[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9808 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9808
To direct the Administrator of the Environmental Protection Agency to
establish a voluntary food climate labeling program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2024
Mr. Casten (for himself and Ms. Brownley) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Administrator of the Environmental Protection Agency to
establish a voluntary food climate labeling program, 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 ``Voluntary Food Climate Labeling
Act''.
SEC. 2. VOLUNTARY FOOD CLIMATE LABELING PROGRAM.
(a) In General.--
(1) Establishment.--The Administrator of the Environmental
Protection Agency shall carry out a voluntary food climate
labeling program.
(2) Consultation.--The Administrator shall establish and
operate the labeling program in consultation with the Secretary
of Agriculture and the Federal Trade Commission.
(b) Administration of Program.--
(1) Prohibition.--A person manufacturing, importing,
distributing, or selling food may not place the food climate
label developed under subsection (c) on the food or its
labeling unless the Administrator has authorized such person to
do so under paragraph (3).
(2) Applications.--An applicant shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require.
(3) Review of applications.--The Administrator shall review
all applications submitted under paragraph (2) and approve any
such application--
(A) on the basis of whether the applicant provides
assurances satisfactory to the Administrator that the
applicant will adhere to the requirements of the
labeling program; and
(B) not on the basis of an assessment of the
benefits to the environment associated with the food.
(4) Placement of label.--If the Administrator approves an
application under this subsection with respect to a food, the
Administrator may specify where on the food or its labeling the
food climate label shall be placed.
(c) Development of Food Climate Label.--
(1) In general.--The Administrator shall specify--
(A) the visual form of the food climate label, as
described in paragraph (3);
(B) the information to be included on the food
climate label, as described in paragraph (4); and
(C) the method by which the information to be
included on the food climate label shall be verified,
as described in paragraph (5).
(2) Consultation.--In specifying the visual form,
information to be included, and method for verification
referred to in paragraph (1), the Administrator--
(A) shall consult with food industry stakeholders;
and
(B) may perform such consultation--
(i) by establishing a Federal advisory
committee under chapter 10 of title 5, United
States Code (commonly referred to as the
``Federal Advisory Committee Act''); or
(ii) through a negotiated rulemaking under
the Negotiated Rulemaking Act of 1990 (Public
Law 101-648).
(3) Visual form.--The visual form of the food climate label
shall--
(A) convey the information described in paragraph
(4) to the consumer in a manner that is determined by
the Administrator to be most useful to the consumer at
the point of sale in making food purchasing decisions;
(B) not convey that any given food is acceptable or
unacceptable, but instead provide to the consumer a
numerical quantification of the information described
in paragraph (4);
(C) employ words, numbers, and imagery, as
specified by the Administrator;
(D) convey that the information on the food climate
label has been verified under requirements established
by the Environmental Protection Agency;
(E) include a logo (or other identifier) to help
the consumer identify the food climate label; and
(F) include a quick response code (commonly known
as a ``QR code'') or similar mechanism that provides
electronic access to the consumer at the point of sale
to the information described in paragraph (4)(B).
(4) Information to be included.--
(A) Label.--The food climate label shall include
two numerical summaries of the best available
information regarding the total greenhouse gas
emissions released throughout the lifecycle of the food
and its input materials as follows:
(i) The first numerical summary shall
include the information on the greenhouse gas
emissions released during--
(I) the growing of ingredients;
(II) the manufacture of the nonfood
input materials;
(III) processing;
(IV) packaging; and
(V) distribution.
(ii) The second numerical summary shall
include the information on the greenhouse gas
emissions released during--
(I) storage;
(II) presentation in a retail food
establishment;
(III) consumer use, including the
energy used to store the food after
purchase;
(IV) end-of-life reuse, recycling,
composting, treatment, and disposal of
the food and its packaging; and
(V) any other aspect of the
lifecycle of the food and its input
materials.
