,i #aaith ,,congress #ast ,session ,h4 ,r4 #hdh ,,in ,,the ,,house ,,of ,,representatives ,january #ca1 #bjbe,mr4 ,casten 7for himself and ,ms4 ,brownley7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to direct the ,administrator of the ,environmental ,protection ,agency to establish a voluntary food climate labeling program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,voluntary ,food ,climate ,labeling ,act4 #b4 ,voluntary food climate labeling program 7a7 ,in general 7#a7 ,establishment ,the ,administrator of the ,environmental ,protection ,agency shall carry out a voluntary food climate labeling program4 7#b7 ,consultation ,the ,administrator shall establish and operate the labeling program in consultation with the ,secretary of ,agriculture and the ,federal ,trade ,commission4 7b7 ,administration of ,program 7#a7 ,prohibition ,a person manufacturing1 importing1 distributing1 or selling food may not place the food climate label developed under subsection 7c7 on the food or its labeling unless the ,administrator has authorized such person to do so under paragraph 7#c74 7#b7 ,applications ,an applicant shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7#c7 ,review of applications ,the ,administrator shall review all applications submitted under paragraph 7#b7 and approve any such application-- 7,a7 on the basis of whether the applicant provides assurances satisfactory to the ,administrator that the applicant will adhere to the requirements of the labeling program2 and 7,b7 not on the basis of an assessment of the benefits to the environment associated with the food4 7#d7 ,placement of label ,if the ,administrator approves an application under this subsection with respect to a food1 the ,administrator may specify where on the food or its labeling the food climate label shall be placed4 7c7 ,development of food climate label 7#a7 ,in general ,the ,administrator shall specify-- 7,a7 the visual form of the food climate label1 as described in paragraph 7#c72 7,b7 the information to be included on the food climate label1 as described in paragraph 7#d72 and 7,c7 the method by which the information to be included on the food climate label shall be verified1 as described in paragraph 7#e74 7#b7 ,consultation ,in specifying the visual form1 information to be included1 and method for verification referred to in paragraph 7#a71 the ,administrator-- 7,a7 shall consult with food industry stakeholders2 and 7,b7 may perform such consultation-- 7i7 by establishing a ,federal advisory committee under chapter #aj of title #e1 ,united ,states ,code 7commonly referred to as the ,federal ,advisory ,committee ,act72 or 7ii7 through a negotiated rulemaking under the ,negotiated ,rulemaking ,act of #aiij 7,public ,law #aja-fdh74 7#c7 ,visual form ,the visual form of the food climate label shall-- 7,a7 convey the information described in paragraph 7#d7 to the consumer in a manner that is determined by the ,administrator to be most useful to the consumer at the point of sale in making food purchasing decisions2 7,b7 not convey that any given food is acceptable or unacceptable1 but instead provide to the consumer a numerical quantification of the information described in paragraph 7#d72 7,c7 employ words1 numbers1 and imagery1 as specified by the ,administrator2 7,d7 convey that the information on the food climate label has been verified under requirements established by the ,environmental ,protection ,agency2 7,e7 include a logo 7or other identifier7 to help the consumer identify the food climate label2 and 7,f7 include a quick response code 7commonly known as a ,,qr code7 or similar mechanism that provides electronic access to the consumer at the point of sale to the information described in paragraph 7#d77;,b74 7#d7 ,information to be included 7,a7 ,label ,the food climate label shall include two numerical summaries of the best available information regarding the total greenhouse gas emissions released throughout the lifecycle of the food and its input materials as follows3 7i7 ,the first numerical summary shall include the information on the greenhouse gas emissions released during-- 7,i7 the growing of ingredients2 7,,ii7 the manufacture of the nonfood input materials2 7,,iii7 processing2 7,,iv7 packaging2 and 7,v7 distribution4 7ii7 ,the second numerical summary shall include the information on the greenhouse gas emissions released during-- 7,i7 storage2 7,,ii7 presentation in a retail food establishment2 7,,iii7 consumer use1 including the energy used to store the food after purchase2 7,,iv7 end-of-life reuse1 recycling1 composting1 treatment1 and disposal of the food and its packaging2 and 7,v7 any other aspect of the lifecycle of the food and its input