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HR 4167 109th Congress House

National Uniformity for Food Act of 2005

Official title: To amend the Federal Food, Drug, and Cosmetic Act to provide for uniform food safety warning notification requirements, and for other purposes.

Introduced: December 15, 2005 See on congress.gov
Agriculture and Food Administrative procedureAdministrative remediesCivil Rights and Liberties, Minority IssuesCommerce
More subjectsShow fewer subjects
Consumer educationDepartment of Health and Human ServicesDietary supplementsEmergency ManagementFederal preemptionFederal-state relationsFood safetyGovernment Operations and PoliticsHealthHealth warningsJudicial reviewLabelingLawLocal lawsPackagingPublic service advertisingRight of petitionStandardsState laws
This bill died when the 109th Congress ended
It never became law before the 109th Congress (2005–2006) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 39 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Mar 9, 2006
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Mar 8, 2006
Motion to reconsider laid on the table Agreed to without objection.
Mar 8, 2006
On passage Passed by recorded vote: 283 - 139 (Roll no. 32).
Mar 8, 2006
On motion to recommit with instructions Failed by recorded vote: 170 - 254 (Roll no. 31). (consideration: CR H755-757; text: CR H755)
Mar 8, 2006
DEBATE - The House proceeded with 10 minutes of debate on the Stupak motion to recommit with instructions. Instructions contained within the motion sought to report the bill back to the House with an amendment on page 4, beginning on line 1, to strike "Except as provided in subsections (c) and (d)," and insert "Except as provided in paragraph (4) and subsections (c) and (c),". and on page 5, after line 16, inserting "(4) NOTIFICATION REGARDING TREATMENT OF MEAT, POULTRY, OR FISH WITH CARBON MONOXIDE.--Paragraph (1) does not apply to a notification described in such paragraph if the notification concerns meat, poultry, or fish and warns that such food has been treated with carbon monoxide.".
Mar 8, 2006
Mr. Stupak moved to recommit with instructions to Energy and Commerce.
Mar 8, 2006
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
Mar 8, 2006
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4167.
Mar 8, 2006
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
Mar 8, 2006
POSTPONED PROCEEDINGS - At the conclusion of debate on the Wasserman Schulz amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Deal demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Mar 8, 2006
DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Wasserman Schultz amendment.
Mar 8, 2006
POSTPONED PROCEEDINGS - At the conclusion of debate on the Capps amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mrs. Capps demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Mar 8, 2006
DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 20 minutes of debate on the Capps amendment.
Mar 8, 2006
POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Waxman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Mar 8, 2006
DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment.
Mar 8, 2006
DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Rogers (MI) amendment.
Mar 8, 2006
POSTPONED PROCEEDINGS - At the conclusion of debate on the Cardoza amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Cardoza demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Mar 8, 2006
DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 20 minutes of debate on the Cardoza amendment.
Mar 8, 2006
DEBATE - Pursuant to the provisions of H. Res. 710, the Committee of the Whole proceeded with 10 minutes of debate on the Barton amendment.
Mar 8, 2006
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Mar 8, 2006
Considered as unfinished business. (consideration: CR H739-758; text of measure as reported in House: CR H739-741)
Mar 8, 2006
Rule H. Res. 710 passed House.
Mar 7, 2006
Rules Committee Resolution H. Res. 710 Reported to House. Rule provides for consideration of H.R. 4167. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
Mar 2, 2006
Committee of the Whole House on the state of the Union rises leaving H.R. 4167 as unfinished business.
Mar 2, 2006
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4167.
Mar 2, 2006
The Speaker designated the Honorable John Boozman to act as Chairman of the Committee.
Mar 2, 2006
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 702 and Rule XVIII.
Mar 2, 2006
Rule provides for consideration of H.R. 4167 with 1 hour of general debate. The rule waives all points of order against consideration of the bill. Therule provides that after general debate the Committee of the Whole shall rise without motion and no further consideration of the bill shall be in order except by a subsequent order of the House.
Mar 2, 2006
Considered under the provisions of rule H. Res. 702. (consideration: CR H530-539)
Mar 2, 2006
Rule H. Res. 702 passed House.
Mar 1, 2006
Rules Committee Resolution H. Res. 702 Reported to House. Rule provides for consideration of H.R. 4167 with 1 hour of general debate. The rule waives all points of order against consideration of the bill. Therule provides that after general debate the Committee of the Whole shall rise without motion and no further consideration of the bill shall be in order except by a subsequent order of the House.
Feb 28, 2006
Placed on the Union Calendar, Calendar No. 208.
Feb 28, 2006
Reported by the Committee on Energy and Commerce. H. Rept. 109-379.
Dec 15, 2005
Ordered to be Reported by the Yeas and Nays: 30 - 18.
Dec 15, 2005
Committee Consideration and Mark-up Session Held.
Nov 4, 2005
Subcommittee on Health Discharged.
Nov 4, 2005
Referred to the Subcommittee on Health.
Oct 27, 2005
Referred to the House Committee on Energy and Commerce.
Oct 27, 2005
Introduced in House
 Votes taken on this bill 2
DateChamberWhat was voted onResultYes–No
Mar 8, 2006 House · vote #32 On Passage Passed 283–139 See who voted →
Mar 8, 2006 House · vote #31 On Motion to Recommit with Instructions Failed 170–254 See who voted →
 Amendments to this bill 6

