110TH CONGRESS 

1ST SESSION H. R. 2693 

AN ACT 

To direct the Occupational Safety and Health Administration 

to issue a standard regulating worker exposure to diacetyl. 

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

2 This Act may be cited as the ‘‘Popcorn Workers Lung 

3 Disease Prevention Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) An emergency exists concerning worker ex7 posure to diacetyl, a substance used in many 

8 flavorings, including artificial butter flavorings. 

9 (2) There is compelling evidence that diacetyl 

10 presents a grave danger and significant risk of life11 threatening illness to exposed employees. Workers 

12 exposed to diacetyl have developed, among other con13 ditions, a debilitating lung disease known as 

14 bronchiolitis obliterans. 

15 (3) From 2000–2002 NIOSH identified cases 

16 of bronchiolitis obliterans in workers employed in 

17 microwave popcorn plants, and linked these illnesses 

18 to exposure to diacetyl used in butter flavoring. In 

19 December 2003, NIOSH issued an alert ‘‘Preventing 

20 Lung Disease in Workers Who Use or Make 

21 Flavorings,’’ recommending that employers imple22 ment measures to minimize worker exposure to diac23 etyl. 

24 (4) In August 2004 the Flavor and Extract 

25 Manufacturers Association of the United States 

26 issued a report, ‘‘Respiratory Health and Safety in 
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1 the Flavor Manufacturing Workplace,’’ warning 

2 about potential serious respiratory illness in workers 

3 exposed to flavorings and recommending comprehen4 sive control measures for diacetyl and other ‘‘high 

5 priority’’ substances used in flavoring manufac6 turing. 

7 (5) From 2004–2007 additional cases of 

8 bronchiolitis obliterans were identified among work9 ers in the flavoring manufacturing industry by the 

10 California Department of Health Services and Divi11 sion of Occupational Safety and Health (Cal/ 

12 OSHA), which through enforcement actions and an 

13 intervention program called for the flavoring manu14 facturing industry in California to reduce exposure 

15 to diacetyl. 

16 (6) In a report issued in April 2007, NIOSH 

17 reported that flavor manufacturers and flavored-food 

18 producers are widely distributed in the United 

19 States and that bronchiolitis obliterans had been 

20 identified among microwave popcorn and flavoring21 manufacturing workers in a number of States. 

22 (7) Despite NIOSH’s findings of the hazards of 

23 diacetyl and recommendations that exposures be 

24 controlled, and a formal petition by labor organiza25 tions and leading scientists for issuance of an emer-
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1 gency temporary standard, the Occupational Safety 

2 and Health Administration (OSHA) has not acted to 

3 promulgate an occupational safety and health stand4 ard to protect workers from harmful exposure to di5 acetyl. 

6 (8) An OSHA standard is urgently needed to 

7 protect workers exposed to diacetyl from 

8 bronchiolitis obliterans and other debilitating condi9 tions. 

10 SEC. 3. ISSUANCE OF STANDARD ON DIACETYL. 

11 (a) INTERIM STANDARD.— 

12 (1) RULEMAKING.—Notwithstanding any other 

13 provision of law, not later than 90 days after the 

14 date of enactment of this Act, the Secretary of 

15 Labor shall promulgate an interim final standard 

16 regulating worker exposure to diacetyl. The interim 

17 final standard shall apply— 

18 (A) to all locations in the flavoring manu19 facturing industry that manufacture, use, han20 dle, or process diacetyl; and 

21 (B) to all microwave popcorn production 

22 and packaging establishments that use diacetyl23 containing flavors in the manufacture of micro24 wave popcorn. 
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1 (2) REQUIREMENTS.—The interim final stand2 ard required under subsection (a) shall provide no 

3 less protection than the recommendations contained 

4 in the NIOSH Alert ‘‘Preventing Lung Disease in 

5 Workers Who Use or Make Flavorings’’ (NIOSH 

6 Publication 2004–110) and include the following: 

7 (A) Requirements for engineering, work 

8 practice controls, and respiratory protection to 

9 minimize exposure to diacetyl. Such engineering 

10 and work practice controls include closed proc11 esses, isolation, local exhaust ventilation, proper 

12 pouring techniques, and safe cleaning proce13 dures. 

14 (B) Requirements for a written exposure 

15 control plan that will indicate specific measures 

16 the employer will take to minimize employee ex17 posure; and requirements for evaluation of the 

18 exposure control plan to determine the effective19 ness of control measures at least on a biannual 

20 basis and whenever medical surveillance indi21 cates abnormal pulmonary function in employ22 ees exposed to diacetyl, or whenever necessary 

23 to reflect new or modified processes. 
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1 (C) Requirements for airborne exposure 

2 assessments to determine levels of exposure and 

3 ensure adequacy of controls. 

4 (D) Requirements for medical surveillance 

5 for workers and referral for prompt medical 

6 evaluation. 

7 (E) Requirements for protective equipment 

8 and clothing for workers exposed to diacetyl. 

9 (F) Requirements to provide written safety 

10 and health information and training to employ11 ees, including hazard communication informa12 tion, labeling, and training. 

13 (3) EFFECTIVE DATE OF INTERIM STAND14 ARD.—The interim final standard shall take effect 

15 upon issuance. The interim final standard shall have 

16 the legal effect of an occupational safety and health 

17 standard, and shall apply until a final standard be18 comes effective under section 6 of the Occupational 

19 Safety and Health Act (29 U.S.C. 655). 

20 (b) FINAL STANDARD.—Not later than 2 years after 

21 the date of enactment of this Act, the Secretary of Labor 

22 shall, pursuant to section 6 of the Occupational Safety and 

23 Health Act (29 U.S.C. 655), promulgate a final standard 

24 regulating worker exposure to diacetyl, if at such time, 

25 diacetyl is still being processed or utilized in facilities sub-
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1 ject to such Act. The final standard shall contain, at a 

2 minimum, the worker protection provisions in the interim 

3 final standard, a short term exposure limit, and a permis4 sible exposure limit that does not exceed the lowest fea5 sible level, and shall apply at a minimum to all facilities 

6 where diacetyl is processed or used. 

7 SEC. 4. STUDY AND RECOMMENDED EXPOSURE LIMITS ON 

8 OTHER FLAVORINGS. 

9 (a) STUDY.—The National Institute for Occupational 

10 Safety and Health shall conduct a study on food flavorings 

11 that may be used as substitutes for diacetyl and shall 

12 transmit a report of the findings of the study to the Occu13 pational Safety and Health Administration. 

14 (b) CONSTRUCTION.—Nothing in this section shall be 

15 construed as affecting the timing of the rulemaking out16 lined in section 2. 

Passed the House of Representatives September 26, 

2007. 

Attest: 

Clerk. 
110TH CONGRESS 

1ST SESSION H. R. 2693 

AN ACT 

To direct the Occupational Safety and Health Ader exposure to diacetyl. ministration to issue a standard regulating work-