| To amend the Food, Drug,
and Cosmetic Act and the egg, meat, and poultry inspection laws to ensure
that consumers receive notification regarding food products produced from
crops, livestock,... (Introduced in the House)
HR 172 IH
107th CONGRESS
1st Session
H. R. 172
To amend the Food,
Drug, and Cosmetic Act and the egg, meat, and poultry inspection laws to
ensure that consumers receive notification regarding food products produced
from crops, livestock, or poultry raised on land on which sewage sludge
was applied.
IN THE HOUSE OF REPRESENTATIVES
January 3, 2001
Mr. SERRANO introduced the following
bill; which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend the Food,
Drug, and Cosmetic Act and the egg, meat, and poultry inspection laws to
ensure that consumers receive notification regarding food products produced
from crops, livestock, or poultry raised on land on which sewage sludge
was applied.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. NOTIFICATION TO CONSUMERS
OF FOOD PRODUCTS PRODUCED ON LAND ON WHICH SEWAGE SLUDGE HAS BEEN APPLIED.
(a) ADULTERATED FOOD UNDER
FEDERAL FOOD, DRUG, AND COSMETIC ACT- Section 402 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end
the following new paragraph:
`(h)(1) Effective one year
after the date of the enactment of this subsection, if it is a food (intended
for human consumption and offered for sale) that was produced, or contains
any ingredient that was produced, on land on which sewage sludge was applied,
unless--
`(A) the application of
sewage sludge to the land terminated more than one year before the date
on which the production of the food or ingredient on the land commenced;
`(B) the food bears a label
that clearly indicates that the food, or an ingredient of the food, was
produced on land on which sewage sludge was applied; or
`(C) in the case of a raw
agricultural commodity or other food generally offered for sale without
labeling, a sign is posted within close proximity of the food to notify
consumers that the food, or an ingredient of the food, was produced on
land on which sewage sludge was applied.'.
(b) ADULTERATED FOOD UNDER
EGG PRODUCTS INSPECTION ACT- Section 4(a) of the Egg Products Inspection
Act (21 U.S.C. 1033(a)) is amended--
(1) by striking `or' at
the end of paragraph (7);
(2) by striking the period
at the end of paragraph (8) and inserting `; or'; and
(3) by adding at the end
the following new paragraph:
`(9) effective one year
after the date of the enactment of this paragraph, if it is derived from
poultry that were raised, or that consumed animal feed produced, on land
on which sewage sludge was applied, unless--
`(A) the application of
sewage sludge to the land terminated more than one year before the date
on which the poultry began to be raised on the land or the date on which
the production of the animal feed on the land commenced; or
`(B) the container bears
a label that clearly indicates that the egg or egg product was derived
from poultry that--
`(i) were raised on land
on which sewage sludge was applied; or
`(ii) consumed animal feed
produced on land on which sewage sludge was applied.'.
(c) ADULTERATED FOOD UNDER
FEDERAL MEAT INSPECTION ACT- Section 1(m) of the Federal Meat Inspection
Act (21 U.S.C. 601(m)) is amended--
(1) by striking `or' at
the end of paragraph (8);
(2) by striking the period
at the end of paragraph (9) and inserting `; or'; and
(3) by adding at the end
the following new paragraph:
`(10) effective one year
after the date of the enactment of this paragraph, if it is derived from
livestock that grazed, or consumed animal feed produced, on land on which
sewage sludge was applied, unless--
`(A) the application of
sewage sludge to the land terminated more than one year before the date
on which the livestock began grazing on the land or the date on which the
production of the animal feed on the land commenced;
`(B) the carcass, part thereof,
meat or meat food product bears a label that clearly indicates that the
livestock--
`(i) grazed on land on which
sewage sludge was applied; or
`(ii) consumed animal feed
produced on land on which sewage sludge was applied; or
`(C) in the case of a carcass,
part thereof, meat or meat food product generally offered for sale without
labeling, a sign is posted within close proximity of the item to notify
consumers that the livestock--
`(i) grazed on land on which
sewage sludge was applied; or
`(ii) consumed animal feed
produced on land on which sewage sludge was applied.'.
(d) ADULTERATED FOOD UNDER
POULTRY PRODUCTS INSPECTION ACT- Section 4(g) of the Egg Products Inspection
Act (21 U.S.C. 453(g)) is amended--
(1) by striking `or' at
the end of paragraph (7);
(2) by striking the period
at the end of paragraph (8) and inserting `; or'; and
(3) by adding at the end
the following new paragraph:
`(9) effective one year
after the date of the enactment of this paragraph, if it is derived from
poultry that were raised, or that consumed animal feed produced, on land
on which sewage sludge was applied, unless--
`(A) the application of
sewage sludge to the land terminated more than one year before the date
on which the poultry began to be raised on the land or the date on which
the production of the animal feed on the land commenced;
`(B) the poultry product
bears a label that clearly indicates that the poultry contained in the
product--
`(i) were raised on land
on which sewage sludge was applied; or
`(ii) consumed animal feed
produced on land on which sewage sludge was applied; or
`(C) in the case of a poultry
product generally offered for sale without labeling, a sign is posted within
close proximity of the item to notify consumers that the poultry contained
in the product--
`(i) were raised on land
on which sewage sludge was applied; or
`(ii) consumed animal feed
produced on land on which sewage sludge was applied.'.
(e) SPECIAL RULES FOR ORGANIC
FOODS-
(1) CROP PRODUCTION- Section
2109 of the Organic Foods Production Act of 1990 (7 U.S.C. 6508) is amended
by adding at the end the following new subsection:
`(d) USE OF SEWAGE SLUDGE-
Notwithstanding section 402(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 342(h)) and section 4(a)(9) of the Egg Products Inspection
Act (21 U.S.C. 1033(a)(9)), foods labeled `100 percent organic', `organic',
or `made with organic ingredients' may not be produced using sewage sludge.'.
(2) ANIMAL PRODUCTION- Section
2110 of the Organic Foods Production Act of 1990 (7 U.S.C. 6509) is amended
by adding at the end the following new subsection:
`(h) USE OF SEWAGE SLUDGE-
Notwithstanding section 1(m)(10) of the Federal Meat Inspection Act (21
U.S.C. 601(m)(10)) and section 4(g)(9) of the Egg Products Inspection Act
(21 U.S.C. 453(g)(9)), any livestock that is to be slaughtered and sold
or labeled as `organically produced' or that is to be used in the production
of foods labeled `100 percent organic', `organic', or `made with organic
ingredients' may not be raised using sewage sludge.'.
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