To require the Secretary of Health and Human Services to ensure that the public is provided adequate notice and education on the effects of exposure to mercury through the development of health advisories and by requiring that such appropriate advisories be posted, or made readily available, at all businesses that sell fresh, frozen, and canned fish and seafood where the potential for mercury exposure exists.

July 6, 2004

Mr. PALLONE introduced the following bill; which was referred to the Committee on Energy and Commerce

To require the Secretary of Health and Human Services to ensure that the public is provided adequate notice and education on the effects of exposure to mercury through the development of health advisories and by requiring that such appropriate advisories be posted, or made readily available, at all businesses that sell fresh, frozen, and canned fish and seafood where the potential for mercury exposure exists.

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 `Mercury Health Advisory Act of 2004'.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- Congress makes the following findings:

(1) Mercury is a persistent, bioaccumulative heavy metal that poses a significant risk to human health, wildlife, and the environment.

(2) Mercury discharges into the atmosphere and surface oceans have increased two-to-five fold since the beginning of the industrialized period due to human activities.

(3) Substantial evidence is accumulating that exposure to methyl-mercury is widespread in the general public and occurring at higher than health-based levels of concern according to the Food and Drug Administration, the Environmental Protection Agency, and the World Health Organization. Fish and seafood caught or sold in the United States are contaminated with methyl-mercury, a toxic element that may cause neurological damage and other health-related problems as a result of fish or seafood consumption.

(4) According to the 1997 Environmental Protection Agency Mercury Report to Congress, mercury levels in the following fish, at least occasionally, exceeded the Food and Drug Administration's `action level' limit of 1 part per million: tilefish, king mackerel, shark, swordfish, tuna, lobster, red snapper, saltwater and freshwater bass, bluefish, bluegills, catfish, crappie, groupers, hake, halibut, northern pike, walleye, largemouth bass, pompano, snook, sunfish, and other finfish.

(5) The Food and Drug Administration advises pregnant women and women of childbearing age not to eat shark, king mackerel, tilefish, and swordfish and to limit consumption of all other fish to 12 ounces per week. The Food and Drug Administration advises other persons to limit their consumption of shark and swordfish to no more than 7 ounces per week.

(6) The Environmental Protection Agency recommends that women who are pregnant or who may become pregnant, nursing mothers, and young children limit fish consumption to 6 meals per week of cooked fish or an 8-ounce meal per week for uncooked fish for adults and 2 meals per week of cooked fish or a 3-ounce meal per week of uncooked fish for young children.

(7) In 2003, 44 States issued health advisories that warned the public about consuming mercury-tainted fish, as compared to 27 States that issued such advisories in 1993.

(8) Eleven States warn pregnant women and young children to limit consumption of canned tuna, the most consumed fish in the United States, to 1 or 2 cans per week and some States warn that the `white' albacore canned tuna has significantly higher mercury levels than the `light' tuna, based upon Food and Drug Administration testing.

(9) Data from the National Health and Nutrition Examination Survey Centers indicates that 7.8 percent of women of childbearing age have blood mercury levels in their bodies above what is considered safe for the developing fetus, translating into over 300,000 babies born each year in the United States at risk of mercury poisoning.

(10) Between 30 percent and 50 percent of women of childbearing age are not aware of the methyl-mercury exposure risks from ingestion of mercury-contaminated fish, according to the Food and Drug Administration.

(11) A January 2001 report by the United States General Accounting Office (GAO) criticized the Food and Drug Administration for not providing guidance to the fishing industry to identify and prevent fish contaminated with mercury from reaching consumers, even though the Agency's own testing found that, for example, over half of the swordfish exceeded its action level of one part per million (ppm).

(12) Evidence is continuing to emerge linking increased risk of coronary heart disease to mercury exposure, as presented in at least 2 peer reviewed studies.

(13) Health advisory information on mercury-contaminated fish, which is necessary to protect public health, is not widely known by the State or Federal Government. This lack of awareness potentially threatens tens of millions of Americans who may unknowingly ingest harmful amounts of mercury because they are not aware of exposure risks from consumption of freshwater fish and seafood.

