I

107TH CONGRESS

1ST SESSION H. R. 172

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

JANUARY 3, 2001

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,
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1 SECTION 1. NOTIFICATION TO CONSUMERS OF FOOD

2 PRODUCTS PRODUCED ON LAND ON WHICH

3 SEWAGE 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 new paragraph:

8 ‘‘(h)(1) Effective one year after the date of the enact9 ment of this subsection, if it is a food (intended for human

10 consumption and offered for sale) that was produced, or

11 contains any ingredient that was produced, on land on

12 which sewage sludge was applied, unless—

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

14 land terminated more than one year before the date

15 on which the production of the food or ingredient on

16 the land commenced;

17 ‘‘(B) the food bears a label that clearly indi18 cates that the food, or an ingredient of the food, was

19 produced on land on which sewage sludge was ap20 plied; or

21 ‘‘(C) in the case of a raw agricultural com22 modity or other food generally offered for sale with23 out labeling, a sign is posted within close proximity

24 of the food to notify consumers that the food, or an

25 ingredient of the food, was produced on land on

26 which sewage sludge was applied.’’.
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1 (b) ADULTERATED FOOD UNDER EGG PRODUCTS

2 INSPECTION ACT.—Section 4(a) of the Egg Products In3 spection Act (21 U.S.C. 1033(a)) is amended—

4 (1) by striking ‘‘or’’ at the end of paragraph

5 (7);

6 (2) by striking the period at the end of para7 graph (8) and inserting ‘‘; or’’; and

8 (3) by adding at the end the following new

9 paragraph:

10 ‘‘(9) effective one year after the date of the en11 actment of this paragraph, if it is derived from poul12 try that were raised, or that consumed animal feed

13 produced, on land on which sewage sludge was ap14 plied, unless—

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

16 the land terminated more than one year before

17 the date on which the poultry began to be

18 raised on the land or the date on which the pro19 duction of the animal feed on the land com20 menced; or

21 ‘‘(B) the container bears a label that clear22 ly indicates that the egg or egg product was de23 rived from poultry that—

24 ‘‘(i) were raised on land on which sew25 age sludge was applied; or
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1 ‘‘(ii) consumed animal feed produced

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

4 (c) ADULTERATED FOOD UNDER FEDERAL MEAT

5 INSPECTION ACT.—Section 1(m) of the Federal Meat In6 spection Act (21 U.S.C. 601(m)) is amended—

7 (1) by striking ‘‘or’’ at the end of paragraph

8 (8);

9 (2) by striking the period at the end of para10 graph (9) and inserting ‘‘; or’’; and

11 (3) by adding at the end the following new

12 paragraph:

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

14 enactment of this paragraph, if it is derived from

15 livestock that grazed, or consumed animal feed pro16 duced, on land on which sewage sludge was applied,

17 unless—

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

19 the land terminated more than one year before

20 the date on which the livestock began grazing

21 on the land or the date on which the production

22 of the animal feed on the land commenced;

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

24 meat food product bears a label that clearly in25 dicates that the livestock—
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1 ‘‘(i) grazed on land on which sewage

2 sludge was applied; or

3 ‘‘(ii) consumed animal feed produced

4 on land on which sewage sludge was ap5 plied; or

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

7 meat or meat food product generally offered for

8 sale without labeling, a sign is posted within

9 close proximity of the item to notify consumers

10 that the livestock—

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

12 sludge was applied; or

13 ‘‘(ii) consumed animal feed produced

14 on land on which sewage sludge was ap15 plied.’’.

16 (d) ADULTERATED FOOD UNDER POULTRY PROD17 UCTS INSPECTION ACT.—Section 4(g) of the Egg Prod18 ucts Inspection Act (21 U.S.C. 453(g)) is amended—

19 (1) by striking ‘‘or’’ at the end of paragraph

20 (7);

21 (2) by striking the period at the end of para22 graph (8) and inserting ‘‘; or’’; and

23 (3) by adding at the end the following new

24 paragraph:
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1 ‘‘(9) effective one year after the date of the en2 actment of this paragraph, if it is derived from poul3 try that were raised, or that consumed animal feed

4 produced, on land on which sewage sludge was ap5 plied, unless—

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

7 the land terminated more than one year before

8 the date on which the poultry began to be

9 raised on the land or the date on which the pro10 duction of the animal feed on the land com11 menced;

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

13 clearly indicates that the poultry contained in

14 the product—

15 ‘‘(i) were raised on land on which sew16 age sludge was applied; or

17 ‘‘(ii) consumed animal feed produced

18 on land on which sewage sludge was ap19 plied; or

20 ‘‘(C) in the case of a poultry product gen21 erally offered for sale without labeling, a sign is

22 posted within close proximity of the item to no23 tify consumers that the poultry contained in the

24 product—
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1 ‘‘(i) were raised on land on which sew2 age sludge was applied; or

3 ‘‘(ii) consumed animal feed produced

4 on land on which sewage sludge was ap5 plied.’’.

6 (e) SPECIAL RULES FOR ORGANIC FOODS.—

7 (1) CROP PRODUCTION.—Section 2109 of the

8 Organic Foods Production Act of 1990 (7 U.S.C.

9 6508) is amended by adding at the end the following

10 new subsection:

11 ‘‘(d) USE OF SEWAGE SLUDGE.—Notwithstanding

12 section 402(h) of the Federal Food, Drug, and Cosmetic

13 Act (21 U.S.C. 342(h)) and section 4(a)(9) of the Egg

14 Products Inspection Act (21 U.S.C. 1033(a)(9)), foods la15 beled ‘100 percent organic’, ‘organic’, or ‘made with or16 ganic ingredients’ may not be produced using sewage

17 sludge.’’.

18 (2) ANIMAL PRODUCTION.—Section 2110 of the

19 Organic Foods Production Act of 1990 (7 U.S.C.

20 6509) is amended by adding at the end the following

21 new subsection:

22 ‘‘(h) USE OF SEWAGE SLUDGE.—Notwithstanding

23 section 1(m)(10) of the Federal Meat Inspection Act (21

24 U.S.C. 601(m)(10)) and section 4(g)(9) of the Egg Prod25 ucts Inspection Act (21 U.S.C. 453(g)(9)), any livestock
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1 that is to be slaughtered and sold or labeled as ‘organically

2 produced’ or that is to be used in the production of foods

3 labeled ‘100 percent organic’, ‘organic’, or ‘made with or4 ganic ingredients’ may not be raised using sewage

5 sludge.’’.

Æ