I 

118TH CONGRESS 

1ST SESSION H. R. 6105 

To amend the Federal Food, Drug, and Cosmetic Act to deem certain substances to be unsafe for use as food contact substances, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 26, 2023 

Ms. SCHAKOWSKY (for herself, Ms. DELAURO, Mrs. DINGELL, Ms. NORTON, 

Ms. PINGREE, Ms. VELA ́ZQUEZ, Mrs. WATSON COLEMAN, Mr. LYNCH, 

and Mr. GRIJALVA) introduced the following bill; which was referred to 

the Committee on Energy and Commerce 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act to 

deem certain substances to be unsafe for use as food 

contact substances, 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. 

4 This Act may be cited as the ‘‘No Toxics in Food 

5 Packaging Act of 2023’’. 


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1 SEC. 2. SUBSTANCES DEEMED UNSAFE FOR USE AS FOOD 

2 CONTACT SUBSTANCES. 

3 (a) IN GENERAL.—Section 409 of the Federal Food, 

4 Drug, and Cosmetic Act (21 U.S.C. 348) is amended by 

5 adding at the end the following: 

6 ‘‘(j) SUBSTANCES DEEMED UNSAFE FOR USE AS

7 FOOD CONTACT SUBSTANCES.— 

8 ‘‘(1) IN GENERAL.—For purposes of this sec9 tion and section 402(a)(2)(C), the following are 

10 deemed to be unsafe for use as food contact sub11 stances: 

12 ‘‘(A) Any chemical belonging to the class 

13 of ortho-phthalates. 

14 ‘‘(B) Any chemical belonging to the class 

15 of PFAS. 

16 ‘‘(C) Bisphenol A, B, S, F, or AF or re17 lated compounds. 

18 ‘‘(D) Styrene. 

19 ‘‘(E) Antimony trioxide. 

20 ‘‘(2) ALTERNATIVE SUBSTANCES.—In acting in 

21 response to any petition under this section to estab22 lish safety with respect to a food contact substance 

23 that the Secretary determines to be an alternative to 

24 a substance listed in paragraph (1), in addition to 

25 the criteria under subsection (c), the Secretary shall 


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1 consider potential adverse effects of exposure to the 

2 substance on vulnerable populations. 

3 ‘‘(3) DEFINITIONS.—In this subsection: 

4 ‘‘(A) The term ‘ortho-phthalates’ means a 

5 class of chemicals that are esters of ortho6 phthalic acid including— 

7 ‘‘(i) DEHP 117–81–7; 

8 ‘‘(ii) BBP 85–68–7; 

9 ‘‘(iii) DBP 84–74–2; 

10 ‘‘(iv) DIDP 26761–40–0; 

11 ‘‘(v) DnHP 84–75–3; 

12 ‘‘(vi) DINP 28553–12–0; 

13 ‘‘(vii) DNOP 117–84–0; 

14 ‘‘(viii) DEP 84–66–2; 

15 ‘‘(ix) DIBP 84–69–5; 

16 ‘‘(x) DPENP 131–18–0; and 

17 ‘‘(xi) DCHP 84–61–7. 

18 ‘‘(B) The term ‘PFAS’ means a 

19 perfluoroalkyl substance or a polyfluoroalkyl 

20 substance that is man-made with at least 1 

21 fully fluorinated carbon atom. 

22 ‘‘(C) The term ‘vulnerable population’ 

23 means a human population that is subject to 

24 the potential for disproportionate exposure to, 

25 or the potential for disproportionate adverse efVerDate Sep 11 2014 20:19 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6105.IH H6105

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1 fect from exposure to, a chemical substance or 

2 mixture, including— 

3 ‘‘(i) infants, children, and adolescents; 

4 ‘‘(ii) pregnant women; 

5 ‘‘(iii) the elderly; 

6 ‘‘(iv) individuals with preexisting med7 ical conditions; 

8 ‘‘(v) workers who may be exposed to 

9 chemical substances and mixtures; 

10 ‘‘(vi) residents in communities subject 

11 to disproportionate exposures; and 

12 ‘‘(vii) members of any other appro13 priate population identified by the Sec14 retary.’’. 

15 (b) DELAYED APPLICABILITY.—Section 409(j) of the 

16 Federal Food, Drug, and Cosmetic Act, as added by sub17 section (a), applies beginning on the date that is 2 years 

18 after the date of enactment of this Act. 

Æ 


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