I 
109TH CONGRESS 
1ST SESSION H. R. 4167 
To amend the Federal Food, Drug, and Cosmetic Act to provide for uniform 
food safety warning notification requirements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 27, 2005 
Mr. ROGERS of Michigan (for himself, Mr. TOWNS, Mr. ADERHOLT, Mr. AL-
EXANDER, Mr. ANDREWS, Mr. BARROW, Mr. BASS, Mr. BEAUPREZ, Mr. 
BERRY, Mrs. BIGGERT, Mr. BISHOP of Georgia, Mrs. BLACKBURN, Mr. 
BLUNT, Mr. BOEHLERT, Mr. BOEHNER, Mr. BONILLA, Mr. BONNER, Mr. 
BOREN, Mr. BOUCHER, Mr. BOUSTANY, Mr. BOYD, Mr. BRADLEY of 
New Hampshire, Mr. BURGESS, Mr. CALVERT, Mr. CAMP, Mr. CANNON, 
Mr. CANTOR, Mrs. CAPITO, Mr. CARDOZA, Mr. CARTER, Mr. CHANDLER, 
Mr. CHOCOLA, Mr. COBLE, Mr. CONAWAY, Mr. CRAMER, Mr. CRENSHAW, 
Mr. CROWLEY, Mrs. CUBIN, Mr. DAVIS of Illinois, Mr. DAVIS of Ken-
tucky, Mrs. JO ANN DAVIS of Virginia, Mr. DAVIS of Tennessee, Mr. 
TOM DAVIS of Virginia, Mr. LINCOLN DIAZ-BALART of Florida, Mr. 
DOOLITTLE, Mr. DOYLE, Mrs. DRAKE, Mr. DUNCAN, Mr. EHLERS, Mr. 
EMANUEL, Mrs. EMERSON, Mr. ENGLISH
of Pennsylvania, Mr. 
ETHERIDGE, Mr. FERGUSON, Mr. FOLEY, Mr. GALLEGLY, Mr. GERLACH, 
Mr. GILLMOR, Mr. GINGREY, Mr. GOODE, Mr. GOODLATTE, Mr. GOR-
DON, Ms. GRANGER, Mr. GRAVES, Mr. GREEN of Wisconsin, Mr. HALL, 
Ms. HART, Mr. HAYES, Mr. HENSARLING, Mr. HERGER, Mr. HIGGINS, 
Mr. HOEKSTRA, Mr. HULSHOF, Ms. JACKSON-LEE of Texas, Ms. EDDIE 
BERNICE JOHNSON of Texas, Mr. SAM JOHNSON of Texas, Mr. JOHNSON 
of Illinois, Mr. JONES of North Carolina, Mrs. KELLY, Mr. KENNEDY of 
Minnesota, Mr. KINGSTON, Mr. KIRK, Mr. KLINE, Mr. KOLBE, Mr. 
KUHL of New York, Mr. LAHOOD, Mr. LATHAM, Mr. LATOURETTE, Mr. 
LEWIS of Georgia, Mr. LEWIS of Kentucky, Mr. LINDER, Mr. LUCAS, Mr. 
MARCHANT, Mr. MARSHALL, Mr. MATHESON, Mr. MCCOTTER, Mr. 
MCINTYRE, Miss MCMORRIS, Mr. MEEKS of New York, Mr. MICHAUD, 
Ms. MILLENDER-MCDONALD, Mr. MOORE of Kansas, Mr. MORAN of 
Kansas, Mr. MORAN of Virginia, Mrs. MUSGRAVE, Mrs. NORTHUP, Mr. 
NORWOOD, Mr. NUNES, Mr. ORTIZ, Mr. OSBORNE, Mr. OTTER, Mr. 
OXLEY, Mr. PEARCE, Mr. PENCE, Mr. PETERSON of Minnesota, Mr. 
PICKERING, Mr. PITTS, Mr. POMBO, Mr. PORTER, Mr. PRICE of Georgia, 
Ms. PRYCE of Ohio, Mr. RADANOVICH, Mr. RAMSTAD, Mr. REGULA, Mr. 
REHBERG, 
Mr. 
ROHRABACHER, 
Mr. 
ROSS, 
Mr. 
ROYCE, 
Mr. 
RUPPERSBERGER, Mr. RUSH, Mr. SCHWARZ of Michigan, Mr. SESSIONS,
Mr. SHADEGG, Mr. SHIMKUS, Mr. SHUSTER, Mr. SIMPSON, Mr. SKEL-
TON, Mr. SODREL, Mr. SOUDER, Mr. STRICKLAND, Mr. SULLIVAN, Mr. 
