To amend the Federal Food, Drug, and Cosmetic Act to provide for uniform food safety warning notification requirements, and for other purposes.
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.
Committee on Health, Education, Labor, and Pensions. Hearings held. Hearings printed: S.Hrg. 109-741.
Motion to reconsider laid on the table Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Barton amendment.
DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 20 minutes of debate on the Cardoza amendment.
POSTPONED 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.
DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Rogers (MI) amendment.
DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment.
POSTPONED 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.
DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 20 minutes of debate on the Capps amendment.
POSTPONED 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.
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DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Wasserman Schultz amendment.
POSTPONED 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.
UNFINISHED 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.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4167.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
Mr. Stupak moved to recommit with instructions to Energy and Commerce.
DEBATE - 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.".
On motion to recommit with instructions Failed by recorded vote: 170 - 254 (Roll no. 31). (consideration: CR H755-757; text: CR H755)
Roll Call #31 (House)Passed/agreed to in House: On passage Passed by recorded vote: 283 - 139 (Roll no. 32).
Roll Call #32 (House)On passage Passed by recorded vote: 283 - 139 (Roll no. 32).
Roll Call #32 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.