Accurate Labels Act
This bill restricts the authority of state and federal agencies to establish or enforce labeling requirements with respect to the chemical composition of, or radiation emitted by, consumer products. Specifically, such requirements (1) must exempt nonfunctional or naturally occurring substances; (2) must exempt the inclusion of trade secrets; (3) may not preclude the delivery of certain supplemental or clarifying information; (4) shall not apply to a substance if the concentration of the substance in the product is below a specified level; (5) shall not apply, with respect to the emission of radiation, if the level of emission is below a specified level; (6) must allow for certain information to be communicated to consumers electronically or digitally; and (7) must be risk based and meet other specified standards.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6044 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6044
To amend the Fair Packaging and Labeling Act to require that Federal
and State mandated information declarations and labeling requirements
applicable to the chemical composition of, and radiation emitted by,
consumer products meet minimum scientific standards to deliver accurate
and clear information, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2020
Mr. Kinzinger (for himself and Mr. Schrader) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Fair Packaging and Labeling Act to require that Federal
and State mandated information declarations and labeling requirements
applicable to the chemical composition of, and radiation emitted by,
consumer products meet minimum scientific standards to deliver accurate
and clear information, and for other purposes.
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 ``Accurate Labels Act''.
SEC. 2. STANDARD FOR PRODUCT LABELING INFORMATION REGARDING CHEMICAL
COMPOSITION AND RADIATION.
(a) In General.--The Fair Packaging and Labeling Act (15 U.S.C.
1451 et seq.) is amended by adding at the end the following:
``SEC. 14. STANDARD FOR PRODUCT LABELING INFORMATION REGARDING CHEMICAL
COMPOSITION AND RADIATION.
``(a) Definitions.--In this section:
``(1) Best available science.--The term `best available
science' means science--
``(A) that is conducted in accordance with sound
and objective scientific practices;
``(B) the findings and underlying data of which
are--
``(i) reliable; and
``(ii) if available, peer-reviewed; and
``(C) that uses data that is collected by--
``(i) an accepted method; or
``(ii) the best available method if the
reliability of the method and the nature of the
decision to which the method applies justifies
the use of the data.
``(2) Constituent.--The term `constituent' means any
organic or inorganic chemical substance of a particular
molecular identity.
``(3) Consumer product.--The term `consumer product' has
the meaning given the term in section 3(a) of the Consumer
Product Safety Act (15 U.S.C. 2052(a)).
``(4) Covered declaration requirement.--The term `covered
declaration requirement' means a legally enforceable
requirement that--
``(A) requires a responsible person to display or
communicate covered information to a consumer; and
``(B) may be provided through--
``(i) a statement;
``(ii) a notice;
``(iii) a caution;
``(iv) a warning;
``(v) a symbol;
``(vi) a pictogram;
``(vii) a vignette;
``(viii) packaging information;
``(ix) an insert;
``(x) a sign;
``(xi) a pamphlet;
``(xii) an instruction;
``(xiii) a list of ingredients;
``(xiv) ingredient declaration information;
``(xv) a database;
``(xvi) an internet website; or
``(xvii) other media, including social
media.
``(5) Covered information.--
``(A) In general.--The term `covered information'
means information that--
``(i) relates to--
``(I) a product constituent; or
``(II) radiation emitted by a
covered product; and
``(ii) expressly or by implication conveys
a claim regarding or characterizing the
relationship between any constituent or
radiation and--
``(I) a disease;
``(II) a toxicological endpoint; or
``(III) a health-related condition.
``(B) Implied claims.--For the purposes of
subparagraph (A)(ii), an implied claim includes a
situation in which an item described in clause (i),
(v), (vi), (vii), or (xvii) of paragraph (4)(B)
suggests, within the context in which the item is
presented, that a relationship exists between the
presence or level of a constituent in a covered
product, or the level of exposure to a constituent,
and--
``(i) a disease;
``(ii) a health-related condition; or
``(iii) the likelihood of a health-related
condition.
``(6) Covered product.--The term `covered product'--
``(A) means--
``(i) a consumer product; or
``(ii) a consumer commodity; and
``(B) includes any packaging with respect to a
consumer product or consumer commodity described in
clause (i) and (ii) of subparagraph (A), respectively.
