I
106TH CONGRESS
1ST SESSION
H. R. 1346
To amend the Federal Food, Drug, and Cosmetic Act to safeguard public
health and provide to consumers food that is safe, unadulterated, and
honestly presented.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1999
Mr. PALLONE introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to
safeguard public health and provide to consumers food
that is safe, unadulterated, and honestly presented.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, REFERENCE, AND TABLE OF
CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Uniform Food Safety Labeling Act’’.
(b) REFERENCE.—Except as otherwise specified,
whenever in this Act an amendment is expressed in terms
of an amendment to a section or other provision, the ref-
erence shall be considered to be made to that section or
other provision of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321 et seq.).
(c) TABLE OF CONTENTS.—The table of contents is
as follows:
Sec. 1. Short title, reference, and table of contents.
Sec. 2. Labeling of raw or partially cooked foods and unpasteurized juice.
Sec. 3. Sale and labeling of frozen fish and shellfish.
Sec. 4. Sale of raw eggs.
Sec. 5. Statement of origin.
Sec. 6. Freshness date.
Sec. 7. Food labeled as natural.
Sec. 8. Labeling of kosher and kosher-style foods.
Sec. 9. Unit pricing.
Sec. 10. Grades for farm products.
Sec. 11. Regulations.
SEC. 2. LABELING OF RAW OR PARTIALLY COOKED FOODS
AND UNPASTEURIZED JUICE.
Section 403 (21 U.S.C. 343) is amended by adding
at the end the following:
‘‘(t)(1) Unless the label or labeling of raw or partially
cooked eggs, fish, milk, dairy products, shellfish, or
unpasteurized juice offered in a ready-to-eat form as a
deli, vended, or other item, or the label or labeling of a
ready-to-eat food containing as an ingredient raw or par-
tially cooked eggs, fish, milk, dairy products, shellfish, or
unpasteurized juice, discloses the increased risk associated
with eating such food in raw or partially cooked form.
‘‘(2) Eggs, fish, milk, dairy products, and shellfish
routinely served raw or partially cooked, unpasteurized
juice, and ready-to-eat foods containing such raw or par-
tially cooked foods or unpasteurized juice as ingredients
shall bear the following: This food contains raw or par-
tially cooked eggs, fish, shellfish, or unpasteurized juice.
Children, the elderly, pregnant women, or persons with
weakened immune systems may experience severe
foodborne illness from eating this item.
‘‘(2) The Secretary shall, in accordance with section
11 of the National Uniform Food Safety Labeling Act,
establish by regulation the labeling requirements of this
paragraph.’’.
SEC. 3. SALE AND LABELING OF FROZEN FISH AND SHELL-
FISH.
Section 403 (21 U.S.C. 343), as amended by section
2, is amended by adding at the end the following:
‘‘(u)(1) Except as provided in subparagraph (2), if
it is fish or shellfish that has been frozen unless its label
or labeling bears a prominent and conspicuous statement
indicating that such product has been frozen.
‘‘(2) This paragraph shall not apply to fish or shell-
fish that has been frozen prior to being smoked, cured,
cooked, or subjected to the heat of commercial steriliza-
tion.
‘‘(3) The Secretary shall, in accordance with section
11 of the National Uniform Food Safety Labeling Act,
establish by regulation the labeling requirements of this
paragraph.’’.
SEC. 4. SALE OF RAW EGGS.
Section 403 (21 U.S.C. 343) is amended by adding
at the end the following:
‘‘(v)(1) If it is raw eggs, unless its label or labeling
states ‘Children, the elderly, pregnant women, or persons
with weakened immune systems may experience severe ill-
ness from eating raw or partially cooked eggs.’
‘‘(2) The Secretary shall, in accordance with section
11 of the National Uniform Food Safety Labeling Act,
establish by regulation the labeling requirements of this
paragraph.’’.
SEC. 5. STATEMENT OF ORIGIN.
Section 403 (21 U.S.C. 343), as amended by section
4, is amended by adding at the end the following:
‘‘(w)(1) If it is a perishable agricultural commodity
as defined in section 1(b)(4) of the Perishable Agricultural
Commodities Act of 1930 (7 U.S.C. 499a(b)(1)), unless
it bears a label or labeling containing the country of origin
of the perishable agricultural commodity.
‘‘(2) If it is a product derived from a perishable agri-
cultural commodity, including juice, frozen juice con-
centrate, fruit butter, preserves and jams, or canned or
frozen fruits or vegetables, unless it bears a label or label-
ing containing the country of origin of the perishable agri-
cultural commodity and the product derived from it.
‘‘(3) The Secretary shall, in accordance with section
11 of the National Uniform Food Safety Labeling Act,
establish by regulation the labeling requirements of this
paragraph.’’.
SEC. 6. FRESHNESS DATE.
Section 403 (21 U.S.C. 343), as amended by section
5, is amended by adding at the end the following:
‘‘(x)(1) Unless its label or labeling bears the date
upon which the food should no longer be sold because of
diminution of quality, nutrient availability, or safety. The
freshness date shall be stated in terms of the day and
month of the year if the food will not be fresh after 3
months on the shelf, or in terms of the month and year
if the product will be fresh for more than 3 months on
the shelf. The phrase ‘use by’ shall precede the date.
