To establish programs in the executive branch to permit the labeling of certain products that do not contain any carcinogens as "Carcinogen-Free", and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Carcinogen-Free Label Act of 2012''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Approximately 1.5 million Americans, including 
        children, are diagnosed with cancer annually.
            (2) Over 500,000 Americans die from cancer every year.
            (3) Less than 5 percent of all cancers are caused by 
        genetic factors.
            (4) Cancer is the top cause of disease-related death for 
        American children and adolescents.
            (5) Children are more vulnerable to environmental 
        carcinogens than adults.
            (6) Reducing exposure to carcinogens reduces risk of 
        cancer.
            (7) The average consumer currently lacks the ability to 
        easily identify products that do not contain carcinogens.
            (8) Consumers benefit from additional information about the 
        potential health impact of products they use.
            (9) When comparing products to purchase for their families, 
        many consumers use potential health impact as a determining 
        factor.
            (10) The 2008-2009 Annual Report of the President's Cancer 
        Panel urges action to prevent environmental and occupational 
        exposure to carcinogens.
    (b) Purpose.--The purpose of this Act is to enable consumers to 
reduce their exposure to carcinogens by allowing manufacturers to affix 
a Carcinogen-Free label to products that do not contain known or 
probable carcinogens through a voluntary process that does not require 
public disclosure of trade secrets.

SEC. 3. CARCINOGEN-FREE LABELS.

    (a) In General.--The head of each Federal department or agency that 
regulates a covered product shall establish in that department or 
agency a program to permit the labeling of covered products that do not 
contain any carcinogens as ``Carcinogen-Free''.
    (b) Development of Label.--The heads of each Federal department or 
agency that regulates a covered product shall coordinate to develop an 
easily recognizable label to be affixed to a covered product to signify 
that the product has been approved for labeling as ``Carcinogen-Free''. 
Such label shall include the following notice: ``This product does not 
contain known or likely carcinogens that increase your risk of 
cancer.''.
    (c) Premarket Approval of Label.--
            (1) In general.--It shall be unlawful to introduce or offer 
        for introduction into interstate commerce a covered product 
        affixed with a ``Carcinogen-Free'' label described under 
        subsection (b)--
                    (A) if the head of each Federal department or 
                agency that regulates the product has not approved an 
                application submitted under paragraph (2) for the 
                labeling of the product as ``Carcinogen-Free''; or
                    (B) if the product contains any substance that is 
                not listed in such application.
            (2) Application.--Any person may submit an application for 
        the labeling of a covered product as ``Carcinogen-Free''. Such 
        application shall include a list of all the substances 
        contained within the product, and shall be accompanied by a 
        sample of the product.
            (3) Criteria for approval.--The head of each Federal 
        department or agency to which an application is submitted under 
        paragraph (2) shall approve the application if such head 
        determines that--
                    (A) the application accurately lists all substances 
                contained in the product;
                    (B) the product does not contain any carcinogens;
                    (C) the product does not contain any substances 
                that display carcinogenicity upon degradation, upon 
                interactions with other substances contained within the 
                product or exposed to the product, during storage or 
                transportation, or during intended use of the product, 
                as determined by such head based on previous findings 
                made by such department or agency; and
                    (D) the applicant has demonstrated a plan to comply 
                with guidance issued under subsection (e) relating to 
                manufacture, storage, and transportation.
            (4) Confidentiality of information.--Any information 
        provided to the head of a Federal department or agency under 
        paragraph (2)--
                    (A) shall be kept confidential by such department 
                or agency, and shall be treated as trade secrets or 
                confidential information for purposes of section 
                552(b)(4) of title 5, United States Code, and section 
                1905 of title 18, United States Code;
                    (B) may not be used for any purpose other than 
                approval of an application under this subsection; and
                    (C) may not be made public except with the prior 
                written consent of the applicant.
        Submission of an application under paragraph (2) does not 
        constitute disclosure of trade secrets by the applicant or 
        public disclosure for the determination of patentability, and 
        any information contained in an application may not be used as 
        prior art to a claimed invention.
            (5) Label integrity.--The head of each agency to which 
        applications are submitted under paragraph (2) shall--
                    (A) conduct random testing of covered products for 
                which applications are submitted for approval under 
                such paragraph to ensure that the applications 
                accurately list all the substances contained in such 
                products;
                    (B) conduct random audits of facilities in which 
                such covered products are manufactured; and
                    (C) take reasonable measures to ensure compliance 
                with agency guidance issued under subsection (e) 
                relating to manufacture, storage, and transportation of 
                such covered products.
            (6) Fees.--The head of each Federal department or agency 
        may charge a reasonable fee for the submission and approval of 
        an application under paragraph (2). The amount of such fee 
        shall be the amount necessary to result in an estimated total 
        revenue from all such fees received by the department or agency 
        that is equal to the estimated total cost of the program 
        established by the department or agency under subparagraph (a).
    (d) Penalty for Violations.--In addition to any other penalty 
authorized by law, any person who knowingly violates subparagraph (A) 
or (B) of subsection (c)(1) shall be subject to a civil penalty of not 
more than $100,000.
    (e) Guidance To Prevent Indirect Introduction of Carcinogens.--The 
head of each Federal department or agency that regulates a covered 
product shall issue guidance to prevent the introduction of carcinogens 
into such covered product during the manufacture, storage, and 
transportation of such covered product.
    (f) National List.--The head of each Federal department or agency 
that regulates a covered product shall each post on the public website 
of that department or agency a list of all covered products regulated 
by that department or agency that have been approved for labeling as 
``Carcinogen-Free''.
    (g) Definitions.--In this section:
            (1) Carcinogen.--The term ``carcinogen'' means any of the 
        following:
                    (A) A substance listed in the National Toxicology 
                Program Report on Carcinogens as known to be a human 
                carcinogen or reasonably anticipated to be a human 
                carcinogen.
                    (B) A substance described in the Environmental 
                Protection Agency Integrated Risk Information System as 
                carcinogenic to humans or likely to be carcinogenic to 
                humans.
            (2) Covered product.--The term ``covered product'' means 
        any product offered for sale that--
                    (A) is regulated by the Food and Drug 
                Administration, the Environmental Protection Agency, 
                the Department of Agriculture, or the Consumer Product 
                Safety Commission; and
                    (B) is intended for individual or residential use.

