H.R. 6105 — Introduced in House

I 118th CONGRESS 1st Session H. R. 6105 IN THE HOUSE OF REPRESENTATIVES October 26, 2023Ms. Schakowsky (for herself, Ms. DeLauro, Mrs. Dingell, Ms. Norton, Ms. Pingree, Ms. Velázquez, Mrs. Watson Coleman, Mr. Lynch, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to deem certain substances to be unsafe for use as food contact substances, and for other purposes. 1. Short title This Act may be cited as the No Toxics in Food Packaging Act of 2023. 2. Substances deemed unsafe for use as food contact substances (a) In general Section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348) is amended by adding at the end the following: (j) Substances deemed unsafe for use as food contact substances (1) In general For purposes of this section and section 402(a)(2)(C), the following are deemed to be unsafe for use as food contact substances: (A) Any chemical belonging to the class of ortho-phthalates. (B) Any chemical belonging to the class of PFAS. (C) Bisphenol A, B, S, F, or AF or related compounds. (D) Styrene. (E) Antimony trioxide. (2) Alternative substances In acting in response to any petition under this section to establish safety with respect to a food contact substance that the Secretary determines to be an alternative to a substance listed in paragraph (1), in addition to the criteria under subsection (c), the Secretary shall consider potential adverse effects of exposure to the substance on vulnerable populations. (3) Definitions In this subsection: (A) The term ortho-phthalates means a class of chemicals that are esters of ortho-phthalic acid including— (i) DEHP 117–81–7; (ii) BBP 85–68–7; (iii) DBP 84–74–2; (iv) DIDP 26761–40–0; (v) DnHP 84–75–3; (vi) DINP 28553–12–0; (vii) DNOP 117–84–0; (viii) DEP 84–66–2; (ix) DIBP 84–69–5; (x) DPENP 131–18–0; and (xi) DCHP 84–61–7. (B) The term PFAS means a perfluoroalkyl substance or a polyfluoroalkyl substance that is man-made with at least 1 fully fluorinated carbon atom. (C) The term vulnerable population means a human population that is subject to the potential for disproportionate exposure to, or the potential for disproportionate adverse effect from exposure to, a chemical substance or mixture, including— (i) infants, children, and adolescents; (ii) pregnant women; (iii) the elderly; (iv) individuals with preexisting medical conditions; (v) workers who may be exposed to chemical substances and mixtures; (vi) residents in communities subject to disproportionate exposures; and (vii) members of any other appropriate population identified by the Secretary. . (b) Delayed applicability Section 409(j) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies beginning on the date that is 2 years after the date of enactment of this Act.