Union Calendar No. 139

104TH CONGRESS

1ST SESSION H. R. 436

[Report No. 104–262, Parts I and II]

A BILL

To require the head of any Federal agency to diffor other purposes. and greases, in issuing certain regulations, and mal, marine, or vegetable origin, and other oils ferentiate between fats, oils, and greases of aniSEPTEMBER 27, 1995

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 139

104TH CONGRESS

1ST SESSION H. R. 436

[Report No. 104–262, Parts I and II]

To require the head of any Federal agency to differentiate between fats,

oils, and greases of animal, marine, or vegetable origin, and other oils

and greases, in issuing certain regulations, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 9, 1995

Mr. EWING (for himself, and Mrs. DANNER) introduced the following bill;

which was referred to the Committee on 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

SEPTEMBER 27, 1995

Reported from the Committee on Agriculture with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

SEPTEMBER 27, 1995

Additional sponsors: Mr. BOEHNER, Mr. HOLDEN, Mr. ROHRABACHER, Mr.

WALSH, Mrs. MEYERS of Kansas, Mr. ZIMMER, Mr. COMBEST, Mr. EMERSON, Mr. MANTON, Mr. LIPINSKI, Mr. BONILLA, Mr. BEREUTER, Mr.

PAXON, Mr. ARMEY, Mr. SOUDER, Mr. COSTELLO, Mr. CHAPMAN, Mr.

HASTERT, Mr. HOSTETTLER, Mr. POSHARD, Mr. LATHAM, Mr. FLANAGAN, Mr. ZELIFF, Mr. BARRETT of Nebraska, Mrs. LINCOLN, Mr. JOHNSON of South Dakota, Mr. STENHOLM, Mr. BISHOP, Mr. JACOBS, Mr.

MINGE, Mrs. CHENOWETH, Mr. GILLMOR, Mrs. LOWEY, Mr. POMEROY,

Mr. QUINN, Mr. PASTOR, Mr. PETRI, Mr. COOLEY, Mr. BUYER, Mr.

BAKER of Louisiana, Mr. BATEMAN, Mr. KIM, Mr. EHLERS, Mr.

LAHOOD, Mr. CALVERT, Mr. FAWELL, Mr. DORNAN, Mr. PETERSON of

Minnesota, Mr. DOOLITTLE, Mr. HAYES, Mr. LEACH, Mr. POMBO, Mr.

PACKARD, Ms. DUNN of Washington, Mr. LIGHTFOOT, Mr. COX of California, Mr. BREWSTER, Mr. SKELTON, Mr. KNOLLENBERG, Mr. CANADY

of Florida, Mr. TATE, Mr. HALL of Texas, Mr. HUTCHINSON, Mr. PETE

GEREN of Texas, Mr. HORN, Mr. STOCKMAN, Mr. HERGER, Mr.
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GOODLATTE, Mr. KLUG, Mr. BILBRAY, Mr. PARKER, Mr. CONDIT, Mr.

NUSSLE, Mr. MONTGOMERY, Mrs. THURMAN, Mr. WELLER, Mr.

CHAMBLISS, Mr. LUTHER, Mr. ENGLISH of Pennsylvania, Mr. LEWIS of

Kentucky, Mr. FRANKS of New Jersey, Mr. HOEKSTRA, and Mr. HANCOCK

SEPTEMBER 27, 1995

Reported from the Committee on Commerce with an amendment, committed

to the Committee of the Whole House on the State of the Union, and

ordered to be printed

[Strike out all after the enacting clause and insert the part printed in boldface roman]

A BILL

To require the head of any Federal agency to differentiate

between fats, oils, and greases of animal, marine, or

vegetable origin, and other oils and greases, in issuing

certain regulations, 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. DIFFERENTIATION AMONG FATS, OILS, AND

4 GREASES.

5 (a) IN GENERAL.—In issuing or enforcing any regu6 lation or establishing any interpretation or guideline relat7 ing to a fat, oil, or grease under any Federal law, the head

8 of any Federal agency shall differentiate between—

9 (1)(A) animal fats and oils and greases, and

10 fish and marine mammal oils, within the meaning of

11 paragraph (2) of section 61(a) of title 13, United

12 States Code; or
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1 (B) oils of vegetable origin, including oils from

2 the seeds, nuts, and kernels referred to in paragraph

3 (1)(A) of such section; and

4 (2) other oils and greases, including petroleum.

