[Congressional Record Volume 167, Number 64 (Wednesday, April 14, 2021)]
[House]
[Pages H1749-H1751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  FOOD ALLERGY SAFETY, TREATMENT, EDUCATION, AND RESEARCH ACT OF 2021

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 578) to improve the health and safety of Americans living with 
food allergies and related disorders, including potentially life-
threatening anaphylaxis, food protein-induced enterocolitis syndrome, 
and eosinophilic gastrointestinal diseases, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 578

       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 ``Food Allergy Safety, 
     Treatment, Education, and Research Act of 2021'' or the 
     ``FASTER Act of 2021''.

     SEC. 2. FOOD ALLERGY SAFETY.

       (a) In General.--Section 201(qq)(1) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321(qq)(1)) is amended by 
     striking ``and soybeans'' and inserting ``soybeans, and 
     sesame''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to any food that is introduced or delivered for 
     introduction into interstate commerce on or after January 1, 
     2023.

     SEC. 3. REPORT TO CONGRESS.

       (a) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services (referred to in this section as the ``Secretary'') 
     shall submit to the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report that 
     includes--
       (1) descriptions of ongoing Federal activities related to--
       (A) the surveillance and collection of data on the 
     prevalence of food allergies and severity of allergic 
     reactions for specific food or food ingredients, including 
     the identification of any gaps in such activities;
       (B) the development of effective food allergy diagnostics;
       (C) the prevention of the onset of food allergies;
       (D) the reduction of risks related to living with food 
     allergies; and
       (E) the development of new therapeutics to prevent, treat, 
     cure, and manage food allergies; and
       (2) specific recommendations and strategies to expand, 
     enhance, or improve activities described in paragraph (1), 
     including--
       (A) strategies to improve the accuracy of food allergy 
     prevalence data by expanding and intensifying current 
     collection methods, including support for research that 
     includes the identification of biomarkers and tests to 
     validate survey data and the investigation of the use of 
     identified biomarkers and tests in national surveys;
       (B) strategies to overcome gaps in surveillance and data 
     collection activities related to food allergies and specific 
     food allergens; and
       (C) recommendations for the development and implementation 
     of a regulatory process and framework that would allow for 
     the timely, transparent, and evidence-based modification of 
     the definition of ``major food allergen'' included in section 
     201(qq) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 
     321(qq)), including with respect to--

[[Page H1750]]

       (i) the scientific criteria for defining a food or food 
     ingredient as a ``major food allergen'' pursuant to such 
     process, including recommendations pertaining to evidence of 
     the prevalence and severity of allergic reactions to a food 
     or food ingredient that would be required in order to 
     establish that such food or food ingredient is an allergen of 
     public health concern appropriate for such process; and
       (ii) opportunities for stakeholder engagement and comment, 
     as appropriate, in considering any such modification to such 
     definition.
       (b) Publication.--The Secretary shall make the report under 
     subsection (a) available on the internet website of the 
     Department of Health and Human Services.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentlewoman from Washington (Mrs. Rodgers) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on S. 578.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of the Food Allergy Safety, 
Treatment, Education, and Research Act, also known as the FASTER Act.
  An estimated 32 million Americans, including approximately one in 
every 13 children, are affected by food allergies. These allergies can 
pose significant risks, particularly when inaccurate food labels fail 
to warn consumers about the presence of some of these allergens.
  Under current law, eight allergens are considered major food 
allergens. These allergens include milk, eggs, shellfish, tree nuts, 
wheat, peanuts, and soybeans. Due to their status as major food 
allergens, manufacturers must clearly state the presence of any of 
these ingredients on labels.
  Notably missing from this list of allergens is sesame. Sesame is 
considered an allergen of growing concern. While its prevalence has 
more than doubled over the last decade, it is not required to be listed 
as an allergen on food packaging. In fact, in some cases, a food may 
contain sesame, but the ingredient won't be listed at all on the 
labels, instead being referred to through nonspecific terms such as 
``spices'' or words that may not be easily recognized by consumers as 
containing sesame, such as tahini.
  While many may not recognize the significance of a simple ingredients 
label, for many families, a lack of clarity on ingredients could mean 
life or death for those who are allergic to sesame. Clearly, this 
information should be prominently featured on all packaged food labels.
  This is an issue we have been working on for quite some time. I 
previously introduced a bill several years ago that would list sesame 
as a major food allergen, and although the Food and Drug Administration 
opened a docket to solicit feedback about sesame labeling, the agency 
has not been able to require the listing of sesame due to overly long 
regulatory processes.
  So today, Mr. Speaker, we are bypassing these regulatory delays and 
taking action. The appropriately-named FASTER Act would quickly move 
this process along by recognizing sesame as a major food allergen and 
requiring its listing on new food labels after a phase-in process.
  The bill will also require FDA to report recommendations on how we 
can make additional improvements to protect individuals with food 
allergies, including ways to add additional major food allergens.
  So I want to thank Representative Matsui for her tireless work on 
this bill. She is the prime sponsor. We came so close to getting this 
over the finish line in the last Congress, and I am glad that today we 
are sending this bill to President Biden for his signature. I am proud 
to support the legislation. I encourage all Members to vote for it.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. RODGERS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I rise today in support of S. 578, the Food Allergy 
Safety, Treatment, Education, and Research Act. This legislation is 
bipartisan, a companion of H.R. 1202, that was led by Representatives 
McHenry, Gonzalez, and Matsui.
  S. 578 will designate sesame as a major food allergen. This means 
that, with the enactment of this legislation, manufacturers would have 
to list this ingredient on the food packaging label of products 
containing sesame.
  Recent studies indicate that sesame allergies are of growing concern 
in the United States, with a prevalence rate on par with allergies to 
soy and fish, which are both listed as major allergens under the 
Federal Food, Drug, and Cosmetic Act.
  This commonsense legislation will provide consumers with the 
information they need to protect themselves and their families from 
certain dangerous and life-threatening allergic reactions.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from California (Ms. Matsui) who is the House sponsor of 
the legislation.

