HR 4167 · 109th Congress 2005–2007, ended

National Uniformity for Food Act of 2005

Fact sheet

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.

  1. IntroducedOct 27, 2005
  2. Passed HouseMar 8, 2006
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. 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 callQuestionResultDate
House 32Passed283–139Mar 8, 2006
House 31Failed170–254Mar 8, 2006
House 30Agreed to253–168Mar 8, 2006
House 29Failed161–259Mar 8, 2006
House 28Failed164–255Mar 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.

SeatCosponsorSigned on
D-MDAlbert Russell WynnOriginalOct 27, 2005
D-FLAllen BoydOriginalOct 27, 2005
R-FLAnder CrenshawOriginalOct 27, 2005
R-KYAnne M. NorthupOriginalOct 27, 2005
D-ALArtur DavisOriginalOct 27, 2005
R-WYBarbara CubinOriginalOct 27, 2005
D-TNBart GordonOriginalOct 27, 2005
D-KYBen ChandlerOriginalOct 27, 2005
D-MSBennie G. ThompsonOriginalOct 27, 2005
R-PABill ShusterOriginalOct 27, 2005
R-COBob BeauprezOriginalOct 27, 2005
D-NCBob EtheridgeOriginalOct 27, 2005
R-VABob GoodlatteOriginalOct 27, 2005
D-ILBobby L. RushOriginalOct 27, 2005
D-NYBrian HigginsOriginalOct 27, 2005

Actions 40

Everything that happened, newest first.

  1. Mar 9, 2006Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  2. Mar 8, 2006Considered as unfinished business. (consideration: CR H739-758; text of measure as reported in House: CR H739-741)
  3. 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.
  4. 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.
  5. 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.
  6. Mar 8, 2006DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment.
  7. Mar 8, 2006DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 20 minutes of debate on the Capps amendment.
  8. Mar 8, 2006DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 20 minutes of debate on the Cardoza amendment.
  9. Mar 8, 2006DEBATE - 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.".
  10. Mar 8, 2006Motion to reconsider laid on the table Agreed to without objection.
  11. Mar 8, 2006Mr. Stupak moved to recommit with instructions to Energy and Commerce.
  12. Mar 8, 2006On motion to recommit with instructions Failed by recorded vote: 170 - 254 (Roll no. 31). (consideration: CR H755-757; text: CR H755)
  13. Mar 8, 2006On passage Passed by recorded vote: 283 - 139 (Roll no. 32).
  14. Mar 8, 2006Passed/agreed to in House: On passage Passed by recorded vote: 283 - 139 (Roll no. 32).
  15. Mar 8, 2006POSTPONED 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.
  16. Mar 8, 2006POSTPONED 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.
  17. Mar 8, 2006POSTPONED 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.
  18. Mar 8, 2006POSTPONED 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.
  19. Mar 8, 2006Rule H. Res. 710 passed House.
  20. Mar 8, 2006The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
  21. Mar 8, 2006The House resolved into Committee of the Whole House on the state of the Union for further consideration.
  22. Mar 8, 2006The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4167.
  23. Mar 8, 2006UNFINISHED 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.
  24. Mar 7, 2006Rules 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.
  25. Mar 2, 2006Committee of the Whole House on the state of the Union rises leaving H.R. 4167 as unfinished business.
  26. Mar 2, 2006Considered under the provisions of rule H. Res. 702. (consideration: CR H530-539)
  27. Mar 2, 2006GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4167.
  28. Mar 2, 2006House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 702 and Rule XVIII.
  29. Mar 2, 2006Rule H. Res. 702 passed House.
  30. Mar 2, 2006Rule 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.
  31. Mar 2, 2006The Speaker designated the Honorable John Boozman to act as Chairman of the Committee.
  32. Mar 1, 2006Rules 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.
  33. Feb 28, 2006Placed on the Union Calendar, Calendar No. 208.
  34. Feb 28, 2006Reported by the Committee on Energy and Commerce. H. Rept. 109-379.
  35. Dec 15, 2005Committee Consideration and Mark-up Session Held.
  36. Dec 15, 2005Ordered to be Reported by the Yeas and Nays: 30 - 18.
  37. Nov 4, 2005Referred to the Subcommittee on Health.
  38. Nov 4, 2005Subcommittee on Health Discharged.
  39. Oct 27, 2005Introduced in House
  40. Oct 27, 2005Referred to the House Committee on Energy and Commerce.

Related bills 3

Companion bills and other measures the record links to this one.

Subjects

Assigned by the Library of Congress. Policy area: Agriculture and Food.

Text 2

Each version as it was printed, newest first.

  1. Feb 28, 2006Reported in House
  2. Oct 27, 2005Introduced in House

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