I

104TH CONGRESS

1ST SESSION H. R. 1771

To amend the requirements of the Federal Food, Drug, and Cosmetic Act

for the labeling of food for pesticides, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 7, 1995

Mr. WAXMAN introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To amend the requirements of the Federal Food, Drug,

and Cosmetic Act for the labeling of food for pesticides,

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 AND REFERENCE.

4 (A) SHORT TITLE.—This Act may be cited as the

5 ‘‘Pesticide Safety and Right-to-Know Act of 1995 ’’.

6 (b) REFERENCE.—Whenever in this Act an amend7 ment or repeal is expressed in terms of an amendment

8 to, or repeal of, a section or other provision, the reference

9 shall be considered to be made to a section or other provi10 sion of the Federal Food, Drug, and Cosmetic Act.
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1 SEC. 2. RIGHT TO KNOW PROVISIONS.

2 (a) NEW LABEL REQUIREMENT.—Section 403(q)(1)

3 (21 U.S.C. 343(q)(1)) is amended—

4 (1) by striking the period at the end of clause

5 (E) and inserting ‘‘, and’’, and

6 (2) by adding at the end the following:

7 ‘‘(F) if pesticides containing known or probable

8 human carcinogens have been applied to the food,

9 the following notice: ‘‘Notice: Pesticides Containing

10 Known or Probable Human Carcinogens Have Been

11 Applied to This Food.’’.

12 (b) CONFORMING AMENDMENT.—Section 403(q)(4)

13 (21 U.S.C. 343(q)(4) is amended by inserting after

14 ‘‘1990’’ each place it appears the following: ‘‘or, in the

15 case of subparagraph (1)(F), the date of the enactment

16 of the Pesticide Safety and Right-to-Know Act of 1995’’.

17 (c) EFFECTIVE DATE.—The amendments made by

18 subsection (a) shall take effect upon the expiration of 18

19 months after the date of the enactment of this Act, except

20 that if a pesticide contains a substance that is designated

21 after such date as a known or probable human carcinogen,

22 such amendments shall, with respect to the label of food

23 to which such pesticide has been applied, take effect 12

24 months after such designation.
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1 SEC. 3. PROTECTION OF CHILDREN.

2 Section 408 (21 U.S.C. 346a) is amended by adding

3 at the end the following:

4 ‘‘(p)(1) After 12 months after the date of the enact5 ment of the Pesticide Safety and Right-to-Know Act of

6 1995, the Administrator shall, before prescribing a toler7 ance for a pesticide chemical under this section, determine

8 in writing whether dietary exposure to the pesticide chemi9 cal under the tolerance being prescribed for the pesticide

10 chemical is reasonably anticipated to cause cancer, dam11 age to the developing neurological, immune, or reproduc12 tive systems, or other serious adverse health effects in any

13 child. The Administrator may not prescribe a tolerance for

14 a pesticide chemical if the Administrator determines that

15 dietary exposure to the pesticide chemical under such tol16 erance is reasonably anticipated to cause such effects in

17 any child.

18 ‘‘(2) In making a determination under subparagraph

19 (1), the Administrator shall implement the recommenda20 tions of the National Research Council in its 1993 report

21 entitled ‘Pesticides in the Diet of Infants and Children’.’’.

22 SEC. 4. BREAST CANCER AND REPRODUCTIVE DISORDER

23 PREVENTION.

24 Section 408 (21 U.S.C. 346a), as amended by section

25 3, is amended by adding at the end the following:
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1 ‘‘(q) After 12 months after the date of the enactment

2 of the Pesticide Safety and Right-to-Know Act of 1995,

3 the Administrator shall, before prescribing a tolerance for

4 a pesticide chemical under this section, determine in writ5 ing whether dietary exposure to the pesticide chemical

6 under the tolerance being prescribed for the pesticide

7 chemical is reasonably anticipated to cause breast cancer

8 or serious reproductive disorders in any person. The Ad9 ministrator may not prescribe a tolerance for a pesticide

10 chemical if the Administrator determines that dietary ex11 posure to the pesticide chemical under such tolerance is

12 reasonably anticipated to cause such effects in any

13 person.’’.

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