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106th CONGRESS
2d Session
H. R. 5514
To amend the Federal Food, Drug, and Cosmetic Act to require the
Secretary of Health and Human Services to establish a tolerance for the
presence of methyl mercury in seafood, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 19, 2000
Mr. Pallone introduced the following bill; which was referred to the
Committee on Commerce
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A BILL
To amend the Federal Food, Drug, and Cosmetic Act to require the
Secretary of Health and Human Services to establish a tolerance for the
presence of methyl mercury in seafood, 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 ``Seafood Safety and Mercury Screening
Act of 2000''.
SEC. 2. REQUIREMENT OF ESTABLISHMENT OF TOLERANCE FOR METHYL MERCURY IN
SEAFOOD.
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.) is amended--
(1) in section 402(a)(2)(A), by inserting ``methyl mercury
in seafood,'' after ``food additive,'';
(2) in section 402(a)(2), by inserting after ``section 512;
or'' the following: ``(D) if it is seafood that bears or
contains methyl mercury that is unsafe within the meaning of
section 406A(a); or''; and
(3) by inserting after section 406 the following section:
``tolerance for methyl mercury in seafood
``Sec. 406A. (a) In General.--Not later than one year after the
date of the enactment of the Seafood Safety and Mercury Screening Act
of 2000, the Secretary shall by regulation establish a tolerance for
the presence of methyl mercury in seafood, which shall be based on a
scientific analysis of the health risks attributable to such substance.
Any seafood containing methyl mercury shall be deemed unsafe for
purposes of section 402(a)(2)(D) unless the quantity of such substance
is within the limits of the tolerance.
``(b) Standard.--
``(1) In general.--The Secretary shall ensure that the
tolerance under subsection (a) is safe, and shall modify or
revoke the tolerance if the Secretary determines that it is not
safe.
``(2) Determination of safety.--As used in this section,
the term `safe', with respect to a tolerance for methyl mercury
in seafood, means that the Secretary has determined that there
is a reasonable certainty that no harm will result from
aggregate exposure to methyl mercury, including all anticipated
dietary exposures and all other exposures for which there is
reliable information.
``(c) Pregnant Women, Infants, and Children.--In establishing or
modifying a tolerance under subsection (a), the Secretary shall ensure
that there is a reasonable certainty that no harm will result to
pregnant women, infants, and children from aggregate exposure to methyl
mercury.
``(d) Sampling System.--Not later than 18 months after the date of
the enactment of the Seafood Safety and Mercury Screening Act of 2000,
the Secretary, after consultation with the Secretary of Agriculture,
shall establish a system for the ongoing collection and analysis of
samples of seafood to determine the extent of compliance with the
tolerance under subsection (a). Such system shall provide statistically
valid monitoring, including market-basket studies, with respect to such
compliance.
``(e) Public Education and Advisory System.--
``(1) Public education.--The Secretary, in cooperation with
private and public organizations, including the cooperative
extension services and appropriate State entities, shall design
and implement a national public education program regarding the
presence of methyl mercury in seafood. The program shall
provide--
``(A) information to the public regarding Federal
standards and good practice requirements and promotion
of public awareness understanding and acceptance of
such standards and requirements;
``(B) information to health professionals so that
they may improve diagnosis and treatment of mercury-
related illness and advise individuals whose health
conditions place them in particular risk; and
``(C) such other information or advice to consumers
and other persons as the Secretary determines will
promote the purposes of this section.
``(2) Health advisories.--The Secretary, in consultation
with the Secretary of Agriculture and the Administrator of the
Environmental Protection Agency, shall work with the States and
other appropriate entities to--
``(A) develop and distribute regional and national
advisories concerning the presence of methyl mercury in
seafood.;
``(B) develop standardized formats for written and
broadcast advisories regarding methyl mercury in
seafood; and
``(C) incorporate State and local advisories into
the national public education program required in
paragraph (1).''.
SEC. 3. CONSIDERATION OF REPORT OF NATIONAL ACADEMY OF SCIENCES.
In carrying out section 406A of the Federal Food, Drug, and
Cosmetic Act (as added by the amendment made by section 2 of this Act),
the Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall consider the findings made by the
National Academy of Sciences regarding the Environmental Protection
Agency's recommended level for methyl mercury exposure and the presence
of methyl mercury in seafood, as such findings are described in the
report issued by such Academy in July 2000.
SEC. 4. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall submit to the Congress a report
on the progress of the Secretary in establishing the tolerance required
by the amendments made by section 2. The report shall include a
description of the research that has been conducted with respect to the
tolerance.
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