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 Com-
mittee 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 juris-
diction 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 con-
sumers receive notification regarding food products pro-
duced from crops, livestock, or poultry raised on land 
on which sewage sludge was applied. 
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 ‘‘Sewage Sludge in Food 
Production Consumer Notification Act’’. 
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SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PROD-
UCTS PRODUCED ON LAND ON WHICH SEW-
AGE SLUDGE HAS BEEN APPLIED. 
(a) ADULTERATED FOOD UNDER FEDERAL FOOD, 
DRUG, AND COSMETIC ACT.—Section 402 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amend-
ed by adding at the end the following: 
‘‘(j)(1) Effective one year after the date of the enact-
ment of the Sewage Sludge in Food Production Consumer 
Notification Act, if it is a food (intended for human con-
sumption and offered for sale) that was produced, or con-
tains any ingredient that was produced, on land on which 
sewage sludge was applied, unless— 
‘‘(A) the application of sewage sludge to 
the land terminated more than one year before 
the date on which the production of the food or 
ingredient on the land commenced; 
‘‘(B) the food bears a label that clearly in-
dicates that the food, or an ingredient of the 
food, was produced on land on which sewage 
sludge was applied; or 
‘‘(C) in the case of a raw agricultural com-
modity or other food generally offered for sale 
without labeling, a sign is posted within close 
proximity of the food to notify consumers that 
the food, or an ingredient of the food, was pro-
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duced on land on which sewage sludge was ap-
plied. 
‘‘(2) In this paragraph, the term ‘sewage sludge’ has 
the meaning given to such term in section 503.9(w) of title 
40, Code of Federal Regulations (or any successor regula-
tions).’’. 
(b) ADULTERATED FOOD UNDER EGG PRODUCTS 
INSPECTION ACT.—Section 4 of the Egg Products Inspec-
tion Act (21 U.S.C. 1033) is amended— 
(1) in paragraph (a)— 
(A) by striking ‘‘or’’ at the end of para-
graph (7); 
(B) by striking the period at the end of 
paragraph (8) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(9) effective one year after the date of the en-
actment of the Sewage Sludge in Food Production 
Consumer Notification Act, if it is derived from 
poultry that were raised, or that consumed animal 
feed produced, on land on which sewage sludge was 
applied, unless— 
‘‘(A) the application of sewage sludge to 
the land terminated more than one year before 
the date on which the poultry began to be 
raised on the land or the date on which the pro-
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duction of the animal feed on the land com-
menced; or 
‘‘(B) the container bears a label that clear-
ly indicates that the egg or egg product was de-
rived from poultry that— 
‘‘(i) were raised on land on which sew-
age sludge was applied; or 
‘‘(ii) consumed animal feed produced 
on land on which sewage sludge was ap-
plied.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(aa) The term ‘sewage sludge’ has the meaning 
given to such term in section 402(j)(2) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).’’. 
(c) ADULTERATED FOOD UNDER FEDERAL MEAT 
INSPECTION ACT.—Section 1 of the Federal Meat Inspec-
tion Act (21 U.S.C. 601) is amended— 
(1) in paragraph (m)— 
(A) by striking ‘‘or’’ at the end of para-
graph (8); 
(B) by striking the period at the end of 
paragraph (9) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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‘‘(10) effective one year after the date of the 
enactment of the Sewage Sludge in Food Production 
Consumer Notification Act, if it is derived from live-
stock that grazed, or consumed animal feed pro-
duced, on land on which sewage sludge was applied, 
unless— 
‘‘(A) the application of sewage sludge to 
the land terminated more than one year before 
the date on which the livestock began grazing 
on the land or the date on which the production 
of the animal feed on the land commenced; 
‘‘(B) the carcass, part thereof, meat or 
meat food product bears a label that clearly in-
dicates that the livestock— 
‘‘(i) grazed on land on which sewage 
sludge was applied; or 
‘‘(ii) consumed animal feed produced 
on land on which sewage sludge was ap-
plied; or 
‘‘(C) in the case of a carcass, part thereof, 
meat or meat food product generally offered for 
sale without labeling, a sign is posted within 
close proximity of the item to notify consumers 
that the livestock— 
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‘‘(i) grazed on land on which sewage 
sludge was applied; or 
‘‘(ii) consumed animal feed produced 
on land on which sewage sludge was ap-
plied.’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(x) The term ‘sewage sludge’ has the meaning given 
to such term in section 402(j)(2) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).’’. 
(d) ADULTERATED FOOD UNDER POULTRY PROD-
UCTS INSPECTION ACT.—Section 4 of the Poultry Prod-
ucts Inspection Act (21 U.S.C. 453) is amended— 
(1) in paragraph (g)— 
(A) by striking ‘‘or’’ at the end of para-
graph (7); 
(B) by striking the period at the end of 
paragraph (8) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(9) effective one year after the date of the en-
actment of the Sewage Sludge in Food Production 
Consumer Notification Act, if it is derived from 
poultry that were raised, or that consumed animal 
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feed produced, on land on which sewage sludge was 
applied, unless— 
‘‘(A) the application of sewage sludge to 
the land terminated more than one year before 
the date on which the poultry began to be 
raised on the land or the date on which the pro-
duction of the animal feed on the land com-
menced; 
‘‘(B) the poultry product bears a label that 
clearly indicates that the poultry contained in 
the product— 
‘‘(i) were raised on land on which sew-
age sludge was applied; or 
‘‘(ii) consumed animal feed produced 
on land on which sewage sludge was ap-
plied; or 
‘‘(C) in the case of a poultry product gen-
erally offered for sale without labeling, a sign is 
posted within close proximity of the item to no-
tify consumers that the poultry contained in the 
product— 
‘‘(i) were raised on land on which sew-
age sludge was applied; or 
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‘‘(ii) consumed animal feed produced 
on land on which sewage sludge was ap-
plied.’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(cc) The term ‘sewage sludge’ has the meaning 
given to such term in section 402(j)(2) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).’’. 
(e) RELATION TO NATIONAL ORGANIC PROGRAM.— 
(1) IN GENERAL.—Nothing in this section or 
the amendments made by this section shall be con-
strued to modify the prohibition contained in part 
205 of title 7, Code of Federal Regulations, on the 
use of sewage sludge, including ash, grit, or 
screenings from the production of sewage sludge, in 
organic food production under the National Organic 
Program of the Department of Agriculture. 
(2) DEFINITION.—In this subsection, the term 
‘‘sewage sludge’’ has the meaning given to such term 
in section 503.9(w) of title 40, Code of Federal Reg-
ulations (or any successor regulations), except that 
such term includes ash generated during the firing 
of sewage sludge in a sewage sludge incinerator or 
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grit and screenings generated during preliminary 
treatment of domestic sewage in a treatment works. 
Æ 
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