119-s1258

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1258 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1258

 To prohibit the sale of food that is, or contains, unsafe poppy seeds.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 2, 2025

 Mr. Cotton (for himself, Mr. Blumenthal, and Mr. Boozman) introduced 
the following bill; which was read twice and referred to the Committee 
 on Health, Education, Labor, and Pensions

_______________________________________________________________________

 A BILL

 To prohibit the sale of food that is, or contains, unsafe poppy seeds.

 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 ``Stephen Hacala Poppy Seed Safety 
Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) 

=== Findings ===
-Congress finds as follows:

    (1) Stephen Hacala was a 24-year-old from Fayetteville, 
 Arkansas, who was dearly loved by family and friends when he 
 died from morphine intoxication caused by consumption of 
 contaminated poppy seeds.

    (2) At least 19 people in the United States have been 
 confirmed to have died from morphine overdoses from 
 contaminated poppy seeds.

    (3) Women in the United States have tested positive for 
 opiates in hospitals at childbirth due to poppy seed 
 consumption in food, leading to unwarranted scrutiny from child 
 welfare officials.

    (4) In 2023, the Department of Defense issued a warning to 
 all servicemembers to avoid poppy seed consumption due to 
 opiate contamination and the risk of positive drug tests.

    (5) Studies of pharmaceutical opiates have found that a 
 dose of just 20 to 50 morphine milligram equivalents per day 
 increases the risk of overdose and death among patients 
 prescribed morphine for pain treatment.

    (6) Poppy products purchased in the United States have been 
 found to have up to 2,788 milligrams of morphine per kilogram 
 of seeds after extraction.

    (7) While poppy seeds are excluded from the definition of 
 ``opium poppy'' and ``poppy straw'' under the Controlled 
 Substances Act (21 U.S.C. 801 et seq.), that definition does 
 not exclude unwashed poppy seeds that have been contaminated 
 with opium alkaloids from the latex of the plant. The opium 
 alkaloids (inclusive of morphine, codeine, and thebaine), if 
 present as contaminants on poppy seed material, are also not 
 exempted from control under that Act.

    (b) 

=== Purpose ===
-It is the purpose of this Act to establish levels for 
contamination of poppy seeds by morphine, by codeine, and by other 
illicit compounds, above which poppy seeds shall be considered 
adulterated foods that are prohibited in interstate commerce.

SEC. 3. UNSAFE POPPY SEEDS AS ADULTERANTS IN FOOD.

 The Secretary of Health and Human Services shall--

    (1) not later than 1 year after the date of enactment of 
 this Act, issue a proposed rule establishing levels for 
 contamination of poppy seeds by morphine, by codeine, and by 
 any other compound which the Secretary may designate, above 
 which poppy seeds shall be deemed adulterated under 

section 402 
 of the Federal Food, Drug, and Cosmetic Act (42 U.S.C. 342); 
 and

    (2) not later than 2 years after the date of enactment of 
 this Act, finalize such rule.

SEC. 4. POPPY SEEDS AS A CONTROLLED SUBSTANCE.

 Nothing in this Act shall be construed as exempting poppy seeds 
that are contaminated by morphine, codeine, another alkaloid compound, 
or any other compound designated by the Secretary of Health and Human 
Services under 

section 3 from regulation under the Controlled 
Substances Act (21 U.S.C. 801 et seq.).
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