I
104TH CONGRESS
1ST SESSION
H. R. 1771
To amend the requirements of the Federal Food, Drug, and Cosmetic Act
for the labeling of food for pesticides, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 7, 1995
Mr. WAXMAN introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To amend the requirements of the Federal Food, Drug,
and Cosmetic Act for the labeling of food for pesticides,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCE.
(A) SHORT TITLE.—This Act may be cited as the
‘‘Pesticide Safety and Right-to-Know Act of 1995 ’’.
(b) REFERENCE.—Whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Federal Food, Drug, and Cosmetic Act.
SEC. 2. RIGHT TO KNOW PROVISIONS.
(a) NEW LABEL REQUIREMENT.—Section 403(q)(1)
(21 U.S.C. 343(q)(1)) is amended—
(1) by striking the period at the end of clause
(E) and inserting ‘‘, and’’, and
(2) by adding at the end the following:
‘‘(F) if pesticides containing known or probable
human carcinogens have been applied to the food,
the following notice: ‘‘Notice: Pesticides Containing
Known or Probable Human Carcinogens Have Been
Applied to This Food.’’.
(b) CONFORMING AMENDMENT.—Section 403(q)(4)
(21 U.S.C. 343(q)(4) is amended by inserting after
‘‘1990’’ each place it appears the following: ‘‘or, in the
case of subparagraph (1)(F), the date of the enactment
of the Pesticide Safety and Right-to-Know Act of 1995’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect upon the expiration of 18
months after the date of the enactment of this Act, except
that if a pesticide contains a substance that is designated
after such date as a known or probable human carcinogen,
such amendments shall, with respect to the label of food
to which such pesticide has been applied, take effect 12
months after such designation.
SEC. 3. PROTECTION OF CHILDREN.
Section 408 (21 U.S.C. 346a) is amended by adding
at the end the following:
‘‘(p)(1) After 12 months after the date of the enact-
ment of the Pesticide Safety and Right-to-Know Act of
1995, the Administrator shall, before prescribing a toler-
ance for a pesticide chemical under this section, determine
in writing whether dietary exposure to the pesticide chemi-
cal under the tolerance being prescribed for the pesticide
chemical is reasonably anticipated to cause cancer, dam-
age to the developing neurological, immune, or reproduc-
tive systems, or other serious adverse health effects in any
child. The Administrator may not prescribe a tolerance for
a pesticide chemical if the Administrator determines that
dietary exposure to the pesticide chemical under such tol-
erance is reasonably anticipated to cause such effects in
any child.
‘‘(2) In making a determination under subparagraph
(1), the Administrator shall implement the recommenda-
tions of the National Research Council in its 1993 report
entitled ‘Pesticides in the Diet of Infants and Children’.’’.
SEC. 4. BREAST CANCER AND REPRODUCTIVE DISORDER
PREVENTION.
Section 408 (21 U.S.C. 346a), as amended by section
3, is amended by adding at the end the following: