,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fjdd ,,in ,,the ,,house ,,of ,,representatives ,march #b1 #bjbj,mr4 ,kinzinger 7for himself and ,mr4 ,schrader7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,fair ,packaging and ,labeling ,act to require that ,federal and ,state mandated information declarations and labeling requirements applicable to the chemical composition of1 and radiation emitted by1 consumer products meet minimum scientific standards to deliver accurate and clear information1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,accurate ,labels ,act4 #b4 ,standard for product labeling information regarding chemical composition and radiation 7a7 ,in general ,the ,fair ,packaging and ,labeling ,act 7#ae ,u4,s4,c4 #adea et seq47 is amended by adding at the end the following3 #ad4 ,standard for product labeling information regarding chemical composition and radiation 7a7 ,definitions ,in this section3 7#a7 ,best available science ,the term best available science means science-- 7,a7 that is conducted in accordance with sound and objective scientific practices2 7,b7 the findings and underlying data of which are-- 7i7 reliable2 and 7ii7 if available1 peer-reviewed2 and 7,c7 that uses data that is collected by-- 7i7 an accepted method2 or 7ii7 the best available method if the reliability of the method and the nature of the decision to which the method applies justifies the use of the data4 7#b7 ,constituent ,the term constituent means any organic or inorganic chemical substance of a particular molecular identity4 7#c7 ,consumer product ,the term consumer product has the meaning given the term in section #c7;a7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeb7;a774 7#d7 ,covered declaration requirement ,the term covered declaration requirement means a legally enforceable requirement that-- 7,a7 requires a responsible person to display or communicate covered information to a consumer2 and 7,b7 may be provided through-- 7i7 a statement2 7ii7 a notice2 7iii7 a caution2 7iv7 a warning2 7v7 a symbol2 7vi7 a pictogram2 7vii7 a vignette2 7viii7 packaging information2 7ix7 an insert2 7x7 a sign2 7xi7 a pamphlet2 7xii7 an instruction2 7xiii7 a list of ingredients2 7xiv7 ingredient declaration information2 7xv7 a database2 7xvi7 an internet website2 or 7xvii7 other media1 including social media4 7#e7 ,covered information 7,a7 ,in general ,the term covered information means information that-- 7i7 relates to-- 7,i7 a product constituent2 or 7,,ii7 radiation emitted by a covered product2 and 7ii7 expressly or by implication conveys a claim regarding or characterizing the relationship between any constituent or radiation and-- 7,i7 a disease2 7,,ii7 a toxicological endpoint2 or 7,,iii7 a health-related condition4 7,b7 ,implied claims ,for the purposes of subparagraph 7,a77ii71 an implied claim includes a situation in which an item described in clause 7i71 7v71 7vi71 7vii71 or 7xvii7 of paragraph 7#d77;,b7 suggests1 within the context in which the item is presented1 that a relationship exists between the presence or level of a constituent in a covered product1 or the level of exposure to a constituent1 and-- 7i7 a disease2 7ii7 a health-related condition2 or 7iii7 the likelihood of a health-related condition4 7#f7 ,covered product ,the term covered product-- 7,a7 means-- 7i7 a consumer product2 or 7ii7 a consumer commodity2 and 7,b7 includes any packaging with respect to a consumer product or consumer commodity described in clause 7i7 and 7ii7 of subparagraph 7,a71 respectively4 7#g7 ,de minimis risk level ,the term de minimis risk level means-- 7,a7 a level of risk that is based on the best available science and the weight of the evidence2 7,b7 with respect to a constituent or radiation that is a carcinogen1 that the level of risk described in subparagraph 7,a7-- 7i7 is determined based on a safety evaluation that includes non-linear modeling approaches that are consistent with available data and scientific understanding of endogenous exposures and a mode of action in lieu of1 or1 at a minimum1 in addition to1 a linear default method2 7ii7 takes into consideration factors that include the weight of the evidence1 data quality and study reliability1 the nature and severity of any health effects involved1 the size of any sensitive population that is at risk with respect to the constituent or radiation1 as applicable1 and the kind and degree of any relevant scientific uncertainties2 and 7iii7 after applying the principles described in clauses 7i7 and 7ii7-- 7,i7 if the likely operative cancer mode of action with respect to the constituent or radiation supports use of a linear default model1 is the level of exposure to the constituent or radiation every day for #gj years that would result in a not greater than #a in #ajj1jjj chance of developing cancer for an individual who is exposed to the constituent or radiation2 and 7,,ii7 if the likely operative cancer mode of action with respect to the constituent or radiation is non-linear1 is the level of exposure