```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9808 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9808

 To direct the Administrator of the Environmental Protection Agency to 
  establish a voluntary food climate labeling program, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2024

  Mr. Casten (for himself and Ms. Brownley) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
 To direct the Administrator of the Environmental Protection Agency to 
  establish a voluntary food climate labeling program, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary Food Climate Labeling 
Act''.

SEC. 2. VOLUNTARY FOOD CLIMATE LABELING PROGRAM.

    (a) In General.--
            (1) Establishment.--The Administrator of the Environmental 
        Protection Agency shall carry out a voluntary food climate 
        labeling program.
            (2) Consultation.--The Administrator shall establish and 
        operate the labeling program in consultation with the Secretary 
        of Agriculture and the Federal Trade Commission.
    (b) Administration of Program.--
            (1) Prohibition.--A person manufacturing, importing, 
        distributing, or selling food may not place the food climate 
        label developed under subsection (c) on the food or its 
        labeling unless the Administrator has authorized such person to 
        do so under paragraph (3).
            (2) Applications.--An applicant shall submit to the 
        Administrator an application at such time, in such manner, and 
        containing such information as the Administrator may require.
            (3) Review of applications.--The Administrator shall review 
        all applications submitted under paragraph (2) and approve any 
        such application--
                    (A) on the basis of whether the applicant provides 
                assurances satisfactory to the Administrator that the 
                applicant will adhere to the requirements of the 
                labeling program; and
                    (B) not on the basis of an assessment of the 
                benefits to the environment associated with the food.
            (4) Placement of label.--If the Administrator approves an 
        application under this subsection with respect to a food, the 
        Administrator may specify where on the food or its labeling the 
        food climate label shall be placed.
    (c) Development of Food Climate Label.--
            (1) In general.--The Administrator shall specify--
                    (A) the visual form of the food climate label, as 
                described in paragraph (3);
                    (B) the information to be included on the food 
                climate label, as described in paragraph (4); and
                    (C) the method by which the information to be 
                included on the food climate label shall be verified, 
                as described in paragraph (5).
            (2) Consultation.--In specifying the visual form, 
        information to be included, and method for verification 
        referred to in paragraph (1), the Administrator--
                    (A) shall consult with food industry stakeholders; 
                and
                    (B) may perform such consultation--
                            (i) by establishing a Federal advisory 
                        committee under chapter 10 of title 5, United 
                        States Code (commonly referred to as the 
                        ``Federal Advisory Committee Act''); or
                            (ii) through a negotiated rulemaking under 
                        the Negotiated Rulemaking Act of 1990 (Public 
                        Law 101-648).
            (3) Visual form.--The visual form of the food climate label 
        shall--
                    (A) convey the information described in paragraph 
                (4) to the consumer in a manner that is determined by 
                the Administrator to be most useful to the consumer at 
                the point of sale in making food purchasing decisions;
                    (B) not convey that any given food is acceptable or 
                unacceptable, but instead provide to the consumer a 
                numerical quantification of the information described 
                in paragraph (4);
                    (C) employ words, numbers, and imagery, as 
                specified by the Administrator;
                    (D) convey that the information on the food climate 
                label has been verified under requirements established 
                by the Environmental Protection Agency;
                    (E) include a logo (or other identifier) to help 
                the consumer identify the food climate label; and
                    (F) include a quick response code (commonly known 
                as a ``QR code'') or similar mechanism that provides 
                electronic access to the consumer at the point of sale 
                to the information described in paragraph (4)(B).
            (4) Information to be included.--
                    (A) Label.--The food climate label shall include 
                two numerical summaries of the best available 
                information regarding the total greenhouse gas 
                emissions released throughout the lifecycle of the food 
                and its input materials as follows:
                            (i) The first numerical summary shall 
                        include the information on the greenhouse gas 
                        emissions released during--
                                    (I) the growing of ingredients;
                                    (II) the manufacture of the nonfood 
                                input materials;
                                    (III) processing;
                                    (IV) packaging; and
                                    (V) distribution.
                            (ii) The second numerical summary shall 
                        include the information on the greenhouse gas 
                        emissions released during--
                                    (I) storage;
                                    (II) presentation in a retail food 
                                establishment;
                                    (III) consumer use, including the 
                                energy used to store the food after 
                                purchase;
                                    (IV) end-of-life reuse, recycling, 
                                composting, treatment, and disposal of 
                                the food and its packaging; and
                                    (V) any other aspect of the 
                                lifecycle of the food and its input 
                                materials.
