H.R. 9231

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9231 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9231

To amend the Federal Food, Drug, and Cosmetic Act to deem certain 
substances to be unsafe for use as food contact substances, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 9, 2026

Ms. Schakowsky (for herself, Ms. DeLauro, Mr. Jackson of Illinois, Ms. 
Norton, Ms. Barragan, Ms. Pingree, Mrs. Watson Coleman, Mrs. Dingell, 
Mr. Lynch, and Mr. Garcia of Illinois) introduced the following bill; 
which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to deem certain 
substances to be unsafe for use as food contact substances, 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 ``No Toxic Chemicals in Food Packaging 
Act of 2026''.

SEC. 2. SUBSTANCES DEEMED UNSAFE FOR USE AS FOOD CONTACT SUBSTANCES.

(a) In General.--Section 409 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 348) is amended by adding at the end the 
following:
``(l) Substances Deemed Unsafe for Use as Food Contact 
Substances.--
``(1) In general.--For purposes of this section and section 
402(a)(2)(C), the following are deemed to be unsafe for use as 
food contact substances:
``(A) Any chemical belonging to the class of ortho-
phthalates.
``(B) Any chemical belonging to the class of PFAS.
``(C) Bisphenol A, B, S, F, or AF or related 
compounds.
``(D) Acrolein.
``(E) Acrylamide.
``(F) BHA (tert-Butyl-4-hydroxyanisole).
``(G) Chlorinated paraffins.
``(H) 1,4-Dioxane.
``(I) Asbestos.
``(J) Benzene.
``(K) Chloroform.
``(L) Methylene chloride.
``(M) Ethylene oxide.
``(N) Formaldehyde.
``(O) Styrene polymers.
``(2) Alternative substances.--In acting in response to any 
petition under this section to establish safety with respect to 
a food contact substance that the Secretary determines to be an 
alternative to a substance listed in paragraph (1), in addition 
to the criteria under subsection (c), the Secretary shall 
consider potential adverse effects of exposure to the substance 
on vulnerable populations.
``(3) Definitions.--In this subsection:
``(A) The term `ortho-phthalates' means a class of 
chemicals that are non-polymeric esters of ortho-
phthalic acid.
``(B) The term `PFAS' means a perfluoroalkyl 
substance or a polyfluoroalkyl substance that contains 
at least 1 fully fluorinated methyl or methylene carbon 
atom.
``(C) The term `vulnerable population' means a 
human population that is subject to the potential for 
disproportionate exposure to, or the potential for 
disproportionate adverse effect from exposure to, a 
chemical substance or mixture, including--
``(i) infants, children, and adolescents;
``(ii) pregnant women;
``(iii) the elderly;
``(iv) individuals with preexisting medical 
conditions;
``(v) workers who may be exposed to 
chemical substances and mixtures;
``(vi) residents in communities subject to 
disproportionate exposures; and
``(vii) members of any other appropriate 
population identified by the Secretary.''.
(b) Preservation of State and Local Authority.--Section 409 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348) is amended further 
by adding at the end the following:
``(m) Preservation of State and Local Authority.--
``(1) In general.--Nothing in this section, or any rule 
promulgated under this section, shall be construed to limit the 
authority of a State or political subdivision of a State to 
enact, adopt, promulgate, and enforce any law, rule, 
regulation, ordinance, or other measure with respect to any 
food additive that is in addition to, or more stringent than, 
requirements established under this section, including a law, 
rule, regulation, ordinance, or other measure relating to--
``(A) the prohibition of the use of any substance 
as a food additive; and
``(B) the manufacture, distribution, sale, or use 
of any food containing a food additive regulated under 
this section.
``(2) Rule of construction regarding state and local law.--
No provision of this section relating to food additives shall 
be construed to modify or otherwise affect any action or the 
liability of any person under the law of any State or political 
subdivision of a State.
``(3) Food additive defined.--In this subsection, the term 
`food additive' includes a food additive that is a food contact 
substance.''.
(c) Delayed Applicability.--Section 409(l) of the Federal Food, 
Drug, and Cosmetic Act, as added by subsections (a), applies beginning 
on the date that is 2 years after the date of enactment of this Act.
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