‘‘(2) The Secretary shall, in accordance with section
11 of the National Uniform Food Safety Labeling Act,
establish by regulation the means of disclosing the
freshness date.’’.
SEC. 7. FOOD LABELED AS NATURAL.
Section 403 (21 U.S.C. 343), as amended by section
6, is amended by adding at the end the following:
‘‘(y)(1) If its label or labeling bears the word ‘nat-
ural’, unless—
‘‘(A) it contains no artificial flavoring, color ad-
ditive, chemical preservative, or any other artificial
or synthetic ingredient added after harvesting; and
‘‘(B) it has undergone no processing other than
minimal processing, such as the removal of inedible
substances or the application of physical processes
such as cutting, grinding, drying, homogenizing, or
pulping.
‘‘(3) This paragraph shall not apply to the use of the
terms ‘natural flavors’ and ‘natural colors’ as approved by
the Food and Drug Administration.
‘‘(4) The Secretary shall, in accordance with section
11 of the National Uniform Food Safety Labeling Act,
establish by regulation the labeling requirements of this
paragraph.’’.
SEC. 8. LABELING OF KOSHER AND KOSHER-STYLE FOODS.
Section 403 (21 U.S.C. 343), as amended by section
7, is amended by adding at the end the following:
‘‘(z)(1) If it is falsely represented in the food’s label
or labeling to be kosher, kosher for Passover, pareve, or
as having been prepared in accordance with orthodox Jew-
ish religious standards either by direct statements, orally
or in writing, or by display of the word ‘Kosher’, ‘Kosher
for Passover’, or ‘Pareve’; or
‘‘(2) if the food’s label or labeling uses the term ‘Ko-
sher’ in conjunction with the words ‘style’ or ‘type’ or any
similar expression which might reasonably be calculated
to deceive a reasonable person to believe that a representa-
tion is being made that the food sold is kosher, kosher
for Passover, pareve, or prepared in accordance with or-
thodox Jewish religious standards.
‘‘(3) The Secretary shall, in accordance with section
11 of the National Uniform Food Safety Labeling Act,
establish by regulation provisions that implement this
paragraph.’’.
SEC. 9. UNIT PRICING.
(a) IN GENERAL.—Section 403 (21 U.S.C. 343), as
amended by section 8, is amended by adding at the end
the following:
‘‘(aa)(1) Unless its label or labeling bears the unit
price and the total price of the food as provided in this
paragraph.
‘‘(2) As used in this paragraph
‘‘(A) The term ‘unit price’ of food shall mean
the price per measure.
‘‘(B) The term ‘price per measure’ shall
mean—
‘‘(i) price per pound for food whose net
quantity is expressed in units of weight, except
for such food whose net weight is less than 1
ounce which shall be expressed as price per
ounce if the same unit of measure is used for
the same food in all sizes;
‘‘(ii) price per pint or quart for food whose
net quantity is stated in fluid ounces, pints,
quarts, gallons, or a combination thereof, if the
same unit of measure is used for the same food
in all sizes sold in the retail establishment; and
‘‘(iii) price per 100 for food whose net
quantity is expressed by count, except as other-
wise provided by regulation.
‘‘(3) The Secretary shall, in accordance with section
11 of the National Uniform Food Safety Labeling Act,
establish by regulation a national program of pricing as
prescribed by this paragraph.’’.
SEC. 10. GRADES FOR FARM PRODUCTS.
Section 403 (21 U.S.C. 343), as amended by section
9, is amended by adding at the end the following:
‘‘(bb)(1) Unless it bears a grade, where grading is
customary within the industry.
‘‘(2) The Secretary shall, in accordance with section
11 of the National Uniform Food Safety Labeling Act,
establish by regulation a national program of grading for
food which is customarily graded.’’.
SEC. 11. REGULATIONS.
(a)(1) Within 12 months after the date of the enact-
ment of this Act, the Secretary of Health and Human
Services shall issue proposed regulations to implement
paragraphs (t) and (bb) of section 403 of the Federal
Food, Drug, and Cosmetic Act. The proposed regulations
shall establish format requirements for the label state-
ments mandated by such sections. The required label
statements shall appear in easily legible boldface print or
type, with upper and lower case letters, and in distinct
contrast to other printed or graphic matter. The label
statements shall appear in a type size not less than the
largest type found on the label, except that used for the
brand name, product name, logo, or universal product
code, and in any case not less than the type size required
for the declaration of net quantity of contents statement
as prescribed by regulation printed in 21 C.F.R.
101.105(1). All required label statements shall be placed
on the information panel, except for the statements re-
quired by paragraphs (w) and (aa) of such section 403,
which shall be placed on the principal display panel.
(2) Not later than 24 months after the date of enact-
ment of this Act, the Secretary shall issue final regulations
to implement sections 403(z)–(y) of the Federal Food,
Drug, and Cosmetic Act.
(b) If the Secretary does not promulgate final regula-
tions under subsection (a)(2) upon the expiration of 24
months after the date of the enactment of this Act, the
proposed regulation issued in accordance with subsection
(a)(1) shall be considered as the final regulations upon
the expiration of such 24 months. There shall be promptly
published in the Federal Register notice of the new status
of the proposed regulations.
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