``(7) De minimis risk level.--The term `de minimis risk
level' means--
``(A) a level of risk that is based on the best
available science and the weight of the evidence;
``(B) with respect to a constituent or radiation
that is a carcinogen, that the level of risk described
in subparagraph (A)--
``(i) is determined based on a safety
evaluation that includes non-linear modeling
approaches that are consistent with available
data and scientific understanding of endogenous
exposures and a mode of action in lieu of, or,
at a minimum, in addition to, a linear default
method;
``(ii) takes into consideration factors
that include the weight of the evidence, data
quality and study reliability, the nature and
severity of any health effects involved, the
size of any sensitive population that is at
risk with respect to the constituent or
radiation, as applicable, and the kind and
degree of any relevant scientific
uncertainties; and
``(iii) after applying the principles
described in clauses (i) and (ii)--
``(I) if the likely operative
cancer mode of action with respect to
the constituent or radiation supports
use of a linear default model, is the
level of exposure to the constituent or
radiation every day for 70 years that
would result in a not greater than 1 in
100,000 chance of developing cancer for
an individual who is exposed to the
constituent or radiation; and
``(II) if the likely operative
cancer mode of action with respect to
the constituent or radiation is non-
linear, is the level of exposure to the
constituent or radiation every day for
70 years that would result in a not
greater than 1 in 1,000 chance of
developing cancer for an individual who
is exposed to the constituent or
radiation; and
``(C) with respect to a constituent or radiation
that is a systemic toxicant, including a reproductive
or developmental toxicant, the level of exposure to the
constituent or radiation, as applicable, that would
result in a not greater than 1 in 1,000 chance of a
significant adverse health impact.
``(8) Naturally occurring.--The term `naturally occurring'
means, with respect to a constituent and a covered product,
that the constituent occurs in--
``(A) any plant, animal, or microorganism, or any
raw material or a constituent derived from a plant,
animal, or microorganism, that composes or is a part of
the covered product; and
``(B) the covered product because of--
``(i)(I) activity that is authorized
pursuant to regulation or permitting; or
``(II) human activity; and
``(ii) any physical processing,
preparation, or packaging of--
``(I) a plant, animal, or
microorganism; or
``(II) any raw material or
constituent derived from an entity
described in subclause (I).
``(9) Non-functional constituent.--The term `non-functional
constituent' means, with respect to a covered product, any
constituent--
``(A) that--
``(i) is an incidental component, at
insignificant levels, of an ingredient of the
covered product;
``(ii) is, at insignificant levels, a
breakdown product of an ingredient of the
covered product;
``(iii) is a byproduct of the manufacturing
process with respect to the covered product;
``(iv) has not been intentionally added as
a separate substance during the manufacturing
process with respect to the covered product;
and
``(v) serves no technical or functional
effect with respect to the covered product; and
``(B) the presence of which does not endanger
public health.
``(10) Product constituent.--The term `product constituent'
means a chemical or chemical substance that--
``(A) comprises a covered product (or a component
of, or material with respect to, a covered product) in
whole or part; and
``(B) is present in a covered product as--
``(i) part of a specified set of
ingredients; or
``(ii) a non-functional constituent.
``(11) Radiation.--
``(A) In general.--The term `radiation' means--
``(i) electromagnetic radiation, including
the entire electromagnetic spectrum of
radiation of any wavelength; and
``(ii) radiation from naturally occurring
radioactive elements, including--
``(I) uranium, thorium, and
potassium;
``(II) any radioactive decay
products of an element described in
subclause (I), trace concentrations of
which may occur in materials such as
stone or granite; and
``(III) any other naturally
occurring radioactive material.
``(B) Electromagnetic spectrum.--For the purposes
of subparagraph (A), the electromagnetic spectrum of
radiation includes gamma rays, x-rays, ultraviolet
rays, visible rays, infrared rays, microwaves,
radiowaves, and low frequency radiation.
``(12) Responsible person.--The term `responsible person'
means--
``(A) the manufacturer, distributor, retailer, or
packager of a covered product that is subject to a
covered declaration requirement; and
``(B) the supplier of any constituent, component,
material, chemical or chemical substance, food, or
packaging to an entity described in subparagraph (A).
``(13) Risk-based.--The term `risk-based' means, with
respect to a covered declaration requirement or a de minimis
risk level, that the requirement or risk level, as applicable,
is based on--
``(A) the likelihood and degree of injury;
``(B) the integration and assessment of
information, including data, regarding hazards
resulting from specific exposures of 1 or more
constituents in, or radiation in or emitted from, a
covered product; and
``(C) the recognition of a mode of action within a
systematic compilation of scientific data that, within
a structured framework, supports a hypothesized,
biologically plausible pathway.
``(14) Trade secret.--The term `trade secret' has the
meaning given the term in section 1839 of title 18, United
States Code.
