I 
112TH CONGRESS 
2D SESSION 
H. R. 6601 
To establish programs in the executive branch to permit the labeling of 
certain products that do not contain any carcinogens as ‘‘Carcinogen- 
Free’’, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2012 
Mr. DEUTCH (for himself and Mrs. MYRICK) 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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To establish programs in the executive branch to permit 
the labeling of certain products that do not contain any 
carcinogens as ‘‘Carcinogen-Free’’, and for other pur-
poses. 
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 ‘‘Carcinogen-Free Label 
Act of 2012’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
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(1) Approximately 1.5 million Americans, in-
cluding children, are diagnosed with cancer annually. 
(2) Over 500,000 Americans die from cancer 
every year. 
(3) Less than 5 percent of all cancers are 
caused by genetic factors. 
(4) Cancer is the top cause of disease-related 
death for American children and adolescents. 
(5) Children are more vulnerable to environ-
mental carcinogens than adults. 
(6) Reducing exposure to carcinogens reduces 
risk of cancer. 
(7) The average consumer currently lacks the 
ability to easily identify products that do not contain 
carcinogens. 
(8) Consumers benefit from additional informa-
tion about the potential health impact of products 
they use. 
(9) When comparing products to purchase for 
their families, many consumers use potential health 
impact as a determining factor. 
(10) The 2008–2009 Annual Report of the 
President’s Cancer Panel urges action to prevent en-
vironmental and occupational exposure to carcino-
gens. 
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(b) PURPOSE.—The purpose of this Act is to enable 
consumers to reduce their exposure to carcinogens by al-
lowing manufacturers to affix a Carcinogen-Free label to 
products that do not contain known or probable carcino-
gens through a voluntary process that does not require 
public disclosure of trade secrets. 
SEC. 3. CARCINOGEN-FREE LABELS. 
(a) IN GENERAL.—The head of each Federal depart-
ment or agency that regulates a covered product shall es-
tablish in that department or agency a program to permit 
the labeling of covered products that do not contain any 
carcinogens as ‘‘Carcinogen-Free’’. 
(b) DEVELOPMENT OF LABEL.—The heads of each 
Federal department or agency that regulates a covered 
product shall coordinate to develop an easily recognizable 
label to be affixed to a covered product to signify that the 
product has been approved for labeling as ‘‘Carcinogen- 
Free’’. Such label shall include the following notice: ‘‘This 
product does not contain known or likely carcinogens that 
increase your risk of cancer.’’. 
(c) PREMARKET APPROVAL OF LABEL.— 
(1) IN GENERAL.—It shall be unlawful to intro-
duce or offer for introduction into interstate com-
merce a covered product affixed with a ‘‘Carcinogen- 
Free’’ label described under subsection (b)— 
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(A) if the head of each Federal department 
or agency that regulates the product has not 
approved an application submitted under para-
graph (2) for the labeling of the product as 
‘‘Carcinogen-Free’’; or 
(B) if the product contains any substance 
that is not listed in such application. 
(2) APPLICATION.—Any person may submit an 
application for the labeling of a covered product as 
‘‘Carcinogen-Free’’. Such application shall include a 
list of all the substances contained within the prod-
uct, and shall be accompanied by a sample of the 
product. 
(3) CRITERIA
FOR
APPROVAL.—The head of 
each Federal department or agency to which an ap-
plication is submitted under paragraph (2) shall ap-
prove the application if such head determines that— 
(A) the application accurately lists all sub-
stances contained in the product; 
(B) the product does not contain any car-
cinogens; 
(C) the product does not contain any sub-
stances that display carcinogenicity upon deg-
radation, upon interactions with other sub-
stances contained within the product or exposed 
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to the product, during storage or transpor-
tation, or during intended use of the product, 
as determined by such head based on previous 
findings made by such department or agency; 
and 
(D) the applicant has demonstrated a plan 
to comply with guidance issued under sub-
section (e) relating to manufacture, storage, 
and transportation. 
(4) CONFIDENTIALITY OF INFORMATION.—Any 
information provided to the head of a Federal de-
partment or agency under paragraph (2)— 
(A) shall be kept confidential by such de-
partment or agency, and shall be treated as 
trade secrets or confidential information for 
purposes of section 552(b)(4) of title 5, United 
States Code, and section 1905 of title 18, 
United States Code; 
(B) may not be used for any purpose other 
than approval of an application under this sub-
section; and 
(C) may not be made public except with 
the prior written consent of the applicant. 
Submission of an application under paragraph (2) 
does not constitute disclosure of trade secrets by the 
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applicant or public disclosure for the determination 
of patentability, and any information contained in 
an application may not be used as prior art to a 
claimed invention. 
(5) LABEL
INTEGRITY.—The head of each 
agency to which applications are submitted under 
paragraph (2) shall— 
(A) conduct random testing of covered 
products for which applications are submitted 
for approval under such paragraph to ensure 
that the applications accurately list all the sub-
stances contained in such products; 
(B) conduct random audits of facilities in 
which such covered products are manufactured; 
and 
(C) take reasonable measures to ensure 
compliance with agency guidance issued under 
subsection (e) relating to manufacture, storage, 
and transportation of such covered products. 
(6) FEES.—The head of each Federal depart-
ment or agency may charge a reasonable fee for the 
submission and approval of an application under 
paragraph (2). The amount of such fee shall be the 
amount necessary to result in an estimated total rev-
enue from all such fees received by the department 
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or agency that is equal to the estimated total cost 
of the program established by the department or 
agency under subparagraph (a). 
(d) PENALTY FOR VIOLATIONS.—In addition to any 
other penalty authorized by law, any person who know-
ingly violates subparagraph (A) or (B) of subsection (c)(1) 
shall be subject to a civil penalty of not more than 
$100,000. 
(e) GUIDANCE TO PREVENT INDIRECT INTRODUC-
TION OF CARCINOGENS.—The head of each Federal de-
partment or agency that regulates a covered product shall 
issue guidance to prevent the introduction of carcinogens 
into such covered product during the manufacture, stor-
age, and transportation of such covered product. 
(f) NATIONAL LIST.—The head of each Federal de-
partment or agency that regulates a covered product shall 
each post on the public website of that department or 
agency a list of all covered products regulated by that de-
partment or agency that have been approved for labeling 
as ‘‘Carcinogen-Free’’. 
(g) DEFINITIONS.—In this section: 
(1) CARCINOGEN.—The 
term 
‘‘carcinogen’’ 
means any of the following: 
(A) A substance listed in the National 
Toxicology Program Report on Carcinogens as 
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known to be a human carcinogen or reasonably 
anticipated to be a human carcinogen. 
(B) A substance described in the Environ-
mental Protection Agency Integrated Risk In-
formation System as carcinogenic to humans or 
likely to be carcinogenic to humans. 
(2) COVERED
PRODUCT.—The term ‘‘covered 
product’’ means any product offered for sale that— 
(A) is regulated by the Food and Drug Ad-
ministration, the Environmental Protection 
Agency, the Department of Agriculture, or the 
Consumer Product Safety Commission; and 
(B) is intended for individual or residential 
use. 
Æ 
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