  Ms. MATSUI. Mr. Speaker, I rise today in support of two of my bills 
being considered under suspension today, the FASTER Act and the 
TRANSPLANT Act.
  The Food Allergy Safety, Treatment, Education, and Research Act, 
FASTER--which wasn't as fast as I wanted it to be, but this act will 
help to improve the safety of more than 32 million Americans, including 
5.6 million children, living with potentially life-threatening food 
allergies.
  Under current law, mandatory labeling is required for major food 
allergens recognized by the FDA like milk, eggs, and peanuts.
  My grandson, Robby, has a peanut allergy, and for families like mine, 
accurate food ingredient labels are vital to making safe and healthy 
choices. The time we have spent reading the labels and having 
discussions about whether he can go to a birthday party or not, or go 
to camp or not, and having friends over, it was just heartbreaking. We 
need to have those labels be clear.
  Critically, the FASTER Act extends these labeling protections to 
nearly 1.6 million Americans allergic to sesame by requiring sesame to 
be included as an ingredient on a packaged food label.
  The bill also expands the research necessary to find new treatments 
and is an important step in the right direction to finding an eventual 
cure for food allergies.
  Today is a testament to the hard work of thousands of grassroots 
advocates who sent emails, made calls, and visited Members of Congress 
and staff to build support and make sesame the ninth allergen to be 
labeled under law.
  The outpouring of support was incredible. The FASTER Act will truly 
make a difference for those living with potentially life-threatening 
food allergies, and we are proud that it can now be sent to President 
Biden's desk.

                              {time}  1245

  I also rise today in support of H.R. 941, the TRANSPLANT Act, my 
legislation to reauthorize the C.W. Bill Young Cell Transplantation 
Program and the National Cord Blood Inventory for another 5 years.
  Every 3 minutes, someone is diagnosed with blood cancer. For patients 
and families facing these fatal diseases, a bone marrow or cord blood 
transplant may be the best treatment or only potential for a cure.
  Congress has long recognized the need to coordinate lifesaving 
transplants between patients and unrelated donors at the national level 
and has shown strong bipartisan support over the years for the program.
  We must continue to encourage donors and give these patients with 
otherwise fatal blood cancers a second chance at life. That is why I 
joined with Representative Bilirakis to introduce the TRANSPLANT Act.
  This past year, there has been a new sense of urgency for this timely 
reauthorization. We have seen how Be The Match's status, as the 
designated operator of the national program, has helped bone marrow 
couriers continue to facilitate transplants during the pandemic.

[[Page H1751]]

  We must act swiftly to preserve this critical designation and ensure 
patients with otherwise fatal blood cancers continue to have access to 
transplants, both during and after the current public health crisis.
  I urge my colleagues to support this legislation today so we may 
further prevent any lapse in funding. I support both bills.
  Mrs. RODGERS of Washington. Mr. Speaker, I yield 3 minutes to the 
gentleman from North Carolina (Mr. McHenry), one of the leaders of this 
legislation and the leader of the Financial Services Committee.
  Mr. McHENRY. Mr. Speaker, I thank Mrs. Rodgers, my classmate and a 
member of the Energy and Commerce Committee for yielding. It is an 
amazing thing to be with you here today, and it is an amazing thing to 
be here today to talk about this important bill.
  As the lead Republican cosponsor of the House companion to S. 578, I 
rise in support of the FASTER Act.
  Millions of Americans suffer from life-threatening food allergies. 
More than 1.5 million Americans are allergic to sesame, in particular, 
yet there is no current requirement to include the ingredient on 
product labels. This legislation would declare it the ninth major 
allergen to be recognized by the U.S. Food and Drug Administration and 
update laws to require the labeling of sesame.
  This bill would also require the Secretary of Health and Human 
Services to regularly review promising food allergy treatments and 
research. This is a major bipartisan priority. These efforts will help 
slow this rapidly growing disease and ultimately find and fund a cure.
  Finally, the FASTER Act establishes a scientific process and 
framework for establishing additional allergens covered by the Federal 
Food, Drug, and Cosmetic Act.
  I am proud to serve as cofounder and co-chair of the newly formed 
Congressional Food Allergy Research Caucus, along with Congresswoman 
Doris Matsui. We recognize there is more we can do to help those 32 
million Americans, including many who are children who suffer from food 
allergies.
  We can and we should do more to increase funding into research, 
therapies, and treatments for food allergies. Sending this legislation 
to the President's desk would be a major first step to achieving our 
goal of improving treatment opportunities.
  I urge my colleagues on both sides of the aisle to vote ``yes'' on 
this bill.
  Mr. PALLONE. Mr. Speaker, I urge my colleagues to support this bill, 
S. 578, the FASTER Act, and I yield back the balance of my time.
  Mrs. RODGERS of Washington. Mr. Speaker, I have no additional 
speakers, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, S. 578.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BISHOP of North Carolina. Mr. Speaker, on that I demand the yeas 
and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________