H. Res. 691: H.R. 2749 – Food Safety Enhancement Act of 2009

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Wednesday,  July 29, 2009.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 249 – 180 on Thursday, July 30, 2009.

MANAGERS: Slaughter/Foxx

111th Congress 
1st Session

H.RES 691

[Report No. 111-235]

 

H.R. 2749 – Food Safety Enhancement Act of 2009

  1. Closed rule.
  2. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce.
  3. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.
  4. Provides that in lieu of the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce, the amendment in the nature of a substitute printed in the Rules Committee report accompanying the resolution shall be considered as adopted and the bill, as amended, shall be considered as read.
  5. Waives all points of order against provisions in the bill, as amended. This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).
  6. Provides one motion to recommit with or without instructions.

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RESOLUTION

            Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 2749) to amend the Federal Food, Drug, and Cosmetic Act to improve the safety of food in the global market, and for other purposes.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  In lieu of the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill, the amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted.  The bill, as amended, shall be considered as read.  All points of order against provisions of the bill, as amended, are waived.  The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce; and (2) one motion to recommit with or without instructions.

SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE

PROPOSED TO BE CONSIDERED AS ADOPTED

TEXT OF THE AMENDMENT

            The amendment in the nature of a substitute retains the provisions of the bill as reported by the Committee on Energy and Commerce and would provide for increased coordination between FDA and Customs and Border Patrol and between FDA and USDA.  It harmonizes FDA’s authority to prohibit or restrict the movement of tainted foods with that of USDA.  It clarifies who exactly does—and does not—have to register with FDA and pay the annual registration fee.  For instance, the substitute amendment provides that farms, including those that process food and feed that they sell to other farms or primarily directly to consumers, do not have to register or pay.  In addition, retail food establishments that sell products directly to consumers also do not have to register or pay.  In the section of the bill that deals with FDA’s ability to trace the supply chain of food, limits are imposed on how far back that traceback system needs to go.  In the fresh produce section of the bill, it is clarified that the FDA should issue standards only for the riskiest types of products.