[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[House]
[Page 3802]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                                H.R. 339

                        Offered By: Mr. Ackerman

       Amendment No. 1: Section 4(2), insert after the period at 
     the end the following: ``However, such term shall not include 
     any slaughtering, packing, meat canning, rendering, or 
     similar establishment that manufactures or distributes for 
     human consumption any cattle, sheep, swine, goats, or horses, 
     mules, or other equines, that, at the point of examination 
     and inspection as required by section 3(a) of the Federal 
     Meat Inspection Act (21 USC 603(a)), are unable to stand or 
     walk unassisted at such establishment.''.
       Section 4(6), insert after the period at the end the 
     following: ``However, such term shall not include any 
     slaughtering, packing, meat canning, rendering, or similar 
     establishment that distributes for human consumption any 
     cattle, sheep, swine, goats, or horses, or mules, or other 
     equines, that, at the point of examination and inspection as 
     required by section 3(a) of the Federal Meat Inspection Act 
     (21 USC 603(a)), are unable to stand or walk unassisted at 
     such establishment.''.

                                H.R. 339

                        Offered By: Mr. Andrews

       Amendment No. 2: Section 4(4), insert before the period at 
     the end the following: ``", except that a food that contains 
     a genetically engineered material is not a qualified product 
     unless the labeling for such food bears a statement providing 
     that the food contains such material and the labeling 
     indicates which of the ingredients of the food are or contain 
     such material''.

                                H.R. 339

                         Offered By: Mr. Inslee

       Amendment No. 3: Section 4(5)(A), insert after ``knowingly 
     and willfully'' the following: ``or negligently''.

                                H.R. 339

                        Offered By: Mr. Lampson

       Amendment No. 4: At the end of the bill (preceding the 
     amendment to the long title), insert the following new 
     section:

     SEC. 5. ACTIONS BY YOUNG CHILDREN AGAINST SELLERS THAT MARKET 
                   TO YOUNG CHILDREN.

       Notwithstanding any other provision of this Act, this Act 
     shall not apply to an action brought by, or on behalf of, a 
     person injured at or before the age of 8, against a seller 
     that, as part of a chain of outlets at least 20 of which do 
     business under the same trade name (regardless of form of 
     ownership of any outlet), markets qualified products to 
     minors at or under the age of 8.

                                H.R. 339

                     Offered By: Mr. Sensenbrenner

       Amendment No. 5: Section 3(c)(1), strike ``In any qualified 
     civil liability action,'' and insert ``In any action of the 
     type described in clause (i) or (ii) of section 4(5)(B),''.
       Section 3(d), strike ``section 4(5)(A)'' and insert 
     ``section 4(5)(B)(i)''.
       Section 4(5), strike ``The term'' and insert ``(A) Subject 
     to subparagraphs (B) and (C), the term''.
       Section 4(5), strike ``any person, but shall not include--
     '' and insert ``any person.''
       Section 4(5), insert after ``any person.'' (as inserted by 
     the preceding instruction) the following:
       (B) Such term shall not include-
       Section 4(5), strike ``(A) an action'' and insert ``(i) an 
     action''.
       Section 4(5), insert ``or'' after ``obesity;''.
       Section 4(5), strike ``(B) an action'' and insert ``(ii) an 
     action''.
       Section 4(5), strike ``; or'' and insert a period.
       Section 4(5), strike subparagraph (C) and insert the 
     following:
       (C) Such term shall not be construed to include an action 
     brought under the Federal Trade Commission Act (15 U.S.C. 41 
     et seq.) or the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 301 et seq.).

                                H.R. 339

                          Offered By: Mr. Watt

       Amendment No. 6: At the end of the bill (preceding the 
     amendment to the long title), insert the following new 
     section:

     SEC. 5. STATE CONSUMER PROTECTION ACTIONS.

       Notwithstanding any other provision to the contrary in this 
     Act, this Act does not apply to an action brought by a State 
     agency to enforce a State consumer protection law concerning 
     mislabeling or other unfair and deceptive trade practices.

                                H.R. 339

                          Offered By: Mr. Watt

       Amendment No. 7: Section 3(a), strike ``or State''.

                                H.R. 339

                          Offered By: Mr. Watt

       Amendment No. 8: Strike section 3(b).

                                H.R. 339

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 9: Section 4(5), insert after ``or a trade 
     association,'' the following: ``or a civil action brought by 
     a manufacturer or seller of a qualified product, or a trade 
     assocation, against any person,''.

                                H.R. 339

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 10: At the end of the bill (preceding the 
     amendment to the long title), insert the following new 
     section:

     SEC. 5. ACTIONS INVOLVING WEIGHT-LOSS PRODUCTS.

       Notwithstanding any other provision of this Act, this Act 
     shall not apply to an action alleging that a product claiming 
     to assist in weight loss caused heart disease, heart damage, 
     primary pulmonary hypertension, neuropsychologocal damage, or 
     any other complication which may also be generally associated 
     with a person's weight gain or obesity.