Summary: Carcinogen-Free Label Act of 2012 - Directs the head of each federal agency that regulates a covered product to establish a program to permit the labeling of such a product that does not contain any carcinogens as "Carcinogen-Free." Defines a "covered product" to mean any product offered for sale that is: (1) regulated by the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), the Department of Agriculture (USDA), or the Consumer Product Safety Commission (CPSC); and (2) intended for individual or residential use.

Requires such agency heads to coordinate to develop an easily recognizable label: (1) to be affixed to a covered product to signify that it has been approved for "Carcinogen-Free" labeling, and (2) to include a notice stating that "This product does not contain known or likely carcinogens that increase your risk of cancer."

Prohibits the introduction or offering for introduction into interstate commerce of a covered product affixed with a "Carcinogen-Free" label if: (1) the head of each federal agency that regulates the product has not approved an application for the labeling of the product as "Carcinogen-Free," or (2) the product contains any substance that is not listed in such application.

Sets forth requirements regarding: (1) application approval and confidentiality; (2) random testing of covered products, random audits of facilities in which such products are manufactured, and measures to ensure compliance with agency guidance; (3) application fees; and (4) penalties for violations.

Requires such agency heads to: (1) issue guidance to prevent the introduction of carcinogens into such product during its manufacture, storage, and transportation; and (2) post on the agency's public website a list of all covered products regulated by that agency that have been approved for labeling as "Carcinogen-Free."