119-hr848

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 848 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 848

 To direct the Administrator of the Environmental Protection Agency to 
 establish a voluntary food climate labeling program, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 31, 2025

 Mr. Casten (for himself and Ms. Brownley) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

 A BILL

 To direct the Administrator of the Environmental Protection Agency to 
 establish a voluntary food climate labeling program, 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 ``Voluntary Food Climate Labeling 
Act''.

SEC. 2. VOLUNTARY FOOD CLIMATE LABELING PROGRAM.

    (a) In General.--

    (1) Establishment.--The Administrator of the Environmental 
 Protection Agency shall carry out a voluntary food climate 
 labeling program.

    (2) Consultation.--The Administrator shall establish and 
 operate the labeling program in consultation with the Secretary 
 of Agriculture and the Federal Trade Commission.

    (b) Administration of Program.--

    (1) Prohibition.--A person manufacturing, importing, 
 distributing, or selling food may not place the food climate 
 label developed under subsection
            (c) on the food or its 
 labeling unless the Administrator has authorized such person to 
 do so under paragraph

    (3) .

    (2) Applications.--An applicant shall submit to the 
 Administrator an application at such time, in such manner, and 
 containing such information as the Administrator may require.

    (3) Review of applications.--The Administrator shall review 
 all applications submitted under paragraph

    (2) and approve any 
 such application--
        (A) on the basis of whether the applicant provides 
 assurances satisfactory to the Administrator that the 
 applicant will adhere to the requirements of the 
 labeling program; and
        (B) not on the basis of an assessment of the 
 benefits to the environment associated with the food.

    (4) Placement of label.--If the Administrator approves an 
 application under this subsection with respect to a food, the 
 Administrator may specify where on the food or its labeling the 
 food climate label shall be placed.
            (c) Development of Food Climate Label.--

    (1) In general.--The Administrator shall specify--
        (A) the visual form of the food climate label, as 
 described in paragraph

    (3) ;
        (B) the information to be included on the food 
 climate label, as described in paragraph

    (4) ; and
            (C) the method by which the information to be 
 included on the food climate label shall be verified, 
 as described in paragraph

    (5) .

    (2) Consultation.--In specifying the visual form, 
 information to be included, and method for verification 
 referred to in paragraph

    (1) , the Administrator--
        (A) shall consult with food industry stakeholders; 
 and
        (B) may perform such consultation--
            (i) by establishing a Federal advisory 
 committee under chapter 10 of title 5, United 
 States Code (commonly referred to as the 
 ``Federal Advisory Committee Act''); or
            (ii) through a negotiated rulemaking under 
 the Negotiated Rulemaking Act of 1990 (Public 
 Law 101-648).

    (3) Visual form.--The visual form of the food climate label 
 shall--
        (A) convey the information described in paragraph

    (4) to the consumer in a manner that is determined by 
 the Administrator to be most useful to the consumer at 
 the point of sale in making food purchasing decisions;
        (B) not convey that any given food is acceptable or 
 unacceptable, but instead provide to the consumer a 
 numerical quantification of the information described 
 in paragraph

    (4) ;
            (C) employ words, numbers, and imagery, as 
 specified by the Administrator;
            (D) convey that the information on the food climate 
 label has been verified under requirements established 
 by the Environmental Protection Agency;
        (E) include a logo (or other identifier) to help 
 the consumer identify the food climate label; and
        (F) include a quick response code (commonly known 
 as a ``QR code'') or similar mechanism that provides 
 electronic access to the consumer at the point of sale 
 to the information described in paragraph

    (4)
        (B) .

    (4) Information to be included.--
        (A) Label.--The food climate label shall include 
 two numerical summaries of the best available 
 information regarding the total greenhouse gas 
 emissions released throughout the lifecycle of the food 
 and its input materials as follows:
            (i) The first numerical summary shall 
 include the information on the greenhouse gas 
 emissions released during--
            (I) the growing of ingredients;
            (II) the manufacture of the nonfood 
 input materials;
            (III) processing;
            (IV) packaging; and
            (V) distribution.
            (ii) The second numerical summary shall 
 include the information on the greenhouse gas 
 emissions released during--
            (I) storage;
            (II) presentation in a retail food 
 establishment;
            (III) consumer use, including the 
 energy used to store the food after 
 purchase;
            (IV) end-of-life reuse, recycling, 
 composting, treatment, and disposal of 
 the food and its packaging; and
            (V) any other aspect of the 
 lifecycle of the food and its input 
 materials.
        (B) Validation of summaries.--
            (i) Validity of first numerical summary.--
 The participant shall be responsible for the 
 validity of the numerical summary required by 
 subparagraph
        (A)
            (i) .
            (ii) Validity of second numerical 
 summary.--The Administrator shall--
            (I) be responsible for the validity 
 of the numerical summary required by 
 subparagraph
        (A)
            (ii) ; and
            (II) develop such numerical summary 
 in consultation with the participant 
 referred to in clause
            (i) and the 
 advisory committee established under 
 paragraph

    (2)
        (B) .
            (C) QR code.--The QR code (or similar mechanism) 
 referred to in paragraph

    (3)
        (F) shall provide access to 
 the following information:
            (i) If the food is subject to a voluntary 
 commitment under subsection
            (d) , an indication 
 that such food is subject to such commitment 
 and a summary of the information reported 
 pursuant to such commitment under such 
 subsection.
            (ii) The database established under 
 subsection

    (e) .

    (5) Method of verification.--
        (A) In general.--The Administrator shall specify 
 the method by which the information included on the 
 food climate label shall be verified. Such method shall 
 include--
            (i) adhering to uniform standards for the 
 collection and analysis of such information;
            (ii) adhering to requirements for entities 
 (certified by the Administrator for such 
 purpose) to measure, monitor, verify, and 
 report such information; and
            (iii) using the best available scientific 
 information.
        (B) International standards.--In developing the 
 method under subparagraph
        (A) , the Administrator shall 
 consider the established international standards for 
 carbon accounting for product lifecycle assessment, 
 including--
            (i) the ISO 14040 and ISO 14044 standards 
 of the International Organization for 
 Standardization; and
            (ii) protocols established under the 
 Greenhouse Gas Protocol (commonly known as the 
 ``GHG Protocol'') program of the World Business 
 Council for Sustainable Development and the 
 World Resources Institute, including--
            (I) the GHG Product Life Cycle 
 Accounting and Reporting Standard; and
            (II) Publicly Available 
 Specification 2050 (commonly known as 
 ``PAS 2050'').
            (C) Alignment with current best practices of food 
 industry.--The Administrator shall ensure that the 
 method under subparagraph
        (A) is informed by, and 
 generally aligned with, the current best practices of 
 the food industry for validating the information 
 included on the food climate label.
            (d) Voluntary Commitments.--Not later than 2 years after the date 
of enactment of this section, the Administrator shall establish a 
program under which a manufacturer, importer, distributor, or seller of 
a food bearing the food climate label may, on a voluntary basis--

    (1) make and report a voluntary commitment to reduce the 
 greenhouse gas emissions associated with such food; and

    (2) report sustainability information pertaining to the 
 food based on the best available scientific information.

    (e) Database.--Not later than 2 years after the date of enactment 
of this section, the Administrator shall establish and make publicly 
accessible a database under an open license to provide consumers with 
easy access to information pertaining to the labeling program, 
including--

    (1) explanations of the objectives and the methodologies of 
 the Administrator in developing the food climate label and in 
 specifying the visual form, information to be included, and 
 method for verification referred to in subsection
            (c) (1) ;

    (2) the information described in clauses
            (i) and
            (ii) of 
 subsection
            (c) (4)
        (B) with respect to each food in the labeling 
 program;

    (3) the voluntary commitments and sustainability 
 information reported under subsection
            (d) ; and

    (4) as the Administrator determines appropriate, any 
 sustainability information pertaining to food bearing the food 
 climate label, based on the best available scientific 
 information.

    (f) Reports.--Not later than 7 years after the date of enactment of 
this section, and every 5 years thereafter, the Administrator shall--

    (1) publish a report on the labeling program's 
 effectiveness in--
        (A) providing consumers information that consumers 
 find useful; and
        (B) reducing the greenhouse gas emissions 
 associated with food throughout the lifecycle of the 
 food and its input materials, as described in 
 subsection
            (c) (4)
        (A) ; and

    (2) submit to Congress a report containing any 
 recommendations for legislative action that would improve the 
 labeling program's effectiveness in achieving the objectives 
 described in subparagraphs
        (A) and
        (B) of paragraph

    (1) .

    (g) Regulations.--

    (1) In general.--Not later than 2 years after the date of 
 enactment of this section, the Administrator shall finalize 
 regulations to carry out the labeling program.

    (2) Updates.--Not later than 7 years after the date of 
 enactment of this section, and every 5 years thereafter, the 
 Administrator shall update the regulations for carrying out the 
 labeling program to increase the labeling program's 
 effectiveness, as determined by the Administrator with regard 
 to the objectives described in subparagraphs
        (A) and
        (B) of 
 subsection

    (f)

    (1) .

    (h) Technical Assistance.--

    (1) Establishment.--The Administrator shall establish a 
 technical assistance advisory board within the Environmental 
 Protection Agency to provide technical assistance to--
        (A) entities participating in or seeking to 
 participate in the labeling program;
        (B) entities certified or seeking to become 
 certified under subsection
            (c) (5)
        (A)
            (ii) ;
            (C) entities making a voluntary commitment or 
 seeking to make such commitment under subsection
            (d) ; 
 and
            (D) retail food establishments.

    (2) Composition.--The technical assistance advisory board 
 under paragraph

    (1) shall be comprised of subject matter 
 experts and academics, trade associations, consultants, leaders 
 of the Department of Agriculture, and representatives of 
 industry and appropriate organizations.
            (i) Consumer Outreach.--Not later than 3 years after the date of 
enactment of this section, the Administrator shall establish a program 
to inform consumers about the labeling program by--

    (1) providing retail food establishments educational 
 materials and other information to be conveyed to consumers 
 regarding the labeling program, which materials and information 
 shall display the logo (or other identifier) described in 
 subsection
            (c) (3)
        (E) ; and

    (2) reaching the public through a wide range of venues, 
 including public service announcements and advertising.

    (j) Penalties for Fraudulent Use of Label.--

    (1) In general.--Any person that violates a requirement of 
 this section shall be subject to a civil penalty of not more 
 than $10,000 for each such violation.

    (2) Separate violations.--Each separate violation of a 
 requirement of this section with respect to a given type of 
 food shall be a separate offense, except that in a case of a 
 violation through continuing failure to obey or neglect to obey 
 an order by the Administrator under this section, each day of 
 continuance of such failure or neglect shall be deemed a 
 separate offense.

    (3) Equitable relief.--In a civil action brought under this 
 section, the United States district courts are empowered to 
 grant mandatory injunctions and such other equitable relief as 
 such courts deem appropriate.

    (k) 

=== Definitions. ===
-In this section:

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

    (2) Applicant.--The term ``applicant'' means a person 
 that--
        (A) manufactures, imports, distributes, or sells 
 food; and
        (B) has an application pending under subsection

    (b) to participate in the labeling program.

    (3) Food industry stakeholders.--The term ``food industry 
 stakeholders'' means--
        (A) entities that--
            (i) grow, raise, process, prepare, 
 manufacture, or otherwise add value to a food 
 product;
            (ii) store, package, repackage, transport, 
 or distribute a food product for wholesale;
            (iii) sell a food product directly to 
 consumers;
            (iv) provide a food-related service to 
 entities that engage in any of the activities 
 described in clauses
            (i) through
            (iii) ;
            (v) measure, monitor, verify, and report 
 the type of information to be included on the 
 food climate label under subsection
            (c) (4) ;
            (vi) represent consumers of food products; 
 or
            (vii) study and analyze the food industry; 
 and
        (B) other relevant stakeholders, as determined by 
 the Administrator.

    (4) Greenhouse gas.--The term ``greenhouse gas'' includes--
        (A) carbon dioxide;
        (B) methane;
            (C) nitrous oxide;
            (D) sulfur hexafluoride;
        (E) any hydrofluorocarbon;
        (F) any perfluorocarbon;
        (G) nitrogen trifluoride;
        (H) any fully fluorinated linear, branched, or 
 cyclic--
            (i) alkane;
            (ii) ether;
            (iii) tertiary amine; or
            (iv) aminoether;
            (I) any perfluoropolyether;
        (J) any hydrofluoropolyether; and
        (K) any other fluorocarbon, except for a 
 fluorocarbon with a vapor pressure of less than 1 
 millimeter of mercury absolute at 25 degrees Celsius.

    (5) Greenhouse gas emission.--The term ``greenhouse gas 
 emission'' means the release of a greenhouse gas into the 
 ambient air.

    (6) Labeling program.--The term ``labeling program'' means 
 the voluntary food climate labeling program established under 
 this section.

    (7) Open license.--The term ``open license'' means any 
 legally binding instrument that grants permission to access, 
 reuse, and redistribute a work with few or no restrictions.

    (8) Participant.--The term ``participant'' means, with 
 respect to food, the person authorized pursuant to subsection

    (b) to place the food climate label developed under subsection
            (c) on the food or its labeling.
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