HR 4167 · 109th Congress 2005–2007, ended

National Uniformity for Food Act of 2005

Introduced Oct 27, 2005 Originated House Sponsor Mike Rogers R-MI

Fact sheet Spreadsheet

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 30On Agreeing to the AmendmentAgreed to253–168Mar 8, 2006

Yea 253

Nay 168

Not voting 11

House 29Failed161–259Mar 8, 2006
House 28Failed164–255Mar 8, 2006
Show all 6 votes

Cosponsors 226

Members who signed on, in the order they did. Signatures ran from Oct 27, 2005 to Dec 15, 2005; 158 are original cosponsors, there from 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
Show all 226 cosponsors

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Oct 27, 2005Markup Dec 15, 2005Reported Feb 28, 2006
Health Subcommittee
Referred Nov 4, 2005Discharged Nov 4, 2005
SenateHealth, Education, Labor, and Pensions Committee
Referred Mar 9, 2006

Actions 39

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, 2006Rule H. Res. 710 passed House.
  3. Mar 8, 2006Considered as unfinished business. (consideration: CR H739-758; text of measure as reported in House: CR H739-741)
  4. Mar 8, 2006The House resolved into Committee of the Whole House on the state of the Union for further consideration.
  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 Barton amendment.
Show all 39 actions

In the Congressional Record 5

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E467Betty McCollum D-MNMar 30, 2006
ExtensionsDebate and remarks E332, E336, E340Dennis Moore D-KS, John D. Dingell D-MI, John J.H. "Joe" Schwarz R-MIMar 9, 2006
HouseDebate and remarks H727–H736, H739–H758Text printed H727, H739–H741Amendments H734, H742, H744, H746, H747, H748, H751Motions H755Recorded votes H735, H753, H754, H756, H757Capps amendment (permit States to maintain or enact food warning laws that require notifications regarding health risks associated with sulfiting agents in bulk foods)Cardoza amendment (expedite consideration of petitions for adoption of warning requirements relative to health risks or information on children's exposure to certain harmful agents)consideration (H. Res. 710), previous questionenactStupak motion to recommit (allow States to require labeling of meat or fish packaged with carbon monoxide)Lists H730Organizations supporting H.R. 4167, National Uniformity for Food ActAllyson Y. Schwartz D-PA, Anna G. Eshoo D-CA, Bart Stupak D-MI (motion), Bob Etheridge D-NC, Collin C. Peterson D-MN, Debbie Wasserman Schultz D-FL (amendment), Dennis A. Cardoza D-CA (amendment), Dennis J. Kucinich D-OH, Earl Blumenauer D-OR, Fortney Pete Stark D-CA, George Radanovich R-CA, Gil Gutknecht R-MN, Henry A. Waxman D-CA (amendment), Henry E. Brown, Jr. R-SC, Janice D. Schakowsky D-IL, Jay Inslee D-WA, Jim Cooper D-TN, Joe Barton R-TX (amendment), Lee Terry R-NE, Lois Capps D-CA (amendment), Louise McIntosh Slaughter D-NY (amendment), Maurice D. Hinchey D-NY, Mike Rogers R-MI (amendment), Nancy Pelosi D-CA, Nathan Deal R-GA, Paul E. Gillmor R-OH, Phil Gingrey R-GA, Robert E. Andrews D-NJ, Rush Holt D-NJ, Steve King R-IAMar 8, 2006
HouseDebate and remarks H574Bart Stupak D-MIMar 7, 2006
HouseDebate and remarks H521–H529, H530–H539Text printed H521Amendments H527Motions H528Recorded votes H528consideration (H. Res. 702), previous questionLists H522Organizations supporting H.R. 4167, National Uniformity for Food ActAllen Boyd D-FL, Anna G. Eshoo D-CA, Bart Stupak D-MI, Bob Goodlatte R-VA, Collin C. Peterson D-MN, David Wu D-OR, Dennis J. Kucinich D-OH, Dennis Moore D-KS, Doris O. Matsui D-CA (amendment), Frank Pallone, Jr. D-NJ, Fred Upton R-MI, Gene Green D-TX, Henry A. Waxman D-CA, Jim McDermott D-WA, Joe Wilson R-SC, Mark Udall D-CO, Marsha Blackburn R-TN, Mike Rogers R-MI, Nancy Pelosi D-CA, Nathan Deal R-GA, Phil Gingrey R-GA (motion), Rosa L. DeLauro D-CT, Sanford D. Bishop, Jr. D-GAMar 2, 2006