                    (B) Validation of summaries.--
                            (i) Validity of first numerical summary.--
                        The participant shall be responsible for the 
                        validity of the numerical summary required by 
                        subparagraph (A)(i).
                            (ii) Validity of second numerical 
                        summary.--The Administrator shall--
                                    (I) be responsible for the validity 
                                of the numerical summary required by 
                                subparagraph (A)(ii); and
                                    (II) develop such numerical summary 
                                in consultation with the participant 
                                referred to in clause (i) and the 
                                advisory committee established under 
                                paragraph (2)(B).
                    (C) QR code.--The QR code (or similar mechanism) 
                referred to in paragraph (3)(F) shall provide access to 
                the following information:
                            (i) If the food is subject to a voluntary 
                        commitment under subsection (d), an indication 
                        that such food is subject to such commitment 
                        and a summary of the information reported 
                        pursuant to such commitment under such 
                        subsection.
                            (ii) The database established under 
                        subsection (e).
            (5) Method of verification.--
                    (A) In general.--The Administrator shall specify 
                the method by which the information included on the 
                food climate label shall be verified. Such method shall 
                include--
                            (i) adhering to uniform standards for the 
                        collection and analysis of such information;
                            (ii) adhering to requirements for entities 
                        (certified by the Administrator for such 
                        purpose) to measure, monitor, verify, and 
                        report such information; and
                            (iii) using the best available scientific 
                        information.
                    (B) International standards.--In developing the 
                method under subparagraph (A), the Administrator shall 
                consider the established international standards for 
                carbon accounting for product lifecycle assessment, 
                including--
                            (i) the ISO 14040 and ISO 14044 standards 
                        of the International Organization for 
                        Standardization; and
                            (ii) protocols established under the 
                        Greenhouse Gas Protocol (commonly known as the 
                        ``GHG Protocol'') program of the World Business 
                        Council for Sustainable Development and the 
                        World Resources Institute, including--
                                    (I) the GHG Product Life Cycle 
                                Accounting and Reporting Standard; and
                                    (II) Publicly Available 
                                Specification 2050 (commonly known as 
                                ``PAS 2050'').
                    (C) Alignment with current best practices of food 
                industry.--The Administrator shall ensure that the 
                method under subparagraph (A) is informed by, and 
                generally aligned with, the current best practices of 
                the food industry for validating the information 
                included on the food climate label.
    (d) Voluntary Commitments.--Not later than 2 years after the date 
of enactment of this section, the Administrator shall establish a 
program under which a manufacturer, importer, distributor, or seller of 
a food bearing the food climate label may, on a voluntary basis--
            (1) make and report a voluntary commitment to reduce the 
        greenhouse gas emissions associated with such food; and
            (2) report sustainability information pertaining to the 
        food based on the best available scientific information.
    (e) Database.--Not later than 2 years after the date of enactment 
of this section, the Administrator shall establish and make publicly 
accessible a database under an open license to provide consumers with 
easy access to information pertaining to the labeling program, 
including--
            (1) explanations of the objectives and the methodologies of 
        the Administrator in developing the food climate label and in 
        specifying the visual form, information to be included, and 
        method for verification referred to in subsection (c)(1);
            (2) the information described in clauses (i) and (ii) of 
        subsection (c)(4)(B) with respect to each food in the labeling 
        program;
            (3) the voluntary commitments and sustainability 
        information reported under subsection (d); and
            (4) as the Administrator determines appropriate, any 
        sustainability information pertaining to food bearing the food 
        climate label, based on the best available scientific 
        information.
    (f) Reports.--Not later than 7 years after the date of enactment of 
this section, and every 5 years thereafter, the Administrator shall--
            (1) publish a report on the labeling program's 
        effectiveness in--
                    (A) providing consumers information that consumers 
                find useful; and
                    (B) reducing the greenhouse gas emissions 
                associated with food throughout the lifecycle of the 
                food and its input materials, as described in 
                subsection (c)(4)(A); and
            (2) submit to Congress a report containing any 
        recommendations for legislative action that would improve the 
        labeling program's effectiveness in achieving the objectives 
        described in subparagraphs (A) and (B) of paragraph (1).
    (g) Regulations.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this section, the Administrator shall finalize 
        regulations to carry out the labeling program.
            (2) Updates.--Not later than 7 years after the date of 
        enactment of this section, and every 5 years thereafter, the 
        Administrator shall update the regulations for carrying out the 
        labeling program to increase the labeling program's 
        effectiveness, as determined by the Administrator with regard 
        to the objectives described in subparagraphs (A) and (B) of 
        subsection (f)(1).