SWEENEY, Mr. TERRY, Mr. THOMPSON of Mississippi, Mr. TIAHRT, Mr. 
TIBERI, Mr. UPTON, Mr. WAMP, Mr. WELLER, Mr. WESTMORELAND, 
Mr. WICKER, Mrs. WILSON of New Mexico, Mr. WILSON of South Caro-
lina, Mr. WYNN, Mr. WHITFIELD, Mr. SHERWOOD, Mr. JEFFERSON, Mr. 
DAVIS of Alabama, and Mr. MANZULLO) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Federal Food, Drug, and Cosmetic Act to 
provide for uniform food safety warning notification re-
quirements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Uniformity 
for Food Act of 2005’’. 
SEC. 2. NATIONAL UNIFORMITY FOR FOOD. 
(a) NATIONAL UNIFORMITY.—Section 403A(a) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343– 
1(a)) is amended— 
(1) in paragraph (4), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (5), by striking the period and 
inserting ‘‘, or’’; 
(3) by inserting after paragraph (5) the fol-
lowing:
‘‘(6) any requirement for a food described in 
section 402(a)(1), 402(a)(2), 402(a)(6), 402(a)(7), 
402(c), 404, 406, 409, 512, or 721(a), that is not 
identical to the requirement of such section.’’; and 
(4) by adding at the end the following: ‘‘For 
purposes of paragraph (6) and section 403B, the 
term ‘identical’ means that the language under the 
laws of a State or a political subdivision of a State 
is substantially the same language as the comparable 
provision under this Act and that any differences in 
language do not result in the imposition of materi-
ally different requirements. For purposes of para-
graph (6), the term ‘any requirement for a food’ 
does not refer to provisions of this Act that relate 
to procedures for Federal action under this Act.’’. 
(b) UNIFORMITY IN FOOD SAFETY WARNING NOTI-
FICATION REQUIREMENTS.—Chapter IV of such Act (21 
U.S.C. 341 et seq.) is amended— 
(1) by redesignating sections 403B and 403C 
as sections 403C and 403D, respectively; and 
(2) by inserting after section 403A the fol-
lowing new section: 
‘‘SEC. 403B. UNIFORMITY IN FOOD SAFETY WARNING NOTI-
FICATION REQUIREMENTS. 
‘‘(a) UNIFORMITY REQUIREMENT.—
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (c) and (d), no State or political subdivision 
of a State may, directly or indirectly, establish or 
continue in effect under any authority any notifica-
tion requirement for a food that provides for a warn-
ing concerning the safety of the food, or any compo-
nent or package of the food, unless such a notifica-
tion requirement has been prescribed under the au-
thority of this Act and the State or political subdivi-
sion notification requirement is identical to the noti-
fication requirement prescribed under the authority 
of this Act. 
‘‘(2) DEFINITIONS.—For purposes of paragraph 
(1)— 
‘‘(A) the term ‘notification requirement’ in-
cludes any mandatory disclosure requirement 
relating to the dissemination of information 
about a food by a manufacturer or distributor 
of a food in any manner, such as through a 
label, labeling, poster, public notice, advertising, 
or any other means of communication, except 
as provided in paragraph (3); 
‘‘(B) the term ‘warning’, used with respect 
to a food, means any statement, vignette, or 
other representation that indicates, directly or
by implication, that the food presents or may 
present a hazard to health or safety; and 
‘‘(C) a reference to a notification require-
ment that provides for a warning shall not be 
construed to refer to any requirement or prohi-
bition relating to food safety that does not in-
volve a notification requirement. 
‘‘(3) CONSTRUCTION.—Nothing in this section 
shall be construed to prohibit a State from con-
ducting the State’s notification, disclosure, or other 
dissemination of information, or to prohibit any ac-
tion taken relating to a mandatory recall, civil ad-
ministrative order, embargo, detention order, or 
court proceeding involving food adulteration under a 
State statutory requirement identical to a food adul-
teration requirement under this Act. 
‘‘(b) REVIEW
OF
EXISTING
STATE
REQUIRE-
MENTS.— 
‘‘(1) EXISTING STATE REQUIREMENTS; DEFER-
RAL.—Any requirement that— 
‘‘(A)(i) is a State notification requirement 
that expressly applies to a specified food or food 
component and that provides for a warning de-
scribed in subsection (a) that does not meet the
uniformity requirement specified in subsection 
(a); or 
‘‘(ii) is a State food safety requirement de-
scribed in section 403A(6) that does not meet 
the uniformity requirement specified in that 
paragraph; and 
‘‘(B) is in effect on the date of enactment 
of the National Uniformity for Food Act of 
2005, shall remain in effect for 180 days after 
that date of enactment. 
