Food Irradiation Safety and Labeling Requirement Act of 1989

Food Irradiation Safety and Labeling Requirement Act of 1989 - Prohibits the Secretary of Agriculture from implementing pork irradiation regulations and the Secretary of Health and Human Services from implementing other food irradiation regulations.

Requires the Secretary of Health and Human Services to arrange for and report within two years on a study of the risks to human health and the environment presented by food irradiation.

Amends the Federal Food, Drug, and Cosmetic Act to require that food for domestic use or export which has been irradiated be labeled in a prescribed fashion. Requires restaurant menus to indicate when foods have been irradiated.

Requires persons irradiating food to report semiannually to the Secretary.

 
HR 2405 IH
101st CONGRESS
1st Session
 H. R. 2405
To prohibit the implementation of certain regulations of the Secretary
of Health and Human Services and the Secretary of Agriculture respecting
irradiated foods, to amend the Federal Food, Drug, and Cosmetic Act to
prescribe labels for irradiated food, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 18, 1989
Mr. BOSCO (for himself, Mr. RINALDO, Mr. MRAZEK, Mr. ROE, Mr. ANNUNZIO,
Mr. GILMAN, Mr. JACOBS, Mr. GUARINI, Mrs. BOXER, Mr. ACKERMAN, Ms. SNOWE,
Mr. STARK, Mr. LIPINSKI, Mr. CONYERS, Mr. SOLARZ, Ms. SCHNEIDER, Mr. HAYES of
Illinois, Mr. RICHARDSON, Mr. TORRES, Mr. DEFAZIO, Mr. COURTER, Mrs. ROUKEMA,
Mrs. SCHROEDER, Mr. SAXTON, Mr. ROYBAL, Mr. TORRICELLI, Mr. BATES, Mr. MATSUI,
Mr. FOGLIETTA, Mr. MFUME, Ms. PELOSI, Mr. LELAND, Ms. OAKAR, Mr. FAUNTROY,
Mrs. COLLINS, Mr. DE LUGO, Ms. KAPTUR, Mr. SMITH of Florida, Mr. WEISS,
Mr. EVANS, Mr. MARKEY, Mr. TRAFICANT, Mr. DELLUMS, Mr. MURPHY, Mr. GARCIA,
Mr. KOLTER, Mr. HAWKINS, Mr. CROCKETT, Mr. BUSTAMANTE, Mr. STOKES, Mr. LANTOS,
Mr. GEJDENSON, and Mr. KASTENMEIER) introduced the following bill; which
was referred to the Committee on Energy and Commerce
A BILL
To prohibit the implementation of certain regulations of the Secretary
of Health and Human Services and the Secretary of Agriculture respecting
irradiated foods, to amend the Federal Food, Drug, and Cosmetic Act to
prescribe labels for irradiated food, 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 `Food Irradiation Safety and Labeling
  Requirement Act of 1989'.
SEC. 2. REGULATIONS.
  (a) IRRADIATION OF PORK- The Secretary of Agriculture may not implement
  the regulations relating to the irradiation of pork published in 51 Federal
  Register 1769 and may not issue any other regulation which would have the
  same legal effect as such regulations. The Secretary of Health and Human
  Services may not implement the regulations relating to the irradiation of
  pork published in 50 Federal Register 29658 and may not issue any other
  regulation which would have the same legal effect as such regulations.
  (b) IRRADIATION OF OTHER FOODS- The Secretary of Health and Human Services
  may not implement the regulations relating to the irradiation of food
  published in 51 Federal Register 13376. The Secretary may not issue any
  other regulation which would have the same legal effect as such regulations.
SEC. 3. STUDY.
  (a) GENERAL RULE- The Secretary of Health and Human Services shall arrange,
  in accordance with subsection (b), for a study of the risk to human health
  and the environment presented by the irradiation of food. The study shall
  include the following:
  (1) A review of existing research on the safety and wholesomeness of
  consumption of irradiated food and the conduct of new studies of the
  consumption and nutritional value of irradiated food.
  (2) A study of the contamination of food from improper radiation.
  (3) A study of the risk to the health of individuals employed in facilities
  in which irradiation is conducted and an evaluation of the exposure to
  radiation, emergency medical plans for radiation accidents or emergencies,
  safety requirements in effect in such facilities, and employee training
  in safe irradiation procedures.
  (4) A study of the risk to the health of residents of the area in which such
  facilities are located which may result from the accidental release from
  such facilities of the source of the food irradiation and an evaluation
  of the existing technology for cleaning such facilities when there has
  been an accidental release within the facility, methods for the evacuation
  of such areas in the case of such a release, emergency response systems,
  and an identification of persons responsible for cleaning facilities and
  personal liability for accidental releases.
  (5) A study of the effect on the environment, on population centers of over
  50,000, and rural areas of transporting the sources of food irradiation
  and the protection of the drivers and the general public from injury from
  such transportation and an identification of the persons responsible for
  personal liability for accidents in transporting such sources.
  (b) ARRANGEMENT- The Secretary shall arrange with the National Academy of
  Sciences to conduct the study prescribed by subsection (a) or, if such an
  arrangement cannot be entered into, with another nonprofit private research
  entity with appropriate qualifications.
  (c) REPORT- The Secretary shall report the results of the study not later
  than 2 years after the date of the enactment of this Act.
SEC. 4. LABELING REQUIREMENT.
  Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343)
  is amended by adding at the end the following:
  `(q)(1)(A) If it is a food which has been treated with ionizing or gamma
  radiation unless the food is labeled or marked--
  `(i) to provide notice that the food has received ionizing or gamma radiation
  or if it is composed of ingredients which have received such radiation,
  that the ingredients of the food have received such radiation, and
  `(ii) to warn that the food should not be subject to further radiation.
  `(B) The Secretary shall issue regulations respecting the labeling required
  by clause (A). Such regulations shall--
  `(i) require that the labels appear in a conspicuous place on food retail
  and wholesale packages,
  `(ii) in the case of non-packaged foods, require that the content of the
  label be placed in a notice displayed prominently where such food is held
  for sale, and
  `(iii) require that the label statement appear in any invoice accompanying
  the food.
  `(2) If it is a food which has been treated with ionizing or gamma radiation
  and which is offered for sale in a restaurant unless it has a mark placed
  beside it in the restaurant's menu with the explanation that the mark
  means that the food has been treated with ionizing or gamma radiation.
  `(3) Any person engaged in the irradiation of food shall report semiannually
  to the Secretary--
  `(A) a summary of all the foods that the person irradiated in the period
  reported on,
  `(B) the categories of food irradiated and the total amount of food in
  each such category which was irradiated,
  `(C) the persons for whom the irradiation was done and the types and amount
  of food irradiated for such persons,
  `(D) the dosage levels of irradiation for each category of food irradiated
  and the method of calculating the dosage levels, and
  `(E) assurances that its irradiation procedures are established by experts
  qualified in radiation processing of food.
The Secretary shall make such reports available to the public and may not
destroy any such report.'.
SEC. 5. EXPORTS.
  Section 801(e)(1) of the Federal Food, Drug, and Cosmetic Act
  (21 U.S.C. 381(e)(1)) is amended by striking out `and' at the end of
  subparagraph (C), by redesignating subparagraph (D) as subparagraph (E),
  and by inserting after subparagraph (C) the following:
  `(D) is a food which has been treated with ionizing or gamma radiation and
  is labeled in accordance with section 403(q)(1) and does not bear or contain
  any food additive which is unsafe within the meaning of section 409, and'.
SEC. 6. ENFORCEMENT.
  Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331)
  is amended by adding at the end the following:
  `(t) The failure to make the report required by section 403(q)(3).'.
SEC. 7. EFFECTIVE DATE.
  The amendments made by sections 4, 5, and 6 shall take effect upon the
  expiration of 180 days after the date of the enactment of this Act.