[Congressional Record Volume 167, Number 64 (Wednesday, April 14, 2021)]
[House]
[Pages H1749-H1751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOOD ALLERGY SAFETY, TREATMENT, EDUCATION, AND RESEARCH ACT OF 2021
Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 578) to improve the health and safety of Americans living with
food allergies and related disorders, including potentially life-
threatening anaphylaxis, food protein-induced enterocolitis syndrome,
and eosinophilic gastrointestinal diseases, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 578
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 ``Food Allergy Safety,
Treatment, Education, and Research Act of 2021'' or the
``FASTER Act of 2021''.
SEC. 2. FOOD ALLERGY SAFETY.
(a) In General.--Section 201(qq)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(qq)(1)) is amended by
striking ``and soybeans'' and inserting ``soybeans, and
sesame''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to any food that is introduced or delivered for
introduction into interstate commerce on or after January 1,
2023.
SEC. 3. REPORT TO CONGRESS.
(a) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that
includes--
(1) descriptions of ongoing Federal activities related to--
(A) the surveillance and collection of data on the
prevalence of food allergies and severity of allergic
reactions for specific food or food ingredients, including
the identification of any gaps in such activities;
(B) the development of effective food allergy diagnostics;
(C) the prevention of the onset of food allergies;
(D) the reduction of risks related to living with food
allergies; and
(E) the development of new therapeutics to prevent, treat,
cure, and manage food allergies; and
(2) specific recommendations and strategies to expand,
enhance, or improve activities described in paragraph (1),
including--
(A) strategies to improve the accuracy of food allergy
prevalence data by expanding and intensifying current
collection methods, including support for research that
includes the identification of biomarkers and tests to
validate survey data and the investigation of the use of
identified biomarkers and tests in national surveys;
(B) strategies to overcome gaps in surveillance and data
collection activities related to food allergies and specific
food allergens; and
(C) recommendations for the development and implementation
of a regulatory process and framework that would allow for
the timely, transparent, and evidence-based modification of
the definition of ``major food allergen'' included in section
201(qq) of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
321(qq)), including with respect to--
[[Page H1750]]
(i) the scientific criteria for defining a food or food
ingredient as a ``major food allergen'' pursuant to such
process, including recommendations pertaining to evidence of
the prevalence and severity of allergic reactions to a food
or food ingredient that would be required in order to
establish that such food or food ingredient is an allergen of
public health concern appropriate for such process; and
(ii) opportunities for stakeholder engagement and comment,
as appropriate, in considering any such modification to such
definition.
(b) Publication.--The Secretary shall make the report under
subsection (a) available on the internet website of the
Department of Health and Human Services.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentlewoman from Washington (Mrs. Rodgers)
each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on S. 578.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of the Food Allergy Safety,
Treatment, Education, and Research Act, also known as the FASTER Act.
An estimated 32 million Americans, including approximately one in
every 13 children, are affected by food allergies. These allergies can
pose significant risks, particularly when inaccurate food labels fail
to warn consumers about the presence of some of these allergens.
Under current law, eight allergens are considered major food
allergens. These allergens include milk, eggs, shellfish, tree nuts,
wheat, peanuts, and soybeans. Due to their status as major food
allergens, manufacturers must clearly state the presence of any of
these ingredients on labels.
Notably missing from this list of allergens is sesame. Sesame is
considered an allergen of growing concern. While its prevalence has
more than doubled over the last decade, it is not required to be listed
as an allergen on food packaging. In fact, in some cases, a food may
contain sesame, but the ingredient won't be listed at all on the
labels, instead being referred to through nonspecific terms such as
``spices'' or words that may not be easily recognized by consumers as
containing sesame, such as tahini.
While many may not recognize the significance of a simple ingredients
label, for many families, a lack of clarity on ingredients could mean
life or death for those who are allergic to sesame. Clearly, this
information should be prominently featured on all packaged food labels.
This is an issue we have been working on for quite some time. I
previously introduced a bill several years ago that would list sesame
as a major food allergen, and although the Food and Drug Administration
opened a docket to solicit feedback about sesame labeling, the agency
has not been able to require the listing of sesame due to overly long
regulatory processes.
So today, Mr. Speaker, we are bypassing these regulatory delays and
taking action. The appropriately-named FASTER Act would quickly move
this process along by recognizing sesame as a major food allergen and
requiring its listing on new food labels after a phase-in process.
The bill will also require FDA to report recommendations on how we
can make additional improvements to protect individuals with food
allergies, including ways to add additional major food allergens.
So I want to thank Representative Matsui for her tireless work on
this bill. She is the prime sponsor. We came so close to getting this
over the finish line in the last Congress, and I am glad that today we
are sending this bill to President Biden for his signature. I am proud
to support the legislation. I encourage all Members to vote for it.
Mr. Speaker, I reserve the balance of my time.
Mrs. RODGERS of Washington. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, I rise today in support of S. 578, the Food Allergy
Safety, Treatment, Education, and Research Act. This legislation is
bipartisan, a companion of H.R. 1202, that was led by Representatives
McHenry, Gonzalez, and Matsui.
S. 578 will designate sesame as a major food allergen. This means
that, with the enactment of this legislation, manufacturers would have
to list this ingredient on the food packaging label of products
containing sesame.
