I 

115TH CONGRESS 

2D SESSION H. R. 6022 

To amend the Fair Packaging and Labeling Act to require that Federal 

and State mandated information declarations and labeling requirements 

applicable to the chemical composition of, and radiation emitted by, 

consumer products meet minimum scientific standards to deliver accurate 

and clear information, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2018 

Mr. KINZINGER (for himself, Mr. SCHRADER, Mr. GUTHRIE, Mr. PETERSON, 

Mr. CARTER of Georgia, Mr. VELA, Mr. HUDSON, and Mr. COSTA) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

A BILL 

To amend the Fair Packaging and Labeling Act to require 

that Federal and State mandated information declarations and labeling requirements applicable to the chemical composition of, and radiation emitted by, consumer 

products meet minimum scientific standards to deliver 

accurate and clear information, 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 ‘‘Accurate Labels Act’’. 


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1 SEC. 2. STANDARD FOR PRODUCT LABELING INFORMATION 

2 REGARDING CHEMICAL COMPOSITION AND 

3 RADIATION. 

4 (a) IN GENERAL.—The Fair Packaging and Labeling 

5 Act (15 U.S.C. 1451 et seq.) is amended by adding at 

6 the end the following: 

7 ‘‘SEC. 14. STANDARD FOR PRODUCT LABELING INFORMA8 TION REGARDING CHEMICAL COMPOSITION 

9 AND RADIATION. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) BEST AVAILABLE SCIENCE.—The term 

12 ‘best available science’ means science— 

13 ‘‘(A) that is conducted in accordance with 

14 sound and objective scientific practices; 

15 ‘‘(B) the findings and underlying data of 

16 which are— 

17 ‘‘(i) reliable; and 

18 ‘‘(ii) if available, peer-reviewed; and 

19 ‘‘(C) that uses data that is collected by— 

20 ‘‘(i) an accepted method; or 

21 ‘‘(ii) the best available method if the 

22 reliability of the method and the nature of 

23 the decision to which the method applies 

24 justifies the use of the data. 


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1 ‘‘(2) CONSTITUENT.—The term ‘constituent’ 

2 means any organic or inorganic chemical substance 

3 of a particular molecular identity. 

4 ‘‘(3) CONSUMER PRODUCT.—The term ‘con5 sumer product’ has the meaning given the term in 

6 section 3(a) of the Consumer Product Safety Act 

7 (15 U.S.C. 2052(a)). 

8 ‘‘(4) COVERED DECLARATION REQUIREMENT.— 

9 The term ‘covered declaration requirement’ means a 

10 legally enforceable requirement that— 

11 ‘‘(A) requires a responsible person to dis12 play or communicate covered information to a 

13 consumer; and 

14 ‘‘(B) may be provided through— 

15 ‘‘(i) a statement; 

16 ‘‘(ii) a notice; 

17 ‘‘(iii) a caution; 

18 ‘‘(iv) a warning; 

19 ‘‘(v) a symbol; 

20 ‘‘(vi) a pictogram; 

21 ‘‘(vii) a vignette; 

22 ‘‘(viii) packaging information; 

23 ‘‘(ix) an insert; 

24 ‘‘(x) a sign; 

25 ‘‘(xi) a pamphlet; 


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1 ‘‘(xii) an instruction; 

2 ‘‘(xiii) a list of ingredients; 

3 ‘‘(xiv) ingredient declaration informa4 tion; 

5 ‘‘(xv) a database; 

6 ‘‘(xvi) an internet website; or 

7 ‘‘(xvii) other media, including social 

8 media. 

9 ‘‘(5) COVERED INFORMATION.— 

10 ‘‘(A) IN GENERAL.—The term ‘covered in11 formation’ means information that— 

12 ‘‘(i) relates to— 

13 ‘‘(I) a product constituent; or 

14 ‘‘(II) radiation emitted by a cov15 ered product; and 

16 ‘‘(ii) expressly or by implication con17 veys a claim regarding or characterizes the 

18 relationship between any constituent or ra19 diation and— 

20 ‘‘(I) a disease; 

21 ‘‘(II) a toxicological endpoint; or 

22 ‘‘(III) a health-related condition. 

23 ‘‘(B) IMPLIED CLAIMS.—For the purposes 

24 of subparagraph (A)(ii), an implied claim in25 cludes a situation in which an item described in 


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1 clause (i), (v), (vi), (vii), or (xvii) of paragraph 

2 (4)(B) suggests, within the context in which the 

3 item is presented, that a relationship exists be4 tween the presence or level of a constituent in 

5 a covered product, or the level of exposure to a 

6 constituent, and— 

7 ‘‘(i) a disease; 

8 ‘‘(ii) a health-related condition; or 

9 ‘‘(iii) the likelihood of a health-related 

10 condition. 

