I 

111TH CONGRESS 

1ST SESSION H. R. 185 

To amend the Food, Drug, and Cosmetic Act and the egg, meat, and poultry 

inspection laws to ensure that consumers receive notification regarding 

food products produced from crops, livestock, or poultry raised on land 

on which sewage sludge was applied. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. SERRANO introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Agriculture, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Food, Drug, and Cosmetic Act and the egg, 

meat, and poultry inspection laws to ensure that consumers receive notification regarding food products produced from crops, livestock, or poultry raised on land 

on which sewage sludge was applied. 

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 ‘‘Sewage Sludge in Food 

5 Production Consumer Notification Act’’. 


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1 SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PROD2 UCTS PRODUCED ON LAND ON WHICH SEW3 AGE SLUDGE HAS BEEN APPLIED. 

4 (a) ADULTERATED FOOD UNDER FEDERAL FOOD, 

5 DRUG, AND COSMETIC ACT.—Section 402 of the Federal 

6 Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amend7 ed by adding at the end the following: 

8 ‘‘(j)(1) Effective one year after the date of the enact9 ment of the Sewage Sludge in Food Production Consumer 

10 Notification Act, if it is a food (intended for human con11 sumption and offered for sale) that was produced, or con12 tains any ingredient that was produced, on land on which 

13 sewage sludge was applied, unless— 

14 ‘‘(A) the application of sewage sludge to the 

15 land terminated more than one year before the date 

16 on which the production of the food or ingredient on 

17 the land commenced; 

18 ‘‘(B) the food bears a label that clearly indi19 cates that the food, or an ingredient of the food, was 

20 produced on land on which sewage sludge was ap21 plied; or 

22 ‘‘(C) in the case of a raw agricultural com23 modity or other food generally offered for sale with24 out labeling, a sign is posted within close proximity 

25 of the food to notify consumers that the food, or an 


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1 ingredient of the food, was produced on land on 

2 which sewage sludge was applied.’’. 

3 (b) ADULTERATED FOOD UNDER EGG PRODUCTS

4 INSPECTION ACT.—Section 4(a) of the Egg Products In5 spection Act (21 U.S.C. 1033(a)) is amended— 

6 (1) by striking ‘‘or’’ at the end of paragraph 

7 (7); 

8 (2) by striking the period at the end of para9 graph (8) and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(9) effective one year after the date of the en12 actment of the Sewage Sludge in Food Production 

13 Consumer Notification Act, if it is derived from 

14 poultry that were raised, or that consumed animal 

15 feed produced, on land on which sewage sludge was 

16 applied, unless— 

17 ‘‘(A) the application of sewage sludge to 

18 the land terminated more than one year before 

19 the date on which the poultry began to be 

20 raised on the land or the date on which the pro21 duction of the animal feed on the land com22 menced; or 

23 ‘‘(B) the container bears a label that clear24 ly indicates that the egg or egg product was de25 rived from poultry that— 


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1 ‘‘(i) were raised on land on which sew2 age sludge was applied; or 

3 ‘‘(ii) consumed animal feed produced 

4 on land on which sewage sludge was ap5 plied.’’. 

6 (c) ADULTERATED FOOD UNDER FEDERAL MEAT

7 INSPECTION ACT.—Section 1(m) of the Federal Meat In8 spection Act (21 U.S.C. 601(m)) is amended— 

9 (1) by striking ‘‘or’’ at the end of paragraph 

10 (8); 

11 (2) by striking the period at the end of para12 graph (9) and inserting ‘‘; or’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(10) effective one year after the date of the 

15 enactment of the Sewage Sludge in Food Production 

16 Consumer Notification Act, if it is derived from live17 stock that grazed, or consumed animal feed pro18 duced, on land on which sewage sludge was applied, 

19 unless— 

20 ‘‘(A) the application of sewage sludge to 

21 the land terminated more than one year before 

22 the date on which the livestock began grazing 

23 on the land or the date on which the production 

24 of the animal feed on the land commenced; 


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1 ‘‘(B) the carcass, part thereof, meat or 

2 meat food product bears a label that clearly in3 dicates that the livestock— 

4 ‘‘(i) grazed on land on which sewage 

5 sludge was applied; or 

6 ‘‘(ii) consumed animal feed produced 

7 on land on which sewage sludge was ap8 plied; or 

9 ‘‘(C) in the case of a carcass, part thereof, 

10 meat or meat food product generally offered for 

11 sale without labeling, a sign is posted within 

12 close proximity of the item to notify consumers 

13 that the livestock— 

14 ‘‘(i) grazed on land on which sewage 

15 sludge was applied; or 

16 ‘‘(ii) consumed animal feed produced 

17 on land on which sewage sludge was ap18 plied.’’. 

19 (d) ADULTERATED FOOD UNDER POULTRY PROD20 UCTS INSPECTION ACT.—Section 4(g) of the Poultry 

21 Products Inspection Act (21 U.S.C. 453(g)) is amended— 

22 (1) by striking ‘‘or’’ at the end of paragraph 

23 (7); 

24 (2) by striking the period at the end of para25 graph (8) and inserting ‘‘; or’’; and 


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1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(9) effective one year after the date of the en4 actment of the Sewage Sludge in Food Production 

5 Consumer Notification Act, if it is derived from 

6 poultry that were raised, or that consumed animal 

7 feed produced, on land on which sewage sludge was 

8 applied, unless— 

9 ‘‘(A) the application of sewage sludge to 

10 the land terminated more than one year before 

11 the date on which the poultry began to be 

12 raised on the land or the date on which the pro13 duction of the animal feed on the land com14 menced; 

15 ‘‘(B) the poultry product bears a label that 

16 clearly indicates that the poultry contained in 

17 the product— 

18 ‘‘(i) were raised on land on which sew19 age sludge was applied; or 

20 ‘‘(ii) consumed animal feed produced 

21 on land on which sewage sludge was ap22 plied; or 

23 ‘‘(C) in the case of a poultry product gen24 erally offered for sale without labeling, a sign is 

25 posted within close proximity of the item to noVerDate Nov 24 2008 23:48 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H185.IH H185

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1 tify consumers that the poultry contained in the 

2 product— 

3 ‘‘(i) were raised on land on which sew4 age sludge was applied; or 

5 ‘‘(ii) consumed animal feed produced 

6 on land on which sewage sludge was ap7 plied.’’. 

8 (e) RELATION TO NATIONAL ORGANIC PROGRAM.— 

9 Nothing in this section or the amendments made by this 

10 section shall be construed to modify the prohibition con11 tained in part 205 of title 7, Code of Federal Regulations, 

12 on the use of sewage sludge, including ash, grit, or 

13 screenings from the production of sewage sludge, in or14 ganic food production under the National Organic Pro15 gram of the Department of Agriculture. 

Æ 


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