[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3155 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3155

To ban the use of ortho-phthalate chemicals as food contact substances.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2018

    Mrs. Feinstein (for herself and Mr. Blumenthal) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To ban the use of ortho-phthalate chemicals as food contact substances.

    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 ``Protect Our Food From Phthalate 
Contamination Act''.

SEC. 2. PROHIBITION ON USE OF ORTHO-PHTHALATE CHEMICALS AS FOOD CONTACT 
              SUBSTANCES, INCLUDING FOOD PACKAGING MATERIALS.

    (a) In General.--Notwithstanding any other provision of law, 
effective on the date that is 2 years after the date of enactment of 
this Act--
            (1) the use of any ortho-phthalate chemical as a food 
        contact substance shall be deemed to be unsafe for the purposes 
        of the application of clause (2)(C) of section 402(a) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a));
            (2) any regulation previously issued under section 409 of 
        such Act (21 U.S.C. 348) prescribing the conditions under which 
        any ortho-phthalate chemical may be safely used as a food 
        contact substance shall have no force or effect; and
            (3) the Secretary of Health and Human Services (referred to 
        in this Act as the ``Secretary'') shall object to any 
        notification of an intended use of an ortho-phthalate chemical 
        as a food contact substance submitted under section 409(h)(1) 
        of such Act, and may not issue regulations prescribing any 
        conditions under which any ortho-phthalate chemical may be 
        safely used as a food contact substance.
    (b) Alternative Substances.--Notwithstanding any other provision of 
law, beginning on the date that is 2 years after the date of enactment 
of this Act, in acting in response to any petition under section 409 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348) to establish 
safety with respect to a food contact substance that the Secretary 
determines to be an alternative to an ortho-phthalate chemical, in 
addition to the criteria under subsection (c) of such section 409, the 
Secretary shall consider potential adverse effects of exposure to the 
substance on vulnerable populations, including pregnant women, infants, 
children, the elderly, and populations with high exposure, including 
workers who are exposed through production practices or handling of 
final products.
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