(C) TREATMENT OF SUBSTANCES DEFINED 
AS FOOD CONTACT SUBSTANCES.— 
(i) One year after the determination 
under paragraph (5) for a substance that 
is subject to this subparagraph, all effec-
tive notifications for the use of such sub-
stance under the authority described in 
sections 409(a)(3) and 409(h) of the Fed-
eral Food, Drug, and Cosmetic Act shall 
be reviewed by the Secretary. 
(ii) Upon receipt of a food contact no-
tification for a food contact substance con-
taining a substance that is subject to this 
subparagraph, the Secretary shall review 
the notification under the authority de-
scribed in sections 409(a)(3) and 409(h) of 
the Federal Food, Drug, and Cosmetic 
Act. 
(d) SAVINGS PROVISION.—Nothing in this Act shall 
affect the right of a State, political subdivision of a State, 
or Indian tribe to adopt or enforce any regulation, require-
ment, liability, or standard of performance that is more 
stringent than a regulation, requirement, liability, or 
standard of performance under this Act or that— 
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(1) applies to a product category not described 
in this Act; or 
(2) requires the provision of a warning of risk, 
illness, or injury associated with the use of food con-
tainers composed, in whole or in part, of bisphenol 
A. 
(e) DEFINITIONS.—For purposes of this section: 
(1) REUSABLE
FOOD
CONTAINER.—The term 
‘‘reusable food container’’ means a reusable food 
container that does not contain a food item when it 
is introduced or delivered for introduction into inter-
state commerce. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL 
FOOD, DRUG, AND COSMETIC ACT. 
Subsection (h) of section 409 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 348(h)(1)) is amend-
ed— 
(1) in paragraph (1)— 
(A) by striking ‘‘manufacturer or supplier 
for a food contact substance may’’ and insert-
ing ‘‘manufacturer or supplier for a food con-
tact substance shall’’; 
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(B) by inserting ‘‘(A)’’ after ‘‘notify the 
Secretary of’’; 
(C) by striking ‘‘, and of’’ and inserting ‘‘; 
(B)’’; and 
(D) by striking the period after ‘‘sub-
section (c)(3)(A)’’ and inserting ‘‘; (C) the de-
termination of the manufacturer or supplier 
that no adverse health effects result from low- 
dose exposures to the food contact substance; 
and (D) the determination of the manufacturer 
or supplier that the substance has not been 
shown, after tests which are appropriate for the 
evaluation of the safety of food contact sub-
stances, to cause reproductive or developmental 
toxicity in humans or animals.’’; and 
(2) by striking paragraph (6) and inserting the 
following: 
‘‘(6) In this section— 
‘‘(A) the term ‘food contact substance’ 
means any substance intended for use as a 
component of materials used in manufacturing, 
packing, packaging, transporting, or holding 
food if such use is not intended to have any 
technical effect in such food; and 
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‘‘(B) the term ‘reproductive or develop-
mental toxicity’ means biologically adverse ef-
fects on the reproductive systems of female or 
male humans or animals, including alterations 
to the female or male reproductive system de-
velopment, the related endocrine system, fer-
tility, pregnancy, pregnancy outcomes, or modi-
fications in other functions that are dependent 
on the integrity of the reproductive system.’’. 
SEC. 4. REPORT TO CONGRESS. 
No later than two years after enactment of this Act 
and at least once during every two year period thereafter, 
the Secretary shall submit a report to the Committee on 
Energy and Commerce of the House of Representatives. 
Such report shall include— 
(1) a list of waivers granted under section 
2(b)(1), including a description of the basis each 
such waiver; 
(2) a list of substances selected for review 
under section 2(c)(2) and the anticipated timeline 
for future selections of additional substances; 
(3) for each substance reviewed under section 
2(c)(5), the outcome of such review, and the antici-
pated timeline for review of additional substances; 
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(4) a description of all remedial action taken 
under section 2(c)(6); and 
(5) for bisphenol A and any other substance de-
termined not to have a reasonable certainty of no 
harm under section 2(c)(5), a review of the potential 
alternatives to that substance that are available or 
being developed for use in food and beverage con-
tainers. 
Æ 
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