H.R. 4167: National Uniformity for Food Act of 2005

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H.R. 4167: National Uniformity for Food Act of 2005

109th Congress · introduced 2005-10-27 · Agriculture and Food · Latest: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

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Official title

National Uniformity for Food Act of 2005

Plain summary

National Uniformity for Food Act of 2005 - (Sec. 2) Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any state or political subdivision from establishing or continuing in effect for any food in interstate commerce: (1) any requirement that is not identical to specified FFDCA provisions (that does not have substantially the same language and the differences would result in the imposition of materially different requirements), including those related to adulterated foods, unsafe food additives, and new animal drugs; or (2) any notification requirement that provides for a warning concerning the food's safety that is not identical to FFDCA provisions. Allows: (1) a state or political subdivision to enforce a state law that contains a requirement that is identical to a requirement in such FFDCA provisions unless the Secretary of Health and Human Services has considered a proposal for, and published a determination not to promulgate, a regulation relating to such requirement; and (2) current state notification or food safety requirements to continue for 180 days, during which such state may petition for an exemption or a new national standard. Allows a state to petition for an exemption or to establish a national standard regarding any requirement under FFDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows the Secretary of Health and Human Service to provide such an exemption if the requirement: (1) protects an important public interest that would otherwise be unprotected; (2) would not cause any food to be in violation of any federal law; and (3) would not unduly burden interstate commerce. Requires the Secretary to expedite consideration of such a petition that involves a notification requirement to warn of cancer or reproductive or birth defects or to provide information that will allow parents or guardians to understand, monitor, or limit a child's exposure to cancer-causing agents or reproductive or developmental toxins. Allows a state to establish a requirement that would otherwise violate FFDCA provisions relating to national uniform nutrition labeling or this Act if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met. Declares that this Act does not preempt state and local laws relating to freshness dating, open date labeling, grade labeling, a state inspection stamp, religious dietary labeling, organic or natural designation, returnable bottle labeling, unit pricing, a statement of geographic origin, dietary supplements, or a consumer advisory relating to food sanitation imposed on a food establishment or recommended by the Secretary. (Sec. 3) Provides that this Act only takes effect if the Secretary certifies to Congress that its implementation will pose no additional risk to the public health or safety from terrorists attacks relating to the food supply. (Sec. 4) Excludes from the scope of this Act any state law, regulation, proposition, or other action that establishes a notification requirement regarding the presence or potential effects of mercury in fish and shellfish.

Congressional Research Service summary (Passed House amended), quoted unchanged (nonpartisan). Read the source.

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Alternatives

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How did my representative vote? · This bill's floor votes

Officials and money

Sponsor: Rep. Rogers, Mike J. [R-MI-8] · 226 cosponsors

Cost estimate: CBO cost estimate: H.R. 4167, National Uniformity for Food Act of 2005 (2006-02-27); CBO cost estimate: H.R. 4167, National Uniformity for Food Act of 2005 (2006-02-27)

Cosponsors on this site

Robert B. Aderholt (R-AL), Sanford D. Bishop, Jr. (D-GA), Marsha Blackburn (R-TN), Ken Calvert (R-CA), Shelley Moore Capito (R-WV), John R. Carter (R-TX), Danny K. Davis (D-IL) and 166 more.

Recorded votes

• House roll call 27 (2006): On Agreeing to the Amendment, HR4167 (2006-03-08): Agreed to
• House roll call 28 (2006): On Agreeing to the Amendment, HR4167 (2006-03-08): Failed
• House roll call 29 (2006): On Agreeing to the Amendment, HR4167 (2006-03-08): Failed
• House roll call 30 (2006): On Agreeing to the Amendment, HR4167 (2006-03-08): Agreed to
• House roll call 31 (2006): On Motion to Recommit with Instructions, HR4167 (2006-03-08): Failed
• House roll call 32 (2006): On Passage, HR4167 (2006-03-08): Passed

Sources

• Congressional Research Service summary (Passed House amended)
• Congress.gov
• Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-109hr4167.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/109/hr>

Record fed-us-cong109-hr4167 · catalog fed-us-congress-bills-cong109 · updated 2026-11-15 by psicol fed-bills-cong109