(B) Validation of summaries.--
(i) Validity of first numerical summary.--
The participant shall be responsible for the
validity of the numerical summary required by
subparagraph (A)(i).
(ii) Validity of second numerical
summary.--The Administrator shall--
(I) be responsible for the validity
of the numerical summary required by
subparagraph (A)(ii); and
(II) develop such numerical summary
in consultation with the participant
referred to in clause (i) and the
advisory committee established under
paragraph (2)(B).
(C) QR code.--The QR code (or similar mechanism)
referred to in paragraph (3)(F) shall provide access to
the following information:
(i) If the food is subject to a voluntary
commitment under subsection (d), an indication
that such food is subject to such commitment
and a summary of the information reported
pursuant to such commitment under such
subsection.
(ii) The database established under
subsection (e).
(5) Method of verification.--
(A) In general.--The Administrator shall specify
the method by which the information included on the
food climate label shall be verified. Such method shall
include--
(i) adhering to uniform standards for the
collection and analysis of such information;
(ii) adhering to requirements for entities
(certified by the Administrator for such
purpose) to measure, monitor, verify, and
report such information; and
(iii) using the best available scientific
information.
(B) International standards.--In developing the
method under subparagraph (A), the Administrator shall
consider the established international standards for
carbon accounting for product lifecycle assessment,
including--
(i) the ISO 14040 and ISO 14044 standards
of the International Organization for
Standardization; and
(ii) protocols established under the
Greenhouse Gas Protocol (commonly known as the
``GHG Protocol'') program of the World Business
Council for Sustainable Development and the
World Resources Institute, including--
(I) the GHG Product Life Cycle
Accounting and Reporting Standard; and
(II) Publicly Available
Specification 2050 (commonly known as
``PAS 2050'').
(C) Alignment with current best practices of food
industry.--The Administrator shall ensure that the
method under subparagraph (A) is informed by, and
generally aligned with, the current best practices of
the food industry for validating the information
included on the food climate label.
(d) Voluntary Commitments.--Not later than 2 years after the date
of enactment of this section, the Administrator shall establish a
program under which a manufacturer, importer, distributor, or seller of
a food bearing the food climate label may, on a voluntary basis--
(1) make and report a voluntary commitment to reduce the
greenhouse gas emissions associated with such food; and
(2) report sustainability information pertaining to the
food based on the best available scientific information.
(e) Database.--Not later than 2 years after the date of enactment
of this section, the Administrator shall establish and make publicly
accessible a database under an open license to provide consumers with
easy access to information pertaining to the labeling program,
including--
(1) explanations of the objectives and the methodologies of
the Administrator in developing the food climate label and in
specifying the visual form, information to be included, and
method for verification referred to in subsection (c)(1);
(2) the information described in clauses (i) and (ii) of
subsection (c)(4)(B) with respect to each food in the labeling
program;
(3) the voluntary commitments and sustainability
information reported under subsection (d); and
(4) as the Administrator determines appropriate, any
sustainability information pertaining to food bearing the food
climate label, based on the best available scientific
information.
(f) Reports.--Not later than 7 years after the date of enactment of
this section, and every 5 years thereafter, the Administrator shall--
(1) publish a report on the labeling program's
effectiveness in--
(A) providing consumers information that consumers
find useful; and
(B) reducing the greenhouse gas emissions
associated with food throughout the lifecycle of the
food and its input materials, as described in
subsection (c)(4)(A); and
(2) submit to Congress a report containing any
recommendations for legislative action that would improve the
labeling program's effectiveness in achieving the objectives
described in subparagraphs (A) and (B) of paragraph (1).
(g) Regulations.--
(1) In general.--Not later than 2 years after the date of
enactment of this section, the Administrator shall finalize
regulations to carry out the labeling program.
