I 

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. 

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 ‘‘Voluntary Food Cli5 mate Labeling Act’’. 

6 SEC. 2. VOLUNTARY FOOD CLIMATE LABELING PROGRAM. 

7 (a) IN GENERAL.— 

8 (1) ESTABLISHMENT.—The Administrator of 

9 the Environmental Protection Agency shall carry out 

10 a voluntary food climate labeling program. 


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1 (2) CONSULTATION.—The Administrator shall 

2 establish and operate the labeling program in con3 sultation with the Secretary of Agriculture and the 

4 Federal Trade Commission. 

5 (b) ADMINISTRATION OF PROGRAM.— 

6 (1) PROHIBITION.—A person manufacturing, 

7 importing, distributing, or selling food may not place 

8 the food climate label developed under subsection (c) 

9 on the food or its labeling unless the Administrator 

10 has authorized such person to do so under para11 graph (3). 

12 (2) APPLICATIONS.—An applicant shall submit 

13 to the Administrator an application at such time, in 

14 such manner, and containing such information as 

15 the Administrator may require. 

16 (3) REVIEW OF APPLICATIONS.—The Adminis17 trator shall review all applications submitted under 

18 paragraph (2) and approve any such application— 

19 (A) on the basis of whether the applicant 

20 provides assurances satisfactory to the Adminis21 trator that the applicant will adhere to the re22 quirements of the labeling program; and 

23 (B) not on the basis of an assessment of 

24 the benefits to the environment associated with 

25 the food. 


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1 (4) PLACEMENT OF LABEL.—If the Adminis2 trator approves an application under this subsection 

3 with respect to a food, the Administrator may speci4 fy where on the food or its labeling the food climate 

5 label shall be placed. 

6 (c) DEVELOPMENT OF FOOD CLIMATE LABEL.— 

7 (1) IN GENERAL.—The Administrator shall 

8 specify— 

9 (A) the visual form of the food climate 

10 label, as described in paragraph (3); 

11 (B) the information to be included on the 

12 food climate label, as described in paragraph 

13 (4); and 

14 (C) the method by which the information 

15 to be included on the food climate label shall be 

16 verified, as described in paragraph (5). 

17 (2) CONSULTATION.—In specifying the visual 

18 form, information to be included, and method for 

19 verification referred to in paragraph (1), the Admin20 istrator— 

21 (A) shall consult with food industry stake22 holders; and 

23 (B) may perform such consultation— 

24 (i) by establishing a Federal advisory 

25 committee under chapter 10 of title 5, 


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1 United States Code (commonly referred to 

2 as the ‘‘Federal Advisory Committee 

3 Act’’); or 

4 (ii) through a negotiated rulemaking 

5 under the Negotiated Rulemaking Act of 

6 1990 (Public Law 101–648). 

7 (3) VISUAL FORM.—The visual form of the food 

8 climate label shall— 

9 (A) convey the information described in 

10 paragraph (4) to the consumer in a manner 

11 that is determined by the Administrator to be 

12 most useful to the consumer at the point of sale 

13 in making food purchasing decisions; 

14 (B) not convey that any given food is ac15 ceptable or unacceptable, but instead provide to 

16 the consumer a numerical quantification of the 

17 information described in paragraph (4); 

18 (C) employ words, numbers, and imagery, 

19 as specified by the Administrator; 

20 (D) convey that the information on the 

21 food climate label has been verified under re22 quirements established by the Environmental 

23 Protection Agency; 


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1 (E) include a logo (or other identifier) to 

2 help the consumer identify the food climate 

3 label; and 

4 (F) include a quick response code (com5 monly known as a ‘‘QR code’’) or similar mech6 anism that provides electronic access to the con7 sumer at the point of sale to the information 

8 described in paragraph (4)(B). 

9 (4) INFORMATION TO BE INCLUDED.— 

10 (A) LABEL.—The food climate label shall 

11 include two numerical summaries of the best 

12 available information regarding the total green13 house gas emissions released throughout the 

14 lifecycle of the food and its input materials as 

15 follows: 

16 (i) The first numerical summary shall 

17 include the information on the greenhouse 

18 gas emissions released during— 

19 (I) the growing of ingredients; 

20 (II) the manufacture of the 

21 nonfood input materials; 

22 (III) processing; 

23 (IV) packaging; and 

24 (V) distribution. 


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1 (ii) The second numerical summary 

2 shall include the information on the green3 house gas emissions released during— 

4 (I) storage; 

5 (II) presentation in a retail food 

6 establishment; 

7 (III) consumer use, including the 

8 energy used to store the food after 

9 purchase; 

10 (IV) end-of-life reuse, recycling, 

11 composting, treatment, and disposal 

12 of the food and its packaging; and 

13 (V) any other aspect of the 

14 lifecycle of the food and its input ma15 terials. 

16 (B) VALIDATION OF SUMMARIES.— 

17 (i) VALIDITY OF FIRST NUMERICAL

18 SUMMARY.—The participant shall be re19 sponsible for the validity of the numerical 

20 summary required by subparagraph (A)(i). 

