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83D CONGRESS 1ST SESSION

H. R. 4901

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1953

Mr. MILLER of Nebraska introduced the following bill; which was referred to the Committee on Interstate and Foreign Cominerce

A BILL

To amend the Federal Food, Drug, and Cosmetic Act, as amended, by providing for the regulation of chemical additives in food to insure that such chemical additives has been adequately pretested and declared safe.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 201 of the Federal Food, Drug, and Cosmetic 4 Act, as amended (21 U. S. C., sce. 321), is amended by 5 adding at the end thereof the following new paragraph: 6 "(q) The term 'chemical additive' means any substance 7 (including products resulting from changes in such substance 8 after use) which is intended

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"(1) for use in preserving or altering any food or any characteristic of any food; or

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"(2) for use in substitution, in whole or part, for

any food or any ingredient thereof; or

"(3) for use in manufacturing, processing, packing, transporting, wrapping or holding food, if such use is likely to result in the contamination of the food; or

"(4) for use as artificial coloring, synthetic flavors, sweeteners, vitamins for encriching bread, mold inhibitors, bacteriacides, antioxidants, emulsifiers, and minerals whether it be intentional or incidental,

10 and which is not generally recognized, among experts quali11 fied by scientific training and experience to evaluate the 12 toxicity of such substances, as having been adequately tested 13 so as to show that it is safe for the use for which it is in14 tended. Such term does not include articles which are sub15 ject to the Federal Insecticide, Fungicide, and Rodenticide 16 Act (7 U. S. C., secs. 135-135k)."

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SEC. 2. Section 301 of such Act, as amended (21 18 U. S. C., scc. 331), is amended by changing “404 or 505” 19 in subsection (d) to "404, 408, or 505"; and “404, 505,

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506, 507, or 704" in subsection (j) to "404, 408, 505, 506, 21 507, or 704".

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SEC. 3. Section 304 of such Act, as amended (21 23 U. S. C., sec. 334), is amended by changing "404, or 24 505" in subsections (a) and (d) to "404, 408, or 505".

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SEC. 4. (a) Section 402 (a) of such Act, as amended

83D CONGRESS 1ST SESSION

H. R. 4901

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1953

Mr. MILLER of Nebraska introduced the following bill; which was referred to the Committee on Interstate and Foreign Cominerce

A BILL

To amend the Federal Food, Drug, and Cosmetic Act, as amended, by providing for the regulation of chemical additives in food to insure that such chemical additives has been adequately pretested and declared safe.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 201 of the Federal Food, Drug, and Cosmetic 4 Act, as amended (21 U. S. C., sce. 321), is amended by 5 adding at the end thereof the following new paragraph:

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"(q) The term 'chemical additive' means any substance 7 (including products resulting from changes in such substance

8 after use) which is intended

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10

"(1) for use in preserving or altering any food or any characteristic of any food; or

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2

3

4

5

6

7

8

9

2

"(2) for use in substitution, in whole or part, for

any food or any ingredient thereof; or

"(3) for use in manufacturing, processing, packing, transporting, wrapping or holding food, if such use is likely to result in the contamination of the food; or

"(4) for use as artificial coloring, synthetic flavors, sweeteners, vitamins for encriching bread, mold inhibitors, bacteriacides, antioxidants, emulsifiers, and minerals whether it be intentional or incidental,

10 and which is not generally recognized, among experts quali11 fied by scientific training and experience to evaluate the 12 toxicity of such substances, as having been adequately tested 13 so as to show that it is safe for the use for which it is in14 tended. Such term does not include articles which are sub15 ject to the Federal Insecticide, Fungicide, and Rodenticide 16 Act (7 U. S. C., secs. 135-135k).”

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SEC. 2. Section 301 of such Act, as amended (21 18 U. S. C., scc. 331), is amended by changing "404 or 505” 19 in subsection (d) to "404, 408, or 505"; and “404, 505,

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506, 507, or 704" in subsection (j) to "404, 408, 505, 506, 21 507, or 704".

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SEC. 3. Section 304 of such Act, as amended (21 23 U. S. C., sec. 334), is amended by changing "404, or 24 505" in subsections (a) and (d) to "404, 408, or 505".

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SEC. 4. (a) Section 402 (a) of such Act, as amended

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1 (21 U. S. C., sec. 342 (a)), is amended by changing the 2 period at the end to a semicolon and adding: “or (7) if it 3 bears or contains any chemical additive, unless an applica4 tion filed pursuant to section 408 (b) is effective with respect 5 to such chemical additive."

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(b) Section 402 (d) of such Act, as amended (21

7 U. S. C., sec. 342 (a)), is amended by making it read:

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"(d) If it is a confectionery and it contains any alcohol

or nonnutritive trinket or object: Provided, That this para10 graph shall not apply to any confectionery by reason of its 11 containing less than one-half of one per centum by volume 12 of alcohol derived solely from the use of flavoring extracts." SEC. 5. Chapter IV of such Act, as amended (21 14 U. S. C., subchapter IV), is amended by adding the follow

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"CHEMICAL ADDITIVES

"SEC. 408. (a) No person shall introduce or deliver 18 for introduction into interstate commerce any chemical addi19 tive as defined in section 201 (q) unless an application filed

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pursuant to subsection (b) is effective with respect to such 21 chemical additive.

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"(b) Any person may file with the Administrator an application with respect to any chemical additive subject to 24 the provisions of subsection (a). Such person shall submit

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to the Administrator as a part of the application (1) full

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