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Feb 27, 2006H.R. 4167, National Uniformity for Food Act of 2005<p>Cost estimate for the bill aS ordered reported by the House Committee on Energy and Commerce on December 15, 2005</p>
  2. Feb 27, 2006H.R. 4167, National Uniformity for Food Act of 2005Cost estimate for the bill aS ordered reported by the House Committee on Energy and Commerce on December 15, 2005

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
S. Hrg. 109-741S. 3128: THE NATIONAL UNIFORMITY FOR FOOD ACT137 pagesHealth, Education, Labor, and Pensions CommitteeJul 27, 2006

Amendments 6

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 680An amendment numbered 1 printed in House Report 109-386 to delete section (f) from 403B; insert in 403A a new clause clarifying when states may act to implement food adulteration standards in absence of a federal adulteration standard for a particular food. Under the amendment,if the FDA has established a federal adulteration or food tolerance standard the state must enforce that standard. If the FDA has considered and officially rejected a federal standard then states may not enforce requirements rejected by the Secretary. However, if the Secretary has not acted to establish a standard or rejected a standard then a state could establish its own adulteration or tolerance standard without having to petition or seek approval from the FDA. Also clarifies that uniformity in notification requirements for warnings does not apply to warnings related to dietary supplements.Joe Barton R-TXOn agreeing to the Barton (TX) amendment (A001) Agreed to by voice vote.
HAmdt 681An amendment numbered 2 printed in House Report 109-386 to provide for expedited consideration of state petitions that seek adoption of national warning requirements or exemptions from uniformity for state warning requirements in three cases: (1) where the requested warning relates to cancer-causing agents; (2) where the requested warning related to reproductive effects or birth defects; and (3) where the requested warning is intended 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.Dennis A. Cardoza D-CAOn agreeing to the Cardoza amendment (A002) Agreed to by recorded vote: 417 - 0 (Roll no. 27).
HAmdt 682An amendment numbered 3 printed in House Report 109-386 to state that the changes of law made by this legislation will not take effect until after the Secretary of Health and Human Services certifies to the Congress, after consultation with the Secretary of Homeland Security, that the implementation of the legislation will pose no additional risk to the public health or safety from terrorist attacks relating to the food supply.Mike Rogers R-MIOn agreeing to the Rogers (MI) amendment Agreed to by voice vote.
HAmdt 683An amendment numbered 4 printed in House Report 109-386 to limit the scope of H.R. 4167 in order to preserve state authorities that help defend and respond to bioterrorism attacks. Specifically, when a Governor or state legislature certifies that a state authority is useful inestablishing or maintaining a food supply that is adequately protected frombioterrorism attack, the state authority is not affected by the Act.Henry A. Waxman D-CAOn agreeing to the Waxman amendment (A004) Failed by recorded vote: 164 - 255 (Roll no. 28).
HAmdt 684An amendment numbered 5 printed in House Report 109-386 to permit states to maintain or enact food warning laws that require notifications regarding the risks of cancer, birth defects, reproductive health issues, and allergic reactions associated with sulfiting agents in bulk foods. Also permits states to maintain or enact food warning laws notifying parents of the risks of cancer, reproductive or developmental toxins, and food borne pathogens associated with certain foods, as well as laws governing food safety standards and tolerance levels related to limiting children's exposure to these risks.Lois Capps D-CAOn agreeing to the Capps amendment (A005) Failed by recorded vote: 161 - 259 (Roll no. 29).
Show all 6 amendments

Related bills 3

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

BillTitleRelationshipLatest action
HRES 702Providing 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 relatedMar 2, 2006
HRES 710Providing 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 relatedMar 8, 2006
S 3128National Uniformity for Food Act of 2006Related billJul 27, 2006

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Federal Food, Drug, and Cosmetic Act to provide for uniform food safety warning notification requirements, and for other purposes.
Short Titles as Introduced
National Uniformity for Food Act of 2005
Short Titles as Reported to House
National Uniformity for Food Act of 2005
Short Titles as Passed House
National Uniformity for Food Act of 2005

Subjects

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

Text 4

Each version as it was printed, newest first.

  1. Mar 9, 2006Referred in Senate
  2. Mar 8, 2006Engrossed in House
  3. Feb 28, 2006Reported in House
  4. Oct 27, 2005Introduced in House

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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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.