H. R. 4167 - National Food Uniformity Act (2nd Rule)

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday March 7, 2006.
FLOOR ACTION: ADOPTED BY VOICE VOTE, on Wednesday March 8, 2006.

MANAGERS: GINGREY/SLAUGHTER
109th Congress
2nd Session
H.RES. 710
[Report No. 109-386]

H. R. 4167 - National Food Uniformity Act

1. Provides for further consideration of the bill under a structured rule.

2. Provides that no further general debate shall be in order.

3. Makes in order only those amendments printed in the report.

4. Provides that the amendments printed in the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.

5. Waives all points of order against the amendments printed in the report.

6. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for further consideration of the bill (H.R. 4167) to amend the Federal Food, Drug, and Cosmetic Act to provide for uniform food safety warning notification requirements, and for other purposes. No further general debate shall be in order. The bill shall be considered as read. The bill shall be considered for amendment under the five-minute rule. Notwithstanding clause 11 of rule XVIII, no amendment shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

SUMMARY OF AMENDMENTS MADE IN ORDER

Barton (TX) #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. Also clarifies that uniformity in notification requirements for warnings does not apply to warnings related to dietary supplements. REVISED (10 minutes)

Cardoza (CA) #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. (20 minutes)

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. (10 minutes)

Waxman (CA) #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. (10 minutes)
Capps (CA)/Stupak (MI)/Waxman (CA)/Eshoo (CA) #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. (20 minutes)

Wasserman Schultz (FL) #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. (10 minutes)

 

TEXT OF THE AMENDMENTS

1.)Barton (TX) #2

2.)Cardoza (CA) #7

3.)Rogers (MI) #5

4.)Waxman (CA) #3

5.)Capps (CA)/Stupak (MI)/Waxman (CA)/Eshoo (CA) #4

6.)Wasserman Schultz (FL) #1