(b) Purposes- The purposes of this Act are to--

(1) ensure that the public is adequately informed about the potential adverse effects of mercury exposure through the consumption of fish products;

(2) require the Secretary of Health and Human Services to work cooperatively with other Federal and State agencies, as well as nonprofit organizations, to create appropriate advisories for the distribution to the public of explanations of the potential adverse effects of mercury exposure from fish consumption;

(3) require the Administrator of the Environmental Protection Agency to work cooperatively with State fish and game officials to create an informative guide for distribution to the public about the dangers of the consumption of recreationally-caught fish;

(4) require the Food and Drug Administration to resume its seafood methyl-mercury monitoring program to better document mercury levels in various fish species sold in commerce;

(5) require the Secretary of Health and Human Services, in cooperation with private and public organizations, to design and implement a National Public Education Program regarding the presence of methyl-mercury in seafood and fish consumption advisories for methyl-mercury; and

(6) require the Administrator of the Environmental Protection Agency to annually prepare a report on the impacts of mercury on human health and the environment.

SEC. 3. DEFINITIONS.

In this Act:

(1) Administrator- The term `Administrator' means the Administrator of the Environmental Protection Agency.

(2) Commissioner- The term `Commissioner' means the Commissioner of Food and Drugs.

(3) Health professional- The term `health professional' means any licensed professional in the dental and medical profession.

(4) Secretary- The term `Secretary' means the Secretary of Health and Human Services.

SEC. 4. ADVISORY NOTICES.

(a) Consumer Mercury Advisory Notice-

(1) In general- The Administrator and the Commissioner shall jointly develop fish consumption advisories for methyl-mercury in fish. Such advisories shall be based on the Environmental Protection Agency's Reference Dose for--

(A) the general population;

(B) sensitive populations; and

(C) populations consuming above average amounts of fish.

(2) Consumer's notice- The Secretary, in consultation with the Administrator and the heads of State environmental agencies and health departments, shall prepare a consumer's mercury advisory notice. Such notice shall be distributed widely by the Secretary, at no cost, to health professionals, particularly medical offices that provide gynecological, obstetrical, or pediatric care, and to the extent practicable shall be made available and posted in the patient or client areas of all maternal and child health and nutrition program offices, and shall be made available to health care providers, Federal, State, and local government agencies, and the general public upon request.

(3) Criteria- The advisories developed under this subsection shall--

(A) explain, in an easily understandable manner, the dangers of mercury exposure through the consumption of mercury contaminated fish to women of childbearing age, women who expect to become pregnant, women who are pregnant or breast feeding their children, and young children and their parents;

(B) describe, in an easily understandable manner, in detail the most current mercury health advisories prepared by the Federal Government concerning fish consumption, contain the toll free number established under paragraph (4), and contain such other information as the Secretary determines appropriate; and

(C) be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate.

(4) Toll-free telephone number- The Secretary shall establish a toll-free telephone number to enable individuals to obtain additional information about the health advisories developed under this subsection concerning exposure to mercury from consumption of fish and seafood, as well as exposure from other sources.

(5) Updating of information- The information provided under this subsection shall be updated periodically as determined necessary by the Secretary.

(b) Mercury Warning Consumer's Guide-

(1) In general- The Administrator, in consultation with the Secretary, shall prepare a consumer's guide to mercury and health advisory for the consumption of recreationally-caught fish. Such guide shall be distributed, at no cost, to--

(A) State departments of fisheries, wildlife, and environmental law enforcement;

(B) all applicants for a fishing license at the time the license is issued; and

(C) to public upon request.

(2) Criteria- The guide developed under paragraph (1) shall--

(A) be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate;

(B) contain the toll free telephone number established by the Environmental Protection Agency that residents may call for further information about the health advisories contained in the guide.

(3) Updating of information- The guide developed under paragraph (1) shall be updated periodically as determined necessary by the Secretary.