11 ‘‘(6) COVERED PRODUCT.—The term ‘covered 

12 product’— 

13 ‘‘(A) means— 

14 ‘‘(i) a consumer product; or 

15 ‘‘(ii) a consumer commodity; and 

16 ‘‘(B) includes any packaging with respect 

17 to a consumer product or consumer commodity 

18 described in clause (i) and (ii) of subparagraph 

19 (A), respectively. 

20 ‘‘(7) DE MINIMIS RISK LEVEL.—The term ‘de 

21 minimis risk level’ means— 

22 ‘‘(A) a level of risk that is based on the 

23 best available science and the weight of the evi24 dence; 


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1 ‘‘(B) with respect to a constituent or radi2 ation that is a carcinogen, that the level of risk 

3 described in subparagraph (A)— 

4 ‘‘(i) is determined based on a safety 

5 evaluation that includes non-linear mod6 eling approaches that are consistent with 

7 available data and scientific understanding 

8 of endogenous exposures and a mode of ac9 tion in lieu of, or, at a minimum, in addi10 tion to, a linear default method; 

11 ‘‘(ii) takes into consideration factors 

12 that include the weight of the evidence, 

13 data quality and study reliability, the na14 ture and severity of any health effects in15 volved, the size of any sensitive population 

16 that is at risk with respect to the con17 stituent or radiation, as applicable, and the 

18 kind and degree of any relevant scientific 

19 uncertainties; and 

20 ‘‘(iii) after applying the principles de21 scribed in clauses (i) and (ii)— 

22 ‘‘(I) if the likely operative cancer 

23 mode of action with respect to the 

24 constituent or radiation supports use 

25 of a linear default model, is the level 


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1 of exposure to the constituent or radi2 ation every day for 70 years that 

3 would result in a not greater than 1 

4 in 100,000 chance of developing can5 cer for an individual who is exposed to 

6 the constituent or radiation; and 

7 ‘‘(II) if the likely operative can8 cer mode of action with respect to the 

9 constituent or radiation is non-linear, 

10 is the level of exposure to the con11 stituent or radiation every day for 70 

12 years that would result in a not great13 er than 1 in 1,000 chance of devel14 oping cancer for an individual who is 

15 exposed to the constituent or radi16 ation; and 

17 ‘‘(C) with respect to a constituent or radi18 ation that is a systemic toxicant, including a re19 productive or developmental toxicant, the level 

20 of exposure to the constituent or radiation, as 

21 applicable, that would result in a not greater 

22 than 1 in 1,000 chance of a significant adverse 

23 health impact. 

24 ‘‘(8) NATURALLY OCCURRING.—The term ‘nat25 urally occurring’ means, with respect to a conVerDate Sep 11 2014 03:40 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6022.IH H6022

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1 stituent and a covered product, that the constituent 

2 occurs in— 

3 ‘‘(A) any plant, animal, or microorganism, 

4 or any raw material or a constituent derived 

5 from a plant, animal, or microorganism, that 

6 composes or is a part of the covered product; 

7 and 

8 ‘‘(B) the covered product because of— 

9 ‘‘(i)(I) activity that is authorized pur10 suant to regulation or permitting; or 

11 ‘‘(II) human activity; and 

12 ‘‘(ii) any physical processing, prepara13 tion, or packaging of— 

14 ‘‘(I) a plant, animal, or micro15 organism; or 

16 ‘‘(II) any raw material or con17 stituent derived from an entity de18 scribed in subclause (I). 

19 ‘‘(9) NON-FUNCTIONAL CONSTITUENT.—The 

20 term ‘non-functional constituent’ means, with re21 spect to a covered product, any constituent— 

22 ‘‘(A) that— 

23 ‘‘(i) is an incidental component, at in24 significant levels, of an ingredient of the 

25 covered product; 


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1 ‘‘(ii) is, at insignificant levels, a 

2 breakdown product of an ingredient of the 

3 covered product; 

4 ‘‘(iii) is a byproduct of the manufac5 turing process with respect to the covered 

6 product; 

7 ‘‘(iv) has not been intentionally added 

8 as a separate substance during the manu9 facturing process with respect to the cov10 ered product; and 

11 ‘‘(v) serves no technical or functional 

12 effect with respect to the covered product; 

13 and 

14 ‘‘(B) the presence of which does not en15 danger public health. 

