Section 1 Short title
This Act may be cited as the “Protect Our Food From Phthalate Contamination Act”.
Protect Our Food From Phthalate Contamination Act
A BILL
To ban the use of ortho-phthalate chemicals as food contact substances.
Sec. 2 Prohibition on use of ortho-phthalate chemicals as food contact substances, including food packaging materials
In general— Notwithstanding any other provision of law, effective on the date that is 2 years after the date of enactment of this Act—
the use of any ortho-phthalate chemical as a food contact substance shall be deemed to be unsafe for the purposes of the application of clause (2)(C) of section 402(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a));
any regulation previously issued under section 409 of such Act (21 U.S.C. 348) prescribing the conditions under which any ortho-phthalate chemical may be safely used as a food contact substance shall have no force or effect; and
the Secretary of Health and Human Services (referred to in this Act as the “Secretary”) shall object to any notification of an intended use of an ortho-phthalate chemical as a food contact substance submitted under section 409(h)(1) of such Act, and may not issue regulations prescribing any conditions under which any ortho-phthalate chemical may be safely used as a food contact substance.
Alternative substances— Notwithstanding any other provision of law, beginning on the date that is 2 years after the date of enactment of this Act, in acting in response to any petition under section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348) to establish safety with respect to a food contact substance that the Secretary determines to be an alternative to an ortho-phthalate chemical, in addition to the criteria under subsection (c) of such section 409, the Secretary shall consider potential adverse effects of exposure to the substance on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure, including workers who are exposed through production practices or handling of final products.