Consumer Food Act

(Measure passed Senate, amended, roll call #86 (74-6))

Consumer Food Act - =Title I: Food Surveillance= - Requires processors of food for human consumption to develop, implement, and maintain adequate safety assurance procedures for each establishment which they own or operate. Sets forth requisite considerations in the development of such procedures. Exempts food processors whose establishments are unlikely, because of the nature or volume of food processing, to create more than a minimal risk of adulteration. Exempts from such procedures the processing of fresh fruits and vegetables, on-farm processing, fishing or the holding of fish on a vessel, and processing of food in a retail establishment.

Provides that if the Secretary of Health, Education, and Welfare finds that any class of food is processed, stored, or handled so as to present an unreasonable risk of adulteration, or existing safety assurance procedures are not adequate to protect against such risk, he shall immediately publish such finding in the Federal Register and promulgate regulations, to be effective within one year, establishing safety assurance standards. Provides that if the Secretary finds that a threat to the public health caused by adulteration of food requires the immedatiate adoption of, or immediate amendment to, an applicable safety assurance standard, he may promulgate such standard or amendment, without compliance with procedural prerequisites, and shall comply therewith as soon as practicable.

Requires persons, subject to the requirements of this Act, to keep and make available such records, pertaining to safety assurance procedures and standards, as the Secretary may require.

States that whenever a food processor acquires information indicating that any food which he has processed and which has left his control may be adulterated, or whenever such a processor institutes a recall of any food, such processor shall immediately notify the Secretary.

Permits any person to commence a civil action for mandatory or prohibitive injunctive relief against food processors in violation of this Act or regulations thereunder, or against the Secretary for failure to fulfill the requirements of this Act. States that the rulings of the court in any such action shall not be a bar to the institution of any judicial or administrative proceeding by the Secretary.

Exempts from such provisions relating to safety assurance the processing of poultry, meat, and eggs, to the extent of the application of other specified statutes.

Requires the Secretary to cooperate with the Small Business Administration for loans to assist affected small business concerns to comply with such provisions.

Requires food manufacturers and packers to establish and implement a system of food coding, and apply such to all food products, which identifies the manufacturer, the plant, the food, the lot or batch number, and the date of packing. Directs the Secretary to make public sufficient information to enable consumers to comprehend the basic purposes of such coding systems. Exempts from such coding requirements packaged food which is packed in a retail establishment for sale therein or food not intended for human consumption. Permits the detainment for 20 days of any food, in interstate commerce, found or believed to be adulterated. Permits such detainment pending a seizure action, an action for injunction, or pending notification by the Secretary to a governmental authority having jurisdiction over such food.

Imposes a civil penalty of $10,000 for each day of commission of prohibited acts regarding food, under the Food, Drug, and Cosmetic Act.

Sets forth procedures for and rights relating to proceedings for issuance, amendment, or repeal of any regulation authorized under such Act. Permits the awarding of attorneys' fees for rulemaking proceedings and litigation, under specified conditions.

Provides, under such Act, that as to establishments for the manufacturing, processing, preparing, packaging, or holding of food, inspection shall extend to records bearing upon whether a food may be adulterated.

Provides, under such Act, that any person who imports, or offers for importation, into the United States any food or class of food shall file a certificate with the Secretary prior to such importation identifying the food or class of foods and establishing that such food or class has been produced in accordance with safety assurance procedures and standards under such Act.

States that the disclosure of information under this Act shall be governed by the Freedom of Information Act, except that if the Secretary determines that information is not a trade secret, but the originator of such information does so claim, the Secretary shall notify such originator with particularity of his intention to disclose, and shall not disclose such information until ten days following receipt of such information by such originator.

Directs the Commissioner of Food and Drugs to establish regional offices for facilitating the administration of such Act.

Imposes criminal penalties of up to one year imprisonment and/or a $10,000 fine for commission of prohibited acts relating to food under such Act, by individuals who act knowingly, willfully, or without the care of a prudent man in the circumstances.

=Title II: Food Establishment Registration= - Authorizes the Secretary to require food processors to submit to him a registration statement, describing plant locations and foods processed therein, and to update such statement as appropriate. Permits exemptions from such requirement where it is determined that such registration is not necessary for the prevention of an unreasonable risk of adulterations of food or for the protection of the public health. Exempts from such registration the processing of poultry, meat, and eggs, to the extend such are covered by other statutes; processing of food in a retail establishment; processing of alcoholic beverages; and fishing vessels or the holding of fish. Subjects both registered and exempted establishments to inspection under this Act.

=Title III: Food Labeling= - Provides, under the Federal Food, Drug, and Cosmetic Act relating to misbraded foods, that dates on labels shall conform to regulations promulgated by the Secretary. Requires such regulations to: (1) identify those foods, except fruits and vegetables, for which date information is required to promote honesty and fair dealing; (2) require such foods to bear on the package or label the date by which it is recommended that such food be sold at retail for consumption or the date after which it is recommended that such food not be sold; and (3) require that such date be printed on the package or label of such food in a clear and conspicuous manner and in such form as will enable the consumer readily to identify and understand the significance of such date. States that packaged foods for human consumption, except fresh fruits and vegetables, to which vitamin, mineral, or amino acid has been added, or for which any claim respecting the presence of any vitamin, mineral, or amino acid or respecting nutritional value is made on the package or label, or in advertising or promotion, shall be deemed misbranded unless nutritional information is provided in accordance with regulations promulgated by the Secretary. Requires mandatory ingredients of foods to be listed on the labels. Requires each ingredient to be listed by its common or usual name.

Permits the Secretary to exempt from such requirements foods received in bulk containers at retail establishments, under specified conditions, and incidental additives present in foods.

Requires public eating places serving margarine or olemargarine to conspicuously notify the public of such fact. States that, unless a State or local law promotes the interests of consumers without unduly burdening interstate commerce, Federal labeling laws shall supersede all State and local laws.

Exempts alcoholic beverages from the labeling requirements of this Act relating to date information, nutritional information, and ingredient listing by common name, but requires a study of the need for non-exemption of such beverages. Requires a study of the need for a logo or symbol on labels indicating the absence of artificial flavors or colors.