‘‘(2) STATE
PETITIONS.—With respect to a 
State notification or food safety requirement that is 
described in paragraph (1), the State may petition 
the Secretary for an exemption or a national stand-
ard under subsection (c). If a State submits such a 
petition within 180 days after the date of enactment 
of the National Uniformity for Food Act of 2005, 
the notification or food safety requirement shall re-
main in effect in accordance with subparagraph (C) 
of paragraph (3), and the time periods and provi-
sions specified in subparagraphs (A) and (B) of such 
paragraph shall apply in lieu of the time periods and 
provisions specified in subsection (c)(3) (but not the 
time periods and provisions specified in subsection 
(d)(2)).
‘‘(3) ACTION ON PETITIONS.— 
‘‘(A) PUBLICATION.—Not later than 270 
days after the date of enactment of the Na-
tional Uniformity for Food Act of 2005, the 
Secretary shall publish a notice in the Federal 
Register concerning any petition submitted 
under paragraph (2) and shall provide 180 days 
for public comment on the petition. 
‘‘(B) TIME PERIODS.—Not later than 360 
days after the end of the period for public com-
ment, the Secretary shall take final agency ac-
tion on the petition. 
‘‘(C) ACTION.— 
‘‘(i) IN GENERAL.—With respect to a 
State that submits to the Secretary a peti-
tion in accordance with paragraph (2), the 
notification or food safety requirement in-
volved shall remain in effect during the pe-
riod beginning on the date of enactment of 
the National Uniformity for Food Act of 
2005 and ending on the applicable date 
under subclause (I) or (II), as follows: 
‘‘(I) If the petition is denied by 
the Secretary, the date of such denial.
‘‘(II) If the petition is approved 
by the Secretary, the effective date of 
the final rule that is promulgated 
under subsection (c) to provide an ex-
emption or national standard pursu-
ant to the petition, except that there 
is no applicable ending date under 
this subparagraph for a provision of 
State law that is part of such State 
requirement in any case in which the 
final rule does not establish any con-
dition regarding such provision of law. 
‘‘(ii) NONCOMPLIANCE OF SECRETARY 
REGARDING TIMEFRAMES.— 
‘‘(I) 
JUDICIAL
REVIEW.—The 
failure of the Secretary to comply 
with any requirement of subparagraph 
(A) or (B) shall constitute final agen-
cy action for purposes of judicial re-
view. If the court conducting the re-
view determines that the Secretary 
has failed to comply with the require-
ment, the court shall order the Sec-
retary to comply within a period de-
termined to be appropriate by the 
court. 
‘‘(II) STATUS
OF
STATE
RE-
QUIREMENT.—With respect to a State 
that submits to the Secretary a peti-
tion in accordance with paragraph (2), 
if the Secretary fails to take final 
agency action on the petition within 
the period that applies under subpara-
graph (B), the notification or food 
safety requirement involved remains 
in effect in accordance with clause (i). 
‘‘(c) EXEMPTIONS AND NATIONAL STANDARDS.— 
‘‘(1) EXEMPTIONS.—Any State may petition 
the Secretary to provide by regulation an exemption 
from section 403A(a)(6) or subsection (a), for a re-
quirement of the State or a political subdivision of 
the State. The Secretary may provide such an ex-
emption, under such conditions as the Secretary may 
impose, for such a requirement that— 
‘‘(A) protects an important public interest 
that would otherwise be unprotected, in the ab-
sence of the exemption;
‘‘(B) would not cause any food to be in 
violation of any applicable requirement or prohi-
bition under Federal law; and 
‘‘(C) would not unduly burden interstate 
commerce, balancing the importance of the pub-
lic interest of the State or political subdivision 
against the impact on interstate commerce. 
‘‘(2) NATIONAL STANDARDS.—Any State may 
petition the Secretary to establish by regulation a 
national standard respecting any requirement under 
this Act or the Fair Packaging and Labeling Act 
(15 U.S.C. 1451 et seq.) relating to the regulation 
of a food. 
‘‘(3) ACTION ON PETITIONS.— 
‘‘(A) PUBLICATION.—Not later than 30 
days after receipt of any petition under para-
graph (1) or (2), the Secretary shall publish 
such petition in the Federal Register for public 
comment during a period specified by the Sec-
retary. 
‘‘(B) TIME
PERIODS
FOR
ACTION.—Not 
later than 60 days after the end of the period 
for public comment, the Secretary shall take 
final agency action on the petition or shall in-
form the petitioner, in writing, the reasons that
taking the final agency action is not possible, 
the date by which the final agency action will 
be taken, and the final agency action that will 
be taken or is likely to be taken. In every case, 
the Secretary shall take final agency action on 
the petition not later than 120 days after the 
end of the period for public comment. 
