Sewage Sludge in Food Production Consumer Notification Act - Amends the Federal Food, Drug, and Cosmetic Act, the Egg Products Inspection Act, the Federal Meat Inspection Act, and the Poultry Products Inspection Act to deem as adulterated food that is: (1) produced on land on which sewage sludge was applied; (2) derived from poultry that were raised, or that consumed animal feed produced, on such land; and (3) derived from livestock that grazed, or consumed animal feed produced, on such land.
Permits exceptions if: (1) the application of sewage sludge ended more than one year before producing food, raising poultry, producing animal feed, or grazing livestock; (2) the food labeling includes notice that the product was produced on such land; or (3) a sign providing such notice is posted in close proximity to the product for those foods generally offered for sale without labeling.
States that nothing in this Act shall be construed to modify the prohibition on the use of sewage sludge in organic food production under the National Organic Program of the Department of Agriculture (USDA).
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 213 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 213
To amend the Food, Drug, and Cosmetic Act and the egg, meat, and
poultry inspection laws to ensure that consumers receive notification
regarding food products produced from crops, livestock, or poultry
raised on land on which sewage sludge was applied.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2013
Mr. Serrano introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Food, Drug, and Cosmetic Act and the egg, meat, and
poultry inspection laws to ensure that consumers receive notification
regarding food products produced from crops, livestock, or poultry
raised on land on which sewage sludge was applied.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sewage Sludge in Food Production
Consumer Notification Act''.
SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND ON
WHICH SEWAGE SLUDGE HAS BEEN APPLIED.
(a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.--
Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342)
is amended by adding at the end the following:
``(j)(1) Effective one year after the date of the enactment of the
Sewage Sludge in Food Production Consumer Notification Act, if it is a
food (intended for human consumption and offered for sale) that was
produced, or contains any ingredient that was produced, on land on
which sewage sludge was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the production of the food or ingredient on the land
commenced;
``(B) the food bears a label that clearly indicates
that the food, or an ingredient of the food, was
produced on land on which sewage sludge was applied; or
``(C) in the case of a raw agricultural commodity
or other food generally offered for sale without
labeling, a sign is posted within close proximity of
the food to notify consumers that the food, or an
ingredient of the food, was produced on land on which
sewage sludge was applied.
``(2) In this paragraph, the term `sewage sludge' has the meaning
given to such term in section 503.9(w) of title 40, Code of Federal
Regulations (or any successor regulations).''.
(b) Adulterated Food Under Egg Products Inspection Act.--Section 4
of the Egg Products Inspection Act (21 U.S.C. 1033) is amended--
(1) in paragraph (a)--
(A) by striking ``or'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; or''; and
(C) by adding at the end the following:
``(9) effective one year after the date of the enactment of
the Sewage Sludge in Food Production Consumer Notification Act,
if it is derived from poultry that were raised, or that
consumed animal feed produced, on land on which sewage sludge
was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the poultry began to be raised on the land or the date
on which the production of the animal feed on the land
commenced; or
``(B) the container bears a label that clearly
indicates that the egg or egg product was derived from
poultry that--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''; and
(2) by adding at the end the following new subsection:
``(aa) The term `sewage sludge' has the meaning given to such term
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342(j)(2)).''.
(c) Adulterated Food Under Federal Meat Inspection Act.--Section 1
of the Federal Meat Inspection Act (21 U.S.C. 601) is amended--
(1) in paragraph (m)--
(A) by striking ``or'' at the end of paragraph (8);
(B) by striking the period at the end of paragraph
(9) and inserting ``; or''; and
(C) by adding at the end the following:
``(10) effective one year after the date of the enactment
of the Sewage Sludge in Food Production Consumer Notification
Act, if it is derived from livestock that grazed, or consumed
animal feed produced, on land on which sewage sludge was
applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the livestock began grazing on the land or the date on
which the production of the animal feed on the land
commenced;
``(B) the carcass, part thereof, meat or meat food
product bears a label that clearly indicates that the
livestock--
``(i) grazed on land on which sewage sludge
was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied; or
``(C) in the case of a carcass, part thereof, meat
or meat food product generally offered for sale without
labeling, a sign is posted within close proximity of
the item to notify consumers that the livestock--
``(i) grazed on land on which sewage sludge
was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''; and
(2) by adding at the end the following new paragraph:
``(x) The term `sewage sludge' has the meaning given to such term
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342(j)(2)).''.
(d) Adulterated Food Under Poultry Products Inspection Act.--
Section 4 of the Poultry Products Inspection Act (21 U.S.C. 453) is
amended--
(1) in paragraph (g)--
(A) by striking ``or'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(9) effective one year after the date of the enactment of
the Sewage Sludge in Food Production Consumer Notification Act,
if it is derived from poultry that were raised, or that
consumed animal feed produced, on land on which sewage sludge
was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the poultry began to be raised on the land or the date
on which the production of the animal feed on the land
commenced;
``(B) the poultry product bears a label that
clearly indicates that the poultry contained in the
product--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied; or
``(C) in the case of a poultry product generally
offered for sale without labeling, a sign is posted
within close proximity of the item to notify consumers
that the poultry contained in the product--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''; and
(2) by adding at the end the following new paragraph:
``(cc) The term `sewage sludge' has the meaning given to such term
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342(j)(2)).''.
(e) Relation to National Organic Program.--
(1) In general.--Nothing in this section or the amendments
made by this section shall be construed to modify the
prohibition contained in part 205 of title 7, Code of Federal
Regulations, on the use of sewage sludge, including ash, grit,
or screenings from the production of sewage sludge, in organic
food production under the National Organic Program of the
Department of Agriculture.
(2) Definition.--In this subsection, the term ``sewage
sludge'' has the meaning given to such term in section 503.9(w)
of title 40, Code of Federal Regulations (or any successor
regulations), except that such term includes ash generated
during the firing of sewage sludge in a sewage sludge
incinerator or grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Livestock, Rural Development, and Credit.
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