[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6191 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6191
To establish programs in the executive branch to permit the labeling of
certain products that do not contain any carcinogens as ``Cancer-
Free'', and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2012
Mr. Deutch introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish programs in the executive branch to permit the labeling of
certain products that do not contain any carcinogens as ``Cancer-
Free'', and for other purposes.
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 ``Cancer-Free Label Act of 2012''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Approximately 1.5 million Americans, including
children, are diagnosed with cancer annually.
(2) Over 500,000 Americans die from cancer every year.
(3) Less than 5 percent of all cancers are caused by
genetic factors.
(4) Cancer is the top cause of disease-related death for
American children and adolescents.
(5) Children are more vulnerable to environmental
carcinogens than adults.
(6) Reducing exposure to carcinogens reduces risk of
cancer.
(7) The average consumer currently lacks the ability to
easily identify products that do not contain carcinogens.
(8) Consumers benefit from additional information about the
potential health impact of products they use.
(9) When comparing products to purchase for their families,
many consumers use potential health impact as a determining
factor.
(10) The 2008-2009 Annual Report of the President's Cancer
Panel urges action to prevent environmental and occupational
exposure to carcinogens.
(b) Purpose.--The purpose of this Act is to enable consumers to
reduce their exposure to carcinogens by allowing manufacturers to affix
a Cancer-Free label to products that do not contain known or probable
carcinogens through a voluntary process that does not require public
disclosure of trade secrets.
SEC. 3. CANCER-FREE LABELS.
(a) In General.--The head of each Federal department or agency that
regulates a covered product shall establish in that department or
agency a program to permit the labeling of covered products that do not
contain any carcinogens as ``Cancer-Free''.
(b) Development of Label.--The heads of each Federal department or
agency that regulates a covered product shall coordinate to develop an
easily recognizable label to be affixed to a covered product to signify
that the product has been approved for labeling as ``Cancer-Free''.
Such label shall include the following notice: ``This product does not
contain known or likely carcinogens that increase your risk of
cancer.''.
(c) Premarket Approval of Label.--
(1) In general.--It shall be unlawful to introduce or offer
for introduction into interstate commerce a covered product
affixed with a ``Cancer-Free'' label described under subsection
(b)--
(A) if the head of each Federal department or
agency that regulates the product has not approved an
application submitted under paragraph (2) for the
labeling of the product as ``Cancer-Free''; or
(B) if the product contains any substance that is
not listed in such application.
(2) Application.--Any person may submit an application for
the labeling of a covered product as ``Cancer-Free''. Such
application shall include a list of all the substances
contained within the product, and shall be accompanied by a
sample of the product.
(3) Criteria for approval.--The head of each Federal
department or agency to which an application is submitted under
paragraph (2) shall approve the application if such head
determines that--
(A) the application accurately lists all substances
contained in the product;
(B) the product does not contain any carcinogens;
(C) the product does not contain any substances
that display carcinogenicity upon degradation, upon
interactions with other substances contained within the
product or exposed to the product, during storage or
transportation, or during intended use of the product,
as determined by such head based on previous findings
made by such department or agency; and
(D) the applicant has demonstrated a plan to comply
with guidance issued under subsection (e) relating to
manufacture, storage, and transportation.
(4) Confidentiality of information.--Any information
provided to the head of a Federal department or agency under
paragraph (2)--
(A) shall be kept confidential by such department
or agency, and shall be treated as trade secrets or
confidential information for purposes of section
552(b)(4) of title 5, United States Code, and section
1905 of title 18, United States Code;
(B) may not be used for any purpose other than
approval of an application under this subsection; and
(C) may not be made public except with the prior
written consent of the applicant.
Submission of an application under paragraph (2) does not
constitute disclosure of trade secrets by the applicant or
public disclosure for the determination of patentability, and
any information contained in an application may not be used as
prior art to a claimed invention.
(5) Label integrity.--The head of each agency to which
applications are submitted under paragraph (2) shall--
(A) conduct random testing of covered products for
which applications are submitted for approval under
such paragraph to ensure that the applications
accurately list all the substances contained in such
products;
(B) conduct random audits of facilities in which
such covered products are manufactured; and
(C) take reasonable measures to ensure compliance
with agency guidance issued under subsection (e)
relating to manufacture, storage, and transportation of
such covered products.
(6) Fees.--The head of each Federal department or agency
may charge a reasonable fee for the submission and approval of
an application under paragraph (2). The amount of such fee
shall be the amount necessary to result in an estimated total
revenue from all such fees received by the department or agency
that is equal to the estimated total cost of the program
established by the department or agency under subparagraph (a).
(d) Penalty for Violations.--In addition to any other penalty
authorized by law, any person who knowingly violates subparagraph (A)
or (B) of subsection (c)(1) shall be subject to a civil penalty of not
more than $100,000.
(e) Guidance To Prevent Indirect Introduction of Carcinogens.--The
head of each Federal department or agency that regulates a covered
product shall issue guidance to prevent the introduction of carcinogens
into such covered product during the manufacture, storage, and
transportation of such covered product.
(f) National List.--The head of each Federal department or agency
that regulates a covered product shall each post on the public website
of that department or agency a list of all covered products regulated
by that department or agency that have been approved for labeling as
``Cancer-Free''.
(g) Definitions.--In this section:
(1) Carcinogen.--The term ``carcinogen'' means any of the
following:
(A) A substance listed in the National Toxicology
Program Report on Carcinogens as known to be a human
carcinogen or reasonably anticipated to be a human
carcinogen.
(B) A substance described in the Environmental
Protection Agency Integrated Risk Information System as
carcinogenic to humans or likely to be carcinogenic to
humans.
(2) Covered product.--The term ``covered product'' means
any product offered for sale that--
(A) is regulated by the Food and Drug
Administration, the Environmental Protection Agency,
the Department of Agriculture, or the Consumer Product
Safety Commission; and
(B) is intended for individual or residential use.
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