I 

112TH CONGRESS 

1ST SESSION H. R. 254 

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 7, 2011 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sewage Sludge in Food 

5 Production Consumer Notification Act’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 254 IH

1 SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PROD2 UCTS PRODUCED ON LAND ON WHICH SEW3 AGE 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: 

8 ‘‘(j)(1) Effective one year after the date of the enact9 ment of the Sewage Sludge in Food Production Consumer 

10 Notification Act, if it is a food (intended for human con11 sumption and offered for sale) that was produced, or con12 tains any ingredient that was produced, on land on which 

13 sewage sludge was applied, unless— 

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

15 the land terminated more than one year before 

16 the date on which the production of the food or 

17 ingredient on the land commenced; 

18 ‘‘(B) the food bears a label that clearly in19 dicates that the food, or an ingredient of the 

20 food, was produced on land on which sewage 

21 sludge was applied; or 

22 ‘‘(C) in the case of a raw agricultural com23 modity or other food generally offered for sale 

24 without labeling, a sign is posted within close 

25 proximity of the food to notify consumers that 

26 the food, or an ingredient of the food, was proVerDate Mar 15 2010 01:50 Jan 13, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H254.IH H254

jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 254 IH

1 duced on land on which sewage sludge was ap2 plied. 

3 ‘‘(2) In this paragraph, the term ‘sewage sludge’ has 

4 the meaning given to such term in section 503.9(w) of title 

5 40, Code of Federal Regulations (or any successor regula6 tions).’’. 

7 (b) ADULTERATED FOOD UNDER EGG PRODUCTS

8 INSPECTION ACT.—Section 4 of the Egg Products Inspec9 tion Act (21 U.S.C. 1033) is amended— 

10 (1) in paragraph (a)— 

11 (A) by striking ‘‘or’’ at the end of para12 graph (7); 

13 (B) by striking the period at the end of 

14 paragraph (8) and inserting ‘‘; or’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(9) effective one year after the date of the en17 actment of the Sewage Sludge in Food Production 

18 Consumer Notification Act, if it is derived from 

19 poultry that were raised, or that consumed animal 

20 feed produced, on land on which sewage sludge was 

21 applied, unless— 

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

23 the land terminated more than one year before 

24 the date on which the poultry began to be 

25 raised on the land or the date on which the proVerDate Mar 15 2010 01:50 Jan 13, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H254.IH H254

jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 254 IH

1 duction of the animal feed on the land com2 menced; or 

3 ‘‘(B) the container bears a label that clear4 ly indicates that the egg or egg product was de5 rived from poultry that— 

6 ‘‘(i) were raised on land on which sew7 age sludge was applied; or 

8 ‘‘(ii) consumed animal feed produced 

9 on land on which sewage sludge was ap10 plied.’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(aa) The term ‘sewage sludge’ has the meaning 

14 given to such term in section 402(j)(2) of the Federal 

15 Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).’’. 

16 (c) ADULTERATED FOOD UNDER FEDERAL MEAT

17 INSPECTION ACT.—Section 1 of the Federal Meat Inspec18 tion Act (21 U.S.C. 601) is amended— 

19 (1) in paragraph (m)— 

20 (A) by striking ‘‘or’’ at the end of para21 graph (8); 

22 (B) by striking the period at the end of 

23 paragraph (9) and inserting ‘‘; or’’; and 

24 (C) by adding at the end the following: 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 254 IH

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

2 enactment of the Sewage Sludge in Food Production 

3 Consumer Notification Act, if it is derived from live4 stock that grazed, or consumed animal feed pro5 duced, on land on which sewage sludge was applied, 

6 unless— 

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

8 the land terminated more than one year before 

9 the date on which the livestock began grazing 

10 on the land or the date on which the production 

11 of the animal feed on the land commenced; 

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

13 meat food product bears a label that clearly in14 dicates that the livestock— 

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

16 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 carcass, part thereof, 

21 meat or meat food product generally offered for 

22 sale without labeling, a sign is posted within 

23 close proximity of the item to notify consumers 

24 that the livestock— 


jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 254 IH

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.’’; and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(x) The term ‘sewage sludge’ has the meaning given 

9 to such term in section 402(j)(2) of the Federal Food, 

10 Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).’’. 

11 (d) ADULTERATED FOOD UNDER POULTRY PROD12 UCTS INSPECTION ACT.—Section 4 of the Poultry Prod13 ucts Inspection Act (21 U.S.C. 453) is amended— 

14 (1) in paragraph (g)— 

15 (A) by striking ‘‘or’’ at the end of para16 graph (7); 

17 (B) by striking the period at the end of 

18 paragraph (8) and inserting ‘‘; or’’; and 

19 (C) by adding at the end the following new 

20 paragraph: 

21 ‘‘(9) effective one year after the date of the en22 actment of the Sewage Sludge in Food Production 

23 Consumer Notification Act, if it is derived from 

24 poultry that were raised, or that consumed animal 


jbell on DSKDVH8Z91PROD with BILLS
7 

•HR 254 IH

1 feed produced, on land on which sewage sludge was 

2 applied, unless— 

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

4 the land terminated more than one year before 

5 the date on which the poultry began to be 

6 raised on the land or the date on which the pro7 duction of the animal feed on the land com8 menced; 

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

10 clearly indicates that the poultry contained in 

11 the product— 

12 ‘‘(i) were raised on land on which sew13 age sludge was applied; or 

14 ‘‘(ii) consumed animal feed produced 

15 on land on which sewage sludge was ap16 plied; or 

17 ‘‘(C) in the case of a poultry product gen18 erally offered for sale without labeling, a sign is 

19 posted within close proximity of the item to no20 tify consumers that the poultry contained in the 

21 product— 

22 ‘‘(i) were raised on land on which sew23 age sludge was applied; or 


jbell on DSKDVH8Z91PROD with BILLS
8 

•HR 254 IH

1 ‘‘(ii) consumed animal feed produced 

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

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(cc) The term ‘sewage sludge’ has the meaning 

7 given to such term in section 402(j)(2) of the Federal 

8 Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).’’. 

9 (e) RELATION TO NATIONAL ORGANIC PROGRAM.— 

10 (1) IN GENERAL.—Nothing in this section or 

11 the amendments made by this section shall be con12 strued to modify the prohibition contained in part 

13 205 of title 7, Code of Federal Regulations, on the 

14 use of sewage sludge, including ash, grit, or 

15 screenings from the production of sewage sludge, in 

16 organic food production under the National Organic 

17 Program of the Department of Agriculture. 

18 (2) DEFINITION.—In this subsection, the term 

19 ‘‘sewage sludge’’ has the meaning given to such term 

20 in section 503.9(w) of title 40, Code of Federal Reg21 ulations (or any successor regulations), except that 

22 such term includes ash generated during the firing 

23 of sewage sludge in a sewage sludge incinerator or 


jbell on DSKDVH8Z91PROD with BILLS
9 

•HR 254 IH

1 grit and screenings generated during preliminary 

2 treatment of domestic sewage in a treatment works. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS