Food Choking Prevention Act of 2003

HR 2773 IH

108th CONGRESS

1st Session

H. R. 2773

To protect children from foods that pose a significant choking hazard.

IN THE HOUSE OF REPRESENTATIVES

July 17, 2003

Mr. HONDA (for himself, Mr. FERGUSON, Mr. PALLONE, Mr. WYNN, Mr. POMBO, Mr. PAYNE, Mr. BELL, Mr. STARK, Ms. LEE, and Mrs. CHRISTENSEN) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To protect children from foods that pose a significant choking hazard.

    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 `Food Choking Prevention Act of 2003'.

SEC. 2. OFFICE OF CHOKING HAZARD EVALUATION.

    (a) IN GENERAL- An Office of Choking Hazard Evaluation (referred to in this Act as the `Office') shall be established by the Food and Drug Administration. The Food and Drug Administration is encouraged to enter into interagency agreements with the Consumer Product Safety Commission and any other pertinent agencies in establishing and operating the Office.

    (b) INFORMATIONAL LABELS- The Office shall have the authority to require informational labels on food consumed by children that pose a demonstrably high choking risk to children.

    (c) RECALL AUTHORITY- The Office shall have mandatory recall authority of food that the Office determines pose a significant and unacceptable choking hazard to the general public.

    (d) EDUCATION- The Office shall produce educational materials on food choking hazards, precautions, and life-saving procedures that shall be provided to pediatricians and hospitals to distribute to patients aged 14 and younger. The Office shall designate one week a year as `National Child Food Choking Prevention Week' and shall widely publicize choking hazards and life-saving procedures during that time period. Child safety, as well as infant and child CPR classes, shall be made widely available throughout the designated week.

SEC. 3. INTERAGENCY TASK FORCE.

    (a) CHOKING HAZARD EVALUATION TASK FORCE- The Food and Drug Administration, in consultation with the Consumer Product Safety Commission, shall establish the Choking Hazard Evaluation Task Force (referred to in this Act as the `Task Force'). The staff of the Task Force shall be designated by such agencies.

    (b) Duties-

      (1) IN GENERAL- The Task Force shall be responsible for establishing criteria for determining whether a food poses a significant and unacceptable choking hazard.

      (2) AGE-SPECIFIC CRITERIA- In carrying out paragraph (1), the Task Force shall establish age-differentiated criteria for choking hazards.

      (3) PUBLIC COMMENT- There shall be a 90-day public comment period after the criteria under paragraph (1) are announced by the Task Force.

SEC. 4. DATABASE OF COMPLAINTS.

    The Food and Drug Administration, in consultation with other pertinent agencies, shall ensure that there is in operation a national database of food choking incidents. The Food and Drug Administration shall provide for an adequate reporting system throughout its field offices, which members of the health care profession and the general public can readily access to report new incidents.

SEC. 5. REPORTS TO CONGRESS.

    The Food and Drug Administration shall regularly submit reports to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the implementation of this Act.

END