to the constituent or radiation every day for #gj years that would result in a not greater than #a in #a1jjj chance of developing cancer for an individual who is exposed to the constituent or radiation2 and 7,c7 with respect to a constituent or radiation that is a systemic toxicant1 including a reproductive or developmental toxicant1 the level of exposure to the constituent or radiation1 as applicable1 that would result in a not greater than #a in #a1jjj chance of a significant adverse health impact4 7#h7 ,naturally occurring ,the term naturally occurring means1 with respect to a constituent and a covered product1 that the constituent occurs in-- 7,a7 any plant1 animal1 or microorganism1 or any raw material or a constituent derived from a plant1 animal1 or microorganism1 that composes or is a part of the covered product2 and 7,b7 the covered product because of-- 7i7 7,i7 activity that is authorized pursuant to regulation or permitting2 or 7,,ii7 human activity2 and 7ii7 any physical processing1 preparation1 or packaging of-- 7,i7 a plant1 animal1 or microorganism2 or 7,,ii7 any raw material or constituent derived from an entity described in subclause 7,i74 7#i7 ,non-functional constituent ,the term non-functional constituent means1 with respect to a covered product1 any constituent-- 7,a7 that-- 7i7 is an incidental component1 at insignificant levels1 of an ingredient of the covered product2 7ii7 is1 at insignificant levels1 a breakdown product of an ingredient of the covered product2 7iii7 is a byproduct of the manufacturing process with respect to the covered product2 7iv7 has not been intentionally added as a separate substance during the manufacturing process with respect to the covered product2 and 7v7 serves no technical or functional effect with respect to the covered product2 and 7,b7 the presence of which does not endanger public health4 7#aj7 ,product constituent ,the term product constituent means a chemical or chemical substance that-- 7,a7 comprises a covered product 7or a component of1 or material with respect to1 a covered product7 in whole or part2 and 7,b7 is present in a covered product as-- 7i7 part of a specified set of ingredients2 or 7ii7 a non-functional constituent4 7#aa7 ,radiation 7,a7 ,in general ,the term radiation means-- 7i7 electromagnetic radiation1 including the entire electromagnetic spectrum of radiation of any wavelength2 and 7ii7 radiation from naturally occurring radioactive elements1 including-- 7,i7 uranium1 thorium1 and potassium2 7,,ii7 any radioactive decay products of an element described in subclause 7,i71 trace concentrations of which may occur in materials such as stone or granite2 and 7,,iii7 any other naturally occurring radioactive material4 7,b7 ,electromagnetic spectrum ,for the purposes of subparagraph 7,a71 the electromagnetic spectrum of radiation includes gamma rays1 x-rays1 ultraviolet rays1 visible rays1 infrared rays1 microwaves1 radiowaves1 and low frequency radiation4 7#ab7 ,responsible person ,the term responsible person means-- 7,a7 the manufacturer1 distributor1 retailer1 or packager of a covered product that is subject to a covered declaration requirement2 and 7,b7 the supplier of any constituent1 component1 material1 chemical or chemical substance1 food1 or packaging to an entity described in subparagraph 7,a74 7#ac7 ,risk-based ,the term risk-based means1 with respect to a covered declaration requirement or a de minimis risk level1 that the requirement or risk level1 as applicable1 is based on-- 7,a7 the likelihood and degree of injury2 7,b7 the integration and assessment of information1 including data1 regarding hazards resulting from specific exposures of #a or more constituents in1 or radiation in or emitted from1 a covered product2 and 7,c7 the recognition of a mode of action within a systematic compilation of scientific data that1 within a structured framework1 supports a hypothesized1 biologically plausible pathway4 7#ad7 ,trade secret ,the term trade secret has the meaning given the term in section #ahci of title #ah1 ,united ,states ,code4 7#ae7 ,weight of the evidence ,the term weight of the evidence means a systematic review method1 applied in a manner that is suited to the nature of evidential information or the decision to which the method applies1 that uses a pre-established protocol to-- 7,a7 comprehensively1 objectively1 transparently1 and consistently identify and evaluate each stream of evidential information1 including the strengths1 limitations1 and relevance of any study that is the basis for that evidential information2 and 7,b7 integrate evidence as necessary and appropriate based on the strengths1 limitations1 and relevance described in subparagraph 7,a74 7b7 ,prohibition 7#a7 ,in general ,unless specifically authorized by a ,federal statute1 no department or agency of the ,federal ,government1 ,state1 political subdivision of a ,state1 or territory or possession of the ,united ,states may establish or maintain a covered declaration requirement unless the covered declaration