Recent studies indicate that sesame allergies are of growing concern
in the United States, with a prevalence rate on par with allergies to
soy and fish, which are both listed as major allergens under the
Federal Food, Drug, and Cosmetic Act.
This commonsense legislation will provide consumers with the
information they need to protect themselves and their families from
certain dangerous and life-threatening allergic reactions.
Mr. Speaker, I urge my colleagues to support this legislation, and I
reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from California (Ms. Matsui) who is the House sponsor of
the legislation.
Ms. MATSUI. Mr. Speaker, I rise today in support of two of my bills
being considered under suspension today, the FASTER Act and the
TRANSPLANT Act.
The Food Allergy Safety, Treatment, Education, and Research Act,
FASTER--which wasn't as fast as I wanted it to be, but this act will
help to improve the safety of more than 32 million Americans, including
5.6 million children, living with potentially life-threatening food
allergies.
Under current law, mandatory labeling is required for major food
allergens recognized by the FDA like milk, eggs, and peanuts.
My grandson, Robby, has a peanut allergy, and for families like mine,
accurate food ingredient labels are vital to making safe and healthy
choices. The time we have spent reading the labels and having
discussions about whether he can go to a birthday party or not, or go
to camp or not, and having friends over, it was just heartbreaking. We
need to have those labels be clear.
Critically, the FASTER Act extends these labeling protections to
nearly 1.6 million Americans allergic to sesame by requiring sesame to
be included as an ingredient on a packaged food label.
The bill also expands the research necessary to find new treatments
and is an important step in the right direction to finding an eventual
cure for food allergies.
Today is a testament to the hard work of thousands of grassroots
advocates who sent emails, made calls, and visited Members of Congress
and staff to build support and make sesame the ninth allergen to be
labeled under law.
The outpouring of support was incredible. The FASTER Act will truly
make a difference for those living with potentially life-threatening
food allergies, and we are proud that it can now be sent to President
Biden's desk.
{time} 1245
I also rise today in support of H.R. 941, the TRANSPLANT Act, my
legislation to reauthorize the C.W. Bill Young Cell Transplantation
Program and the National Cord Blood Inventory for another 5 years.
Every 3 minutes, someone is diagnosed with blood cancer. For patients
and families facing these fatal diseases, a bone marrow or cord blood
transplant may be the best treatment or only potential for a cure.
Congress has long recognized the need to coordinate lifesaving
transplants between patients and unrelated donors at the national level
and has shown strong bipartisan support over the years for the program.
We must continue to encourage donors and give these patients with
otherwise fatal blood cancers a second chance at life. That is why I
joined with Representative Bilirakis to introduce the TRANSPLANT Act.
This past year, there has been a new sense of urgency for this timely
reauthorization. We have seen how Be The Match's status, as the
designated operator of the national program, has helped bone marrow
couriers continue to facilitate transplants during the pandemic.
[[Page H1751]]
We must act swiftly to preserve this critical designation and ensure
patients with otherwise fatal blood cancers continue to have access to
transplants, both during and after the current public health crisis.
I urge my colleagues to support this legislation today so we may
further prevent any lapse in funding. I support both bills.
Mrs. RODGERS of Washington. Mr. Speaker, I yield 3 minutes to the
gentleman from North Carolina (Mr. McHenry), one of the leaders of this
legislation and the leader of the Financial Services Committee.
Mr. McHENRY. Mr. Speaker, I thank Mrs. Rodgers, my classmate and a
member of the Energy and Commerce Committee for yielding. It is an
amazing thing to be with you here today, and it is an amazing thing to
be here today to talk about this important bill.
As the lead Republican cosponsor of the House companion to S. 578, I
rise in support of the FASTER Act.
Millions of Americans suffer from life-threatening food allergies.
More than 1.5 million Americans are allergic to sesame, in particular,
yet there is no current requirement to include the ingredient on
product labels. This legislation would declare it the ninth major
allergen to be recognized by the U.S. Food and Drug Administration and
update laws to require the labeling of sesame.
This bill would also require the Secretary of Health and Human
Services to regularly review promising food allergy treatments and
research. This is a major bipartisan priority. These efforts will help
slow this rapidly growing disease and ultimately find and fund a cure.
Finally, the FASTER Act establishes a scientific process and
framework for establishing additional allergens covered by the Federal
Food, Drug, and Cosmetic Act.
I am proud to serve as cofounder and co-chair of the newly formed
Congressional Food Allergy Research Caucus, along with Congresswoman
Doris Matsui. We recognize there is more we can do to help those 32
million Americans, including many who are children who suffer from food
allergies.
We can and we should do more to increase funding into research,
therapies, and treatments for food allergies. Sending this legislation
to the President's desk would be a major first step to achieving our
goal of improving treatment opportunities.
I urge my colleagues on both sides of the aisle to vote ``yes'' on
this bill.
Mr. PALLONE. Mr. Speaker, I urge my colleagues to support this bill,
S. 578, the FASTER Act, and I yield back the balance of my time.
Mrs. RODGERS of Washington. Mr. Speaker, I have no additional
speakers, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, S. 578.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BISHOP of North Carolina. Mr. Speaker, on that I demand the yeas
and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
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