16 ‘‘(10) PRODUCT CONSTITUENT.—The term 

17 ‘product constituent’ means a chemical or chemical 

18 substance that— 

19 ‘‘(A) comprises a covered product (or a 

20 component of, or material with respect to, a 

21 covered product) in whole or part; and 

22 ‘‘(B) is present in a covered product as— 

23 ‘‘(i) part of a specified set of ingredi24 ents; or 

25 ‘‘(ii) a non-functional constituent. 


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1 ‘‘(11) RADIATION.— 

2 ‘‘(A) IN GENERAL.—The term ‘radiation’ 

3 means— 

4 ‘‘(i) electromagnetic radiation, includ5 ing the entire electromagnetic spectrum of 

6 radiation of any wavelength; and 

7 ‘‘(ii) radiation from naturally occur8 ring radioactive elements, including— 

9 ‘‘(I) uranium, thorium, and po10 tassium; 

11 ‘‘(II) any radioactive decay prod12 ucts of an element described in sub13 clause (I), trace concentrations of 

14 which may occur in materials such as 

15 stone or granite; and 

16 ‘‘(III) any other naturally occur17 ring radioactive material. 

18 ‘‘(B) ELECTROMAGNETIC SPECTRUM.—For 

19 the purposes of subparagraph (A), the electro20 magnetic spectrum of radiation includes gamma 

21 rays, x-rays, ultraviolet rays, visible rays, infra22 red rays, microwaves, radiowaves, and low fre23 quency radiation. 

24 ‘‘(12) RESPONSIBLE PERSON.—The term ‘re25 sponsible person’ means— 


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1 ‘‘(A) the manufacturer, distributor, re2 tailer, or packager of a covered product that is 

3 subject to a covered declaration requirement; 

4 and 

5 ‘‘(B) the supplier of any constituent, com6 ponent, material, chemical or chemical sub7 stance, food, or packaging to an entity de8 scribed in subparagraph (A). 

9 ‘‘(13) RISK-BASED.—The term ‘risk-based’ 

10 means, with respect to a covered declaration require11 ment or a de minimis risk level, that the require12 ment or risk level, as applicable, is based on— 

13 ‘‘(A) the likelihood and degree of injury; 

14 ‘‘(B) the integration and assessment of in15 formation, including data, regarding hazards re16 sulting from specific exposures of 1 or more 

17 constituents in, or radiation in or emitted from, 

18 a covered product; and 

19 ‘‘(C) the recognition of a mode of action 

20 within a systematic compilation of scientific 

21 data that, within a structured framework, sup22 ports a hypothesized, biologically plausible path23 way. 


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1 ‘‘(14) TRADE SECRET.—The term ‘trade secret’ 

2 has the meaning given the term in section 1839 of 

3 title 18, United States Code. 

4 ‘‘(15) WEIGHT OF THE EVIDENCE.—The term 

5 ‘weight of the evidence’ means a systematic review 

6 method, applied in a manner that is suited to the 

7 nature of evidential information or the decision to 

8 which the method applies, that uses a pre-estab9 lished protocol to— 

10 ‘‘(A) comprehensively, objectively, trans11 parently, and consistently identify and evaluate 

12 each stream of evidential information, including 

13 the strengths, limitations, and relevance of any 

14 study that is the basis for that evidential infor15 mation; and 

16 ‘‘(B) integrate evidence as necessary and 

17 appropriate based on the strengths, limitations, 

18 and relevance described in subparagraph (A). 

19 ‘‘(b) PROHIBITION.— 

20 ‘‘(1) IN GENERAL.—Unless specifically author21 ized by a Federal statute, no department or agency 

22 of the Federal Government, State, political subdivi23 sion of a State, or territory or possession of the 

24 United States may establish or maintain a covered 

25 declaration requirement unless the covered declaraVerDate Sep 11 2014 03:40 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6022.IH H6022

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1 tion requirement satisfies the standards under para2 graph (2). 

3 ‘‘(2) STANDARDS FOR COVERED DECLARATION

4 REQUIREMENTS.— 

5 ‘‘(A) IN GENERAL.—A covered declaration 

6 requirement shall satisfy each of the following: 

7 ‘‘(i) The covered information to be 

8 displayed or communicated— 

9 ‘‘(I) is clear, accurate, and not 

10 misleading or deceptive to consumers 

11 with respect to the product to which 

12 the covered declaration requirement 

13 applies; and 

14 ‘‘(II) is consistent with the re15 quirements under section 5 of the 

16 Federal Trade Commission Act (15 

17 U.S.C. 45). 

18 ‘‘(ii) The covered information to be 

19 displayed or communicated is— 

20 ‘‘(I) risk-based; and 

21 ‘‘(II) based on— 

22 ‘‘(aa) the best available 

23 science; and 

24 ‘‘(bb) appropriate weight of 

25 the evidence review. 