requirement satisfies the standards under paragraph 7#b74 7#b7 ,standards for covered declaration requirements 7,a7 ,in general ,a covered declaration requirement shall satisfy each of the following3 7i7 ,the covered information to be displayed or communicated-- 7,i7 is clear1 accurate1 and not misleading or deceptive to consumers with respect to the product to which the covered declaration requirement applies2 and 7,,ii7 is consistent with the requirements under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de74 7ii7 ,the covered information to be displayed or communicated is-- 7,i7 risk-based2 and 7,,ii7 based on-- 7aa7 the best available science2 and 7bb7 appropriate weight of the evidence review4 7iii7 ,the covered declaration requirement exempts non-functional constituents4 7iv7 ,the covered declaration requirement exempts naturally occurring constituents4 7v7 ,the covered declaration requirement-- 7,i7 exempts the inclusion of trade secrets2 and 7,,ii7 does not otherwise require the disclosure of information described in section #eeb7;b77#d7 of title #e1 ,united ,states ,code4 7vi7 ,the covered declaration requirement does not preclude the inclusion or delivery of supplemental or clarifying information in the covered declaration requirement with respect to a covered product by a responsible person1 if that information is-- 7,i7 clear and accurate2 and 7,,ii7 otherwise consistent with the requirements under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the date of enactment of this section4 7vii7 ,any requirement with respect to a product constituent or the composition of a product allows a responsible person to-- 7,i7 subject to clause 7v71 list ingredients in descending order of predominance2 7,,ii7 subject to clause 7v7 and subparagraph 7,c71 list1 in any order1 any ingredients that are present in low concentrations2 and 7,,iii7 name constituents using any internationally recognized nomenclature system4 7,b7 ,burden of demonstrating compliance with ,federal standard 7i7 ,in general ,any entity described in paragraph 7#a7 that brings an action to enforce a covered disclosure requirement enacted by the entity1 or that is a party to a civil action brought under subsection 7d7 with respect to a covered disclosure requirement enacted by the entity1 shall have the burden of establishing by a preponderance of the evidence in the action that the covered disclosure requirement enacted by the entity satisfies subparagraphs 7,a7 and 7,c74 7ii7 ,preemption in the event of failure to meet burden ,if1 in an action described in clause 7i71 an entity described in that clause fails to meet the burden of the entity required under that clause1 the responsible person against which the entity sought to enforce a covered disclosure requirement enacted by the entity1 or that brought the civil action with respect to a covered disclosure requirement enacted by the entity1 shall not be subject to the covered disclosure requirement enacted by the entity4 7,c7 ,no covered declaration required ,a covered declaration requirement is not required with respect to a covered product if-- 7i7 with respect to a constituent1 the concentration of the constituent in the covered product is below #j4a percent2 and 7ii7 with respect to the emission of radiation1 the level of emission by the covered product is below the risk-based de minimis risk level established by the ,commission4 7c7 ,additional declaration options ,if a department or agency of the ,federal ,government1 a ,state government1 a political subdivision of a ,state1 or a territory or possession of the ,united ,states requires a responsible person to display or communicate covered information to a consumer regarding a covered product1 that governmental entity shall authorize the responsible person with respect to a covered product to meet the requirements under subsection 7b77#b71 including by allowing for the omission of information under subsection 7b77#b77;,c71 by communicating the covered information to the consumer through an electronic or digital declaration method that ensures that-- 7#a7 information is provided on the accompanying package of the covered product that identifies or otherwise indicates-- 7,a7 an electronic or digital link that-- 7i7 shall-- 7,i7 provide access to information about the composition of the covered product through an internet website or other landing page2 7,,ii7 be accompanied by-- 7aa7 the statement ,scan here for more2 or 7bb7 equivalent language that reflects technological changes2 7,,iii7 provide access to the covered information by means of a mobile device1 internet website1 or other landing page2 7,,iv7 include the telephone number described in subparagraph 7,b72 and 7,v7 be of a sufficient size to be easily and effectively scanned or read by a digital device2 and 7ii7 subject to paragraph 7#b71 may not collect1 analyze1 or sell any personally identifiable information about-- 7,i7 individuals who access-- 7aa7 the electronic or digital link2 or 7bb7 the telephone number described