Personal Responsibility in Food Consumption Act

Bill: 108-hr-339
Sponsor: Rep. Keller, Ric [R-FL-8]
Introduced: 2003-01-27 in the House
Policy area: Law
Subjects: Advertising
Agriculture and Food
Beverages
Civil actions and liability
Commerce
Damages
Discovery (Law)
District courts
Evidence (Law)
Food industry
Food safety
Government Operations and Politics
Health
Injunctions
Jurisdiction
Obesity
Products liability
Soft drink industry
State courts
State laws
Trade associations
Warranties

Summary:
action_date: 2003-01-27
text: Personal Responsibility in Food Consumption Act - Shields the manufacturer, distributor, or seller of a food or non-alcoholic beverage product intended for human consumption from civil liability, relating to consumption of such products, in Federal or State court, unless the plaintiff proves that the product was not in compliance with applicable statutory and regulatory requirements at the time of sale.
action_date: 2004-03-05
text: 
Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a sale of food that is adulterated.
 
Requires: (1) a stay of discovery during the pendency of a motion to dismiss such an action, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay.

action_date: 2004-03-10
text: 
Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a violation under the Federal Trade Commission Act or the Federal Food, Drug, and Cosmetic Act.
 
Requires: (1) a stay of discovery during the pendency of a motion to dismiss an action described in clause 1 or 2 above, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay. Requires the complaint in an action described in clause 1 above to plead with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed. 


Legislative actions:
action_date: 2004-03-26
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 463.
action_date: 2004-03-25
text: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2004-03-11
text: Received in the Senate.
action_date: 2004-03-10
text: The title of the measure was amended. Agreed to without objection.
action_date: 2004-03-10
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-03-10
text: On passage Passed by the Yeas and Nays: 276 - 139 (Roll no. 54).
action_date: 2004-03-10
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 276 - 139 (Roll no. 54).
action_date: 2004-03-10
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2004-03-10
text: The previous question was ordered pursuant to the rule.
action_date: 2004-03-10
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 339.
action_date: 2004-03-10
text: POSTPONED VOTE - At the conclusion of debate on the Watt amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr Watt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2004-03-10
text: DEBATE - The Committee of the Whole proceeded with debate on the Watt amendment under the five-minute rule.
action_date: 2004-03-10
text: POSTPONED VOTE - At the conclusion of debate on the Jackson-Lee amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson-Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2004-03-10
text: DEBATE - The Committee of the Whole proceeded with debate on the Jackson-Lee amendment under the five-minute rule.
action_date: 2004-03-10
text: DEBATE - The Committee of the Whole proceeded with debate on the Jackson-Lee amendment under the five-minute rule.
action_date: 2004-03-10
text: DEBATE - The Committee of the Whole proceeded with debate on the Lampson amendment under the five-minute rule.
action_date: 2004-03-10
text: POSTPONED VOTE - At the conclusion of debate on the Ackerman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Ackerman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2004-03-10
text: DEBATE - The Committee of the Whole proceeded with debate on the Ackerman amendment under the five-minute rule.
action_date: 2004-03-10
text: DEBATE - The Committee of the Whole proceeded with debate on the Inslee amendment under the five-minute rule.
action_date: 2004-03-10
text: POSTPONED VOTE - At the conclusion of debate on the Andrews amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Andrews demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2004-03-10
text: DEBATE - The Committee of the Whole proceeded with debate on the Andrews amendment under the five-minute rule.
action_date: 2004-03-10
text: DEBATE - The Committee of the Whole proceeded with debate on the Watt amendment under the five-minute rule.
action_date: 2004-03-10
text: POSTPONED VOTE - At the conclusion of debate on the Scott (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2004-03-10
text: DEBATE - The Committee of the Whole proceeded with debate on the Scott (VA) amendment under the five-minute rule.
action_date: 2004-03-10
text: DEBATE - The Committee of the Whole proceeded with debate on the Sensenbrenner amendment under the five-minute rule.
action_date: 2004-03-10
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 339.
action_date: 2004-03-10
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 552 and Rule XVIII.
action_date: 2004-03-10
text: The Speaker designated the Honorable John Abney Culberson to act as Chairman of the Committee.
action_date: 2004-03-10
text: Rule provides for consideration of H.R. 339 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
action_date: 2004-03-10
text: Considered under the provisions of rule H. Res. 552. (consideration: CR H946-982; text of measure as reported in House: CR H953-954)
action_date: 2004-03-10
text: Rule H. Res. 552 passed House.
action_date: 2004-03-09
text: Rules Committee Resolution H. Res. 552 Reported to House. Rule provides for consideration of H.R. 339 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
action_date: 2004-03-05
text: Placed on the Union Calendar, Calendar No. 248.
action_date: 2004-03-05
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-432.
action_date: 2004-03-05
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-432.
action_date: 2004-03-04
text: Mr. DeLay asked unanimous consent that the Committee on Judiciary have until midnight on March 5 to file a report on H.R. 339. Agreed to without objection.
action_date: 2004-01-28
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2004-01-28
text: Committee Consideration and Mark-up Session Held.
action_date: 2003-06-19
text: Subcommittee Hearings Held.
action_date: 2003-05-19
text: Referred to the Subcommittee on Commercial and Administrative Law for purposes of hearing only (jurisdiction retained at Full Committee).
action_date: 2003-01-27
text: Referred to the House Committee on the Judiciary.
action_date: 2003-01-27
text: Introduced in House
action_date: 2003-01-27
text: Introduced in House