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
House 27Agreed to417–0Mar 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.

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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