(c) Consumption Advisory-

(1) In general- The Secretary, in consultation with the Secretary of Agriculture and the Administrator, shall work with the States and other appropriate entities to--

(A) develop and distribute regional and national advisories concerning the presence of methyl-mercury in seafood;

(B) develop standardized formats for written and broadcast advisories regarding methyl-mercury in seafood;

(C) develop and periodically upgrade information related to mercury fish tissue test results and fish consumption advisories for methyl-mercury;

(D) coordinate State and local advisories in the formation of the National Public Education Program under subsection (d)(1); and

(E) coordinate with that sector of the retail food industry that is engaged in the sale of any fresh, packaged, or frozen fish or seafood products intended for human consumption, concerning the posting of such advisories in their place of business where fish are sold to inform women of childbearing age, pregnant, and nursing women and the parents of young children on the potential dangers of mercury that is present in certain fish or seafood.

(2) Criteria- The advisories and notices developed under paragraph (1) shall include information both on limiting the consumption of certain high level fish and seafood to the general population and, for sensitive populations such as women of childbearing age and children, stress the importance of limiting consumption of frequently consumed fish that may exceed the Environmental Protection Agency's Reference Dose.

(3) Consumption advisory-

(A) In general- Based on information compiled by the Environmental Protection Agency, the National Marine Fisheries Services, and the Food and Drug Administration, shall work with State health, fish and wildlife, and environmental agencies to develop and periodically update a consumption advisory for any fresh, packaged, or frozen fish or seafood products intended for human consumption for posting by retail food establishments and restaurants pursuant to this Act. The advisory shall provide information about the potential dangers from the ingestion of mercury from the consumption of fish and seafood by women of childbearing age, pregnant women, and young children and other at-risk groups as determined by the Department, including populations consuming above-average quantities of fish and seafood.

(B) Distribution- The Secretary shall make copies of the advisory developed under subparagraph (A) available to State boards of health or other State and local governmental entities that have the same authority as a State board of health for distribution to the public and to local retail food establishments and restaurants.

(4) Requirements- The advisories and notices developed under this subsection shall be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate.

(d) Public Education and Advisory System-

(1) Public education- The Secretary, in consultation with public and nonprofit private entities (including cooperative extension services and appropriate State entities), shall design and implement a national public education program regarding the presence of methyl-mercury in seafood.

(2) Features- The program developed under paragraph (1) shall provide--

(A) information to the public regarding--

(i) Federal standards and good practice requirements relating to methyl-mercury in seafood; and

(ii) the promotion of public awareness, understanding, and acceptance of such standards and requirements;

(B) information to health professionals so that health professionals may improve the diagnosis and treatment of mercury-related illness and advise individuals whose health conditions place those individuals at particular risk; and

(C) such other information or advice to consumers and other individuals as the Secretary determines will promote the purposes of this section.

(e) Sampling and Monitoring-

(1) In general- The Commissioner shall resume the seafood methyl-mercury monitoring sampling program of the Food and Drug Administration to assist in documenting mercury levels in various fish species.

(2) Monitoring- The sampling program described in paragraph (1) shall be conducted so as to provide statistically valid monitoring data with respect to mercury levels in fish and seafood (including market-basket studies) including documenting the extent to which fish with mercury levels in excess of the action level are sold in commerce. Such information, along with information gathered by the Environmental Protection Agency, shall be compiled into an annual report by the Commissioner to track changes in dietary exposure to mercury from fish and seafood.

(3) Avoidance of duplication of effort- To the extent practicable, the sampling program described in paragraph (1) shall be consistent with, and shall be coordinated with, other seafood sampling programs that are in use, so as to avoid duplication of effort.

SEC. 5. HAACP ASSESSMENT.

Not later than 1 year after the date of enactment of this Act, the Secretary shall finalize the Hazard Analysis and Critical Control Point assessment to determine whether or not methyl-mercury exposure through fish consumption is a public health hazard.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

(a) Public Education and Advisory System- There is authorized to be appropriated to develop and implement the public education and advisory system under section 3(d), $500,000 for each fiscal year.

(b) Sampling- There is authorized to be appropriated to carry out sampling under section 3(e), $1,000,000 for each fiscal year.

(c) State Support-

(1) In general- There is authorized to be appropriated to support the efforts of States to sample noncommercial fish and inland waterways for mercury and to produce State-specific health advisories related to mercury, $2,000,000 for each fiscal year.

(2) Equitable distribution- The Administrator shall distribute amounts made available under paragraph (1) equitably among the States through programs in existence on the date of enactment of this Act.

END