[House Report 109-386]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-386

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    PROVIDING FOR FURTHER CONSIDERATION OF H.R. 4167, NATIONAL FOOD 
                         UNIFORMITY ACT OF 2005

                                _______
                                

   March 7, 2006.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Gingrey, from the Committee on Rules submitted the following

                              R E P O R T

                       [To accompany H. Res. 710]

    The Committee on Rules, having had under consideration 
House Resolution 710, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the further consideration of 
H.R. 4167, the National Food Uniformity Act of 2005, under a 
structured rule. The rule provides that no further general 
debate shall be in order.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole.
    The rule waives all points of order against the amendments 
printed in this report. Finally, the rule provides one motion 
to recommit with or without instructions.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 146

    Date: March 7, 2006.
    Measure: H.R. 4167, the National Food Uniformity Act of 
2005.
    Motion by: Mr. McGovern.
    Summary of motion: To report an open rule.
    Results: Defeated 3 to 6.
    Vote by Members: Hastings (WA)--Nay; Sessions--Nay; 
Capito--Nay; Cole--Nay; Gingrey--Nay; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 147

    Date: March 7, 2006.
    Measure: H.R. 4167, the National Food Uniformity Act of 
2005.
    Motion by: Mr. Hastings (FL).
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Stupak, 
which permits states to maintain or enact food warning laws 
that require notifications regarding the treatment of food with 
carbon monoxide.
    Results: Defeated 3 to 6.
    Vote by Members: Hastings (WA)--Nay; Sessions--Nay; 
Capito--Nay; Cole--Nay; Gingrey--Nay; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

    (Summaries of amendments derived from information provided 
by the sponsors)
    1. Barton (TX): Manager's amendment. Revised. Deletes 
section (f) from 403B. Would insert in 403A a new clause 
clarifying when states may act to implement food adulteration 
standards in absence of a federal adulteration standard for a 
particular food. Under the amendment, if the FDA has 
established a federal adulteration or food tolerance standard 
the state must enforce that standard. If the FDA has considered 
and officially rejected a federal standard then states may not 
enforce requirements rejected by the Secretary. However, if the 
Secretary has not acted to establish a standard or rejected a 
standard then a state could establish its own adulteration or 
tolerance standard without having to petition or seek approval 
from the FDA. Also clarifies that uniformity in notification 
requirements for warnings does not apply to warnings related to 
dietary supplements. (10 minutes).
    2. Cardoza (CA): Provides for expedited consideration of 
state petitions that seek adoption of national warning 
requirements or exemptions from uniformity for state warning 
requirements in three cases: (1) where the requested warning 
relates to cancer-causing agents; (2) where the requested 
warning related to reproductive effects or birth defects; and 
(3) where the requested warning is intended to provide 
information that will allow parents or guardians to understand, 
monitor, or limit a child's exposure to cancer-causing agents 
or reproductive or developmental toxins. (20 minutes).
    3. Rogers (MI): States that the changes of law made by this 
legislation will not take effect until after the Secretary of 
Health and Human Services certifies to the Congress, after 
consultation with the Secretary of Homeland Security, that the 
implementation of the legislation will pose no additional risk 
to the public health or safety from terrorist attacks relating 
tot he food supply. (10 minutes).
    4. Waxman (CA): Limits the scope of H.R. 4167 in order to 
preserve state authorities that help defend and respond to 
bioterrorism attacks. Specifically, when a Governor or state 
legislature certifies that a state authority is useful in 
establishing or maintaining a food supply that is adequately 
protected from bioterrorism attack, the state authority is not 
affected by the Act. (10 minutes).
    5. Capps (CA)/Stupak (MI)/Waxman (CA)/Eshoo (CA): Permits 
states to maintain or enact food warning laws that require 
notifications regarding the risks of cancer, birth defects, 
reproductive health issues, and allergic reactions associated 
with sulfiting agents in bulk foods. Also permits states to 
maintain or enact food warning laws notifying parents of the 
risks of cancer, reproductive or developmental toxins, and food 
borne pathogens associated with certain foods, as well as laws 
governing food safety standards and tolerance levels related to 
limiting children's exposure to these risks. (20 minutes).
    6. Wasserman Schultz (FL): Prevents the National Uniformity 
for Food Act from affecting any State law, regulation, 
proposition or other action that establishes a notification 
requirement regarding the presence or potential effects of 
mercury in fish and shellfish. (10 minutes).

                    TEXT OF AMENDMENTS MADE IN ORDER


1. An Amendment To Be Offered by Representative Barton of Texas, or His 
                Designee, To Be Debatable for 10 Minutes

