[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6105 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 6105

   To amend the Federal Food, Drug, and Cosmetic Act to deem certain 
  substances to be unsafe for use as food contact substances, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 2023

Ms. Schakowsky (for herself, Ms. DeLauro, Mrs. Dingell, Ms. Norton, Ms. 
    Pingree, Ms. Velazquez, Mrs. Watson Coleman, Mr. Lynch, and Mr. 
  Grijalva) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Food, Drug, and Cosmetic Act to deem certain 
  substances to be unsafe for use as food contact substances, 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 ``No Toxics in Food Packaging Act of 
2023''.

SEC. 2. SUBSTANCES DEEMED UNSAFE FOR USE AS FOOD CONTACT SUBSTANCES.

    (a) In General.--Section 409 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 348) is amended by adding at the end the 
following:
    ``(j) Substances Deemed Unsafe for Use as Food Contact 
Substances.--
            ``(1) In general.--For purposes of this section and section 
        402(a)(2)(C), the following are deemed to be unsafe for use as 
        food contact substances:
                    ``(A) Any chemical belonging to the class of ortho-
                phthalates.
                    ``(B) Any chemical belonging to the class of PFAS.
                    ``(C) Bisphenol A, B, S, F, or AF or related 
                compounds.
                    ``(D) Styrene.
                    ``(E) Antimony trioxide.
            ``(2) Alternative substances.--In acting in response to any 
        petition under this section to establish safety with respect to 
        a food contact substance that the Secretary determines to be an 
        alternative to a substance listed in paragraph (1), in addition 
        to the criteria under subsection (c), the Secretary shall 
        consider potential adverse effects of exposure to the substance 
        on vulnerable populations.
            ``(3) Definitions.--In this subsection:
                    ``(A) The term `ortho-phthalates' means a class of 
                chemicals that are esters of ortho-phthalic acid 
                including--
                            ``(i) DEHP 117-81-7;
                            ``(ii) BBP 85-68-7;
                            ``(iii) DBP 84-74-2;
                            ``(iv) DIDP 26761-40-0;
                            ``(v) DnHP 84-75-3;
                            ``(vi) DINP 28553-12-0;
                            ``(vii) DNOP 117-84-0;
                            ``(viii) DEP 84-66-2;
                            ``(ix) DIBP 84-69-5;
                            ``(x) DPENP 131-18-0; and
                            ``(xi) DCHP 84-61-7.
                    ``(B) The term `PFAS' means a perfluoroalkyl 
                substance or a polyfluoroalkyl substance that is man-
                made with at least 1 fully fluorinated carbon atom.
                    ``(C) The term `vulnerable population' means a 
                human population that is subject to the potential for 
                disproportionate exposure to, or the potential for 
                disproportionate adverse effect from exposure to, a 
                chemical substance or mixture, including--
                            ``(i) infants, children, and adolescents;
                            ``(ii) pregnant women;
                            ``(iii) the elderly;
                            ``(iv) individuals with preexisting medical 
                        conditions;
                            ``(v) workers who may be exposed to 
                        chemical substances and mixtures;
                            ``(vi) residents in communities subject to 
                        disproportionate exposures; and
                            ``(vii) members of any other appropriate 
                        population identified by the Secretary.''.
    (b) Delayed Applicability.--Section 409(j) of the Federal Food, 
Drug, and Cosmetic Act, as added by subsection (a), applies beginning 
on the date that is 2 years after the date of enactment of this Act.
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