materials4 7,b7 ,validation of summaries 7i7 ,validity of first numerical summary ,the participant shall be responsible for the validity of the numerical summary required by subparagraph 7,a77i74 7ii7 ,validity of second numerical summary ,the ,administrator shall-- 7,i7 be responsible for the validity of the numerical summary required by subparagraph 7,a77ii72 and 7,,ii7 develop such numerical summary in consultation with the participant referred to in clause 7i7 and the advisory committee established under paragraph 7#b77;,b74 7,c7 ,,qr code ,the ,,qr code 7or similar mechanism7 referred to in paragraph 7#c77;,f7 shall provide access to the following information3 7i7 ,if the food is subject to a voluntary commitment under subsection 7d71 an indication that such food is subject to such commitment and a summary of the information reported pursuant to such commitment under such subsection4 7ii7 ,the database established under subsection 7e74 7#e7 ,method of verification 7,a7 ,in general ,the ,administrator shall specify the method by which the information included on the food climate label shall be verified4 ,such method shall include-- 7i7 adhering to uniform standards for the collection and analysis of such information2 7ii7 adhering to requirements for entities 7certified by the ,administrator for such purpose7 to measure1 monitor1 verify1 and report such information2 and 7iii7 using the best available scientific information4 7,b7 ,international standards ,in developing the method under subparagraph 7,a71 the ,administrator shall consider the established international standards for carbon accounting for product lifecycle assessment1 including-- 7i7 the ,,iso #adjdj and ,,iso #adjdd standards of the ,international ,organization for ,standardization2 and 7ii7 protocols established under the ,greenhouse ,gas ,protocol 7commonly known as the ,,ghg ,protocol7 program of the ,world ,business ,council for ,sustainable ,development and the ,world ,resources ,institute1 including-- 7,i7 the ,,ghg ,product ,life ,cycle ,accounting and ,reporting ,standard2 and 7,,ii7 ,publicly ,available ,specification #bjej 7commonly known as ,,pas #bjej74 7,c7 ,alignment with current best practices of food industry ,the ,administrator shall ensure that the method under subparagraph 7,a7 is informed by1 and generally aligned with1 the current best practices of the food industry for validating the information included on the food climate label4 7d7 ,voluntary commitments ,not later than #b years after the date of enactment of this section1 the ,administrator shall establish a program under which a manufacturer1 importer1 distributor1 or seller of a food bearing the food climate label may1 on a voluntary basis-- 7#a7 make and report a voluntary commitment to reduce the greenhouse gas emissions associated with such food2 and 7#b7 report sustainability information pertaining to the food based on the best available scientific information4 7e7 ,database ,not later than #b years after the date of enactment of this section1 the ,administrator shall establish and make publicly accessible a database under an open license to provide consumers with easy access to information pertaining to the labeling program1 including-- 7#a7 explanations of the objectives and the methodologies of the ,administrator in developing the food climate label and in specifying the visual form1 information to be included1 and method for verification referred to in subsection 7c77#a72 7#b7 the information described in clauses 7i7 and 7ii7 of subsection 7c77#d77;,b7 with respect to each food in the labeling program2 7#c7 the voluntary commitments and sustainability information reported under subsection 7d72 and 7#d7 as the ,administrator determines appropriate1 any sustainability information pertaining to food bearing the food climate label1 based on the best available scientific information4 7f7 ,reports ,not later than #g years after the date of enactment of this section1 and every #e years thereafter1 the ,administrator shall-- 7#a7 publish a report on the labeling program's effectiveness in-- 7,a7 providing consumers information that consumers find useful2 and 7,b7 reducing the greenhouse gas emissions associated with food throughout the lifecycle of the food and its input materials1 as described in subsection 7c77#d77;,a72 and 7#b7 submit to ,congress a report containing any recommendations for legislative action that would improve the labeling program's effectiveness in achieving the objectives described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7g7 ,regulations 7#a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,administrator shall finalize regulations to carry out the labeling program4 