  Page 2, line 7, strike ``403A(a)'' and insert ``403A''.
  Page 2, beginning on line 8, strike ``343-1(a)'' and insert 
``343-1''.
  Page 2, line 10, strike ``in paragraph (4)'' and insert ``in 
subsection (a)(4)''.
  Page 2, line 12, strike ``in paragraph (5)'' and insert ``in 
subsection (a)(5)''.
  Page 2, line 14, insert ``in subsection (a),'' after ``(3)''.
  Page 3, strike lines 5 through 15 and insert the following:
          (4) by adding at the end the following:
  ``(c)(1) For purposes of subsection (a)(6) and section 403B, 
the term `identical' means that the language under the laws of 
a State or a political subdivision of a State is substantially 
the same language as the comparable provision under this Act 
and that any differences in language do not result in the 
imposition of materially different requirements. For purposes 
of subsection (a)(6), the term `any requirement for a food' 
does not refer to provisions of this Act that relate to 
procedures for Federal action under this Act.
  ``(2) For purposes of subsection (a)(6), a State or political 
subdivision of a State may enforce a State law that contains a 
requirement that is identical to a requirement in a section of 
Federal law referred to in subsection (a)(6) if--
          ``(A) the Secretary has promulgated a regulation or 
        adopted a final guidance relating to the requirement 
        and the State applies the State requirement in a manner 
        that conforms to the regulation or guidance; or
          ``(B) the Secretary has not promulgated a regulation 
        or adopted a final guidance relating to the 
        requirement, except that if the Secretary has 
        considered a proposal for a regulation or final 
        guidance relating to the requirement and has, after 
        soliciting public comment, made a determination not to 
        promulgate such regulation or adopt such guidance, 
        which determination is published in the Federal 
        Register, the State may not enforce any requirements in 
        State law that are policies rejected by the Secretary 
        through such determination.''.
  Page 13, strike lines 13 through 19.
  Page 13, line 20, strike ``(g)'' and insert ``(f)''.
  Page 14, line 4, strike ``or'' after ``pricing,''.
  Page 14, line 5, insert before the semicolon the following: 
``, or dietary supplements''.
  Page 14, line 13, strike ``(h)'' and insert ``(g)''.
                              ----------                              


2. An Amendment To Be Offered by Representative Cardoza of California, 
            or His Designee, To Be Debatable for 20 Minutes

  Page 11, after line 7, insert the following:
                  ``(C) Expedited consideration.--The Secretary 
                shall expedite the consideration of any 
                petition under paragraphs (1) or (2) that 
                involves a request for a notification 
                requirement for a food that provides a warning 
                where the health effect to be addressed by the 
                warning relates to cancer or reproductive or 
                birth defects or is intended to provide 
                information that will allow parents or 
                guardians to understand, monitor, or limit a 
                child's exposure to cancer-causing agents or 
                reproductive or developmental toxins.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Rogers of Michigan, or 
              His Designee, To Be Debatable for 10 Minutes

    At the end of the bill, add the following section:

SEC. 3. CONDITIONS.

    The amendments made by this Act take effect only if the 
Secretary of Health and Human Services certifies to the 
Congress, after consultation with the Secretary of Homeland 
Security, that the implementation of such amendments will pose 
no additional risk to the public health or safety from 
terrorists attacks relating to the food supply.
                              ----------                              


 4. An Amendment To Be Offered by Representative Waxman of California, 
            or His Designee, To Be Debatable for 10 Minutes

    At the end of the bill, add the following:

SEC. 3. PROTECTION AGAINST BIOTERRORISM.

    Nothing in this Act or the amendments made by this Act 
shall have any effect upon a State law, regulation, action, or 
proposition if a Governor or State legislature certifies that 
such law, regulation, action, or proposition is useful in 
establishing or maintaining a food supply that is adequately 
protected from bioterrorism attack.
                              ----------                              


5. An Amendment To Be Offered by Representative Capps of California, or 
              Her Designee, To Be Debatable for 20 Minutes

  Page 4, beginning on line 1, strike ``Except as provided in 
subsections (c) and (d),'' and insert ``Except as provided in 
paragraphs (4) through (6) and subsections (c) and (d),''.
  Page 5, after line 16, insert the following:
          ``(4) Notifications regarding cancer.--Paragraph (1) 
        does not apply to a notification described in such 
        paragraph if the notification warns that the food 
        involved may cause cancer.
          ``(5) Notifications regarding birth defects or 
        reproductive health problems.--Paragraph (1) does not 
        apply to a notification described in such paragraph if 
        the notification warns that the food involved may cause 
        birth defects, or warns that the food may cause 
        reproductive health problems, or both.
          ``(6) Notification regarding allergenic sulfiting 
        agents.--Paragraph (1) does not apply to a notification 
        described in such paragraph if the notification warns 
        that the food involved contains a sulfiting agent that 
        may cause an allergic reaction.''.
  At the end of the bill, add the following:

SECTION 3. ENSURING ADEQUATE PROTECTION FOR KIDS.

  Nothing in this Act or the amendments made by this Act shall 
have any effect upon a State law, regulation, proposition or 
other action that--
          (1) establishes a notification requirement that will 
        allow parents or guardians to understand, monitor, or 
        limit a child's exposure to cancer-causing agents, 
        reproductive or developmental toxins, or food-borne 
        pathogens; or
          (2) offers protection to children from foods bearing 
        or containing cancer-causing agents, reproductive or 
        developmental toxins, or food-borne pathogens.
                              ----------                              


 6. An Amendment To Be Offered by Representative Wasserman Schultz of 
        Florida, or Her Designee, To Be Debatable for 10 Minutes

  At the end of the bill, add the following section:

SEC. 3. ENSURING ADEQUATE INFORMATION FOR INFANTS, CHILDREN, AND WOMEN 
                    OF CHILD-BEARING AGE.

  Nothing in this Act or the amendments made by this Act shall 
have any effect upon a State law, regulation, proposition or 
other action that establishes a notification requirement 
regarding the presence or potential effects of mercury in fish 
and shellfish.

                                  
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