I 

115TH CONGRESS 

1ST SESSION H. R. 2064 

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 

APRIL 6, 2017 

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 

15 the land terminated more than one year before 

16 the date on which the production of the food or 

17 ingredient on the land commenced; 

18 ‘‘(B) the food bears a label that clearly in19 dicates that the food, or an ingredient of the 

20 food, was produced on land on which sewage 

21 sludge was applied; or 

22 ‘‘(C) in the case of a raw agricultural com23 modity or other food generally offered for sale 

24 without labeling, a sign is posted within close 

25 proximity of the food to notify consumers that 

26 the food, or an ingredient of the food, was proVerDate Sep 11 2014 04:26 Apr 14, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2064.IH H2064

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1 duced on land on which sewage sludge was ap2 plied. 

3 ‘‘(2) In this paragraph, the term ‘sewage sludge’ has 

4 the meaning given to such term in section 503.9(w) of title 

5 40, Code of Federal Regulations (or any successor regula6 tions).’’. 

7 (b) ADULTERATED FOOD UNDER EGG PRODUCTS

8 INSPECTION ACT.—Section 4 of the Egg Products Inspec9 tion Act (21 U.S.C. 1033) is amended— 

10 (1) in paragraph (a)— 

11 (A) by striking ‘‘or’’ at the end of subpara12 graph (7); 

13 (B) by striking the period at the end of 

14 subparagraph (8) and inserting ‘‘; or’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(9) effective one year after the date of the en17 actment of the Sewage Sludge in Food Production 

18 Consumer Notification Act, if it is derived from 

19 poultry that were raised, or that consumed animal 

20 feed produced, on land on which sewage sludge was 

21 applied, unless— 

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

23 the land terminated more than one year before 

24 the date on which the poultry began to be 

25 raised on the land or the date on which the proVerDate Sep 11 2014 04:26 Apr 14, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2064.IH H2064

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1 duction of the animal feed on the land com2 menced; or 

3 ‘‘(B) the container bears a label that clear4 ly indicates that the egg or egg product was de5 rived from poultry that— 

6 ‘‘(i) were raised on land on which sew7 age sludge was applied; or 

8 ‘‘(ii) consumed animal feed produced 

9 on land on which sewage sludge was ap10 plied.’’; and 

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

12 ‘‘(aa) The term ‘sewage sludge’ has the meaning 

13 given to such term in section 402(j)(2) of the Federal 

14 Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).’’. 

15 (c) ADULTERATED FOOD UNDER FEDERAL MEAT

16 INSPECTION ACT.—Section 1 of the Federal Meat Inspec17 tion Act (21 U.S.C. 601) is amended— 

18 (1) in paragraph (m)— 

19 (A) by striking ‘‘or’’ at the end of subpara20 graph (8); 

21 (B) by striking the period at the end of 

22 subparagraph (9) and inserting ‘‘; or’’; and 

23 (C) by adding at the end the following: 

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

25 enactment of the Sewage Sludge in Food Production 


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1 Consumer Notification Act, if it is derived from live2 stock that grazed, or consumed animal feed pro3 duced, on land on which sewage sludge was applied, 

4 unless— 

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

6 the land terminated more than one year before 

7 the date on which the livestock began grazing 

8 on the land or the date on which the production 

9 of the animal feed on the land commenced; 

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

11 meat food product bears a label that clearly in12 dicates that the livestock— 

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

14 sludge was applied; or 

15 ‘‘(ii) consumed animal feed produced 

16 on land on which sewage sludge was ap17 plied; or 

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

19 meat or meat food product generally offered for 

20 sale without labeling, a sign is posted within 

21 close proximity of the item to notify consumers 

22 that the livestock— 

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

24 sludge was applied; or 


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1 ‘‘(ii) consumed animal feed produced 

2 on land on which sewage sludge was ap3 plied.’’; and 

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

5 ‘‘(x) The term ‘sewage sludge’ has the meaning given 

6 to such term in section 402(j)(2) of the Federal Food, 

7 Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).’’. 

8 (d) ADULTERATED FOOD UNDER POULTRY PROD9 UCTS INSPECTION ACT.—Section 4 of the Poultry Prod10 ucts Inspection Act (21 U.S.C. 453) is amended— 

11 (1) in paragraph (g)— 

12 (A) by striking ‘‘or’’ at the end of subpara13 graph (7); 

14 (B) by striking the period at the end of 

15 subparagraph (8) and inserting ‘‘; or’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(9) effective one year after the date of the en18 actment of the Sewage Sludge in Food Production 

19 Consumer Notification Act, if it is derived from 

20 poultry that were raised, or that consumed animal 

21 feed produced, on land on which sewage sludge was 

22 applied, unless— 

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

24 the land terminated more than one year before 

25 the date on which the poultry began to be 


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1 raised on the land or the date on which the pro2 duction of the animal feed on the land com3 menced; 

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

5 clearly indicates that the poultry contained in 

6 the product— 

7 ‘‘(i) were raised on land on which sew8 age sludge was applied; or 

9 ‘‘(ii) consumed animal feed produced 

10 on land on which sewage sludge was ap11 plied; or 

12 ‘‘(C) in the case of a poultry product gen13 erally offered for sale without labeling, a sign is 

14 posted within close proximity of the item to no15 tify consumers that the poultry contained in the 

16 product— 

17 ‘‘(i) were raised on land on which sew18 age sludge was applied; or 

19 ‘‘(ii) consumed animal feed produced 

20 on land on which sewage sludge was ap21 plied.’’; and 

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

23 ‘‘(cc) The term ‘sewage sludge’ has the meaning 

24 given to such term in section 402(j)(2) of the Federal 

25 Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).’’. 


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1 (e) RELATION TO NATIONAL ORGANIC PROGRAM.— 

2 (1) IN GENERAL.—Nothing in this section or 

3 the amendments made by this section shall be con4 strued to modify the prohibition contained in part 

5 205 of title 7, Code of Federal Regulations, on the 

6 use of sewage sludge, including ash, grit, or 

7 screenings from the production of sewage sludge, in 

8 organic food production under the National Organic 

9 Program of the Department of Agriculture. 

10 (2) DEFINITION.—In this subsection, the term 

11 ‘‘sewage sludge’’ has the meaning given to such term 

12 in section 503.9(w) of title 40, Code of Federal Reg13 ulations (or any successor regulations), except that 

14 such term includes ash generated during the firing 

15 of sewage sludge in a sewage sludge incinerator or 

16 grit and screenings generated during preliminary 

17 treatment of domestic sewage in a treatment works. 

Æ 


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