``(15) Weight of the evidence.--The term `weight of the
evidence' means a systematic review method, applied in a manner
that is suited to the nature of evidential information or the
decision to which the method applies, that uses a pre-
established protocol to--
``(A) comprehensively, objectively, transparently,
and consistently identify and evaluate each stream of
evidential information, including the strengths,
limitations, and relevance of any study that is the
basis for that evidential information; and
``(B) integrate evidence as necessary and
appropriate based on the strengths, limitations, and
relevance described in subparagraph (A).
``(b) Prohibition.--
``(1) In general.--Unless specifically authorized by a
Federal statute, no department or agency of the Federal
Government, State, political subdivision of a State, or
territory or possession of the United States may establish or
maintain a covered declaration requirement unless the covered
declaration requirement satisfies the standards under paragraph
(2).
``(2) Standards for covered declaration requirements.--
``(A) In general.--A covered declaration
requirement shall satisfy each of the following:
``(i) The covered information to be
displayed or communicated--
``(I) is clear, accurate, and not
misleading or deceptive to consumers
with respect to the product to which
the covered declaration requirement
applies; and
``(II) is consistent with the
requirements under section 5 of the
Federal Trade Commission Act (15 U.S.C.
45).
``(ii) The covered information to be
displayed or communicated is--
``(I) risk-based; and
``(II) based on--
``(aa) the best available
science; and
``(bb) appropriate weight
of the evidence review.
``(iii) The covered declaration requirement
exempts non-functional constituents.
``(iv) The covered declaration requirement
exempts naturally occurring constituents.
``(v) The covered declaration requirement--
``(I) exempts the inclusion of
trade secrets; and
``(II) does not otherwise require
the disclosure of information described
in section 552(b)(4) of title 5, United
States Code.
``(vi) The covered declaration requirement
does not preclude the inclusion or delivery of
supplemental or clarifying information in the
covered declaration requirement with respect to
a covered product by a responsible person, if
that information is--
``(I) clear and accurate; and
``(II) otherwise consistent with
the requirements under section 5 of the
Federal Trade Commission Act (15 U.S.C.
45), as in effect on the date of
enactment of this section.
``(vii) Any requirement with respect to a
product constituent or the composition of a
product allows a responsible person to--
``(I) subject to clause (v), list
ingredients in descending order of
predominance;
``(II) subject to clause (v) and
subparagraph (C), list, in any order,
any ingredients that are present in low
concentrations; and
``(III) name constituents using any
internationally recognized nomenclature
system.
``(B) Burden of demonstrating compliance with
federal standard.--
``(i) In general.--Any entity described in
paragraph (1) that brings an action to enforce
a covered disclosure requirement enacted by the
entity, or that is a party to a civil action
brought under subsection (d) with respect to a
covered disclosure requirement enacted by the
entity, shall have the burden of establishing
by a preponderance of the evidence in the
action that the covered disclosure requirement
enacted by the entity satisfies subparagraphs
(A) and (C).
``(ii) Preemption in the event of failure
to meet burden.--If, in an action described in
clause (i), an entity described in that clause
fails to meet the burden of the entity required
under that clause, the responsible person
against which the entity sought to enforce a
covered disclosure requirement enacted by the
entity, or that brought the civil action with
respect to a covered disclosure requirement
enacted by the entity, shall not be subject to
the covered disclosure requirement enacted by
the entity.
``(C) No covered declaration required.--A covered
declaration requirement is not required with respect to
a covered product if--
``(i) with respect to a constituent, the
concentration of the constituent in the covered
product is below 0.1 percent; and
``(ii) with respect to the emission of
radiation, the level of emission by the covered
product is below the risk-based de minimis risk
level established by the Commission.
``(c) Additional Declaration Options.--If a department or agency of
the Federal Government, a State government, a political subdivision of
a State, or a territory or possession of the United States requires a
responsible person to display or communicate covered information to a
consumer regarding a covered product, that governmental entity shall
authorize the responsible person with respect to a covered product to
meet the requirements under subsection (b)(2), including by allowing
for the omission of information under subsection (b)(2)(C), by
communicating the covered information to the consumer through an
electronic or digital declaration method that ensures that--
``(1) information is provided on the accompanying package
of the covered product that identifies or otherwise indicates--
``(A) an electronic or digital link that--
``(i) shall--
``(I) provide access to information
about the composition of the covered
product through an internet website or
other landing page;
``(II) be accompanied by--
``(aa) the statement `Scan
here for more'; or
``(bb) equivalent language
that reflects technological
changes;
``(III) provide access to the
covered information by means of a
mobile device, internet website, or
other landing page;
``(IV) include the telephone number
described in subparagraph (B); and
``(V) be of a sufficient size to be
easily and effectively scanned or read
by a digital device; and
``(ii) subject to paragraph (2), may not
collect, analyze, or sell any personally
identifiable information about--
``(I) individuals who access--
``(aa) the electronic or
digital link; or
``(bb) the telephone number
described in subparagraph (B);
or
``(II) the devices of individuals
who access the electronic or digital
link; and
``(B) a telephone number that shall--
``(i) provide access to additional
information about the composition of the
product; and
``(ii) be accompanied with the statement
`Call for more information about the
composition of this product'; and
``(2) if, under other provisions of this Act, information
described in paragraph (1)(A)(ii) is required to be collected
under paragraph (1), that information--
``(A) shall be deleted by the responsible person as
soon as practicable after fulfilling the required
purpose under this Act with respect to the information;
and
``(B) may not be used for any other purpose by the
responsible person.