7#b7 ,updates ,not later than #g years after the date of enactment of this section1 and every #e years thereafter1 the ,administrator shall update the regulations for carrying out the labeling program to increase the labeling program's effectiveness1 as determined by the ,administrator with regard to the objectives described in subparagraphs 7,a7 and 7,b7 of subsection 7f77#a74 7h7 ,technical assistance 7#a7 ,establishment ,the ,administrator shall establish a technical assistance advisory board within the ,environmental ,protection ,agency to provide technical assistance to-- 7,a7 entities participating in or seeking to participate in the labeling program2 7,b7 entities certified or seeking to become certified under subsection 7c77#e77;,a77ii72 7,c7 entities making a voluntary commitment or seeking to make such commitment under subsection 7d72 and 7,d7 retail food establishments4 7#b7 ,composition ,the technical assistance advisory board under paragraph 7#a7 shall be comprised of subject matter experts and academics1 trade associations1 consultants1 leaders of the ,department of ,agriculture1 and representatives of industry and appropriate organizations4 7i7 ,consumer outreach ,not later than #c years after the date of enactment of this section1 the ,administrator shall establish a program to inform consumers about the labeling program by-- 7#a7 providing retail food establishments educational materials and other information to be conveyed to consumers regarding the labeling program1 which materials and information shall display the logo 7or other identifier7 described in subsection 7c77#c77;,e72 and 7#b7 reaching the public through a wide range of venues1 including public service announcements and advertising4 7j7 ,penalties for fraudulent use of label 7#a7 ,in general ,any person that violates a requirement of this section shall be subject to a civil penalty of not more than #aj1jjj for each such violation4 7#b7 ,separate violations ,each separate violation of a requirement of this section with respect to a given type of food shall be a separate offense1 except that in a case of a violation through continuing failure to obey or neglect to obey an order by the ,administrator under this section1 each day of continuance of such failure or neglect shall be deemed a separate offense4 7#c7 ,equitable relief ,in a civil action brought under this section1 the ,united ,states district courts are empowered to grant mandatory injunctions and such other equitable relief as such courts deem appropriate4 7k7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,applicant ,the term applicant means a person that-- 7,a7 manufactures1 imports1 distributes1 or sells food2 and 7,b7 has an application pending under subsection 7b7 to participate in the labeling program4 7#c7 ,food industry stakeholders ,the term food industry stakeholders means-- 7,a7 entities that-- 7i7 grow1 raise1 process1 prepare1 manufacture1 or otherwise add value to a food product2 7ii7 store1 package1 repackage1 transport1 or distribute a food product for wholesale2 7iii7 sell a food product directly to consumers2 7iv7 provide a food-related service to entities that engage in any of the activities described in clauses 7i7 through 7iii72 7v7 measure1 monitor1 verify1 and report the type of information to be included on the food climate label under subsection 7c77#d72 7vi7 represent consumers of food products2 or 7vii7 study and analyze the food industry2 and 7,b7 other relevant stakeholders1 as determined by the ,administrator4 7#d7 ,greenhouse gas ,the term greenhouse gas includes-- 7,a7 carbon dioxide2 7,b7 methane2 7,c7 nitrous oxide2 7,d7 sulfur hexafluoride2 7,e7 any hydrofluorocarbon2 7,f7 any perfluorocarbon2 7,g7 nitrogen trifluoride2 7,h7 any fully fluorinated linear1 branched1 or cyclic-- 7i7 alkane2 7ii7 ether2 7iii7 tertiary amine2 or 7iv7 aminoether2 7,i7 any perfluoropolyether2 7,j7 any hydrofluoropolyether2 and 7,k7 any other fluorocarbon1 except for a fluorocarbon with a vapor pressure of less than #a millimeter of mercury absolute at #be degrees ,celsius4 7#e7 ,greenhouse gas emission ,the term greenhouse gas emission means the release of a greenhouse gas into the ambient air4 7#f7 ,labeling program ,the term labeling program means the voluntary food climate labeling program established under this section4 7#g7 ,open license ,the term open license means any legally binding instrument that grants permission to access1 reuse1 and redistribute a work with few or no restrictions4 7#h7 ,participant ,the term participant means1 with respect to food1 the person authorized pursuant to subsection 7b7 to place the food climate label developed under subsection 7c7 on the food or its labeling4