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1 ‘‘(iii) The covered declaration require2 ment exempts non-functional constituents. 

3 ‘‘(iv) The covered declaration require4 ment exempts naturally occurring constitu5 ents. 

6 ‘‘(v) The covered declaration require7 ment— 

8 ‘‘(I) exempts the inclusion of 

9 trade secrets; and 

10 ‘‘(II) does not otherwise require 

11 the disclosure of information described 

12 in section 552(b)(4) of title 5, United 

13 States Code. 

14 ‘‘(vi) The covered declaration require15 ment does not preclude the inclusion or de16 livery of supplemental or clarifying infor17 mation in the covered declaration require18 ment with respect to a covered product by 

19 a responsible person, if that information 

20 is— 

21 ‘‘(I) clear and accurate; and 

22 ‘‘(II) otherwise consistent with 

23 the requirements under section 5 of 

24 the Federal Trade Commission Act 


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1 (15 U.S.C. 45), as in effect on the 

2 date of enactment of this section. 

3 ‘‘(vii) Any requirement with respect to 

4 a product constituent or the composition of 

5 a product allows a responsible person to— 

6 ‘‘(I) subject to clause (v), list in7 gredients in descending order of pre8 dominance; 

9 ‘‘(II) subject to clause (v) and 

10 subparagraph (C), list, in any order, 

11 any ingredients that are present in 

12 low concentrations; and 

13 ‘‘(III) name constituents using 

14 any internationally recognized nomen15 clature system. 

16 ‘‘(B) BURDEN OF DEMONSTRATING COM17 PLIANCE WITH FEDERAL STANDARD.— 

18 ‘‘(i) IN GENERAL.—Any entity de19 scribed in paragraph (1) that brings an ac20 tion to enforce a covered disclosure re21 quirement enacted by the entity, or that is 

22 a party to a civil action brought under sub23 section (d) with respect to a covered disclo24 sure requirement enacted by the entity, 

25 shall have the burden of establishing by a 


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1 preponderance of the evidence in the action 

2 that the covered disclosure requirement en3 acted by the entity satisfies subparagraphs 

4 (A) and (C). 

5 ‘‘(ii) PREEMPTION IN THE EVENT OF

6 FAILURE TO MEET BURDEN.—If, in an ac7 tion described in clause (i), an entity de8 scribed in that clause fails to meet the bur9 den of the entity required under that 

10 clause, the responsible person against 

11 which the entity sought to enforce a cov12 ered disclosure requirement enacted by the 

13 entity, or that brought the civil action with 

14 respect to a covered disclosure requirement 

15 enacted by the entity, shall not be subject 

16 to the covered disclosure requirement en17 acted by the entity. 

18 ‘‘(C) NO COVERED DECLARATION RE19 QUIRED.—A covered declaration requirement is 

20 not required with respect to a covered product 

21 if— 

22 ‘‘(i) with respect to a constituent, the 

23 concentration of the constituent in the cov24 ered product is below 0.1 percent; and 


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1 ‘‘(ii) with respect to the emission of 

2 radiation, the level of emission by the cov3 ered product is below the risk-based de 

4 minimis risk level established by the Com5 mission. 

6 ‘‘(c) ADDITIONAL DECLARATION OPTIONS.—If a de7 partment or agency of the Federal Government, a State 

8 government, a political subdivision of a State, or a terri9 tory or possession of the United States requires a respon10 sible person to display or communicate covered informa11 tion to a consumer regarding a covered product, that gov12 ernmental entity shall authorize the responsible person 

13 with respect to a covered product to meet the requirements 

14 under subsection (b)(2), including by allowing for the 

15 omission of information under subsection (b)(2)(C), by 

16 communicating the covered information to the consumer 

17 through an electronic or digital declaration method that 

18 ensures that— 

19 ‘‘(1) information is provided on the accom20 panying package of the covered product that identi21 fies or otherwise indicates— 

22 ‘‘(A) an electronic or digital link that— 

23 ‘‘(i) shall— 

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1 ered product through an internet 

2 website or other landing page; 

3 ‘‘(II) be accompanied by— 

4 ‘‘(aa) the statement ‘Scan 

5 here for more’; or 

6 ‘‘(bb) equivalent language 

7 that reflects technological 

8 changes; 

9 ‘‘(III) provide access to the cov10 ered information by means of a mobile 

11 device, internet website, or other land12 ing page; 

13 ‘‘(IV) include the telephone num14 ber described in subparagraph (B); 

