National Uniformity for Food Act of 2005

Bill: 109-hr-4167
Sponsor: Rep. Rogers, Mike J. [R-MI-8]
Introduced: 2005-10-27 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: 2005-10-27
text: 
National Uniformity for Food Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) 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 FFDCA 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 FFDCA provisions. 
 
Allows a state to petition for an exemption or to establish a national standard regarding any requirement under FFDCA 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 FFDCA 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 certain state and local laws relating to labeling or a consumer advisory relating to food sanitation imposed on a food establishment or recommended by the Secretary.
action_date: 2006-02-28
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
National Uniformity for Food Act of 2005 - (Sec. 2) Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) 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 FFDCA 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 FFDCA 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 FFDCA 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 FFDCA 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.
action_date: 2006-03-08
text: 
National Uniformity for Food Act of 2005 - (Sec. 2) Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) 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 FFDCA provisions (that does not have substantially the same language and the differences would result in the imposition of 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 FFDCA provisions. Allows: (1) a state or political subdivision to enforce a state law that contains a requirement that is identical to a requirement in such FFDCA provisions unless the Secretary of Health and Human Services has considered a proposal for, and published a determination not to promulgate, a regulation relating to such requirement; and (2) 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 FFDCA 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. Requires the Secretary to expedite consideration of such a petition that involves a notification requirement to warn of cancer or reproductive or birth defects or to provide information that will allow parents or guardians to understand, monitor, or limit a child's exposure to cancer-causing agents or reproductive or developmental toxins.
 
Allows a state to establish a requirement that would otherwise violate FFDCA 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, dietary supplements, or a consumer advisory relating to food sanitation imposed on a food establishment or recommended by the Secretary. 
(Sec. 3) Provides that this Act only takes effect if the Secretary certifies to Congress that its implementation will pose no additional risk to the public health or safety from terrorists attacks relating to the food supply. 
(Sec. 4) Excludes from the scope of this Act any state law, regulation, proposition, or other action that establishes a notification requirement regarding the presence or potential effects of mercury in fish and shellfish.

Legislative actions:
action_date: 2006-03-09
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2006-03-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-03-08
text: On passage Passed by recorded vote: 283 - 139 (Roll no. 32).
action_date: 2006-03-08
text: Passed/agreed to in House: On passage Passed by recorded vote: 283 - 139 (Roll no. 32).
action_date: 2006-03-08
text: On motion to recommit with instructions Failed by recorded vote: 170 - 254 (Roll no. 31). (consideration: CR H755-757; text: CR H755)
action_date: 2006-03-08
text: DEBATE - The House proceeded with 10 minutes of debate on the Stupak motion to recommit with instructions. Instructions contained within the motion sought to report the bill back to the House with an amendment on page 4, beginning on line 1, to strike "Except as provided in subsections (c) and (d)," and insert "Except as provided in paragraph (4) and subsections (c) and (c),". and on page 5, after line 16, inserting "(4) NOTIFICATION REGARDING TREATMENT OF MEAT, POULTRY, OR FISH WITH CARBON MONOXIDE.--Paragraph (1) does not apply to a notification described in such paragraph if the notification concerns meat, poultry, or fish and warns that such food has been treated with carbon monoxide.".
action_date: 2006-03-08
text: Mr. Stupak moved to recommit with instructions to Energy and Commerce.
action_date: 2006-03-08
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2006-03-08
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4167.
action_date: 2006-03-08
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2006-03-08
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Wasserman Schulz amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Deal 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: 2006-03-08
text: DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Wasserman Schultz amendment.
action_date: 2006-03-08
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Capps amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mrs. Capps 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: 2006-03-08
text: DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 20 minutes of debate on the Capps amendment.
action_date: 2006-03-08
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Waxman 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: 2006-03-08
text: DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment.
action_date: 2006-03-08
text: DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Rogers (MI) amendment.
action_date: 2006-03-08
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Cardoza amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Cardoza 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: 2006-03-08
text: DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 20 minutes of debate on the Cardoza amendment.
action_date: 2006-03-08
text: DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Barton amendment.
action_date: 2006-03-08
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2006-03-08
text: Considered as unfinished business. (consideration: CR H739-758; text of measure as reported in House: CR H739-741)
action_date: 2006-03-08
text: Rule H. Res. 710 passed House.
action_date: 2006-03-07
text: Rules Committee Resolution H. Res. 710 Reported to House. Rule provides for consideration of H.R. 4167. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2006-03-02
text: Committee of the Whole House on the state of the Union rises leaving H.R. 4167 as unfinished business.
action_date: 2006-03-02
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4167.
action_date: 2006-03-02
text: The Speaker designated the Honorable John Boozman to act as Chairman of the Committee.
action_date: 2006-03-02
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 702 and Rule XVIII.
action_date: 2006-03-02
text: Rule provides for consideration of H.R. 4167 with 1 hour of general debate. The rule waives all points of order against consideration of the bill. Therule provides that after general debate the Committee of the Whole shall rise without motion and no further consideration of the bill shall be in order except by a subsequent order of the House.
action_date: 2006-03-02
text: Considered under the provisions of rule H. Res. 702. (consideration: CR H530-539)
action_date: 2006-03-02
text: Rule H. Res. 702 passed House.
action_date: 2006-03-01
text: Rules Committee Resolution H. Res. 702 Reported to House. Rule provides for consideration of H.R. 4167 with 1 hour of general debate. The rule waives all points of order against consideration of the bill. Therule provides that after general debate the Committee of the Whole shall rise without motion and no further consideration of the bill shall be in order except by a subsequent order of the House.
action_date: 2006-02-28
text: Placed on the Union Calendar, Calendar No. 208.
action_date: 2006-02-28
text: Reported by the Committee on Energy and Commerce. H. Rept. 109-379.
action_date: 2006-02-28
text: Reported by the Committee on Energy and Commerce. H. Rept. 109-379.
action_date: 2005-12-15
text: Ordered to be Reported by the Yeas and Nays: 30 - 18.
action_date: 2005-12-15
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-11-04
text: Subcommittee on Health Discharged.
action_date: 2005-11-04
text: Referred to the Subcommittee on Health.
action_date: 2005-10-27
text: Referred to the House Committee on Energy and Commerce.
action_date: 2005-10-27
text: Introduced in House
action_date: 2005-10-27
text: Introduced in House