National Uniformity for Food Act of 2004

Bill: 108-hr-2699
Sponsor: Rep. Burr, Richard [R-NC-5]
Introduced: 2003-07-10 in the House
Policy area: Agriculture and Food
Subjects: Administrative procedure
Administrative remedies
Civil Rights and Liberties, Minority Issues
Commerce
Consumer education
Department of Health and Human Services
Dietary supplements
Emergency Management
Federal preemption
Federal-state relations
Food safety
Government Operations and Politics
Health
Health warnings
Judicial review
Labeling
Law
Local laws
Packaging
Public service advertising
Right of petition
Standards
State laws

Summary:
action_date: 2003-07-10
text: 
National Uniformity for Food Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food that is not identical to specified FDCA provisions.
 
Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows current State notification or food safety requirements to continue for 180 days after the enactment of this Act, during which such State may petition for an exemption or a new national standard. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA, as amended by this Act, or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.
action_date: 2004-10-08
text: 
National Uniformity for Food Act of 2004 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect for any food in interstate commerce: (1) any requirement that is not identical to specified FDCA provisions (that would result in materially different requirements), including those related to adulterated foods, unsafe food additives, and new animal drugs; or (2) any notification requirement that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows current State notification or food safety requirements to continue for 180 days, during which such State may petition for an exemption or a new national standard.
 
Allows a State to petition for an exemption or to establish a national standard regarding any requirement under FDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows the Secretary of Health and Human Service to provide such an exemption if the requirement: (1) protects an important public interest that would otherwise be unprotected; (2) would not cause any food to be in violation of any Federal law; and (3) would not unduly burden interstate commerce. 
 
Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this Act if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met. 
Declares that this Act does not preempt State and local laws relating to freshness dating, open date labeling, grade labeling, a State inspection stamp, religious dietary labeling, organic or natural designation, returnable bottle labeling, unit pricing, a statement of geographic origin, or a consumer advisory relating to food sanitation imposed on a food establishment or recommended by the Secretary.

Legislative actions:
action_date: 2004-10-08
text: Placed on the Union Calendar, Calendar No. 475.
action_date: 2004-10-08
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-770.
action_date: 2004-10-08
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-770.
action_date: 2004-09-30
text: Ordered to be Reported (Amended) by the Yeas and Nays: 30 - 15.
action_date: 2003-07-23
text: Referred to the Subcommittee on Health.
action_date: 2003-07-10
text: Referred to the House Committee on Energy and Commerce.
action_date: 2003-07-10
text: Introduced in House
action_date: 2003-07-10
text: Introduced in House