H.R. 554 - The Personal Responsibility In Food Consumption Act

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Monday, October 17, 2005.
FLOOR ACTION:ADOPTED BY THE YEAS AND NAYS BY A VOTE OF 310-114 AFTER AGREEING TO THE PREVIOUS QUESTION on Tuesday, October 18, 2005
MANAGERS: GINGREY/MATSUI
109th Congress
1st Session

 

H. RES. 494
[Report No. 109-249]

H.R. 554 - the Personal Responsibility In Food Consumption Act

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.

3. Waives all points of order against consideration of the bill.

4. Provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of amendment.

5. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

6. Provides that the amendments printed in the report may be considered 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.

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

8. 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 consideration of the bill (H.R. 554) to prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute 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. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. 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
TO BE MADE IN ORDER

(Summary of amendment derived from information provided by the sponsor)

Sensenbrenner #6
Manager’s Amendment. Makes technical changes to the section of the bill that sets out the types of information a plaintiff must provide to a judge to allow the court to determine whether the lawsuit should proceed or be dismissed. Clarifies that the pleading provision in H.R. 554 is meant to apply to all cases seeking obesity-related damages. Adds the phrase “for each defendant and cause of action” to clarify that a judge must apply H.R. 554's pleading requirements to each specific claim. This prevents a plaintiff from improperly using a claim that is not barred by H.R. 554 as a means of pursuing obesity-related claims that are barred by H.R. 554 against the same or other defendants. (10 minutes)

Jackson-Lee #3
Prohibits the food industry from initiating lawsuits against any person for damages or other relief due to injury or potential injury based on a person's consumption of a qualified food product and weight gain, obesity, or any health condition that is associated with a person's weight gain or obesity. (10 minutes)

Filner #1
Exempts those who are age eight and under from the provisions of this Act as it relates to large chain outlets. (10 minutes)

Scott (VA) #5
Exempts State law enforcement actions from the impact of the legislation to ensure that Attorneys General and State agencies can enforce State consumer protection laws concerning mislabeling or other unfair and deceptive trade practices. (10 minutes)

Waxman #2
Exempts lawsuits involving a dietary supplement relating to a person's weight gain, obesity or any health condition associated with weight gain or obesity. (10 minutes)


TEXT OF THE AMENDMENTS

1.) Sensenbrenner #6

2.) Jackson-Lee #3

3.) Filner #1

4.) Scott (VA) #5

5.) Waxman #2