termined by the court not to exceed the larger of (1)
$25,000 per day for each violation, or (2) one-half of the
total retail sales price of all the food and consumer prod-
ucts in violation.
SEC. 210. PREEMPTION.
Nothing in this title shall affect the authority of any
State or political subdivision of a State to establish or con-
tinue in effect any regulation or any other measure relat-
ing to any chemical substance or article containing a
chemical substance, including foods and consumer prod-
ucts.
SEC. 211. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency.
(2) The term ‘‘infant or young child’’ means an
individual younger than 7 years of age.
(3) The term ‘‘children’s food’’ means raw or
processed food, including food as defined in section
201(f) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321(f)), which is normally consumed by
infants or young children.
(4) The term ‘‘children’s product’’ means a
consumer product, including—
(A) consumer products as defined in sec-
tion 3(a) of the Consumer Product Safety Act
(15 U.S.C. 2052(a)); and
(B) drugs, devices, and cosmetics as de-
fined in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321);
which are sold or intended for use or consumption
by infants or young children or for which normal
and expected use or consumption in the home or in
schools will result in potentially greater exposure to
a hazardous synthetic chemical listed pursuant to
section 204(a) for infants or young children than for
adults.
(5) The term ‘‘reasonable certainty of no harm’’
has the meaning given the term ‘‘safe’’ by section
408(b)(2)(A)(ii) of the Food, Drug and Cosmetic
Act (21 U.S.C. 346a(b)(2)(A)(ii)).
TITLE III—ENDOCRINE
DISRUPTORS
SEC. 301. TESTING AUTHORITY.
In addition to the substances referred to in section
408(p)(3)(B) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 346a(p)(3)(B)), the Administrator of the
Environmental Protection Agency shall provide for testing
under the screening program authorized by section 408(p)
of such Act, in accordance with the provisions of section
408(p) of such Act, of any substance to which the Admin-
istrator determines a substantial population may be ex-
posed.
SEC. 302. WARNING LABEL REQUIREMENT.
(a) IN GENERAL.—On the basis of the results of the
screening program authorized by section 408(p) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a(p)), the Administrator may require a warning label
on or near any product at the product’s point of sale if
such product contains a substance which has an endocrine
disrupting effect.
(b) CONTENTS OF LABEL.—Any warning label re-
quired under subsection (a) shall state the name of the
substance for which labeling is required and shall state
in plain language the potential effects of consumption of
endocrine disruptors.
(c) PUBLIC PETITION.—Any person may petition the
Administrator to take action under this section. The Ad-
ministrator shall decide whether to act upon such petition
and respond in writing within 90 days after receipt of the
petition.
SEC. 303. REGULATORY DECISIONS.
If, on the basis of the results of the screening pro-
gram authorized by section 408(p) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 346a(p)), the Admin-
istrator finds that a substance may have an endocrine dis-
rupting effect, such finding shall be sufficient basis for
applying by rule 1 or more of the requirements under sub-
section (a) of section 6 of the Toxic Substances Control
Act (15 U.S.C. 2605(a)) to such substance. No other sub-
section of section 6 or other section of the Toxic Sub-
stances Control Act shall apply to such rule. Such rule
shall be considered a rule under this Act.
SEC. 304. ENFORCEMENT.
The Administrator may promulgate regulations and
take other appropriate action to carry out sections 302
and 303, including the bringing of civil actions for enforce-
ment purposes. Any person may commence a civil action
on its own behalf against any person for violation of the
requirements of section 302 or 303.
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