(2) Updates.--Not later than 7 years after the date of
enactment of this section, and every 5 years thereafter, the
Administrator shall update the regulations for carrying out the
labeling program to increase the labeling program's
effectiveness, as determined by the Administrator with regard
to the objectives described in subparagraphs (A) and (B) of
subsection (f)(1).
(h) Technical Assistance.--
(1) Establishment.--The Administrator shall establish a
technical assistance advisory board within the Environmental
Protection Agency to provide technical assistance to--
(A) entities participating in or seeking to
participate in the labeling program;
(B) entities certified or seeking to become
certified under subsection (c)(5)(A)(ii);
(C) entities making a voluntary commitment or
seeking to make such commitment under subsection (d);
and
(D) retail food establishments.
(2) Composition.--The technical assistance advisory board
under paragraph (1) shall be comprised of subject matter
experts and academics, trade associations, consultants, leaders
of the Department of Agriculture, and representatives of
industry and appropriate organizations.
(i) Consumer Outreach.--Not later than 3 years after the date of
enactment of this section, the Administrator shall establish a program
to inform consumers about the labeling program by--
(1) providing retail food establishments educational
materials and other information to be conveyed to consumers
regarding the labeling program, which materials and information
shall display the logo (or other identifier) described in
subsection (c)(3)(E); and
(2) reaching the public through a wide range of venues,
including public service announcements and advertising.
(j) Penalties for Fraudulent Use of Label.--
(1) In general.--Any person that violates a requirement of
this section shall be subject to a civil penalty of not more
than $10,000 for each such violation.
(2) Separate violations.--Each separate violation of a
requirement of this section with respect to a given type of
food shall be a separate offense, except that in a case of a
violation through continuing failure to obey or neglect to obey
an order by the Administrator under this section, each day of
continuance of such failure or neglect shall be deemed a
separate offense.
(3) Equitable relief.--In a civil action brought under this
section, the United States district courts are empowered to
grant mandatory injunctions and such other equitable relief as
such courts deem appropriate.
(k) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Applicant.--The term ``applicant'' means a person
that--
(A) manufactures, imports, distributes, or sells
food; and
(B) has an application pending under subsection (b)
to participate in the labeling program.
(3) Food industry stakeholders.--The term ``food industry
stakeholders'' means--
(A) entities that--
(i) grow, raise, process, prepare,
manufacture, or otherwise add value to a food
product;
(ii) store, package, repackage, transport,
or distribute a food product for wholesale;
(iii) sell a food product directly to
consumers;
(iv) provide a food-related service to
entities that engage in any of the activities
described in clauses (i) through (iii);
(v) measure, monitor, verify, and report
the type of information to be included on the
food climate label under subsection (c)(4);
(vi) represent consumers of food products;
or
(vii) study and analyze the food industry;
and
(B) other relevant stakeholders, as determined by
the Administrator.
(4) Greenhouse gas.--The term ``greenhouse gas'' includes--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) sulfur hexafluoride;
(E) any hydrofluorocarbon;
(F) any perfluorocarbon;
(G) nitrogen trifluoride;
(H) any fully fluorinated linear, branched, or
cyclic--
(i) alkane;
(ii) ether;
(iii) tertiary amine; or
(iv) aminoether;
(I) any perfluoropolyether;
(J) any hydrofluoropolyether; and
(K) any other fluorocarbon, except for a
fluorocarbon with a vapor pressure of less than 1
millimeter of mercury absolute at 25 degrees Celsius.
(5) Greenhouse gas emission.--The term ``greenhouse gas
emission'' means the release of a greenhouse gas into the
ambient air.
(6) Labeling program.--The term ``labeling program'' means
the voluntary food climate labeling program established under
this section.
(7) Open license.--The term ``open license'' means any
legally binding instrument that grants permission to access,
reuse, and redistribute a work with few or no restrictions.
(8) Participant.--The term ``participant'' means, with
respect to food, the person authorized pursuant to subsection
(b) to place the food climate label developed under subsection
(c) on the food or its labeling.
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