II 

Calendar No. 400 

110TH CONGRESS 

1ST SESSION H. R. 2693 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 27, 2007 

Received and read the first time 

SEPTEMBER 28, 2007 

Read the second time and placed on the calendar 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Disease Prevention Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) An emergency exists concerning worker ex9 posure to diacetyl, a substance used in many 

10 flavorings, including artificial butter flavorings. 

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1 (2) There is compelling evidence that diacetyl 

2 presents a grave danger and significant risk of life3 threatening illness to exposed employees. Workers 

4 exposed to diacetyl have developed, among other con5 ditions, a debilitating lung disease known as 

6 bronchiolitis obliterans. 

7 (3) From 2000–2002 NIOSH identified cases 

8 of bronchiolitis obliterans in workers employed in 

9 microwave popcorn plants, and linked these illnesses 

10 to exposure to diacetyl used in butter flavoring. In 

11 December 2003, NIOSH issued an alert ‘‘Preventing 

12 Lung Disease in Workers Who Use or Make 

13 Flavorings,’’ recommending that employers imple14 ment measures to minimize worker exposure to diac15 etyl. 

16 (4) In August 2004 the Flavor and Extract 

17 Manufacturers Association of the United States 

18 issued a report, ‘‘Respiratory Health and Safety in 

19 the Flavor Manufacturing Workplace,’’ warning 

20 about potential serious respiratory illness in workers 

21 exposed to flavorings and recommending comprehen22 sive control measures for diacetyl and other ‘‘high 

23 priority’’ substances used in flavoring manufac24 turing. 

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1 (5) From 2004–2007 additional cases of 

2 bronchiolitis obliterans were identified among work3 ers in the flavoring manufacturing industry by the 

4 California Department of Health Services and Divi5 sion of Occupational Safety and Health (Cal/ 

6 OSHA), which through enforcement actions and an 

7 intervention program called for the flavoring manu8 facturing industry in California to reduce exposure 

9 to diacetyl. 

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

11 reported that flavor manufacturers and flavored-food 

12 producers are widely distributed in the United 

13 States and that bronchiolitis obliterans had been 

14 identified among microwave popcorn and flavoring15 manufacturing workers in a number of States. 

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

17 diacetyl and recommendations that exposures be 

18 controlled, and a formal petition by labor organiza19 tions and leading scientists for issuance of an emer20 gency temporary standard, the Occupational Safety 

21 and Health Administration (OSHA) has not acted to 

22 promulgate an occupational safety and health stand23 ard to protect workers from harmful exposure to di24 acetyl. 

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1 (8) An OSHA standard is urgently needed to 

2 protect workers exposed to diacetyl from 

3 bronchiolitis obliterans and other debilitating condi4 tions. 

5 SEC. 3. ISSUANCE OF STANDARD ON DIACETYL. 

6 (a) INTERIM STANDARD.— 

7 (1) RULEMAKING.—Notwithstanding any other 

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

9 date of enactment of this Act, the Secretary of 

10 Labor shall promulgate an interim final standard 

11 regulating worker exposure to diacetyl. The interim 

12 final standard shall apply— 

13 (A) to all locations in the flavoring manu14 facturing industry that manufacture, use, han15 dle, or process diacetyl; and 

16 (B) to all microwave popcorn production 

17 and packaging establishments that use diacetyl18 containing flavors in the manufacture of micro19 wave popcorn. 

20 (2) REQUIREMENTS.—The interim final stand21 ard required under subsection (a) shall provide no 

22 less protection than the recommendations contained 

23 in the NIOSH Alert ‘‘Preventing Lung Disease in 

24 Workers Who Use or Make Flavorings’’ (NIOSH 

25 Publication 2004–110) and include the following: 

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1 (A) Requirements for engineering, work 

2 practice controls, and respiratory protection to 

3 minimize exposure to diacetyl. Such engineering 

4 and work practice controls include closed proc5 esses, isolation, local exhaust ventilation, proper 

6 pouring techniques, and safe cleaning proce7 dures. 

8 (B) Requirements for a written exposure 

9 control plan that will indicate specific measures 

10 the employer will take to minimize employee ex11 posure; and requirements for evaluation of the 

12 exposure control plan to determine the effective13 ness of control measures at least on a biannual 

14 basis and whenever medical surveillance indi15 cates abnormal pulmonary function in employ16 ees exposed to diacetyl, or whenever necessary 

17 to reflect new or modified processes. 

18 (C) Requirements for airborne exposure 

19 assessments to determine levels of exposure and 

20 ensure adequacy of controls. 

21 (D) Requirements for medical surveillance 

22 for workers and referral for prompt medical 

23 evaluation. 

24 (E) Requirements for protective equipment 

25 and clothing for workers exposed to diacetyl. 

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1 (F) Requirements to provide written safety 

2 and health information and training to employ3 ees, including hazard communication informa4 tion, labeling, and training. 

5 (3) EFFECTIVE DATE OF INTERIM STAND6 ARD.—The interim final standard shall take effect 

7 upon issuance. The interim final standard shall have 

8 the legal effect of an occupational safety and health 

9 standard, and shall apply until a final standard be10 comes effective under section 6 of the Occupational 

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

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

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

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

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

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

17 diacetyl is still being processed or utilized in facilities sub18 ject to such Act. The final standard shall contain, at a 

19 minimum, the worker protection provisions in the interim 

20 final standard, a short term exposure limit, and a permis21 sible exposure limit that does not exceed the lowest fea22 sible level, and shall apply at a minimum to all facilities 

23 where diacetyl is processed or used. 

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1 SEC. 4. STUDY AND RECOMMENDED EXPOSURE LIMITS ON 

2 OTHER FLAVORINGS. 

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

4 Safety and Health shall conduct a study on food flavorings 

5 that may be used as substitutes for diacetyl and shall 

6 transmit a report of the findings of the study to the Occu7 pational Safety and Health Administration. 

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

9 construed as affecting the timing of the rulemaking out10 lined in section 2. 

Passed the House of Representatives September 26, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 

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Calendar No. 400 

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 workSEPTEMBER 28, 2007 

Read the second time and placed on the calendar 

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