5 (b) CONSIDERATIONS.—In differentiating between

6 the class of fats, oils, and greases described in subsection

7 (a)(1) and the class of oils and greases described in sub8 section (a)(2), the head of the Federal agency shall con9 sider differences in the physical, chemical, biological, and

10 other properties, and in the environmental effects, of the

11 classes.

12 SECTION 1. SHORT TITLE.

13 This Act may be cited as the ‘‘Edible Oil Regulatory

14 Reform Act’’.

15 SEC. 2. DEFINITIONS.

16 As used in this Act:

17 (1) ANIMAL FAT.—The term ‘‘animal fat’’ means

18 each type of animal fat, oil, or grease (including fat,

19 oil, or grease from fish or a marine mammal), includ20 ing any fat, oil, or grease referred to in section

21 61(a)(2) of title 13, United States Code.

22 (2) VEGETABLE OIL.—The term ‘‘vegetable oil’’

23 means each type of vegetable oil (including vegetable

24 oil from a seed, nut, or kernel), including any vegeta-
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1 ble oil referred to in section 61(a)(1) of title 13,

2 United States Code.

3 SEC. 3. DIFFERENTIATION AMONG FATS, OILS, AND

4 GREASES.

5 (a) IN GENERAL.—In issuing or enforcing a regula6 tion, an interpretation, or a guideline relating to a fat, oil,

7 or grease under a Federal law, the head of a Federal agency

8 shall—

9 (1) differentiate between and establish separate

10 categories for—

11 (A)(i) animal fats; and

12 (ii) vegetable oils; and

13 (B) other oils, including petroleum oil; and

14 (2) apply different standards to different classes

15 of fat and oil as provided in subsection (b).

16 (b) CONSIDERATION.—In differentiating between the

17 classes of animal fats and vegetable oils referred to in sub18 section (a)(1)(A) and the classes of oils described in sub19 section (a)(1)(B), the head of the Federal agency shall con20 sider differences in physical, chemical, biological, and other

21 properties, and in the effects on human health and the envi22 ronment, of the classes.

23 SEC. 4. FINANCIAL RESPONSIBILITY.

24 (a) LIMITS OF LIABILITY.—Section 1004(a)(1) of the

25 Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amend-
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1 ed by striking ‘‘for a tank vessel,’’ and inserting ‘‘for a tank

2 vessel (other than a tank vessel carrying animal fat or vege3 table oil),’’.

4 (b) FINANCIAL RESPONSIBILITY.—The first sentence of

5 section 1016(a) of the Act (33 U.S.C. 2716(a)) is amended

6 by striking ‘‘in the case of a tank vessel,’’ and inserting

7 ‘‘in the case of a tank vessel (other than a tank vessel carry8 ing animal fat or vegetable oil),’’.

9 SECTION 1. DIFFERENTIATION AMONG FATS, OILS, AND

10 GREASES.

11 (a) IN GENERAL.—In issuing or enforcing

12 any regulation or establishing any interpreta13 tion or guideline relating to a fat, oil, or

14 grease under any Federal law pertaining to

15 the transportation, storage, disposal, dis16 charge, or release of that substance, the head

17 of any Federal agency shall differentiate be18 tween—

19 (1)(A) animal fats and oils and

20 greases, and fish and marine mammal

21 oils, within the meaning of paragraph (2)

22 of section 61(a) of title 13, United States

23 Code; or

24 (B) oils of vegetable origin, including

25 oils from the seeds, nuts, and kernels re-
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1 ferred to in paragraph (1)(A) of such sec2 tion; and

3 (2) other oils and greases, including

4 petroleum.

5 (b) CONSIDERATIONS.—In differentiating

6 between the class of fats, oils, and greases de7 scribed in subsection (a)(1) and the class of

8 oils and greases described in subsection

9 (a)(2), the head of the Federal agency shall

10 consider differences in the physical, chemical,

11 biological, and other properties, and in the

12 environmental effects, of the classes.