I 

112TH CONGRESS 

2D SESSION H. R. 3984 

To limit the quantity of arsenic and lead in beverages containing fruit juice 

pursuant to tolerances under section 406 of the Federal Food, Drug, 

and Cosmetic Act. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2012 

Mr. PALLONE (for himself and Ms. DELAURO) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To limit the quantity of arsenic and lead in beverages containing fruit juice pursuant to tolerances under section 

406 of the Federal Food, Drug, and Cosmetic Act. 

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 ‘‘Arsenic Prevention and 

5 Protection from Lead Exposure in Juice Act of 2012’’ or 

6 the ‘‘APPLE Juice Act of 2012’’. 


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1 SEC. 2. LIMITATION ON ARSENIC IN BEVERAGES CON2 TAINING FRUIT JUICE. 

3 (a) ESTABLISHMENT OF TOLERANCE.—Not later 

4 than the day that is 2 years after the date of the enact5 ment of this Act, the Secretary of Health and Human 

6 Services acting through the Commissioner of Food and 

7 Drugs (in this Act referred to as the ‘‘Secretary’’) shall 

8 promulgate a final regulation establishing a tolerance 

9 under section 406 of the Federal Food, Drug, and Cos10 metic Act (21 U.S.C. 346) to limit the quantity of total 

11 arsenic in beverages containing fruit juice. 

12 (b) MINIMUM STRINGENCY.—The limitation on total 

13 arsenic in beverages containing fruit juice established pur14 suant to subsection (a) (and any subsequent revision 

15 thereto) shall be no less stringent than the allowable level 

16 for total arsenic in bottled water under section 410 of the 

17 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 349). 

18 (c) APPLICABLE STANDARD IF NO TOLERANCE IN

19 EFFECT.—Beginning on the day that is 2 years after the 

20 date of the enactment of this Act, if there is no tolerance 

21 in effect pursuant to subsection (a), a beverage containing 

22 fruit juice is deemed to be adulterated for purposes of sec23 tion 402 of the Federal Food, Drug, and Cosmetic Act 

24 (21 U.S.C. 343) if the quantity of total arsenic in the bev25 erage exceeds the limits of the allowable level for total arVerDate Mar 15 2010 23:57 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3984.IH H3984

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1 senic in bottled water under section 410 of the Federal 

2 Food, Drug, and Cosmetic Act (21 U.S.C. 349). 

3 SEC. 3. LIMITATION ON LEAD IN BEVERAGES CONTAINING 

4 FRUIT JUICE. 

5 (a) ESTABLISHMENT OF TOLERANCE.—Not later 

6 than the day that is 2 years after the date of the enact7 ment of this Act, the Secretary shall promulgate a final 

8 regulation establishing a tolerance under section 406 of 

9 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

10 346) to limit the quantity of lead in beverages containing 

11 fruit juice. 

12 (b) MINIMUM STRINGENCY.—The limitation on lead 

13 in beverages containing fruit juice established pursuant to 

14 subsection (a) (and any subsequent revision thereto) shall 

15 be no less stringent than the allowable level for lead in 

16 bottled water under section 410 of the Federal Food, 

17 Drug, and Cosmetic Act (21 U.S.C. 349). 

18 (c) APPLICABLE STANDARD IF NO TOLERANCE IN

19 EFFECT.—Beginning on the day that is 2 years after the 

20 date of the enactment of this Act, if there is no tolerance 

21 in effect pursuant to subsection (a), a beverage containing 

22 fruit juice is deemed to be adulterated for purposes of sec23 tion 402 of the Federal Food, Drug, and Cosmetic Act 

24 (21 U.S.C. 343) if the quantity of lead in the beverage 

25 exceeds the limits of the allowable level for lead in bottled 


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1 water under section 410 of the Federal Food, Drug, and 

2 Cosmetic Act (21 U.S.C. 349). 

Æ 


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