Amendments propose changes to this bill. Members vote on amendments separately before the final bill vote. An agreed amendment becomes part of the bill; a failed amendment does not.

4 agreed to 2 failed

AmendmentSponsorPurposeStatusLatest action
HAMDT 685 Wasserman Schultz, Debbie An amendment numbered 6 printed in House Report 109-386 to prevent the National Uniformity for Food Act from … Agreed to Mar 8, 2006
HAMDT 684 – An amendment numbered 5 printed in House Report 109-386 to permit states to maintain or enact food warning la… Failed Mar 8, 2006
HAMDT 683 – An amendment numbered 4 printed in House Report 109-386 to limit the scope of H.R. 4167 in order to preserve … Failed Mar 8, 2006
HAMDT 682 – An amendment numbered 3 printed in House Report 109-386 to state that the changes of law made by this legisla… Agreed to Mar 8, 2006
HAMDT 681 – An amendment numbered 2 printed in House Report 109-386 to provide for expedited consideration of state petit… Agreed to Mar 8, 2006
HAMDT 680 – An amendment numbered 1 printed in House Report 109-386 to delete section (f) from 403B; insert in 403A a new… Agreed to Mar 8, 2006
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 Latest action March 9, 2006

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

 Plain-English summary Congressional Research Service

National Uniformity for Food Act of 2005 - (Sec. 2) Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any state or political subdivision from establishing or continuing in effect for any food in interstate commerce: (1) any requirement that is not identical to specified FFDCA provisions (that does not have substantially the same language and the differences would result in the imposition of materially different requirements), including those related to adulterated foods, unsafe food additives, and new animal drugs; or (2) any notification requirement that provides for a warning concerning the food's safety that is not identical to FFDCA provisions. Allows: (1) a state or political subdivision to enforce a state law that contains a requirement that is identical to a requirement in such FFDCA provisions unless the Secretary of Health and Human Services has considered a proposal for, and published a determination not to promulgate, a regulation relating to such requirement; and (2) current state notification or food safety requirements to continue for 180 days, during which such state may petition for an exemption or a new national standard.

Allows a state to petition for an exemption or to establish a national standard regarding any requirement under FFDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows the Secretary of Health and Human Service to provide such an exemption if the requirement: (1) protects an important public interest that would otherwise be unprotected; (2) would not cause any food to be in violation of any federal law; and (3) would not unduly burden interstate commerce. Requires the Secretary to expedite consideration of such a petition that involves a notification requirement to warn of cancer or reproductive or birth defects or to provide information that will allow parents or guardians to understand, monitor, or limit a child's exposure to cancer-causing agents or reproductive or developmental toxins.

Allows a state to establish a requirement that would otherwise violate FFDCA provisions relating to national uniform nutrition labeling or this Act if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.

