154 
HR 2749 RFS 
‘‘(B) to— 
‘‘(i) reinstate the complainant to his 
or her former position together with com-
pensation (including back pay); and 
‘‘(ii) restore the terms, conditions, 
and privileges associated with his or her 
employment; and 
‘‘(C) to provide compensatory damages to 
the complainant. 
If such an order is issued under this paragraph, the 
Secretary or the court, at the request of the com-
plainant, shall assess against the person against 
whom the order is issued a sum equal to the aggre-
gate amount of all costs and expenses (including at-
torney and expert witness fees) reasonably incurred, 
as determined by the Secretary, by the complainant 
for, or in connection with, the bringing of the com-
plaint upon which the order was issued. 
‘‘(d) RIGHTS RETAINED BY EMPLOYEE.—Nothing in 
this section shall be deemed to diminish the rights, privi-
leges, or remedies of any employee under any Federal or 
State law or under any collective bargaining agreement. 
The rights and remedies in this section may not be waived 
by any agreement, policy, form, or condition of employ-
ment.’’. 
VerDate Nov 24 2008 
02:11 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H2749.RFS
H2749
tjames on DSKG8SOYB1PROD with BILLS
155 
HR 2749 RFS 
SEC. 213. EXTRATERRITORIAL JURISDICTION. 
(a) PROHIBITED ACT.—Section 301 (21 U.S.C. 331), 
as amended by sections 110, 111, 133, 136, and 204, is 
amended by adding at the end the following: 
‘‘(aaa) The production, manufacture, processing, 
preparation, packing, holding, or distribution of an adul-
terated or misbranded food with the knowledge or intent 
that such article will be imported into the United States.’’. 
(b) JURISDICTION.—Chapter III (21 U.S.C. 331 et 
seq.), as amended by section 211, is amended by adding 
at the end the following: 
‘‘SEC. 312. EXTRATERRITORIAL JURISDICTION. 
‘‘There is extraterritorial Federal jurisdiction over 
any violation of this Act relating to any article of food 
if such article was intended for import into the United 
States or if any act in furtherance of the violation was 
committed in the United States.’’. 
SEC. 214. SUPPORT FOR TRAINING INSTITUTES. 
The Secretary of Health and Human Services, acting 
through the Commissioner of Food and Drugs, shall pro-
vide financial and other assistance to appropriate entities 
to establish and maintain one or more university-affiliated 
food protection training institutes that— 
(1) conduct training related to food protection 
activities for Federal, State, local, territorial, and 
tribal officials; and 
VerDate Nov 24 2008 
02:11 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H2749.RFS
H2749
tjames on DSKG8SOYB1PROD with BILLS
156 
HR 2749 RFS 
(2) meet standards developed by the Secretary. 
SEC. 215. BISPHENOL A IN FOOD AND BEVERAGE CON-
TAINERS. 
(a) NOTICE OF DETERMINATION.—No later than De-
cember 31, 2009, the Secretary of Health and Human 
Services shall notify the Congress whether the available 
scientific data support a determination that there is a rea-
sonable certainty of no harm, for infants, young children, 
pregnant women, and adults, for approved uses of 
polycarbonate plastic and epoxy resin made with bisphenol 
A in food and beverage containers, including reusable food 
and beverage containers, under the conditions of use pre-
scribed in current Food and Drug Administration regula-
tions. 
(b) NOTICE OF ACTIONS TO BE TAKEN.—If the Sec-
retary concludes that such a determination cannot be 
made for any approved use, the Secretary shall notify the 
Congress of the actions the Secretary intends to take 
under the Secretary’s authority to regulate food additives 
to protect the public health, which may include— 
(1) revoking or modifying any of the approved 
uses of bisphenol A in food and beverage containers, 
including reusable food and beverage containers; and 
VerDate Nov 24 2008 
02:11 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H2749.RFS
H2749
tjames on DSKG8SOYB1PROD with BILLS
157 
HR 2749 RFS 
(2) ensuring that the public is sufficiently in-
formed of such determination and the steps the pub-
lic may take in response to such determination. 
(c) RULE OF CONSTRUCTION.—Nothing herein is in-
tended or shall be construed to modify existing Food and 
Drug Administration authority, procedures, or policies for 
assessing scientific data, making safety determinations, or 
regulating the safe use of food additives. 
SEC. 216. LEAD CONTENT LABELING REQUIREMENT FOR 
CERAMIC TABLEWARE AND COOKWARE. 
(a) IN GENERAL.—Section 403 (21 U.S.C. 343), as 
amended by sections 101(a), 109(a), 114(a), 202, and 
204, is amended by adding at the end the following: 
‘‘(ff) If it is ceramic tableware or cookware and in-
cludes a glaze or decorations containing lead for an in-
tended functional purpose, unless— 
‘‘(1) the product and its packaging bear the 
statement: ‘This product is made with lead-based 
glaze consistent with Food and Drug Administration 
guidelines for such lead.’; or 
‘‘(2) the product is in compliance with the re-
quirements applicable to ornamental and decorative 
ceramicware in section 109.16 of title 21, Code of 
Federal Regulations (or any successor regulation).’’. 
VerDate Nov 24 2008 
02:11 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H2749.RFS
H2749
tjames on DSKG8SOYB1PROD with BILLS
158 
HR 2749 RFS 
(b) EFFECTIVE DATE.—Section 403(ff) of the Fed-
eral Food, Drug, and Cosmetic Act, as added by sub-
section (a), shall apply only to ceramic tableware or 
cookware that is manufactured on or after the date that 
is 1 year after the date of the enactment of this Act. 
(c) CONSUMER EDUCATION.—Chapter IV (21 U.S.C. 
341 et seq.), as amended by sections 102, 103, 104, and 
111, is amended by adding at the end the following: 
‘‘SEC. 421. CONSUMER EDUCATION ON THE CONTENT OF 
LEAD IN CERAMICWARE AND APPLICABLE 
LABELING REQUIREMENTS. 
‘‘(a) IN GENERAL.—The Secretary shall educate con-
sumers on the safety of ceramicware for food use by post-
ing information on the Web site of the Food and Drug 
Administration with regard to— 
‘‘(1) the content of lead in ceramicware and its 
glaze; 
‘‘(2) existing Federal laws and regulations gov-
erning lead in ceramicware; 
‘‘(3) as appropriate, existing industry practices 
and guidelines; and 
‘‘(4) the labeling requirements applicable under 
this Act. 
‘‘(b) TOPICS.—The education under this section shall 
address— 
VerDate Nov 24 2008 
02:11 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H2749.RFS
H2749
tjames on DSKG8SOYB1PROD with BILLS