(7) Rice takes up inorganic arsenic from soil 
and water more readily than other grains, according 
to the Food and Drug Administration. 
(8) Rice is a staple food in the diet of many in-
dividuals in the United States and is often one of 
the first foods fed to infants. According to the Food 
and Drug Administration, inorganic arsenic has 
been detected in an infant’s first foods, such as in-
fant rice cereal and brown rice syrup used in an in-
creasing number of products including toddler for-
mula and snack bars. Inorganic arsenic is also found 
in other rice products including children’s breakfast 
cereals and rice itself. Rice may continue to be a 
large part of the diet of children who have swal-
lowing difficulties and gastrointestinal reflux, ac-
cording to the American Academy of Pediatrics. 
(9) The Food and Drug Administration’s anal-
ysis of approximately 1,300 samples found that the 
average levels of inorganic arsenic for various rice 
and rice products are 0.1 to 7.2 micrograms per 
serving. 
(10) The Environmental Protection Agency lim-
its concentrations of arsenic in all forms in drinking 
water to 10 parts per billion. The Food and Drug 
Administration has established a limit of 10 parts 
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per billion in bottled water, and has also proposed 
a limit of 10 parts per billion in apple juice. How-
ever, there are no Federal limits for arsenic in most 
foods, including rice for adults and children or baby 
foods. 
SEC. 3. ESTABLISHMENT OF LIMITATION ON INORGANIC 
ARSENIC IN RICE AND RICE PRODUCTS. 
(a) REGULATION REQUIRED.—For the purpose of 
protecting the public health, not later than the day that 
is 2 years after the date of the enactment of this Act, 
the Secretary of Health and Human Services, acting 
through the Commissioner of Food and Drugs and acting 
under the Secretary’s authority under chapter IV of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 
et seq.), shall promulgate a final regulation establishing 
the minimum quantity of inorganic arsenic contained in 
rice or a rice product which shall cause the rice or rice 
product, respectively, to be deemed to be adulterated 
under section 402 of such Act (21 U.S.C. 343). 
(b) SCOPE OF REGULATION.—The minimum quan-
tity established under subsection (a) shall apply to rice 
and rice products containing inorganic arsenic regardless 
of whether the arsenic is present as a result of a natural 
process, an ingredient added to a food, the use of a pes-
ticide, or other means. 
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(c) REGULATION INCLUDES TOLERANCES.—The reg-
ulation under subsection (a) shall include the establish-
ment of a tolerance under section 406 and section 408 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
346; 346a). 
(d) MINIMUM STRINGENCY.—The standard estab-
lished under subsection (a) (and any subsequent revision 
thereto) for inorganic arsenic contained in rice or a rice 
product shall— 
(1) be based on the maximum achievable reduc-
tion in health risks to individuals, taking into ac-
count the cancer effects, neurodevelopmental effects, 
and other health effects of arsenic exposure; 
(2) be protective of the long-term health of chil-
dren, taking into account— 
(A) the differing eating patterns of chil-
dren; 
(B) the rate of brain development in chil-
dren; 
(C) any differences in the metabolization 
of arsenic in children, as compared to adults; 
and 
(D) the fact that children have a longer ex-
pected life span than adults; and 
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(3) include separate standards for rice milk and 
other frequently consumed rice-based foods, espe-
cially rice-based foods frequently consumed by in-
fants and children. 
(e) DEFINITIONS.—For purposes of this Act: 
(1) FOOD.—The term ‘‘food’’ has the meaning 
given such term in section 201(f) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)). 
(2) INORGANIC ARSENIC.—The term ‘‘inorganic 
arsenic’’ means inorganic arsenic and its metabo-
lites. 
(3) RICE.—The term ‘‘rice’’ means a food that 
is rice. 
(4) RICE PRODUCT.—The term ‘‘rice product’’ 
means a food that contains an ingredient made from 
rice. 
SEC. 4. REPORT ON INORGANIC ARSENIC IN RICE. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit a report to the Congress 
on inorganic arsenic in rice grown in the United States. 
(b) CONTENTS.—The report under subsection (a) 
shall include— 
(1) an analysis of— 
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(A) the agronomy and production manage-
ment practices that will reduce inorganic ar-
senic in rice; 
(B) the germplasm analysis and breeding 
that may reduce inorganic arsenic in rice; 
(C) the analytical technology improvements 
needed to address the issue of inorganic arsenic 
in rice; and 
(D) the current efforts of Federal agencies 
to reduce inorganic arsenic in the food supply; 
(2) recommendations for actions by the Federal 
Government in order to reduce the presence of inor-
ganic arsenic in rice grown in the United States; and 
(3) recommendations for additional research on 
inorganic arsenic in rice, including the estimated 
cost for such research. 
Æ 
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