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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4535 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 4535

 To establish limitations on the quantity of inorganic arsenic in rice 
   and rice products under chapter IV of the Federal Food, Drug, and 
                             Cosmetic Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2017

Ms. DeLauro (for herself, Ms. Slaughter, and Mr. Gutierrez) 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 establish limitations on the quantity of inorganic arsenic in rice 
   and rice products under chapter IV of the Federal Food, Drug, and 
                             Cosmetic Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing food-based Inorganic 
Compounds Exposure Act of 2017'' or the ``RICE Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) According to the World Health Organization, arsenic is 
        a natural component of the Earth's crust and is widely and 
        variably distributed throughout the environment in the air, 
        water, and land. It is also used commercially in herbicides and 
        poultry feed.
            (2) Arsenic is most toxic in its inorganic form.
            (3) Inorganic arsenic is a known carcinogen and long-term 
        oral exposure to high levels of inorganic arsenic is associated 
        with developmental defects, cardiovascular disease, 
        neurotoxicity, and diabetes, according to the World Health 
        Organization.
            (4) According to the European Food Safety Authority, the 
        estimated exposure of young children to inorganic arsenic is 2 
        to 3 times the exposure of adults to inorganic arsenic.
            (5) According to the European Food Safety Authority, diet 
        is the main source of arsenic exposure for most individuals.
            (6) According to the Food and Drug Administration, due to 
        absorption from the soil and water, arsenic is present in many 
        foods, including grains, fruits, and vegetables.
            (7) Rice takes up inorganic arsenic from soil and water 
        more readily than other grains, according to the Food and Drug 
        Administration.
            (8) Rice is a staple food in the diet of many individuals 
        in the United States and is often one of the first foods fed to 
        infants. According to the Food and Drug Administration, 
        inorganic arsenic has been detected in an infant's first foods, 
        such as infant rice cereal and brown rice syrup used in an 
        increasing number of products including toddler formula and 
        snack bars. Inorganic arsenic is also found in other rice 
        products including children's breakfast cereals and rice 
        itself. Rice may continue to be a large part of the diet of 
        children who have swallowing difficulties and gastrointestinal 
        reflux, according to the American Academy of Pediatrics.
            (9) The Food and Drug Administration's analysis of 
        approximately 1,300 samples found that the average levels of 
        inorganic arsenic for various rice and rice products are 0.1 to 
        7.2 micrograms per serving.
            (10) The Environmental Protection Agency limits 
        concentrations of arsenic in all forms in drinking water to 10 
        parts per billion. The Food and Drug Administration has 
        established a limit of 10 parts per billion in bottled water, 
        and has also proposed a limit of 10 parts per billion in apple 
        juice. However, there are no Federal limits for arsenic in most 
        foods, including rice for adults and children or baby foods.

SEC. 3. ESTABLISHMENT OF LIMITATION ON INORGANIC ARSENIC IN RICE AND 
              RICE PRODUCTS.

    (a) Regulation Required.--For the purpose of protecting the public 
health, not later than the day that is 2 years after the date of the 
enactment of this Act, the Secretary of Health and Human Services, 
acting through the Commissioner of Food and Drugs and acting under the 
Secretary's authority under chapter IV of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 341 et seq.), shall promulgate a final 
regulation establishing the minimum quantity of inorganic arsenic 
contained in rice or a rice product which shall cause the rice or rice 
product, respectively, to be deemed to be adulterated under section 402 
of such Act (21 U.S.C. 343).
    (b) Scope of Regulation.--The minimum quantity established under 
subsection (a) shall apply to rice and rice products containing 
inorganic arsenic regardless of whether the arsenic is present as a 
result of a natural process, an ingredient added to a food, the use of 
a pesticide, or other means.
    (c) Regulation Includes Tolerances.--The regulation under 
subsection (a) shall include the establishment of a tolerance under 
section 406 and section 408 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 346; 346a).
    (d) Minimum Stringency.--The standard established under subsection 
(a) (and any subsequent revision thereto) for inorganic arsenic 
contained in rice or a rice product shall--
            (1) be based on the maximum achievable reduction in health 
        risks to individuals, taking into account the cancer effects, 
        neurodevelopmental effects, and other health effects of arsenic 
        exposure;
            (2) be protective of the long-term health of children, 
        taking into account--
                    (A) the differing eating patterns of children;
                    (B) the rate of brain development in children;
                    (C) any differences in the metabolization of 
                arsenic in children, as compared to adults; and
                    (D) the fact that children have a longer expected 
                life span than adults; and
            (3) include separate standards for rice milk and other 
        frequently consumed rice-based foods, especially rice-based 
        foods frequently consumed by infants and children.
    (e) Definitions.--For purposes of this Act:
            (1) Food.--The term ``food'' has the meaning given such 
        term in section 201(f) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 321(f)).
            (2) Inorganic arsenic.--The term ``inorganic arsenic'' 
        means inorganic arsenic and its metabolites.
            (3) Rice.--The term ``rice'' means a food that is rice.
            (4) Rice product.--The term ``rice product'' means a food 
        that contains an ingredient made from rice.

SEC. 4. REPORT ON INORGANIC ARSENIC IN RICE.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit a report to the Congress on inorganic arsenic in rice 
grown in the United States.
    (b) Contents.--The report under subsection (a) shall include--
            (1) an analysis of--
                    (A) the agronomy and production management 
                practices that will reduce inorganic arsenic in rice;
                    (B) the germplasm analysis and breeding that may 
                reduce inorganic arsenic in rice;
                    (C) the analytical technology improvements needed 
                to address the issue of inorganic arsenic in rice; and
                    (D) the current efforts of Federal agencies to 
                reduce inorganic arsenic in the food supply;
            (2) recommendations for actions by the Federal Government 
        in order to reduce the presence of inorganic arsenic in rice 
        grown in the United States; and
            (3) recommendations for additional research on inorganic 
        arsenic in rice, including the estimated cost for such 
        research.
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