15 and 

16 ‘‘(V) be of a sufficient size to be 

17 easily and effectively scanned or read 

18 by a digital device; and 

19 ‘‘(ii) subject to paragraph (2), may 

20 not collect, analyze, or sell any personally 

21 identifiable information about— 

22 ‘‘(I) individuals who access— 

23 ‘‘(aa) the electronic or dig24 ital link; or 


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1 ‘‘(bb) the telephone number 

2 described in subparagraph (B); 

3 or 

4 ‘‘(II) the devices of individuals 

5 who access the electronic or digital 

6 link; and 

7 ‘‘(B) a telephone number that shall— 

8 ‘‘(i) provide access to additional infor9 mation about the composition of the prod10 uct; and 

11 ‘‘(ii) be accompanied with the state12 ment ‘Call for more information about the 

13 composition of this product’; and 

14 ‘‘(2) if, under other provisions of this Act, in15 formation described in paragraph (1)(A)(ii) is re16 quired to be collected under paragraph (1), that in17 formation— 

18 ‘‘(A) shall be deleted by the responsible 

19 person as soon as practicable after fulfilling the 

20 required purpose under this Act with respect to 

21 the information; and 

22 ‘‘(B) may not be used for any other pur23 pose by the responsible person. 

24 ‘‘(d) PRIVATE CIVIL ACTIONS.— 

25 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) AUTHORITY TO BRING SUIT.—Any re2 sponsible person that is subject to a covered 

3 declaration requirement, is otherwise required 

4 to display or communicate to a consumer cov5 ered information about a covered product, or is, 

6 or may be, subject to an enforcement action 

7 with respect to that requirement by a State or 

8 a political subdivision of a State, may bring a 

9 civil action in an appropriate district court of 

10 the United States against that State (or any 

11 private entity that is authorized to bring an en12 forcement action on behalf of that State) or 

13 that political subdivision, as applicable, if the 

14 requirement of the State or political subdivision 

15 does not comply with the requirements under 

16 subsections (b) and (c). 

17 ‘‘(B) TIMING.—For the purposes of sub18 paragraph (A), a responsible person shall be 

19 considered to be subject to an enforcement ac20 tion beginning on the date on which a State, or 

21 a political subdivision of a State, as applicable, 

22 enacts a law or promulgates a regulation that 

23 maintains or imposes a covered declaration re24 quirement, without regard to— 

25 ‘‘(i) the date on which— 


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1 ‘‘(I) compliance is mandated 

2 under the law or regulation, as appli3 cable; or 

4 ‘‘(II) enforcement of the law or 

5 regulation, as applicable, begins; or 

6 ‘‘(ii) any exemption or exclusion that 

7 the responsible person may invoke with re8 spect to compliance with the law or regula9 tion, as applicable. 

10 ‘‘(2) REMEDIES.—In a civil action brought 

11 under paragraph (1), a court may grant an injunc12 tion to prevent any actual or threatened harm to a 

13 responsible person or interstate commerce.’’. 

14 (b) APPLICABILITY TO OTHER LAWS.— 

15 (1) EFFECT ON STATE LAWS GENERALLY.—No 

16 State, or any political subdivision of a State, may 

17 impose a requirement or prohibition with respect to 

18 information, warning, and labeling requirements ap19 plicable to consumer commodities or consumer prod20 ucts that is in addition to, or different than, the re21 quirements under section 14 of the Fair Packaging 

22 and Labeling Act, as added by subsection (a). 

23 (2) FURTHER REQUIREMENTS.— 

24 (A) DEFINITION.—In this paragraph, the 

25 term ‘‘responsible person’’ has the meaning 


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1 given the term in section 14(a) of the Fair 

2 Packaging and Labeling Act, as added by sub3 section (a). 

4 (B) CONDITION.—A fee, fine, penalty, at5 torney’s fee, or other cost may only be assessed 

6 against a responsible person by a State, or a 

7 private entity that is authorized to bring an en8 forcement action on behalf of a State, if the 

9 State or the private entity, as applicable, has 

10 satisfied the requirements under section 

11 14(b)(2)(B) of the Fair Packaging and Label12 ing Act, as added by subsection (a). 

13 (3) RULE OF CONSTRUCTION REGARDING AL14 LERGEN DECLARATIONS.—Nothing in this Act, or in 

15 the amendments made by this Act, may be construed 

16 as amending, altering, or otherwise affecting the re17 quirements under the Food Allergen Labeling and 

18 Consumer Protection Act of 2004 (Public Law 108– 

19 282; 118 Stat. 905). 

Æ 


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