I 

108TH CONGRESS 

1ST SESSION H. R. 1680

To prohibit after 2008 the introduction into interstate commerce of mercury 

intended for use in a dental filling, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2003

Ms. WATSON (for herself and Mr. BURTON of Indiana) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL

To prohibit after 2008 the introduction into interstate commerce of mercury intended for use in a dental filling, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mercury in Dental Fill5 ing Disclosure and Prohibition Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 

8 (1) Mercury is a highly toxic element. 
2

•HR 1680 IH 

1 (2) A dental amalgam, commonly referred to as 

2 a ‘‘silver filling’’, consists of 43 to 54 percent mer3 cury. 

4 (3) Consumers may be deceived by the use of 

5 the term ‘‘silver’’ to describe a dental amalgam, 

6 which contains substantially more mercury than sil7 ver. 

(4) Dental amalgam may contain about 1 8 ⁄2 to 

3 9 ⁄4 of a gram of mercury, depending on the size of 

10 the filling. 

11 (5) The mercury in a dental amalgam contin12 ually emits mercury vapors. 

13 (6) Mercury toxicity is a retention toxicity that 

14 builds up over years of exposure. 

15 (7) The California Dental Association, by court 

16 order, is sending health warnings about mercury fill17 ings to California dental offices for posting by 

18 March 9, 2003. The warnings are to read ‘‘NOTICE 

19 TO PATIENTS: PROPOSITION 65 WARNING: 

20 Dental Amalgam, used in many dental fillings, 

21 causes exposure to mercury, a chemical known to 

22 the state of California to cause birth defects or other 

23 reproductive harm’’. 

24 (8) According to certain scientific studies, 

25 Health Canada, and the Agency for Toxic Sub-
3

•HR 1680 IH 

1 stances and Disease Registry of the Public Health 

2 Service of the Department of Health and Human 

3 Services, children and pregnant women are at par4 ticular risk for exposure to mercury contained in 

5 dental amalgam. 

6 (9) The United States Food and Drug Adminis7 tration added Health Canada warnings regarding 

8 mercury in dental amalgam to a consumer update 

9 issued on December 31, 2002. 

10 (10) According to the Agency for Toxic Sub11 stances and Disease Registry, the mercury from 

12 amalgam goes through the placenta of pregnant 

13 women and through the breast milk of lactating 

14 women, giving rise to health risks to an unborn child 

15 or a baby. 

16 (11) The Environmental Protection Agency con17 siders removed amalgam filling and extracted teeth 

18 containing amalgam material to be hazardous waste. 

19 (12) A report issued June 5, 2002, by the Mer20 cury Policy Project, the Sierra Club, Health Care 

21 Without Harm, and the Toxics Action Center stated 

22 that because of mercury fillings dental offices are 

23 now the leading source of mercury in the Nation’s 

24 wastewater. 
4

•HR 1680 IH 

1 (13) The use of mercury in any product being 

2 put into the body is opposed by many health groups, 

3 such as the American Public Health Association, the 

4 California Medical Association, and Health Care 

5 Without Harm. 

6 (14) Consumers and parents have a right to 

7 know, in advance, the risks of placing a product con8 taining a substantial amount of mercury in their 

9 mouths or the mouths of their children. 

10 (15) Alternatives to mercury-based dental fill11 ings exist, but many publicly and privately financed 

12 health plans do not allow consumers to choose alter13 natives to mercury amalgam. 

14 SEC. 3. PROHIBITION ON INTRODUCTION OF DENTAL 

15 AMALGAM INTO INTERSTATE COMMERCE. 

16 (a) PROHIBITION.—Section 501 of the Federal Food, 

17 Drug, and Cosmetic Act (21 U.S.C. 351) is amended by 

18 adding at the end the following: 

19 ‘‘(j) Effective January 1, 2008, if it contains mercury 

20 intended for use in a dental filling.’’. 

21 (b) TRANSITIONAL PROVISION.—For purposes of the 

22 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 

23 et seq.), effective December 31, 2004, and subject to sub24 section (a), a device that contains mercury intended for 

25 use in a dental filling shall be considered to be mis-
5

•HR 1680 IH 

1 branded, unless it bears a label that provides as follows: 

2 ‘‘Dental amalgam contains approximately 50 percent mer3 cury, a highly toxic element. Such product should not be 

4 administered to children less than 18 years of age, preg5 nant women, or lactating women. Such product should not 

6 be administered to any consumer without a warning that 

7 the product contains mercury, which is a highly toxic ele8 ment, and therefore poses health risks.’’.

Æ