``(d) Private Civil Actions.--
``(1) In general.--
``(A) Authority to bring suit.--Any responsible
person that is subject to a covered declaration
requirement, is otherwise required to display or
communicate to a consumer covered information about a
covered product, or is, or may be, subject to an
enforcement action with respect to that requirement by
a State or a political subdivision of a State, may
bring a civil action in an appropriate district court
of the United States against that State (or any private
entity that is authorized to bring an enforcement
action on behalf of that State) or that political
subdivision, as applicable, if the requirement of the
State or political subdivision does not comply with the
requirements under subsections (b) and (c).
``(B) Timing.--For the purposes of subparagraph
(A), a responsible person shall be considered to be
subject to an enforcement action beginning on the date
on which a State, or a political subdivision of a
State, as applicable, enacts a law or promulgates a
regulation that maintains or imposes a covered
declaration requirement, without regard to--
``(i) the date on which--
``(I) compliance is mandated under
the law or regulation, as applicable;
or
``(II) enforcement of the law or
regulation, as applicable, begins; or
``(ii) any exemption or exclusion that the
responsible person may invoke with respect to
compliance with the law or regulation, as
applicable.
``(2) Remedies.--In a civil action brought under paragraph
(1), a court may grant an injunction to prevent any actual or
threatened harm to a responsible person or interstate
commerce.''.
(b) Applicability to Other Laws.--
(1) Effect on state laws generally.--No State, or any
political subdivision of a State, may impose a requirement or
prohibition with respect to information, warning, and labeling
requirements applicable to consumer commodities or consumer
products that is in addition to, or different than, the
requirements under section 14 of the Fair Packaging and
Labeling Act, as added by subsection (a).
(2) Further requirements.--
(A) Definition.--In this paragraph, the term
``responsible person'' has the meaning given the term
in section 14(a) of the Fair Packaging and Labeling
Act, as added by subsection (a).
(B) Condition.--A fee, fine, penalty, attorney's
fee, or other cost may only be assessed against a
responsible person by a State, or a private entity that
is authorized to bring an enforcement action on behalf
of a State, if the State or the private entity, as
applicable, has satisfied the requirements under
section 14(b)(2)(B) of the Fair Packaging and Labeling
Act, as added by subsection (a).
(3) Rule of construction regarding allergen declarations.--
Nothing in this Act, or in the amendments made by this Act, may
be construed as amending, altering, or otherwise affecting the
requirements under the Food Allergen Labeling and Consumer
Protection Act of 2004 (Public Law 108-282; 118 Stat. 905).
(c) Savings.--
(1) Clarification of no preemption.--Notwithstanding any
other provision of this Act, nothing in this Act or section 14
of the Fair Packaging and Labeling Act, as added by subsection
(a), shall preempt or preclude any cause of action arising from
exposure to a chemical substance or mixture for personal
injury, wrongful death, property damage, or other injury based
on negligence, strict liability, or products liability under
any State law, maritime law, or Federal common law or statutory
theory.
(2) No effect on certain private remedies.--
(A) In general.--In any action described in
paragraph (1), any demonstration of satisfying, or not
satisfying, the standards set out in this Act or
section 14 of the Fair Packaging and Labeling Act, as
added by subsection (a), shall not be interpreted, in
either the plaintiff's or defendant's favor, as
dispositive in that action.
(B) Authority of courts.--This Act or section 14 of
the Fair Packaging and Labeling Act, as added by
subsection (a), does not affect the authority of any
court to make a determination in an adjudicatory
proceeding under applicable State or Federal law with
respect to the admission into evidence or any other use
of this Act or section 14 of the Fair Packaging and
Labeling Act, as added by subsection (a).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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