in subparagraph 7,b72 or 7,,ii7 the devices of individuals who access the electronic or digital link2 and 7,b7 a telephone number that shall-- 7i7 provide access to additional information about the composition of the product2 and 7ii7 be accompanied with the statement ,call for more information about the composition of this product2 and 7#b7 if1 under other provisions of this ,act1 information described in paragraph 7#a77;,a77ii7 is required to be collected under paragraph 7#a71 that information-- 7,a7 shall be deleted by the responsible person as soon as practicable after fulfilling the required purpose under this ,act with respect to the information2 and 7,b7 may not be used for any other purpose by the responsible person4 7d7 ,private civil actions 7#a7 ,in general 7,a7 ,authority to bring suit ,any responsible person that is subject to a covered declaration requirement1 is otherwise required to display or communicate to a consumer covered information about a covered product1 or is1 or may be1 subject to an enforcement action with respect to that requirement by a ,state or a political subdivision of a ,state1 may bring a civil action in an appropriate district court of the ,united ,states against that ,state 7or any private entity that is authorized to bring an enforcement action on behalf of that ,state7 or that political subdivision1 as applicable1 if the requirement of the ,state or political subdivision does not comply with the requirements under subsections 7b7 and 7c74 7,b7 ,timing ,for the purposes of subparagraph 7,a71 a responsible person shall be considered to be subject to an enforcement action beginning on the date on which a ,state1 or a political subdivision of a ,state1 as applicable1 enacts a law or promulgates a regulation that maintains or imposes a covered declaration requirement1 without regard to-- 7i7 the date on which-- 7,i7 compliance is mandated under the law or regulation1 as applicable2 or 7,,ii7 enforcement of the law or regulation1 as applicable1 begins2 or 7ii7 any exemption or exclusion that the responsible person may invoke with respect to compliance with the law or regulation1 as applicable4 7#b7 ,remedies ,in a civil action brought under paragraph 7#a71 a court may grant an injunction to prevent any actual or threatened harm to a responsible person or interstate commerce4 4 7b7 ,applicability to other laws 7#a7 ,effect on ,state laws generally ,no ,state1 or any political subdivision of a ,state1 may impose a requirement or prohibition with respect to information1 warning1 and labeling requirements applicable to consumer commodities or consumer products that is in addition to1 or different than1 the requirements under section #ad of the ,fair ,packaging and ,labeling ,act1 as added by subsection 7a74 7#b7 ,further requirements 7,a7 ,definition ,in this paragraph1 the term responsible person has the meaning given the term in section #ad7;a7 of the ,fair ,packaging and ,labeling ,act1 as added by subsection 7a74 7,b7 ,condition ,a fee1 fine1 penalty1 attorney's fee1 or other cost may only be assessed against a responsible person by a ,state1 or a private entity that is authorized to bring an enforcement action on behalf of a ,state1 if the ,state or the private entity1 as applicable1 has satisfied the requirements under section #ad7;b77#b77;,b7 of the ,fair ,packaging and ,labeling ,act1 as added by subsection 7a74 7#c7 ,rule of construction regarding allergen declarations ,nothing in this ,act1 or in the amendments made by this ,act1 may be construed as amending1 altering1 or otherwise affecting the requirements under the ,food ,allergen ,labeling and ,consumer ,protection ,act of #bjjd 7,public ,law #ajh-bhb2 #aah ,stat4 #ije74 7c7 ,savings 7#a7 ,clarification of no preemption ,notwithstanding any other provision of this ,act1 nothing in this ,act or section #ad of the ,fair ,packaging and ,labeling ,act1 as added by subsection 7a71 shall preempt or preclude any cause of action arising from exposure to a chemical substance or mixture for personal injury1 wrongful death1 property damage1 or other injury based on negligence1 strict liability1 or products liability under any ,state law1 maritime law1 or ,federal common law or statutory theory4 7#b7 ,no effect on certain private remedies 7,a7 ,in general ,in any action described in paragraph 7#a71 any demonstration of satisfying1 or not satisfying1 the standards set out in this ,act or section #ad of the ,fair ,packaging and ,labeling ,act1 as added by subsection 7a71 shall not be interpreted1 in either the plaintiff's or defendant's favor1 as dispositive in that action4 7,b7 ,authority of courts ,this ,act or section #ad of the ,fair ,packaging and ,labeling ,act1 as added by subsection 7a71 does not affect the authority of any court to make a determination in an adjudicatory proceeding under applicable ,state or ,federal law with respect to the admission into evidence or any other use of this ,act or section #ad of the ,fair ,packaging and ,labeling ,act1 as added by subsection 7a74