    (h) Technical Assistance.--
            (1) Establishment.--The Administrator shall establish a 
        technical assistance advisory board within the Environmental 
        Protection Agency to provide technical assistance to--
                    (A) entities participating in or seeking to 
                participate in the labeling program;
                    (B) entities certified or seeking to become 
                certified under subsection (c)(5)(A)(ii);
                    (C) entities making a voluntary commitment or 
                seeking to make such commitment under subsection (d); 
                and
                    (D) retail food establishments.
            (2) Composition.--The technical assistance advisory board 
        under paragraph (1) shall be comprised of subject matter 
        experts and academics, trade associations, consultants, leaders 
        of the Department of Agriculture, and representatives of 
        industry and appropriate organizations.
    (i) Consumer Outreach.--Not later than 3 years after the date of 
enactment of this section, the Administrator shall establish a program 
to inform consumers about the labeling program by--
            (1) providing retail food establishments educational 
        materials and other information to be conveyed to consumers 
        regarding the labeling program, which materials and information 
        shall display the logo (or other identifier) described in 
        subsection (c)(3)(E); and
            (2) reaching the public through a wide range of venues, 
        including public service announcements and advertising.
    (j) Penalties for Fraudulent Use of Label.--
            (1) In general.--Any person that violates a requirement of 
        this section shall be subject to a civil penalty of not more 
        than $10,000 for each such violation.
            (2) Separate violations.--Each separate violation of a 
        requirement of this section with respect to a given type of 
        food shall be a separate offense, except that in a case of a 
        violation through continuing failure to obey or neglect to obey 
        an order by the Administrator under this section, each day of 
        continuance of such failure or neglect shall be deemed a 
        separate offense.
            (3) Equitable relief.--In a civil action brought under this 
        section, the United States district courts are empowered to 
        grant mandatory injunctions and such other equitable relief as 
        such courts deem appropriate.
    (k) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Applicant.--The term ``applicant'' means a person 
        that--
                    (A) manufactures, imports, distributes, or sells 
                food; and
                    (B) has an application pending under subsection (b) 
                to participate in the labeling program.
            (3) Food industry stakeholders.--The term ``food industry 
        stakeholders'' means--
                    (A) entities that--
                            (i) grow, raise, process, prepare, 
                        manufacture, or otherwise add value to a food 
                        product;
                            (ii) store, package, repackage, transport, 
                        or distribute a food product for wholesale;
                            (iii) sell a food product directly to 
                        consumers;
                            (iv) provide a food-related service to 
                        entities that engage in any of the activities 
                        described in clauses (i) through (iii);
                            (v) measure, monitor, verify, and report 
                        the type of information to be included on the 
                        food climate label under subsection (c)(4);
                            (vi) represent consumers of food products; 
                        or
                            (vii) study and analyze the food industry; 
                        and
                    (B) other relevant stakeholders, as determined by 
                the Administrator.
            (4) Greenhouse gas.--The term ``greenhouse gas'' includes--
                    (A) carbon dioxide;
                    (B) methane;
                    (C) nitrous oxide;
                    (D) sulfur hexafluoride;
                    (E) any hydrofluorocarbon;
                    (F) any perfluorocarbon;
                    (G) nitrogen trifluoride;
                    (H) any fully fluorinated linear, branched, or 
                cyclic--
                            (i) alkane;
                            (ii) ether;
                            (iii) tertiary amine; or
                            (iv) aminoether;
                    (I) any perfluoropolyether;
                    (J) any hydrofluoropolyether; and
                    (K) any other fluorocarbon, except for a 
                fluorocarbon with a vapor pressure of less than 1 
                millimeter of mercury absolute at 25 degrees Celsius.
            (5) Greenhouse gas emission.--The term ``greenhouse gas 
        emission'' means the release of a greenhouse gas into the 
        ambient air.
            (6) Labeling program.--The term ``labeling program'' means 
        the voluntary food climate labeling program established under 
        this section.
            (7) Open license.--The term ``open license'' means any 
        legally binding instrument that grants permission to access, 
        reuse, and redistribute a work with few or no restrictions.
            (8) Participant.--The term ``participant'' means, with 
        respect to food, the person authorized pursuant to subsection 
        (b) to place the food climate label developed under subsection 
        (c) on the food or its labeling.
                                 <all>
```