II 

111TH CONGRESS 

1ST SESSION S. 2752 

To ensure the sale and consumption of raw oysters and to direct the Food 

and Drug Administration to conduct an education campaign regarding 

the risks associated with consuming raw oysters, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 9, 2009 

Mr. VITTER (for himself, Mrs. HUTCHISON, Mr. CORNYN, Mr. NELSON of 

Florida, Mr. LEMIEUX, and Ms. LANDRIEU) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To ensure the sale and consumption of raw oysters and 

to direct the Food and Drug Administration to conduct 

an education campaign regarding the risks associated 

with consuming raw oysters, 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 ‘‘Gulf Oyster Industry 

5 Jobs Protection Act’’. 


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•S 2752 IS

1 SEC. 2. LIMITATION ON USE OF FUNDS REGARDING POST2 HARVEST OYSTER PROCESSING AND TREAT3 MENTS. 

4 Notwithstanding any other provision of law, no funds 

5 appropriated or otherwise made available to the Secretary 

6 of Health and Human Services (referred to in this Act 

7 as the ‘‘Secretary’’) may be used by the Secretary to re8 quire that oysters be treated with post-harvest processing 

9 or other treatment or cooking requirements that result in 

10 a prohibition on selling or consuming raw oysters. 

11 SEC. 3. EDUCATION CAMPAIGN REGARDING RAW OYSTERS. 

12 (a) IN GENERAL.—The Secretary, acting through the 

13 Commissioner of Food and Drugs, and in cooperation with 

14 the oyster industry, the Interstate Shellfish Sanitation 

15 Conference, and any other agency such Commissioner 

16 deems appropriate, shall conduct an education campaign 

17 to increase awareness of the risks associated with con18 suming raw oysters. 

19 (b) CONTENT.—The education campaign conducted 

20 under subsection (a) shall include the following compo21 nents: 

22 (1) A focus on educating the populations most 

23 at risk for harm from eating raw oysters, especially 

24 those with liver diseases or weakened immune sys25 tems. 


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1 (2) Informing oyster harvesters, processors, and 

2 distributors of all the requirements for oyster stor3 age and handling and best practices to keep oysters 

4 safe for human consumption. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as may be 

7 necessary to carry out this section. 

8 SEC. 4. REQUIRED ANALYSES OF RULES RELATING TO DO9 MESTIC SEAFOOD. 

10 If the Secretary issues a proposed regulation or guid11 ance that affects the harvesting, processing, or transpor12 tation of seafood harvested in the United States, then in 

13 no case may such regulation or guidance become final or 

14 take effect until the Secretary submits to the appropriate 

15 committees of Congress a report that contains— 

16 (1) a cost-benefit analysis and an economic im17 pact study on such proposed regulation or guidance; 

18 (2) a health impact analysis that describes any 

19 alleged health risks that such proposed regulation or 

20 guidance seeks to address and an explanation of how 

21 such regulation or guidance would addresses those 

22 risks; and 

23 (3) an analysis that compares such proposed 

24 regulation or guidance to any similar regulations or 

25 guidance with respect to other regulated foods, inVerDate Nov 24 2008 00:54 Nov 10, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2752.IS S2752

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1 cluding a comparison of risks the Secretary may find 

2 associated with seafood and the instances of those 

3 risks in such other regulated foods. 

Æ 


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