21 (ii) VALIDITY OF SECOND NUMERICAL

22 SUMMARY.—The Administrator shall— 

23 (I) be responsible for the validity 

24 of the numerical summary required by 

25 subparagraph (A)(ii); and 


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1 (II) develop such numerical sum2 mary in consultation with the partici3 pant referred to in clause (i) and the 

4 advisory committee established under 

5 paragraph (2)(B). 

6 (C) QR CODE.—The QR code (or similar 

7 mechanism) referred to in paragraph (3)(F) 

8 shall provide access to the following informa9 tion: 

10 (i) If the food is subject to a vol11 untary commitment under subsection (d), 

12 an indication that such food is subject to 

13 such commitment and a summary of the 

14 information reported pursuant to such 

15 commitment under such subsection. 

16 (ii) The database established under 

17 subsection (e). 

18 (5) METHOD OF VERIFICATION.— 

19 (A) IN GENERAL.—The Administrator 

20 shall specify the method by which the informa21 tion included on the food climate label shall be 

22 verified. Such method shall include— 

23 (i) adhering to uniform standards for 

24 the collection and analysis of such informa25 tion; 


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1 (ii) adhering to requirements for enti2 ties (certified by the Administrator for 

3 such purpose) to measure, monitor, verify, 

4 and report such information; and 

5 (iii) using the best available scientific 

6 information. 

7 (B) INTERNATIONAL STANDARDS.—In de8 veloping the method under subparagraph (A), 

9 the Administrator shall consider the established 

10 international standards for carbon accounting 

11 for product lifecycle assessment, including— 

12 (i) the ISO 14040 and ISO 14044 

13 standards of the International Organiza14 tion for Standardization; and 

15 (ii) protocols established under the 

16 Greenhouse Gas Protocol (commonly 

17 known as the ‘‘GHG Protocol’’) program 

18 of the World Business Council for Sustain19 able Development and the World Resources 

20 Institute, including— 

21 (I) the GHG Product Life Cycle 

22 Accounting and Reporting Standard; 

23 and 


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1 (II) Publicly Available Specifica2 tion 2050 (commonly known as ‘‘PAS 

3 2050’’). 

4 (C) ALIGNMENT WITH CURRENT BEST

5 PRACTICES OF FOOD INDUSTRY.—The Adminis6 trator shall ensure that the method under sub7 paragraph (A) is informed by, and generally 

8 aligned with, the current best practices of the 

9 food industry for validating the information in10 cluded on the food climate label. 

11 (d) VOLUNTARY COMMITMENTS.—Not later than 2 

12 years after the date of enactment of this section, the Ad13 ministrator shall establish a program under which a man14 ufacturer, importer, distributor, or seller of a food bearing 

15 the food climate label may, on a voluntary basis— 

16 (1) make and report a voluntary commitment to 

17 reduce the greenhouse gas emissions associated with 

18 such food; and 

19 (2) report sustainability information pertaining 

20 to the food based on the best available scientific in21 formation. 

22 (e) DATABASE.—Not later than 2 years after the date 

23 of enactment of this section, the Administrator shall estab24 lish and make publicly accessible a database under an 


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1 open license to provide consumers with easy access to in2 formation pertaining to the labeling program, including— 

3 (1) explanations of the objectives and the meth4 odologies of the Administrator in developing the food 

5 climate label and in specifying the visual form, infor6 mation to be included, and method for verification 

7 referred to in subsection (c)(1); 

8 (2) the information described in clauses (i) and 

9 (ii) of subsection (c)(4)(B) with respect to each food 

10 in the labeling program; 

11 (3) the voluntary commitments and sustain12 ability information reported under subsection (d); 

13 and 

14 (4) as the Administrator determines appro15 priate, any sustainability information pertaining to 

16 food bearing the food climate label, based on the 

17 best available scientific information. 

18 (f) REPORTS.—Not later than 7 years after the date 

19 of enactment of this section, and every 5 years thereafter, 

20 the Administrator shall— 

21 (1) publish a report on the labeling program’s 

22 effectiveness in— 

23 (A) providing consumers information that 

24 consumers find useful; and 


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1 (B) reducing the greenhouse gas emissions 

2 associated with food throughout the lifecycle of 

3 the food and its input materials, as described in 

4 subsection (c)(4)(A); and 

5 (2) submit to Congress a report containing any 

6 recommendations for legislative action that would 

7 improve the labeling program’s effectiveness in 

8 achieving the objectives described in subparagraphs 

9 (A) and (B) of paragraph (1). 

10 (g) REGULATIONS.— 

11 (1) IN GENERAL.—Not later than 2 years after 

12 the date of enactment of this section, the Adminis13 trator shall finalize regulations to carry out the la14 beling program. 

15 (2) UPDATES.—Not later than 7 years after the 

16 date of enactment of this section, and every 5 years 

17 thereafter, the Administrator shall update the regu18 lations for carrying out the labeling program to in19 crease the labeling program’s effectiveness, as deter20 mined by the Administrator with regard to the ob21 jectives described in subparagraphs (A) and (B) of 

22 subsection (f)(1). 