‘‘(4) JUDICIAL
REVIEW.—The failure of the 
Secretary to comply with any requirement of this 
subsection shall constitute final agency action for 
purposes of judicial review. If the court conducting 
the review determines that the Secretary has failed 
to comply with the requirement, the court shall 
order the Secretary to comply within a period deter-
mined to be appropriate by the court. 
‘‘(d) IMMINENT HAZARD AUTHORITY.— 
‘‘(1) IN GENERAL.—A State may establish a re-
quirement that would otherwise violate section 
403A(a)(6) or subsection (a), if— 
‘‘(A) the requirement is needed to address 
an imminent hazard to health that is likely to 
result in serious adverse health consequences or 
death; 
‘‘(B) the State has notified the Secretary 
about the matter involved and the Secretary
has not initiated enforcement action with re-
spect to the matter; 
‘‘(C) a petition is submitted by the State 
under subsection (c) for an exemption or na-
tional standard relating to the requirement not 
later than 30 days after the date that the State 
establishes the requirement under this sub-
section; and 
‘‘(D) the State institutes enforcement ac-
tion with respect to the matter in compliance 
with State law within 30 days after the date 
that the State establishes the requirement 
under this subsection. 
‘‘(2) ACTION ON PETITION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
take final agency action on any petition sub-
mitted under paragraph (1)(C) not later than 7 
days after the petition is received, and the pro-
visions of subsection (c) shall not apply to the 
petition. 
‘‘(B) JUDICIAL
REVIEW.—The failure of 
the Secretary to comply with the requirement 
described in subparagraph (A) shall constitute 
final agency action for purposes of judicial re-
view. If the court conducting the review deter-
mines that the Secretary has failed to comply 
with the requirement, the court shall order the 
Secretary to comply within a period determined 
to be appropriate by the court. 
‘‘(3) DURATION.—If a State establishes a re-
quirement in accordance with paragraph (1), the re-
quirement may remain in effect until the Secretary 
takes final agency action on a petition submitted 
under paragraph (1)(C). 
‘‘(e) NO EFFECT ON PRODUCT LIABILITY LAW.— 
Nothing in this section shall be construed to modify or 
otherwise affect the product liability law of any State. 
‘‘(f) NO EFFECT ON IDENTICAL LAW.—Nothing in 
this section relating to a food shall be construed to prevent 
a State or political subdivision of a State from estab-
lishing, enforcing, or continuing in effect a requirement 
that is identical to a requirement of this Act, whether or 
not the Secretary has promulgated a regulation or issued 
a policy statement relating to the requirement. 
‘‘(g) NO EFFECT ON CERTAIN STATE LAW.—Noth-
ing in this section or section 403A relating to a food shall 
be construed to prevent a State or political subdivision of 
a State from establishing, enforcing, or continuing in ef-
fect a requirement relating to—
‘‘(1) freshness dating, open date labeling, grade 
labeling, a State inspection stamp, religious dietary 
labeling, organic or natural designation, returnable 
bottle labeling, unit pricing, or a statement of geo-
graphic origin; or 
‘‘(2) a consumer advisory relating to food sani-
tation that is imposed on a food establishment, or 
that is recommended by the Secretary, under part 
3–6 of the Food Code issued by the Food and Drug 
Administration and referred to in the notice pub-
lished at 64 Fed. Reg. 8576 (1999) (or any cor-
responding similar provision of such a Code). 
‘‘(h) DEFINITIONS.—In section 403A and this sec-
tion: 
‘‘(1) The term ‘requirement’, used with respect 
to a Federal action or prohibition, means a manda-
tory action or prohibition established under this Act 
or the Fair Packaging and Labeling Act (15 U.S.C. 
1451 et seq.), as appropriate, or by a regulation 
issued under or by a court order relating to, this Act 
or the Fair Packaging and Labeling Act, as appro-
priate. 
‘‘(2) The term ‘petition’ means a petition sub-
mitted in accordance with the provisions of section 
10.30 of title 21, Code of Federal Regulations, con-
taining all data and information relied upon by the 
petitioner to support an exemption or a national 
standard.’’. 
(c) CONFORMING AMENDMENT.—Section 403A(b) of 
such Act (21 U.S.C. 343–1(b)) is amended by adding after 
and below paragraph (3) the following: 
‘‘The requirements of paragraphs (3) and (4) of section 
403B(c) shall apply to any such petition, in the same man-
ner and to the same extent as the requirements apply to 
a petition described in section 403B(c).’’. 
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