement 
                        `Call for more information about the 
                        composition of this product'; and
            ``(2) if, under other provisions of this Act, information 
        described in paragraph (1)(A)(ii) is required to be collected 
        under paragraph (1), that information--
                    ``(A) shall be deleted by the responsible person as 
                soon as practicable after fulfilling the required 
                purpose under this Act with respect to the information; 
                and
                    ``(B) may not be used for any other purpose by the 
                responsible person.
    ``(d) Private Civil Actions.--
            ``(1) In general.--
                    ``(A) Authority to bring suit.--Any responsible 
                person that is subject to a covered declaration 
                requirement, is otherwise required to display or 
                communicate to a consumer covered information about a 
                covered product, or is, or may be, subject to an 
                enforcement action with respect to that requirement by 
                a State or a political subdivision of a State, may 
                bring a civil action in an appropriate district court 
                of the United States against that State (or any private 
                entity that is authorized to bring an enforcement 
                action on behalf of that State) or that political 
                subdivision, as applicable, if the requirement of the 
                State or political subdivision does not comply with the 
                requirements under subsections (b) and (c).
                    ``(B) Timing.--For the purposes of subparagraph 
                (A), a responsible person shall be considered to be 
                subject to an enforcement action beginning on the date 
                on which a State, or a political subdivision of a 
                State, as applicable, enacts a law or promulgates a 
                regulation that maintains or imposes a covered 
                declaration requirement, without regard to--
                            ``(i) the date on which--
                                    ``(I) compliance is mandated under 
                                the law or regulation, as applicable; 
                                or
                                    ``(II) enforcement of the law or 
                                regulation, as applicable, begins; or
                            ``(ii) any exemption or exclusion that the 
                        responsible person may invoke with respect to 
                        compliance with the law or regulation, as 
                        applicable.
            ``(2) Remedies.--In a civil action brought under paragraph 
        (1), a court may grant an injunction to prevent any actual or 
        threatened harm to a responsible person or interstate 
        commerce.''.
    (b) Applicability to Other Laws.--
            (1) Effect on state laws generally.--No State, or any 
        political subdivision of a State, may impose a requirement or 
        prohibition with respect to information, warning, and labeling 
        requirements applicable to consumer commodities or consumer 
        products that is in addition to, or different than, the 
        requirements under section 14 of the Fair Packaging and 
        Labeling Act, as added by subsection (a).
            (2) Further requirements.--
                    (A) Definition.--In this paragraph, the term 
                ``responsible person'' has the meaning given the term 
                in section 14(a) of the Fair Packaging and Labeling 
                Act, as added by subsection (a).
                    (B) Condition.--A fee, fine, penalty, attorney's 
                fee, or other cost may only be assessed against a 
                responsible person by a State, or a private entity that 
                is authorized to bring an enforcement action on behalf 
                of a State, if the State or the private entity, as 
                applicable, has satisfied the requirements under 
                section 14(b)(2)(B) of the Fair Packaging and Labeling 
                Act, as added by subsection (a).
            (3) Rule of construction regarding allergen declarations.--
        Nothing in this Act, or in the amendments made by this Act, may 
        be construed as amending, altering, or otherwise affecting the 
        requirements under the Food Allergen Labeling and Consumer 
        Protection Act of 2004 (Public Law 108-282; 118 Stat. 905).
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