23 (h) TECHNICAL ASSISTANCE.— 

24 (1) ESTABLISHMENT.—The Administrator shall 

25 establish a technical assistance advisory board withVerDate Sep 11 2014 16:22 Oct 08, 2024 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H9808.IH H9808

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1 in the Environmental Protection Agency to provide 

2 technical assistance to— 

3 (A) entities participating in or seeking to 

4 participate in the labeling program; 

5 (B) entities certified or seeking to become 

6 certified under subsection (c)(5)(A)(ii); 

7 (C) entities making a voluntary commit8 ment or seeking to make such commitment 

9 under subsection (d); and 

10 (D) retail food establishments. 

11 (2) COMPOSITION.—The technical assistance 

12 advisory board under paragraph (1) shall be com13 prised of subject matter experts and academics, 

14 trade associations, consultants, leaders of the De15 partment of Agriculture, and representatives of in16 dustry and appropriate organizations. 

17 (i) CONSUMER OUTREACH.—Not later than 3 years 

18 after the date of enactment of this section, the Adminis19 trator shall establish a program to inform consumers 

20 about the labeling program by— 

21 (1) providing retail food establishments edu22 cational materials and other information to be con23 veyed to consumers regarding the labeling program, 

24 which materials and information shall display the 


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1 logo (or other identifier) described in subsection 

2 (c)(3)(E); and 

3 (2) reaching the public through a wide range of 

4 venues, including public service announcements and 

5 advertising. 

6 (j) PENALTIES FOR FRAUDULENT USE OF LABEL.— 

7 (1) IN GENERAL.—Any person that violates a 

8 requirement of this section shall be subject to a civil 

9 penalty of not more than $10,000 for each such vio10 lation. 

11 (2) SEPARATE VIOLATIONS.—Each separate 

12 violation of a requirement of this section with re13 spect to a given type of food shall be a separate of14 fense, except that in a case of a violation through 

15 continuing failure to obey or neglect to obey an 

16 order by the Administrator under this section, each 

17 day of continuance of such failure or neglect shall be 

18 deemed a separate offense. 

19 (3) EQUITABLE RELIEF.—In a civil action 

20 brought under this section, the United States dis21 trict courts are empowered to grant mandatory in22 junctions and such other equitable relief as such 

23 courts deem appropriate. 

24 (k) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) APPLICANT.—The term ‘‘applicant’’ means 

5 a person that— 

6 (A) manufactures, imports, distributes, or 

7 sells food; and 

8 (B) has an application pending under sub9 section (b) to participate in the labeling pro10 gram. 

11 (3) FOOD INDUSTRY STAKEHOLDERS.—The 

12 term ‘‘food industry stakeholders’’ means— 

13 (A) entities that— 

14 (i) grow, raise, process, prepare, man15 ufacture, or otherwise add value to a food 

16 product; 

17 (ii) store, package, repackage, trans18 port, or distribute a food product for 

19 wholesale; 

20 (iii) sell a food product directly to 

21 consumers; 

22 (iv) provide a food-related service to 

23 entities that engage in any of the activities 

24 described in clauses (i) through (iii); 


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1 (v) measure, monitor, verify, and re2 port the type of information to be included 

3 on the food climate label under subsection 

4 (c)(4); 

5 (vi) represent consumers of food prod6 ucts; or 

7 (vii) study and analyze the food indus8 try; and 

9 (B) other relevant stakeholders, as deter10 mined by the Administrator. 

11 (4) GREENHOUSE GAS.—The term ‘‘greenhouse 

12 gas’’ includes— 

13 (A) carbon dioxide; 

14 (B) methane; 

15 (C) nitrous oxide; 

16 (D) sulfur hexafluoride; 

17 (E) any hydrofluorocarbon; 

18 (F) any perfluorocarbon; 

19 (G) nitrogen trifluoride; 

20 (H) any fully fluorinated linear, branched, 

21 or cyclic— 

22 (i) alkane; 

23 (ii) ether; 

24 (iii) tertiary amine; or 

25 (iv) aminoether; 


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1 (I) any perfluoropolyether; 

2 (J) any hydrofluoropolyether; and 

3 (K) any other fluorocarbon, except for a 

4 fluorocarbon with a vapor pressure of less than 

5 1 millimeter of mercury absolute at 25 degrees 

6 Celsius. 

7 (5) GREENHOUSE GAS EMISSION.—The term 

8 ‘‘greenhouse gas emission’’ means the release of a 

9 greenhouse gas into the ambient air. 

10 (6) LABELING PROGRAM.—The term ‘‘labeling 

11 program’’ means the voluntary food climate labeling 

12 program established under this section. 

13 (7) OPEN LICENSE.—The term ‘‘open license’’ 

14 means any legally binding instrument that grants 

15 permission to access, reuse, and redistribute a work 

16 with few or no restrictions. 

17 (8) PARTICIPANT.—The term ‘‘participant’’ 

18 means, with respect to food, the person authorized 

19 pursuant to subsection (b) to place the food climate 

20 label developed under subsection (c) on the food or 

21 its labeling. 

Æ 


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