Declares that this Act does not preempt state and local laws relating to freshness dating, open date labeling, grade labeling, a state inspection stamp, religious dietary labeling, organic or natural designation, returnable bottle labeling, unit pricing, a statement of geographic origin, dietary supplements, or a consumer advisory relating to food sanitation imposed on a food establishment or recommended by the Secretary.

(Sec. 3) Provides that this Act only takes effect if the Secretary certifies to Congress that its implementation will pose no additional risk to the public health or safety from terrorists attacks relating to the food supply.

(Sec. 4) Excludes from the scope of this Act any state law, regulation, proposition, or other action that establishes a notification requirement regarding the presence or potential effects of mercury in fish and shellfish.

 Related & companion bills 3
 Bill text 4 versions

Source documents hosted by congress.gov.

 Committees of jurisdiction 3
 Cosponsors 76
BROWN, HENRY
· Dec 15, 2005
D
Costa, Jim
California · Dec 15, 2005
COSTELLO, JERRY
· Dec 14, 2005
Herseth Sandlin, Stephanie
· Dec 14, 2005
KANJORSKI, PAUL
· Dec 13, 2005
Reichert, David
· Dec 13, 2005
STEARNS, CLIFF
· Dec 13, 2005
R
Boozman, John
Arkansas · Dec 8, 2005
INGLIS, BOB
· Dec 8, 2005
Mack, Connie
· Dec 8, 2005
Melancon, Charlie
· Dec 8, 2005
Salazar, John
· Dec 8, 2005
TAYLOR, GENE
· Dec 8, 2005
AKIN, W.
· Nov 18, 2005
Bean, Melissa
· Nov 18, 2005
R
Cole, Tom
Oklahoma · Nov 18, 2005
R
Foxx, Virginia
North Carolina · Nov 18, 2005
R
McCaul, Michael T.
Texas · Nov 18, 2005
Brown-Waite, Ginny
· Nov 3, 2005
HASTINGS, DOC
· Nov 3, 2005
Ryan, Paul
· Nov 3, 2005
Barrett, J.
· Oct 28, 2005
R
Aderholt, Robert B.
Alabama · Oct 27, 2005
Alexander, Rodney
· Oct 27, 2005
BERRY, MARION
· Oct 27, 2005
BIGGERT, JUDY
· Oct 27, 2005
D
Bishop, Sanford D.
Georgia · Oct 27, 2005
R
Blackburn, Marsha
Tennessee · Oct 27, 2005
BOEHNER, JOHN
· Oct 27, 2005
BOUCHER, RICK
· Oct 27, 2005
BOYD, ALLEN
· Oct 27, 2005
R
Calvert, Ken
California · Oct 27, 2005
CAMP, DAVE
· Oct 27, 2005
CANTOR, ERIC
· Oct 27, 2005
R
Capito, Shelley Moore
West Virginia · Oct 27, 2005
Cardoza, Dennis
· Oct 27, 2005
R
Carter, John R.
Texas · Oct 27, 2005
Chandler, Ben
· Oct 27, 2005
Davis, Geoff
· Oct 27, 2005
D
Davis, Danny K.
Illinois · Oct 27, 2005
Davis, Artur
· Oct 27, 2005
Davis, Lincoln
· Oct 27, 2005
DIAZ-BALART, LINCOLN
· Oct 27, 2005
EHLERS, VERNON
· Oct 27, 2005
EMERSON, JO
· Oct 27, 2005
ETHERIDGE, BOB
· Oct 27, 2005
GALLEGLY, ELTON
· Oct 27, 2005
GORDON, BART
· Oct 27, 2005
R
Graves, Sam
Missouri · Oct 27, 2005
HERGER, WALLY
· Oct 27, 2005
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APA
U.S. Congress. (2026). H.R. 4167: National Uniformity for Food Act of 2005. 109th Congress. Open America. https://openamerica.io/bill/109-HR-4167/
MLA
"H.R. 4167: National Uniformity for Food Act of 2005." 109th Congress, 2026, Open America, https://openamerica.io/bill/109-HR-4167/.
Bluebook (legal)
H.R. 4167, 109th Cong. (2026), https://openamerica.io/bill/109-HR-4167/.
Markdown link
[H.R. 4167: National Uniformity for Food Act of 2005](https://openamerica.io/bill/109-HR-4167/)
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