Committee Food Safety Bill Would Not Apply to Meat and Eggs, Would Consider Ban of Bisphenol A in Containers

The following are requirements and provisions of the new version of H.R. 2749 (referred to hereafter only as H.R. 2749) that were not part of the Health Subcommittee's version of the bill (note this is the last ITT summary of the Committee's version of the bill) :

USDA-Regulated Meat and Eggs Would be Exempt from Bill's Requirements

H.R. 2749 would exempt food from the requirements of the Food Safety Enhancement Act of 2009 that is regulated by the Secretary of Agriculture under the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act. It would also exempt any facility that is regulated exclusively as an official establishment by the Secretary of Agriculture under any of these three acts.

Use of Bisphenol A in Food/Beverage Containers Would Have to be Evaluated, Possibly Banned

No later than December 31, 2009, the HHS Secretary would be required to notify Congress whether the available scientific data support a determination that there is a reasonable certainty of no harm, for infants, young children, pregnant women, and adults, for approved uses of polycarbonate plastic and epoxy resin made with bisphenol

A in food and beverage containers, including reusable food and beverage containers, under the conditions of use prescribed in current Food and Drug Administration regulations.

Possible revocation, modification of approved uses. If the HHS Secretary concludes that such a determination cannot be made for any approved use, Congress should be informed of the actions the Secretary intends to take to regulate food additives to protect the public health, which may include:

revoking or modifying any of the approved uses of bisphenol A in food and beverage containers, including reusable food and beverage containers; and

ensuring that the public is sufficiently informed of such determination and the steps the public may take in response to such determination.

Pilot/Possible Rulemaking on Finished Product Testing from High Risk Facilities

H.R. 2749 would require the Health and Human Services (HHS) Secretary to conduct two or more pilot projects to evaluate the feasibility of collecting positive finished product testing results from Category 1 facilities (defined as high-risk facilities that manufacture or process food) including the value and feasibility of reporting corrective actions taken when positive finished product test results are reported to the Secretary.

Rulemaking. If determined to be feasible and appropriate, the HHS Secretary could require finished product test results from each category 1 facility subject to good manufacturing practices regulations documenting the presence of contaminants in food in the possession or control of such facility posing a risk of severe adverse health consequences or death. Such reporting would be required the sooner of: (i) two years after H.R. 2749's enactment; or (ii) after completion of the pilot projects/feasibility study.

In addition, H.R 2749 would consider food manufactured or processed in a facility in violation of this reporting requirement to be adulterated (which is a "prohibited act" under 21 USC 331).

Certain Exemptions for Alcohol-Related Facilities

With certain exceptions, the amendments made by H.R. 2749 would not apply to a facility that: (i) under the Federal Alcohol Administration Act or chapter 51 of subtitle E of the Internal Revenue Code, is required to obtain a permit or to register with the Secretary of the Treasury as a condition of doing business in the U.S.; and (ii) under section 415 of the Federal Food, Drug, and Cosmetic Act, as amended by H.R. 2749, is required to register as a facility solely because such facility is engaged in manufacturing, processing, packing, or holding one or more alcoholic beverages.

However, the following amendments made by H.R. 2749 would apply to such alcohol-related facilities: Section 101(a) - on food being considered misbranded if manufactured, processed, etc. in a facility not duly registered; Section 101(b) on annual registration of food facilities; and Section 113 on a possible program for "safe" food importers.

¹An amendment in the nature of a substitute is an amendment that strikes out the entire text of a bill or other measure and inserts a different full text.

(See ITT's Online Archives or 07/02/09, 06/30/09, 06/26/09 and 06/25/09 news, 09070210, 09063015, 09062625 and 09062515, for BP summaries of other aspects of the Committee version of H.R. 2749.

See ITT's Online Archives or 06/18/09 news, 09061805, for BP summary of the House Energy and Commerce Committee approving this version of the food safety bill.)

See ITT's Online Archives or 06/11/09, 06/12/09, 06/15/09, 06/16/09, and 06/17/09 news, 09061105, 09061205, 09061530, 09061620, and 09061725, for BP summaries of the Subcommittee version of H.R 2749.

See ITT's Online Archives or 05/28/09, 06/05/09 and 06/09/09 news, 09052815, 09060505 and 09060915, for BP summaries of the "discussion draft" version of H.R. 2749.)

Committee amendment in the nature of a substitute to H.R. 2749 available at http://energycommerce.house.gov/Press_111/20090617/hr2749_ans.pdf.