Summary of Amendments Submitted to the Rules Committee on H.R. 4167 - National Food Uniformity Act of 2005

Summary of Amendment Submitted to the Rules Committee on
H.R. 4167 - NATIONAL FOOD UNIFORMITY ACT OF 2005

(in alphabetical order)

SUMMARY OF AMENDMENTS

(summaries derived from information provided by sponsors)

 

Barton #2 
Manager’s Amendment. 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.

Capps/Eshoo/Stupak/ Waxman #4
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.

Cardoza #7
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.

Conaway (TX) #10
The proposed amendment would amend the underlying bill by providing a means for consideration and review of ingredient petitions within the regulatory structure as prescribed in section 201(s) of the Food, Drug, and Cosmetic Act. The amendment perfects the underlying bill by providing a means for the Food and Drug Administration (FDA) to assess the safety of food and substances as provided in Section 201. This amendment would allow petitions to be considered and evaluated for safety by FDA’s scientific personnel, technical professionals, and the systems and processes in place to review such proposals. LATE
Conaway (TX) #11
2nd Degree to Stupak #8. Would amend the first degree amendment by providing a means for consideration and review of the referenced substance within the regulatory structure as prescribed in section 201(s) of the Food, Drug, and Cosmetic Act. This amendment corrects that deficiency by providing a means for review within the FDA’s regulatory structure. The FDA is the agency with the statutory obligation under the Food, Drug, and Cosmetic Act to review, evaluate, and provide for scientific study of food ingredients, such as carbon monoxide. Generally, the Food and Drug Administration (FDA) is the primary agency designated by Congress to assess the safety of food ingredients as provided in section 201. LATE

DeGette #6
The Congressional Budget Office estimates that this bill will cost the FDA $100 million over five years to administer. This amendment stipulates that the bill will not take effect until Congress appropriates funding in the first year, consistent with this estimate.

Inslee #9
Clarifies that states are permitted to act to set their own tolerance or other food safety standard in the event that FDA had not acted to set such a standard. Specifically, the amendment would permit states to establish, enforce, or continue in effect laws relating to any requirements for food described in the provisions identified in paragraph (a)(3) of the bill, unless the Secretary has taken final agency action with respect to those provisions.

Rogers (MI) #5
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 to the food supply.

Stupak #8
Permits states to maintain or enact food warning laws that require notifications regarding the treatment of food with carbon monoxide. REVISED

Wasserman-Schultz #1
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.

Waxman #3
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.