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H.R.6191 - Cancer-Free Label Act of 2012
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.
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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 concernedCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS AND PURPOSE.
(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.CommentsClose CommentsPermalink
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’.CommentsClose CommentsPermalink
(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.’.CommentsClose CommentsPermalink
(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)--CommentsClose CommentsPermalink
(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’; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(A) shall be kept confidential by such department or agency, and shall be treated as trade secrets or confidential information for purposes of
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.CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(C) take reasonable measures to ensure compliance with agency guidance issued under subsection (e) relating to manufacture, storage, and transportation of such covered products.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink