National Uniformity for Food Act of 2005
Latest action · Mar 9, 2006 Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedOct 27, 2005
- Passed HouseMar 8, 2006
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Recorded votes 6
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 32 | On Passage | Passed283–139 | Mar 8, 2006 |
| House 31 | On Motion to Recommit with Instructions | Failed170–254 | Mar 8, 2006 |
| House 30 | On Agreeing to the Amendment | Agreed to253–168 | Mar 8, 2006 |
| House 29 | On Agreeing to the Amendment | Failed161–259 | Mar 8, 2006 |
| House 28 | On Agreeing to the Amendment | Failed164–255 | Mar 8, 2006 |
Cosponsors 226
Members who signed on, in the order they did. Signatures ran from Oct 27, 2005 to Dec 15, 2005, with 158 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-MD | Albert Russell Wynn | Original | Oct 27, 2005 |
| D-FL | Allen Boyd | Original | Oct 27, 2005 |
| R-FL | Ander Crenshaw | Original | Oct 27, 2005 |
| R-KY | Anne M. Northup | Original | Oct 27, 2005 |
| D-AL | Artur Davis | Original | Oct 27, 2005 |
| R-WY | Barbara Cubin | Original | Oct 27, 2005 |
| D-TN | Bart Gordon | Original | Oct 27, 2005 |
| D-KY | Ben Chandler | Original | Oct 27, 2005 |
| D-MS | Bennie G. Thompson | Original | Oct 27, 2005 |
| R-PA | Bill Shuster | Original | Oct 27, 2005 |
| R-CO | Bob Beauprez | Original | Oct 27, 2005 |
| D-NC | Bob Etheridge | Original | Oct 27, 2005 |
| R-VA | Bob Goodlatte | Original | Oct 27, 2005 |
| D-IL | Bobby L. Rush | Original | Oct 27, 2005 |
| D-NY | Brian Higgins | Original | Oct 27, 2005 |
Actions 40
Everything that happened, newest first.
- Mar 9, 2006Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Mar 8, 2006Considered as unfinished business. (consideration: CR H739-758; text of measure as reported in House: CR H739-741)
- Mar 8, 2006DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Barton amendment.
- Mar 8, 2006DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Rogers (MI) amendment.
- Mar 8, 2006DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Wasserman Schultz amendment.
Related bills 3
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 702 | Providing for consideration of the bill (H.R. 4167) to amend the Federal Food, Drug, and Cosmetic Act to provide for uniform food safety warning notification requirements, and for other purposes. | Procedurally related | Mar 2, 2006 |
| HRES 710 | Providing for further consideration of the bill (H.R. 4167) to amend the Federal Food, Drug, and Cosmetic Act to provide for uniform food safety warning notification requirements, and for other purposes. | Procedurally related | Mar 8, 2006 |
| S 3128 | National Uniformity for Food Act of 2006 | Related bill | Jul 27, 2006 |
Subjects
Assigned by the Library of Congress. Policy area: Agriculture and Food.
- Administrative procedure
- Administrative remedies
- Agriculture and Food
- 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
Text 2
Each version as it was printed, newest first.
- Feb 28, 2006Reported in House
- Oct 27, 2005Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.